A family from Haiti approach a tent in Saint-Bernard-de-Lacolle, Quebec, stationed by Royal Canadian Mounted Police, as they haul their luggage down Roxham Road in Champlain, N.Y., on August 7, 2017. THE CANADIAN PRESS/AP, Charles Krupa

Supreme Court to rule on migrant detainees’ rights to challenge incarceration

The case centres on a Pakistani man, Tusif Ur Rehman Chhina

The Supreme Court is to rule today on whether immigration detainees have the right to challenge their detentions in person before judges.

Migrants who do not hold Canadian citizenship can now only challenge their detentions through an immigration tribunal, whose decisions are subject to only limited judicial review.

The case centres on a Pakistani man, Tusif Ur Rehman Chhina, who was granted refugee protection in Canada in 2006, but was later detained after authorities learned he had a criminal record.

He failed in 12 attempts to the Immigration and Review Board to be released and was eventually deported to Pakistan, but his lawyers have continued to pursue the case.

The federal government argued that extending the right to direct hearings before judges to migrant detainees would create uncertainty in the legal processes involving these decisions.

The Justice Department has argued that the current system offers a comprehensive and expert process by an independent, quasi-judicial board that provides a meaningful review.

READ MORE: Refugee changes will hurt women asylum seekers, women’s organizations say

READ MORE: Canada’s asylum system unable to respond to spikes in claims, auditor finds

The Canadian Press


Like us on Facebook and follow us on Twitter.

Just Posted

Two Nuxalk artists awarded YVR Art Foundation scholarships

Several Nuxalk artists have won the award, some more than once

Convicted animal abuser to return to B.C. court May 21

Catherine Jessica Adams is facing a breach of probation charge

Concerns over democracy as Senate committee votes to nix oil tanker ban

Critics of the Senate’s recommendation to kill Bill C-48 say it goes against popular will

Open casting call issued for Trevor Mack’s first feature-length film

All Indigenous actors, preferably local Chilcotin people, are needed for Portraits From A Fire’s cast

New ferry to B.C.’s central coast sets sail, a year late and $20M over budget

Northern Sea Wolf will cost $76 million when it hits the waters in June

Killer of Calgary mother, daughter gets no parole for 50 years

A jury found Edward Downey guilty last year in the deaths of Sara Baillie, 34, and five-year-old Taliyah Marsman

Raptors beat Bucks 120-102 to even series at 2-2

Lowry pours in 25 as Toronto moves within two games of NBA Finals

Body of missing snowmobiler recovered from Great Slave Lake

Police confirm the body is that of one of three missing snowmobilers

Toddler seriously injured after falling from Okanagan balcony

RCMP are investigating after a two-year-old boy fell from the balcony of an apartment in Kelowna

Cost jumps 35% for Trans-Canada Highway widening in B.C.

Revelstoke-area stretch first awarded under new union deal

Is vegan food a human right? Ontario firefighter battling B.C. blaze argues it is

Adam Knauff says he had to go hungry some days because there was no vegan food

Winds helping in battle against fire threatening northern Alberta town

Nearly 5,000 people have cleared out of High Level and nearby First Nation

B.C. sends 267 firefighters to help battle Alberta wildfires

Out of control fires have forced evacuations in the province

Most Read