Category: Citizenship and Immigration

Feher v Canada: Strike Three Against the “Safe Country” List in Canada’s Refugee Law

Until late March 2019, when Justice Keith Boswell struck down s.112(2)(b.1) of the Immigration and Refugee Protection Act, SC 2001, c 27 [IRPA], refugee claimants from certain “designated” countries were required...

Minister of Public Safety and Emergency Preparedness v Chhina: Can Immigration Detainees Access the Writ of Habeas Corpus?

With the high-profile coverage of Ebrahim Toure and Kashif Ali, issues surrounding immigration detention has received increased scrutiny from public and legal communities alike. In a few weeks, the Supreme...

Protracted Immigration Detention and Compressed Proceedings: Habeas Corpus and Charter Claims in Brown v Canada (Public Safety)

In Brown v Canada (Public Safety), 2018 ONCA 14 [Brown], the Ontario Court of Appeal (“ONCA”) found that Alvin Brown’s rights not to be arbitrarily imprisoned or subjected to cruel and...