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

7th annual Invermere Music Fest

A snapshot of the festival

Elk River reclaims property as its own

Laws make it harder to protect private land than ever before says farmer, local government

Need cash to splash

Radium Sunrise Rotary Club wants to build a splash park in Radium Hot Springs

Kootenay National Park about to turn 100

Ninety-nine years of publicly-accessible wilderness

Kootenay Conservation Program develops online conservation tool

Online toolkit for Kootenay-based services and programs

VIDEO: Ride to Conquer Cancer rolls into Hope

Thousands of cyclist descend on small town for annual cancer fundraiser

VIDEO: Ride to Conquer Cancer rolls into Hope

Thousands of cyclist descend on small town for annual cancer fundraiser

B.C. VIEWS: Pipelines set to roll as federal politicians posture

Projects to drive B.C., Canadian economy in years ahead

B.C. Lions fall to 1-9 after 13-10 loss to Ticats

Lowly Leos have dropped six straight CFL contests

VIDEO: B.C. woman meets biological mother, 38 years later

Mother never gave up hope of finding daughter, despite all the obstacles

B.C. man who died after rescuing swimmer was known for helping others

Shaun Nugent described as a dad, a coach, a hero and ‘stand-up guy’ at celebration of life

B.C. RCMP plane chases fleeing helicopter as part of major cross-border drug bust

The helicopter eventually landed at a rural property near Chilliwack

Thousands cycle to conquer cancer

The 11th annual Ride to Conquer Cancer took place Saturday morning, Aug. 24 in Surrey, B.C.

PHOTOS: Brazil military begins operations to fight Amazon fires

Amazon fires have become a global issue, escalating tensions between Brazil and European countries

Most Read