The Supreme Court of Canada is seen in Ottawa on Thursday, Oct. 11, 2018.THE CANADIAN PRESS/Justin Tang

Supreme Court hears case on migrant detainees’ rights to challenge incarceration

Currently, migrants who do not hold Canadian citizenship can only challenge detention through an immigration tribunal or a judicial review.

A man from Pakistan wants Canadian law to give migrants being held in detention the ability to challenge their imprisonment in front of a judge.

The Supreme Court of Canada heard arguments Wednesday on a case asking for immigration detainees to be given access to “habeas corpus”— a legal provision allowing anyone being held in custody the right to challenge their detention before a judge.

Currently, migrants who do not hold Canadian citizenship can only challenge detention through an immigration tribunal or a judicial review.

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

The Immigration and Review Board held 12 reviews of his detention and each time ordered that he remain incarcerated. He has since been deported back to Pakistan, but his lawyers have continued to pursue the case.

A long list of interveners have also signed on, including Amnesty International, the Canadian Council for Refugees, the Canadian and B.C. Civil Liberties Associations, the Canadian Prison Law Association and Community and Legal Aid Services Programme.

They argue migrant detainees do not always receive a fair hearing by these methods, and sometimes end up incarcerated indefinitely.

“The onus is on the detainee to actually prove why they should be released,” said Swathi Sekhar of End Immigration Detention Network, another intervener in the case.

“On the other hand, in a habeus corpus application, the government is forced to justify legally and substantively why that person is in prison. This is a really critical difference for anyone who is trying to challenge their detention.”

The federal government argues that the current system involves “a complete, comprehensive and expert process” with an independent quasi-judicial board that provides “prompt, regular and meaningful review of detention, based on clearly articulated grounds.”

Extending habeas corpus to migrant detainees would create uncertainty in the legal processes involving these decisions, the government argues in its factum.

A small group of advocates turned up on the steps of the Supreme Court building in Ottawa on Wednesday, braving sub-zero temperatures to express their concerns about how the current system treats migrant detainees.

“The global context for migration is changing and Canada is a safe haven for a lot of people who are fleeing the terrible things that are happening in their countries and people are going to be detained,” Sekhar said.

“Its important that we don’t let the government just do that arbitrarily, that we put in a safeguard that isn’t present in the system right now.”

Brandishing signs with slogans like, “Build communities not cages,” others expressed their fundamental disagreement over the very practice of incarcerating migrants.

“I think it’s absolutely deplorable, I don’t think anybody should be detained,” said Andrew Peters of No One is Illegal Toronto.

“We should have status for all — anybody in this country.”

The court will deliver its decision at a later date.

Related: U.S. border separations ripple through midterm campaigns

Related: Canada to increase annual immigration admissions to 350,000 by 2021

Teresa Wright, The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

STARS launches 26th annual lottery worth over $4.5 million

Lottery raises money for eight new helicopters to serve Western Canada

Snowfall adds some delay to morning commute

The QE2 and area road conditions in central Alberta were partly snow covered

Legendary artist Amos Garrett heads to the City next month

Central Music Festival Society presents Garrett and Julian Kerr Feb. 9th at the Elks Lodge

City council wraps up operational budget talks with a 2.15% municipal tax hike

Budget talks completed after eight days of deliberations

Trudeau says politicians shouldn’t prey on Canadians’ fears

The Prime Minister was speaking at a townhall in Ontario

Netflix rejects request to remove Lac-Megantic images from ‘Bird Box’

At least two shows on Netflix’s Canadian platform briefly use actual footage of the 2013 tragedy

Three Ponoka men and one youth charged in assault case

Police obtained a search warrant and located drugs and sawed-off shot gun

Teen vaping is an epidemic: US government

E-cigarettes are now the top high-risk substance used by teenagers, outpacing cigarettes, alcohol, marijuana

‘I never said there was no collusion,’ Trump lawyer says

President Donald Trump’s lawyer Rudy Giuliani says he has ‘never said there was no collusion’

Body of Canadian miner found after African kidnapping

Kirk Woodman’s body was discovered 100 kilometres from the site where he worked for Progress Mineral Mining Company in Burkina Faso

Study finds more than half of food produced in Canada wasted

The study released Thursday is the world’s first to measure food waste using data from industry and other sources instead of estimates

Snowed-in Austrian nuns insist they’re staying put

Authorities have deployed heavy equipment to clear snow and fallen trees blocking the road to the monastery

New market opens in downtown Ponoka

Makkinga Market had a soft opening showcasing many of the different foods in store

Most Read