generalspeaking

Canadian Haven

"The onus is on the detainee to actually prove why they should be released."
"On the other hand, in a habeas 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."
Swathi Sekhar, End Immigration Detention Network

"[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."
Canadian government position

Canadian law, according to a man from Pakistan, should give migrants held in detention the opportunity to challenge their imprisonment before a justice of the court. This is a case referred to the Supreme Court of Canada which agreed to hear arguments on the case for immigration detainees to be given access to "habeas corpus"; a legal provision which allows anyone held in custody the right to challenge their detention before a judge.

This, to accommodate migrants when Canadian courts are already backlogged with cases requiring attention. At the present time, migrants without Canadian citizenship may challenge detention only through an immigration tribunal, or a judicial review. This initiative was brought by Tusif Ur Rehman Chhna, a Pakistani who felt he should be offered refugee protection in Canada back in 2006, but who was detained once authorities discovered his criminal record.

So, a man with a criminal record feels he has the authority through what he might construe as humanitarian grounds to call the attention of the Supreme Court of Canada to a procedure to benefit migrants, further locking up courts in processes to complicate the already busy court system that has habituated itself to trials years into the future, at times feeling constrained to dismiss cases citing a too-lengthy period to come to trial.

The Immigration and Review Board held no fewer than a dozen reviews of this man's detention, each time ordering him to remain incarcerated. He has been deported back to Pakistan; however his lawyers have taken up his pursuit of improving Canadian justice on behalf of migrants. There has been no lack of interveners signing on to the appeal including Amnesty International, the Canadian Council for Refugees, the Canadian and B.C. Civil Liberties Association, the Canadian Prison Law Association and Community and Legal Aid Services Programme.

All arguing that migrant detainees fail too frequently to benefit from a fair hearing by the current methodology, occasionally ending up in indefinite incarceration, like the poor man from Pakistan with his criminal record who felt his permanent presence in Canada would be of huge benefit to the country. The government's argument is that in extending habeas corpus to migrants detainees would result in uncertainty in the legal processes involving decisions made in the process.

With signs reading "Build communities not cages" a small group of advocates mingled on the steps of the Supreme Court building despite sub-zero weather expressing their concerns about the current system treating migrant detainees unfairly. "I think it's absolutely deplorable, I don't think anybody should be detained", according to Andrew Peters of No One is Illegal Toronto. Obviously open borders with no discriminating choices for the benefit of Canada is their choice.

Tarek Fatah would have a lot to say about the benefits to Canada of permitting more Pakistani Muslims to grace the country.

Labels: Canada, Criminals, Habeas Corpus, Pakistan, Refugees

posted by Pieface @ Tuesday, November 20, 2018