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

Andrew Bellerby out as RDCK’s regional fire chief

Bellerby held the job since January 2016

Kootenay Co-op adopts sensory friendly shopping

The new quiet hours run Sunday evenings 7:30 to 9 p.m.

LETTER: Slash and burn eyesores

From reader Tony Holland

VIDEO: Human-sized insects and a huge peach take over Nelson’s Capitol Theatre stage

Summer youth production James and the Giant Peach runs July 25 to 27

Annual Columbia Basin Culture tour coming up Aug 10 and 11

There are locations across the region participating

VIDEO: Plant-based burgers may not be as healthy as they seem

Both the Impossible and Beyond Burger have more saturated fat than beef burgers

Olympic softball qualifier gets $150K boost from provincial government

2019 Americas Qualifier to be held in Surrey from Aug. 25-Sept. 1

Gas price inquiry questions Trans Mountain capacity, company denies collusion

The first of up to four days of oral hearings in the inquiry continue in Vancouver

‘Benzos’ and fentanyl a deadly cocktail causing a growing concern on B.C. streets

Overdoses caused by benzodiazepines can’t be reversed with opioid-overdose antidote naloxone

Will you be celebrating national hotdog day with any of these crazy flavours?

The popularity of hotdogs spans generations, cultures

Former home of accused Penticton shooter vandalized

Ex-wife of man who is accused of murdering four people had her house vandalized

Survivor of near-drowning in B.C. lake viewing life through new eyes

“If I died that day, the baby wouldn’t know his dad,” said 31-year-old Mariano Santander-Melo.

‘Beyond the call’: Teen in police custody gets birthday surprise by B.C. Mountie

Unusual celebration started when Staff Sgt. Paul Vadik went to visit the teen in his Coquitlam cell

Thunderstorms forecast across B.C.

Environment Canada has issued a thunderstorm watch for B.C.’s central Interior

Most Read