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

Biting and jumping are paw-sitives when raising a police dog puppy

18-week-old Maya is training with Delta police to one day take a bite out of crime

B.C. serves up $6.3 million boost to province’s respite program

The announcement, in Surrey, aims to give parents of special needs children a break

Hundial the latest councillor to split from McCallum’s Safe Surrey Coalition

Councillor says the mayor dissolving the public safety committee was the ‘final straw’ for him

Schedule released for South Surrey-hosted Americas Olympic Softball Qualifier

Canadian national women’s fastpitch team to open tournament against Cuba

OUR VIEW: Sometimes, Surrey, it’s hard not to get riled by rules

Imagine life without rules. We wouldn’t have to pay taxes, or eat our broccoli

Feds lowered poverty line, reducing the number of seniors in need: documents

Liberals introduced a poverty line that was below the prior low-income cutoff

$900M settlement reached in class action on sexual misconduct in Canadian military

After facing criticism, the government moved to begin settlement proceedings in early 2018

Tax take stays ahead of increased B.C. government spending

Tax revenue $2.1 billion higher than budget in 2018-19

Two toddler sibblings found drowned on First Nation in Alberta

The Siblings were found drowned on their family’s property, according to RCMP

Chiefs honour Indigenous leader wrongfully hanged in B.C. 154 years ago today

Chief Joe Alphonse says they want his remains returned to his homeland in B.C.’s Cariboo region

Rare white ravens spotted again on Vancouver Island

Nature photographer Mike Yip said mysterious birds back in Coombs area

B.C. government seeks advice on reviving Interior forest industry

Public website opens as meetings start with community leaders

RCMP use helicopter and police dog to search for suspect on Sts’ailes First Nation

Small reserve near Agassiz surrounded by police vehicles, helicopter, ERT

North Delta happenings: week of July 18

Events and community listings for North Delta

Most Read