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Revisiting The Application Of Section 7 Of The Charter In Immigration And Refugee Protection, Gerald Heckman
Revisiting The Application Of Section 7 Of The Charter In Immigration And Refugee Protection, Gerald Heckman
Gerald Heckman
The Supreme Court of Canada’s current approach to the application of s. 7 of the Charter of Rights and Freedoms in the immigration and refugee protection context is inconsistent with its approach to s. 7 engagement in other legal regimes. No principled and transparent reasons have yet been offered to justify this discrepancy. Liberty is engaged in removal proceedings under IRPA because this statute effectively establishes an administrative regime to control non-citizens in large measure through the threat of their forced removal from Canada and exposes them to the possibility of detention in order to carry out this threat. Moreover, …