Immigration and refugee laws in Canada impose specific requirements on those who want to come to Canada. These requirements include a number of important safeguards.
In particular, the Minister must inform the refugee of his or her case before deciding whether to accept them or deport them.
The refugee must also be given the opportunity to challenge information provided by the Minister. He or she must also be allowed to present evidence that demonstrates that their continued presence in Canada will not cause any harm to the country where they seek to resettle.
This includes evidence that they will not be a threat to Canada, such as being a member of a terrorist organization or a risk of torture on return to their home country.
The Criminal Code of Canada includes a provision against torture. Under the Code, an official who commits an act of torture is guilty of an indictable offense. A person acting at the official’s request or direction is also guilty of an indictable offense.
Under the Code, a person is liable for a term of imprisonment of not more than fourteen years. Torture offenses include specific acts of torture, as well as attempts, conspiracies, and counseling.
Canada has never deported a person to a country where there is a high risk of torture. Under international law, Canada is required to comply with the right against torture. However, in some cases, this right is not respected.
Refusal of deportation to face torture
In the Mahjoub v. Canada decision, the Supreme Court of Canada did not decide on the constitutional question of deportation to torture but stated that such deportation is fundamentally unacceptable and violates fundamental justice. Under section 1 of the Charter, deportation to torture cannot be justified.
While this principle is generally interpreted to apply to all countries, the domestic laws of Canada do contain some exceptions.
For example, the country has deported non-citizens who are considered a risk to Canada’s security. While these exceptions are limited, their existence in practice reflects the laxity of the non-refoulement principle in Canada.
For all these circumstances, you can contact a Canadian immigration lawyer and get things done further.
Parliament’s task is to establish criteria and procedures governing deportation
Deportation is a legal process wherein aliens are formally removed from their country of origin. The process may either be carried out by the state or by international law commissions. Article 12(5) of the Charter prohibits the mass expulsion of foreign nationals for racial, ethnic, or religious reasons.
This population helps counteract aging demographics and fuels economic growth in the country. However, many countries are reducing or limiting immigration programs, especially those for temporary workers and refugees.
Court’s task is to determine whether Minister has exercised her decision-making power within the constraints of Parliament’s legislation and the Constitution
The separation of powers ensures independence for the judiciary, but the judiciary cannot be totally independent. It is dependent on the legislature and other powers for resources and legal framework. As a result, it is important for the judiciary to demonstrate accountability to society and the other powers of the state.
The Court’s role is to determine whether the Minister has exercised her decision-making power in line with the constraints of the Constitution and Parliament’s legislation. In this regard, the Court must exercise its powers in an open and transparent manner, as is required by the European Convention on Human Rights.
This gave preference to immigrants who were working-age and French and English-speaking. The Immigration Act of 1976, which replaced the previous one, was built around three pillars of admission.
These included education, employment, and language abilities. In addition, refugee status was added to the program.