habeas corpus

Dorsey: To Judicially Review or not to Judicially Review, That is the Question

In Dorsey v Canada (Attorney General), the Supreme Court of Canada marks not only an important victory for inmates in federal correctional facilities but also a step forward in the application of access to justice arguments in administrative law. As the decision underscores, Dorsey will play an important role in shaping both habeas corpus case law and assessing the degree of access to justice in complex administrative regimes.

Canada v Chhina: Should Habeas Corpus be Available to Immigration Detainees?

Minister of Public Safety and Emergency Preparedness v Chhina: Can Immigration Detainees Access the Writ of Habeas Corpus?

With the high-profile coverage of Ebrahim Toure and Kashif Ali, issues surrounding immigration detention has received increased scrutiny from public and legal communities alike. In a few weeks, the Supreme Court of Canada (“SCC”) will hear the case of Tusif Ur Rehman Chhina, a man who was held in an Albertan immigration detention facility for […]

Protracted Immigration Detention and Compressed Proceedings: Habeas Corpus and Charter Claims in Brown v Canada (Public Safety)

In Brown v Canada (Public Safety), 2018 ONCA 14 [Brown], the Ontario Court of Appeal (“ONCA”) found that Alvin Brown’s rights not to be arbitrarily imprisoned or subjected to cruel and unusual punishment were not breached—despite the fact that he had been detained for five years awaiting immigration removal, and the existence of international guidelines against […]