The law re refugees
Andrew Scheer and Doug Ford should read this decision of the Supreme Court of Canada. It’s the law of Canada.
“ Per Dickson C.J. and Lamer and Wilson JJ.: Appellants, in the determination of their claims, are entitled to assert the protection of s. 7 of the Charter which guarantees "everyone ... the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice". The term "everyone" in s. 7 includes every person physically present in Canada and by virtue of such presence amenable to Canadian law. The phrase "security of the person" encompasses freedom from the threat of physical punishment or suffering as well as freedom from such punishment itself. A Convention refugee has the right under s. 55 of the Immigration Act, 1976 not to "... be removed from Canada to a country where his life or freedom would be threatened ...". The denial of such a right amounts to a deprivation of "security of the person" within the meaning of s. 7 . Although appellants are not entitled at this stage to assert rights as Convention refugees, having regard to the potential consequences for them of a denial of that status if they are in fact persons with a "well‑founded fear of persecution", they are entitled to fundamental justice in the adjudication of their status......At a minimum, the procedural scheme set up by the Act should provide the refugee claimant with an adequate opportunity to state his case and to know the case he has to meet”
When populism meets the rule of law, thank goodness the rule of law prevails .
No comments:
Post a Comment