Case Law

paragraph 112(2) (b.1) of the Immigration and Refugee Protection Act, SC 2001, c 27, is declared to be inconsistent with subsection 15(1) of the Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11, insofar as it concerns nationals of countries designated pursuant to section 109.1(1) of the Immigration and Refugee Protection Act; and the following words - “or, in the case of a person who is a national of a country that is designated under subsection 109.1(1), less than 36 months,” - in paragraph 112(2) (b.1) shall have no force or effect with respect to such nationals;

20 March 2019 | Judicial Body: Canada: Federal Court | Topic(s): Constitutional law - Equality before the law - Safe country of origin | Countries: Canada - Hungary

15 July 2014 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Access to procedures - Equality before the law - Legal representation / Legal aid - Rule of law / Due process / Procedural fairness | Countries: United Kingdom of Great Britain and Northern Ireland

8 February 2012 | Judicial Body: Colombia: Corte Constitucional | Topic(s): Demobilization / Disarmament - Equality before the law - Property restitution | Countries: Colombia

8 February 2012 | Judicial Body: Colombia: Corte Constitucional | Topic(s): Demobilization / Disarmament - Equality before the law - Property restitution | Countries: Colombia

15 June 2010 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Criminal justice - Equality before the law - Freedom from torture, inhuman and degrading treatment - Prison or detention conditions - Public health | Countries: Armenia

Ninety-eighth session of the Human Rights Committee (8–26 March 2010)

30 April 2010 | Judicial Body: UN Human Rights Committee (HRC) | Topic(s): Equality before the law | Countries: Portugal

Ninety-seventh session of the Human Rights Committee (12-30 November 2009).

26 November 2009 | Judicial Body: UN Human Rights Committee (HRC) | Topic(s): Equality before the law - Exhaustion of domestic remedies - Jurisdiction

Ninety-seventh session of the Human Rights Committee (12-30 November 2009).

23 November 2009 | Judicial Body: UN Human Rights Committee (HRC) | Topic(s): Criminal justice - Equality before the law - Gender discrimination - Independence of judiciary - Right to justice | Countries: Russian Federation

6 August 2009 | Judicial Body: Inter-American Commission on Human Rights (IACHR) | Topic(s): Deportation / Forcible return - Equal opportunities - Equality before the law - Housing, land and property rights (HLP) - Residence permits / Residency - Right to a nationality - Right to liberty and security | Countries: Ecuador