Case Law

Courts — Jurisdiction — Habeas corpus — Exceptions to exercise of jurisdiction by provincial superior courts — Immigration detainee applying for habeas corpus — Superior court declining jurisdiction to hear application on basis that detention review scheme in Immigration and Refugee Protection Act is complete, comprehensive and expert statutory scheme providing for review at least as broad as that available by way of habeas corpus and no less advantageous — Whether superior court erred in declining jurisdiction — Immigration and Refugee Protection Act, S.C. 2001, c. 27.

10 May 2019 | Judicial Body: Canada: Supreme Court | Topic(s): Arbitrary arrest and detention - Habeas corpus - Right to liberty and security | Countries: Canada - Pakistan

The judgment became final on 11 May 2010.

11 February 2010 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Deportation / Forcible return - Effective remedy - Expulsion - Immigration Detention - National security / Public order - Right to family life - Right to liberty and security | Countries: Bulgaria - Pakistan

Hearing Dates: 27th, 28th & 29th July 2009.

14 August 2009 | Judicial Body: United Kingdom: Special Immigration Appeals Commission (SIAC) | Topic(s): Bail - Deportation / Forcible return - National security / Public order - Right to liberty and security - Terrorism | Countries: Pakistan - United Kingdom of Great Britain and Northern Ireland

On writ of certiorari to the United States Court of Appeals for the Second Circuit.

18 May 2009 | Judicial Body: United States Supreme Court | Topic(s): Arbitrary arrest and detention - Discrimination based on race, nationality, ethnicity - Religious discrimination - Right to liberty and security - Terrorism | Countries: Pakistan - United States of America