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

This document is subject to editorial revision before its reproduction in final form in the Canada Supreme Court Reports. On appeal from a judgment of the Federal Court of Appeal (Nadon, Evans and Sharlow JJ.A.), 2009 FCA 246.

29 January 2010 | Judicial Body: Canada: Supreme Court | Topic(s): Constitutional law - Jurisdiction - Prison or detention conditions - Right to liberty and security | Countries: Canada

On appeal from the Federal Court of Appeal.

26 June 2008 | Judicial Body: Canada: Supreme Court | Topic(s): Constitutional law - Criminal justice - Evidence (including age and language assessments / medico-legal reports) - Right to justice - Right to liberty and security - Rule of law / Due process / Procedural fairness | Countries: Canada - Morocco

En appel de la Cour d’appel fédérale.

26 June 2008 | Judicial Body: Canada: Supreme Court | Topic(s): Constitutional law - Criminal justice - Evidence (including age and language assessments / medico-legal reports) - Right to justice - Right to liberty and security - Rule of law / Due process / Procedural fairness | Countries: Canada - Morocco

Application for judicial review.

12 March 2008 | Judicial Body: Canada: Federal Court | Topic(s): Constitutional law - Internal armed conflict - International humanitarian law (IHL) / Geneva Conventions - Jurisdiction | Countries: Afghanistan - Canada

Application for judicial review.

12 March 2008 | Judicial Body: Canada: Federal Court | Topic(s): Constitutional law - Internal armed conflict - International humanitarian law (IHL) / Geneva Conventions - Jurisdiction | Countries: Afghanistan - Canada