Section 3(f) of Canada’s Immigration and Refugee Protection Act states that Canadian immigration law is to be construed and applied in a manner which complies with international human rights instruments to which Canada is a signatory. In de Guzman v. Canada (Minister of Citizenship and Immigration), the Federal Court of Appeal articulated the following principles for what this means: While previously international conventions to which Canada was party to did not give rise to rights and duties enforceable in Canadian courts, this is no longer the case. The values reflected in international human rights law […]

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Section 7 of the Canadian Charter of Rights and Freedoms (the “Charter“) provides that: Everyone has 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. There have been several Supreme Court of Canada (the “Supreme Court“) and Federal Court of Appeal decisions involving s. 7 of the Charter and Canadian immigration law.

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