Molly Joeck and Erica Olmstead are lawyers with Edelmann & Co. They, along with Peter Edelmann, acted for the Canadian Council for Refugees as interveners before the Supreme Court of Canada in Canada (Public Safety and Emergency Preparedness) v. Chhina. In Chhina the issue before the Supreme Court was whether immigrant detainees have access to habeas corpus. We discuss Chhina, how immigration detention works in Canada, habeas corpus and issues going forward. 2:20 – Why would someone be detained in Canada for immigration reasons? 3:50 – In the federal detention review system who decides if an immigrant should be detained? What is the Immigration Division? 4:30 – How often would an immigrant who is detained have their detention reviewed? 5:30 – What are some issues arising with long term detention? 12:20 – Is there a difference in the issues that arise in long term detention in Ontario as opposed to British Columbia? 18:00 – Is an immigrant refusing to assist with removal by not getting a passport grounds for detention? 24:30 – What is habeas corpus? 27:30 – Why would someone in immigration detention want access to habeas corpus? 30:30 – Why is habeas corpus an alternative to federal court … Read More