Law - Canadian Constitution Case Study

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Law - Canadian Constitution Case Study

1 . Introduction

This seeks to write a comment on decision made in the case of Suresh v Canada (Minister of Citizenship and Immigration ) S .C .R . 3 , 2002 SCC 1 by addressing given questions on what was the issue and the corresponding ruling , the impact of said decision on the subsequent case law and its possible implications in regard to kinds of activism as discussed in the case book

2 .1Questions and Answers

p 2 .1 What was the Court asked and what did it decide

The Supreme Court of Canada was asked to decide whether a refugee-appellant being deported is entitled to new hearing after the Minister of Citizenship and Immigration has notified the appellant that she was considering issuing an opinion declaring him to be a danger to the security of Canada under s . 53 (1 (b ) of the Act , and issued such an opinion on the basis of an imagination officer 's memorandum and concluded that he should be deported . The court will have to decide the appellant should still be entitled despite his having presented the Minister with written submission and documentary evidence to the Minister , but he had not been provided with a copy of the immigration officer 's memorandum , nor was he provided with an opportunity to respond to it orally or in writing

The other issue is appellant could be deported , where there are grounds to believe that this would subject the refugee to a substantial risk of torture in relation to Canadian 's Constitution particularly Charter 's s .7 guarantee of life , liberty , security of the person

In the first issue the court upheld the right of the appellant to be given a new hearing . On the second issue , the court decided appellant could not just be deported based on what has been determined by the Minister so far as it is would unconstitutionally and violate Charter 's s .7 guarantee of life , liberty , security of the person

The refugee is already an appellant in the Canadian Supreme Court after losing his case in the lower court and in the Federal Court of Appeal which upheld the lower court 's decision . Specifically he was asking the court for a judicial review on her impending deportation alleging that (1 ) the Minister 's decision was unreasonable (2 ) the procedures under the Act were unfair and (3 ) the Act infringed ss . 7 2 (b ) and 2 (d ) of the Canadian Charter of Rights and Freedom

The antecedent facts of the case provide that the appellant was actually a Convention refugee from Sri Lanka who has applied for landed immigrant status but in 1995 the Canadian government had detained him and commenced deportation proceedings on security grounds , based on the opinion of the Canadian Security Intelligence Service that he was a member and fundraiser of the Liberation Tigers of Tamil Eelam , an organization alleged to engaged in terrorist activity in Sri...