Rethinking Suresh: Refoulement to Torture Under Canada’s Charter of Rights and Freedoms

Authors

  • David Jenkins

DOI:

https://doi.org/10.29173/alr322

Abstract

This article takes the European Court of Human Rights’ decision in Saadi v. Italy and uses it as an opportunity to re-examine the Canadian case of Suresh v. Canada (Minister of Citizenship and Immigration). The author argues that the national security exception in Suresh is no longer tenable in light of subsequent developments in both international and Canadian law. The author concludes that the Supreme Court of Canada should reject the Suresh exception at its first opportunity and adopt an approach to review of refoulement cases similar to that under the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the European Convention for the Protection of Human Rights and Fundamental Freedoms.

Downloads

Published

2009-10-01

Issue

Vol 47, No 1

Section

Articles

License

For Editions following and including Volume 61 No. 1, the following applies.

This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License

For Editions prior to Volume 61 No. 1, the following applies.

Author(s) retain original copyright in the substantive content of the titled work, subject to the following rights that are granted indefinitely:

  1. Author(s) grant the Alberta Law Review permission to produce, publish, disseminate, and distribute the titled work in electronic format to online database services, including, but not limited to: LexisNexis, QuickLaw, HeinOnline, and EBSCO;
  2. Author(s) grant the Alberta Law Review permission to post the titled work on the Alberta Law Review website and/or related websites.
  3. Author(s) agree that the titled work may be used for educational or instructional purposes and/or in educational or instructional materials. The author(s) acknowledge that the titled work is subject to other such "fair dealing" provisions and applicable legislation.
  4. Author(s) grant a limited license to those accessing the titled work from an electronic database or an Alberta Law Review website to download the titled work onto their computer and to print a copy for their own personal, non-commercial use, subject to proper attribution.

To use the journal's content elsewhere, permission must be obtained from the author(s) and the Alberta Law Review.