Canada: Court of Appeal Issues Important Decision to Challenge Detention

The Ontario Court of Appeal has rendered an important decision on the issue of the jurisdiction of provincial courts to hear habeas corpus applications from people in immigration detention.

Habeas corpus is an important legal recourse for people who are detained, but it has been mostly closed to people in immigration detention in Canada, as courts have said that they should bring their case to the Immigration and Refugee Board and Federal Court.

This decision opens the door wider to challenging detention in provincial courts (which are significantly better at protecting detainees’ right to liberty).

You can find the decision here: http://ccrweb.ca/sites/ccrweb.ca/files/2015onca0700.pdf

Find out more about the movement to limit the use of immigration detention: http://endimmigrationdetention.com/
Petition to end immigration detention in Canada: https://www.change.org/p/harper-end-indefinite-immigration-detention