Christopher Crighton

The Attorney General of Canada brought a motion under Rule 21.01(1)(b) to strike two paragraphs from the Statement of Claim which sought wide-ranging non-monetary relief under s. 24(1) of the Canadian Charter of Rights and Freedoms.

The Attorney General argued that the court lacked jurisdiction to grant such relief as it would intrude on the executive branch's powers.

The plaintiff, Ebrahim Toure, contended the motion was procedurally incorrect and that his claims for Charter relief were not plain and obvious to fail.

The court dismissed the motion to strike, finding that Rule 21.01(1)(b) applies only to "causes of action" and not to "claims for relief" or "remedies." The court also granted the Attorney General an extension of time to file a statement of defence.

The appellant sought habeas corpus relief and Charter remedies regarding his immigration detention.

The application judge dismissed the habeas corpus application but granted section 24(1) relief for a section 12 Charter breach, ordering the appellant's transfer from a maximum security provincial facility to an immigration detention centre.

On appeal, the Court of Appeal dismissed the appellant's appeal and allowed the respondent's cross-appeal, finding that the appellant failed to establish a section 12 breach and that the application judge erred in his analysis of the legal test and evidentiary foundation required for such a claim.