The appellant, a Convention refugee, was ordered deported after the Minister determined he constituted a danger to the security of Canada due to his involvement in terrorism.
After exhausting domestic remedies, the appellant petitioned the UN Human Rights Committee, which requested Canada stay the deportation.
When Canada refused, the appellant sought an injunction, arguing that his deportation violated section 7 of the Charter and his legitimate expectations.
The Court of Appeal dismissed the appeal, holding that unincorporated international treaties do not create binding domestic obligations and that the doctrine of legitimate expectations does not grant substantive rights to remain in Canada.
However, the Court granted a 30-day stay to permit the appellant to seek leave to appeal to the Supreme Court of Canada.
