Jared Will

The defendant, the Attorney General of Canada, brought a motion to strike portions of the plaintiff's statement of claim.

The plaintiff sued for torts and Charter breaches arising from his seven-year immigration detention.

The court struck the claims against the Adjudicators of the Immigration Division, finding they were barred by statutory and common law immunity.

However, the court declined to strike the claims of malicious prosecution against the CBSA for the plaintiff's detention in Canada, the claim for intentional infliction of emotional harm, and the section 15 Charter claim, finding it was not plain and obvious that these novel claims would fail.

The applicant, a foreign national subject to a removal order, applied for habeas corpus after being detained in a maximum security provincial jail for over four years pending removal.

The court found that while the length of detention was exceptional, its duration was not uncertain because the applicant's recent cooperation provided a reasonable prospect for removal, thus not violating sections 7 and 9 of the Charter.

However, the court held that detaining the applicant in a maximum security facility with frequent lockdowns, rather than an immigration holding centre, was grossly disproportionate to his flight risk and constituted cruel and unusual treatment under section 12 of the Charter.

The court ordered his immediate transfer to an immigration holding centre.

The applicant brought a habeas corpus application seeking release from a five-year immigration detention pending deportation, along with a claim for Charter damages under s. 24(1) for alleged violations of his ss. 7, 9, 10, and 12 rights.

During the hearing, the applicant was deported to Jamaica, rendering the habeas corpus application moot.

The court proceeded to hear the Charter damages claim, finding it had jurisdiction to do so without requiring bifurcated proceedings.

Ultimately, the court dismissed the Charter claims, concluding that the lengthy detention was lawful, subject to regular review, and not grossly disproportionate or cruel and unusual, as the delay was primarily caused by Jamaican authorities' failure to issue a travel document.