Martin Anderson

The court considers a motion by the Attorney General of Canada for a further extension of the suspension of a declaration of invalidity regarding certain provisions of the Citizenship Act, previously found unconstitutional.

The court reviews the history of prior extensions, the respondent’s reliance on Parliament’s prorogation, and the adequacy of interim measures for rights-holders.

Finding the respondent’s evidence on expanded interim measures insufficient, the court grants a short extension and directs the respondent to file further evidence and argument, with a return date set for April 11, 2025.

The appellant, a Jamaican citizen and former permanent resident of Canada, was detained for five years by the Canada Border Services Agency pending removal to Jamaica following a removal order based on serious criminality.

The appellant brought a habeas corpus application and sought Charter damages under sections 7, 9, and 12 of the Canadian Charter of Rights and Freedoms, alleging that his detention was arbitrary, indefinite, and constituted cruel and unusual treatment.

The application judge dismissed the Charter damages claim.

On appeal, the Court of Appeal upheld the dismissal, finding no breach of the Charter rights and clarifying that Charter damages claims cannot be joined to habeas corpus applications.

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.