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.
