Neeta Logsetty

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.

The appellant, a Convention refugee subject to a deportation order, sought an interim stay of deportation pending his appeal of a Superior Court decision.

The Superior Court had dismissed his application for an injunction to prevent deportation until the United Nations Human Rights Committee considered his petition.

The Court of Appeal found it had jurisdiction to stay the deportation order under s. 134(2) of the Courts of Justice Act.

Applying the RJR Macdonald test, the court concluded there was a serious issue to be tried regarding whether the Charter protects the right to complete the international petition process before deportation.

The balance of convenience and irreparable harm also favoured the appellant, and the stay was granted pending an expedited appeal.