One of the most confusing aspects of reporting conditions for a non-citizen in Canada under reporting terms is the simple fact that Canada Border Services Agency and the Immigration and Refugee Board are not the same entities.
In Canada (Public Safety and Emergency Preparedness) v. Chhina, 2019 SCC 29, the Supreme Court of Canada upheld the ancient writ of habeas corpus as having direct application to non-citizens held in immigration detention — held as in held and held and held and held for lengthy, protracted periods of detention with no apparent hope of release
Canadian Courts have been systematically erasing the Harper legacy in immigration and refugee law since Harper relinquished power to Prime Minister Justin Trudeau and his crew in 2015 – and rightly so. Now we have a new rebuke of human rights law carrying the stain of political whims – an apt description of how Harper’s government carried on refugee law. Whims usually don’t lead to smart decision-making. Perhaps even less so when those whims are politically driven, and not based on reason, logic or any sense of compassion.