Rethinking Suresh: Refoulement to Torture Under Canada’s Charter of Rights and Freedoms

  • David Jenkins

Abstract

This article takes the European Court of Human Rights’ decision in Saadi v. Italy and uses it as an opportunity to re-examine the Canadian case of Suresh v. Canada (Minister of Citizenship and Immigration). The author argues that the national security exception in Suresh is no longer tenable in light of subsequent developments in both international and Canadian law. The author concludes that the Supreme Court of Canada should reject the Suresh exception at its first opportunity and adopt an approach to review of refoulement cases similar to that under the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the European Convention for the Protection of Human Rights and Fundamental Freedoms.
Published
2009-10-01
How to Cite
Jenkins, D. (2009). Rethinking Suresh: Refoulement to Torture Under Canada’s Charter of Rights and Freedoms. Alberta Law Review, 47(1), 125-160. https://doi.org/10.29173/alr322
Section
Articles