CITIZENSHIP AND IMMIGRATION

 

Exclusion and Removal

 

Inadmissible Persons

 

Security Certificate

 

Security certificate issued against Jaballah found to be reasonable pursuant to Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 80(1)—Whether possible to remove Jaballah to place where facing torture—Suresh v. Canada (Minister of Citizenship and Immigration), [2002] 1 S.C.R. 3 discussed—General principle in Suresh that deportation to torture infringing individual’s rights, infringement of these rights possible only in exceptional cases and only if justified under Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 1—Facts in present case not creating exceptional circumstance warranting Jaballah’s deportation to place where facing torture—Such limitation consistent with Suresh, Canada’s international obligations, Canadian case law re: extradition to jurisdiction where death penalty still imposed, Canadian values reflected in Criminal Code, R.S.C., 1985, c. C-46, and Charter.

 

Jaballah (Re) (DES-04-01, 2006 FC 1230, MacKay D.J., order dated 16/10/06, 57 pp.)