Supreme Court hears case on migrant detainees’ rights to challenge incarceration
OTTAWA — A man from Pakistan wants Canadian law to give migrants being held in detention the ability to challenge their imprisonment in front of a judge.
The Supreme Court of Canada heard arguments Wednesday on a case asking for immigration detainees to be given access to “habeas corpus”— a legal provision allowing anyone being held in custody the right to challenge their detention before a judge.
Currently, migrants who do not hold Canadian citizenship can only challenge detention through an immigration tribunal or a judicial review.
The case was brought by Tusif Ur Rehman Chhina, a Pakistani man who sought refugee protection in Canada in 2006, but was later detained after authorities learned he had a criminal record.