Simon Says

On November 14, 2018, Simon Borys intervened, on behalf of the Canadian Prison Law Association, in the case of Minister of Public Safety and Emergency Preparedness, et al v Tusif Ur Rehman Chhina.

Mr. Chhina was in immigration detention pending deportation for 10 months. He sought a writ of habeas corpus on the basis of his lengthy and indeterminate detention. The Court of Queen’s Bench of Alberta declined to exercise its jurisdiction to hear the application, but Mr. Chhina successfully appealled this decision to the Alberta Court of Appeal. The Attorney General then appealed the matter to the Supreme Court of Canada.

The CPLA’s submissions focused on the proper scope of habeas corpus. They emphasized the need for habeas corpus to not be unduly restricted given the important liberty interests it protects.

To read the full intervener’s factum, see: https://www.scc-csc.ca/case-dossier/info/af-ma-eng.aspx?cas=37770.

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