Does section 7 of the Charter apply to the conduct of a secondary immigration examination?
Canada (Federal), Canada
The following excerpt is from Yang v. Canada (Minister of Citizenship and Immigration), 1998 CanLII 8829 (FC):
In reaching this decision, Muldoon J. relied on Dehghani v. Canada (Minister of Employment and Immigration), 1993 CanLII 128 (SCC), [1993] 1 S.C.R. 1053, where it was held that section 7 of the Charter did not apply to the conduct of a secondary immigration examination because it was merely an information-gathering process, and did not determine the rights of individuals: this would occur at the inquiry into the applicant's removal, where he would be heard with counsel.
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