What is the test for a Minister of Employment and Immigration to enforce a deportation order against an alleged torture victim?

Ontario, Canada


The following excerpt is from Suresh v. Canada, 1998 CanLII 14748 (ON SC):

I have already concluded that factually the applicant’s case meets this test and more. The legal issues sought to be raised are based on s. 7 of the Charter guaranteeing everyone the right not to be deprived of life, liberty and security of the person except in accordance with the principles of fundamental justice. This section is engaged when a person is to be removed to a state where these values are threatened: Singh v. Canada (Minister of Employment and Immigration) (1985), 1985 CanLII 65 (SCC), 14 C.R.R. 13, 58 N.R. 1 (S.C.C.); Nguyen v. Canada (Minister of Employment and Immigration) (1993), 1993 CanLII 2926 (FCA), 14 C.R.R. (2d) 146, 18 Imm. L.R. (2d) 165 (F.C.A.), In the latter case the court said, in obiter, at p. 155 C.R.R., pp. 175-76 Imm. L.R.: It would be my opinion, however, that the minister would act in direct violation of the Charter, if he purported to execute a deportation order by forcing the individual concerned back to a country where, on the evidence, torture and possibly death will be inflicted. It would be, it seems to me, a participation in a cruel and unusual treatment within the meaning of s. 12 of the Charter, or at the very least an outrage to public standards of decency, in violation of the principles of fundamental justice under s. 7 of the Charter. There are means to enjoin the minister not to commit an act in violation of the Charter.

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