The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference


Jared Will


In 2019, the Supreme Court of Canada released its judgment in Canada (Public Safety and Emergency Preparedness) v. Chhina. The case raised a rather simple question: Can a non-citizen detained by the Canadian state under the Immigration and Refugee Protection Act challenge the legality of his or her detention before a superior court by way of habeas corpus? While some thought that the answer had to be “yes”, and the government unsurprisingly argued that it is always “no”, the Court’s somewhat less than emphatic response was a resounding “perhaps occasionally”.

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