May 10, 2019 – Today the Supreme Court of Canada upheld the right to habeas corpus for migrants, a recognition that will have a profound impact on people whose detention under the Immigration and Refugee Protection Act is lengthy and of an uncertain duration. In Chhina v. Canada, the majority of the Court undid years of uncertainty around the availability of the ancient right of habeas corpus immigration detainees. This is a welcome change as it expands the legal methods people may use to challenge their detention.
Frances Mahon was proud to represent the British Columbia Civil Liberties Association in this important case, arguing for broad recognition of habeas corpus and the right to liberty for all people in prison. Read the BCCLA’s factum here, and watch Frances’ oral argument for the Court here.
A core part of Mahon & Company’s practice is representing interveners and applicants in important constitutional cases. Read more about our work in Charter and public interest litigation here.