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"Mr. Suresh and the Evil Twin"

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Date

2002

Authors

Macklin, Audrey

Journal Title

Journal ISSN

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Publisher

York University, Centre for Refugee Studies

Abstract

In Suresh v. Minister of Citizenship and Immigration and Ahani v. MCI, the Supreme Court of Canada declared that removing a refugee accused of terrorism to a country where he or she would face a substantial risk of torture or similar abuse would virtually always violate the individual’s rights under s. 7 of the Canadian Charter of Rights and Freedoms. While the Court deserves praise for vindicating fundamental human rights over competing claims of national security, coming so close on the heels of September 11, the victory is in certain respects more apparent than real. Given the strong endorsement of judicial deference to the exercise of Ministerial discretion in national security matters, the Court leaves the state wide scope to circumvent the spirit of the judgment while adhering to its letter.

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Citation

Audrey Macklin, "Mr. Suresh and the Evil Twin," Refuge 20.4 (2002): 15-22.