Mr. Suresh and the Evil Twin

Authors

  • Audrey Macklin University of Toronto

DOI:

https://doi.org/10.25071/1920-7336.21269

Keywords:

Suresh, Ahani, Canada, law, refugees, human rights, national security, refoulement, terrorism

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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Published

2002-08-01

How to Cite

Macklin, A. (2002). Mr. Suresh and the Evil Twin. Refuge: Canada’s Journal on Refugees, 20(4), 15–22. https://doi.org/10.25071/1920-7336.21269

Issue

Vol. 20 No. 4 (2002): Securing Refugee Protection in a Cold Climate

Section

Feature Articles

License

Copyright (c) 2002 Audrey Macklin

Creative Commons License

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.

Refuge authors retain the copyright over their work, and license it to the general public under the Creative Commons Attribution-Non Commercial License International (CC BY-NC 4.0). This license allows for non-commercial use, reproduction and adaption of the material in any medium or format, with proper attribution. For general information on Creative Commons licences, visit the Creative Commons site. For the CC BY-NC 4.0 license, review the human readable summary.