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curried_haskell | 9 years ago

Um, no. The Canadian Charter of Rights and Freedoms specifically grants rights to everyone and not just Canadian citizens. Except in a few cases like mobility rights where the right is specifically restricted to citizens.

A non citizen can be refused entry but they absolutely have a right to not be arbitrarily detained.

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refurb|9 years ago

Sadly, that's not true. Read this paper titled "How the Charter Has Failed Non‐Citizens in Canada – Reviewing Thirty Years of Supreme Court of Canada Jurisprudence".

[1]http://www.fondationtrudeau.ca/sites/default/files/u5/articl...

curried_haskell|9 years ago

Most of these are about deportation and immigration, where it's clear that non-citizens do not have a right to remain in Canada and are trying to use other sections of the charter to say, for example, that deportation would deprive them of section 7 rights. Of course many of these types of claims will fail.

But I'm not seeing where "non citizens have no rights" or the court says that whole sections cannot be applied to non-citizens and the word everyone doesn't mean what we think. In fact I'm seeing some rulings where the court acknowledged for example that equality rights do apply to non citizens.

I am seeing a case where they allowed someone to be detained, but it seems they found a way to decide that the restriction was reasonable and therefore constitutional, but they didn't decide that non-citizens cannot benefit from this right.