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ARTICLE · 23 JUNE 2011

A.M.R.I. v K.E.R.

WeirFoulds LLP
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In this decision, the Ontario Court of Appeal elaborated on its brief reasons, provided April 18, 2011, setting aside an order to return a child to her mother in Mexico pursuant to the "Convention on the Civil Aspects of International Child Abduction" (the "Hague Convention").

CanadaGovernment, Public Sector
Jessica Eisen
Jessica Eisen
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2011 ON CA 417 (Released June 2, 2011)

Refugee – Hague Convention – Procedural Fairness – Paramountcy

In this decision, the Ontario Court of Appeal elaborated on its brief reasons, provided April 18, 2011, setting aside an order to return a child to her mother in Mexico pursuant to the Convention on the Civil Aspects of International Child Abduction (the "Hague Convention"). The order had been issued even though that child had already been granted refugee status as a result of abuse by her mother. In this decision, the Court provided its reasons on a constitutional paramountcy challenge and held that the child should have benefitted from heightened procedural protections pursuant to s. 7 of the Canadian Charter of Rights and Freedoms (the "Charter").

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