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ARTICLE · 24 AUGUST 2018

Court Of Appeal Summaries (August 13 – 17)

Blaney McMurtry LLP
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In Toure v Canada (Public Safety & Emergency Preparedness), the Court of Appeal dismissed an appeal and allowed a cross-appeal from a decision that denied the appellant/applicant – who was a detainee

CanadaLitigation, Mediation & Arbitration
Blaney McMurtry LLP
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Good afternoon,

There were only two substantive civil decisions from the Court of Appeal this week.

In Toure v Canada (Public Safety & Emergency Preparedness), the Court of Appeal dismissed an appeal and allowed a cross-appeal from a decision that denied the appellant/applicant – who was a detainee at the Central East Correctional Centre pending his removal from Canada – his request to be released from immigration detention pursuant to the Habeas Corpus Act, but found the government to have breached the applicant's s. 12 Charter rights. As relief for this breach, the applicant was ordered transferred to the Toronto Immigration Holding Centre. The Court of Appeal found that the application judge made no errors either in law or in fact with respect to the issues around Habeas Corpus, but had made erroneous findings of fact with respect to the s.12 Charter analysis.

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