Summary

Keywords

Charter of Rights and Freedoms — Mobility rights — Right to life, liberty and security of person — Fundamental justice — What is the proper legal test for positive rights claim under s. 7 of the Charter — Does Canada's refusal to seek repatriation constitute a causal link to the egregious breaches of applicants’ human rights by non-state actors in North East Syria — What is the scope of the s. 6(1) Charter right to enter Canada and in what special circumstances will Canada have a positive obligation to act?

Summary

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Four Canadian men imprisoned by the Syrian Democratic Forces, the military wing of the Autonomous Administration of North and East Syria, requested the Government of Canada’s assistance in their repatriation. The Minister of Public Safety and Emergency Preparedness determined that they do meet the criteria for providing extraordinary measures set out in a Policy Framework to Evaluate the Provision of Extraordinary Measures to Assist Canadian Citizens detained in North-Eastern Syria. The men applied for Charter relief, mandamus, judicial review and habeas corpus. The Federal Court held that the Government of Canada had breached s. 6(1) of the Charter, granted the application and issued declarations. The Federal Court of Appeal allowed an appeal, set aside the Federal Court’s judgment and dismissed the application.

Lower Court Rulings