Case information

Charter of Rights and Freedoms – Arbitrary detention – Principles of Fundamental Justice – Right to liberty – Cruel and unusual punishment – Damages – Due Process – Prerogative writs – Habeas corpus – Civil procedure – Whether immigration detention in maximum security for five years pending removal from Canada violated ss. 7, 9 or 12 of the Charter – Whether a Charter claim for damages can be joined with a habeas corpus application?

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Mr. Brown, a permanent resident, was convicted of criminal offences. His permanent residency status was revoked for serious criminality and a removal order was issued. He was placed in immigration detention on September 8, 2011 and thereafter was held in maximum security. His detention was renewed every 30 days by the Immigration Division of the Immigration and Refugee Board. In July 2016, Mr. Brown filed a habeas corpus application jointly with an application seeking $1500 in damages per day of detention for breaches of ss. 7, 9 and 12 of the the Charter of Rights and Freedoms. He was deported to Jamaica on September 7, 2016, before a decision was made on the applications. The applications judge declared the habeas corpus application moot, found that delay in removal was largely caused by Jamaican authorities, and dismissed the Charter application. The Court of Appeal dismissed an appeal.