PLBA 1500 - Assignment 2

Prof. Jasteena Dhillon

Dame Valencia

In Canada, the Canadian Charter of Rights and Freedoms is a constitutional document

that outlines the fundamental rights and freedoms of all individuals, regardless of their

citizenship status. While the Charter generally applies to everyone in Canada, including

non-citizens, there are certain limitations and distinctions that can arise due to the specific

rights guaranteed and the legal context. The Charter’s equality rights guarantee equal

protection and benefit of the law without discrimination based on various grounds, including

national or ethnic origin. This means that non-citizens are generally entitled to equal

protection under the law and cannot be discriminated against based on their nationality or

ethnicity. Section 6 of the Charter protects the rights of every citizen of Canada to enter,

remain in, and leave Canada. While this section explicitly mentions citizens, the rights related

to mobility can have implications for non-citizens as well, particularly with respect to the

right to enter and remain in Canada. Section 7 protects the right to life, liberty, and security of

the person. Non-citizens in Canada are generally entitled to these rights, but limitations may

be imposed in accordance with the principles of fundamental justice, which could include

considerations related to immigration and deportation. Sections 8 to 14 of the Charter outline

various legal rights, including the right to be secure against unreasonable search and seizure,

the right to not be arbitrarily detained or imprisoned, and the right to a fair trial. These rights

are generally applicable to all individuals, regardless of citizenship. Canada has a Charter of

Rights and Freedoms as part of its Constitution Act, 1982. The Charter outlines the rights and

freedoms of individuals in Canada, including non-citizens. While many rights are guaranteed

to “everyone” or “every citizen”, there are certain limitations and distinctions that may apply

to non-citizens. Section 15 of the Charter guarantees equality before and under the law,
without discrimination based on various grounds, including race, national or ethnic origin,

color, religion, sex, age, or mental or physical disability. Non-citizens are generally protected

by these provisions, but there may be instances where distinctions are made based on

immigration status. Section 6 of the Charter protects the right of citizens and permanent

residents to move and work freely in Canada. Non-citizens, including temporary residents

and refugees, may not have the same mobility rights, and their ability to work or move within

the country can be restricted by immigration laws. Section 3 of the Charter protects the right

of citizens to vote and run for public office. Non-citizens are generally excluded from these

political rights.

While Sections 7 to 14 of the Charter protect various legal rights, such as the right to

life, liberty, and security of the person; protection against unreasonable search and seizure;

and the right to a fair trial. These rights are generally applicable to all individuals in Canada,

regardless of citizenship. Language rights, including the right to use English or French in

legal and government proceedings, are generally applicable to everyone in Canada, however

specific provisions may be made for linguistic minorities. In addition, Section 6 protects the

right of citizens to move and work freely within Canada. While it primarily applies to

citizens, there are provisions that allow temporary residents to move freely within the

country. It's essential to note that the interpretation and application of the Charter can evolve

through legal decisions and precedents, and there may be ongoing discussions and legal

challenges regarding the rights of non-citizens in Canada. Additionally, specific immigration

laws and policies complement the Charter and may impose additional restrictions or rights on

non-citizens in the country. Furthermore, the effectiveness of the Charter in protecting the

rights of non-citizens can depend on how its provisions are interpreted and applied by the

legal system. Court decisions and legal precedents play a crucial role in shaping the impact of

the Charter on different groups. The legal landscape and societal attitudes can evolve over
time. Amendments to laws, changes in government policies, and shifts in public opinion may

influence how the Charter is implemented and its impact on non-citizens. Comparing

Canada’s approach to international human rights protections for non-citizens with that of

other Western democracies involves considering a range of factors, including domestic laws,

international treaties, and specific policies related to immigration and human rights. Issues

related to the rights of non-citizens, including refugees and immigrants, are often subject to

ongoing debates and advocacy efforts. Legal challenges, policy discussions, and public

awareness campaigns can contribute to changes in the legal landscape. The experiences of

non-citizens can vary based on factors such as immigration status, reasons for migration, and

other intersecting identities. For example, refugees, asylum seekers, and temporary residents

may face different challenges and legal considerations. Moreover, Canada is a party to

various international human rights treaties, such as the International Covenant on Civil and

Political Rights (ICCOR) and the International Covenant on Economic Social and Cultural

Rights (ICESCR). The Charter of Rights and Freedoms, as part of the Canadian Constitution,

incorporates certain rights aligned with international human rights standards. These rights can

apply to non-citizens within Canada’s jurisdiction. The Charter may provide avenues for

non-citizens to seek protection and remedies for violation of their rights. Legal challenges

based on Charter rights can be brought before Canadian courts, influencing the interpretation

and application of international human rights norms domestically. In addition to the Charter,

there are federal and provincial human rights statutes that prohibit discrimination based on

various grounds, including race, nationality, and immigration status. These statutes provide

additional avenues for non-citizens to address human rights violations. Despite these

mechanisms, there may be challenges and gaps in the protection of non-citizens' rights. Issues

such as detention practices, access to legal representation, and the treatment of vulnerable

populations may be areas of concern where international norms are not fully realized in
practice. The implementation of international human rights norms can be influenced by

government policies and practices. Changes in immigration policies, border control measures,

and national security considerations may impact the rights of non-citizens.

In Singh v. Canada (Minister of Employment and Immigration), [1985] 1 S.C.R. 177:

This landmark case challenged the constitutionality of the Immigration Act provisions that

allowed for the deportation of refugee claimants without a full hearing. The Supreme Court

ruled that certain provisions violated the rights to life, liberty, and security of the person

under Section 7 of the Charter, emphasizing the importance of procedural fairness in

deportation cases. Charkaoui v. Canada (Citizenship and Immigration), [2007] 1 S.C.R. 350:

This case dealt with the constitutionality of security certificates used in immigration cases

involving non-citizens accused of being security threats. The Court held that the previous

regime of security certificates violated Section 7 of the Charter, emphasizing the right to a

fair hearing and the need to balance national security concerns with individual rights. Dore v.

Barreau du Québec, [2012] 1 S.C.R. 395: This case established a framework for assessing the

reasonable limits of Charter rights, particularly in the context of administrative decisions.

While not specific to non-citizens, this framework is relevant when considering the balance

between individual rights and state interests in immigration and refugee cases. In setting

cases end to end, it's important to consider the doctrinal evolution of the Court's approach.

This involves examining how the Court has interpreted and applied constitutional principles,

including the Charter, in the context of non-citizens' rights. Issues of procedural fairness,

security, and the balancing of rights and state interests are recurring themes in these cases.

Additionally, the Court's recognition of the evolving nature of constitutional and international

human rights norms is an essential aspect of understanding the doctrinal framework. The

engagement of the Court in these cases reflects the ongoing evolution of legal principles
concerning the rights of non-citizens in Canada. Canadian immigration and citizenship

policies have undergone changes over the years, and governments may implement reforms to

address various concerns, such as national security, economic considerations, and public

opinion. Tightening the boundaries of citizenship often involves distinguishing between

citizens and permanent residents. There have been instances where the Canadian government

has strengthened provisions related to citizenship revocation. This may include situations

where individuals who hold dual citizenship and are convicted of certain serious offences

may face the possibility of having their Canadian citizenship revoked. Changes in residency

requirements for citizenship applicants have been implemented. The government may

increase the time that permanent residents must spend in Canada before being eligible to

apply for citizenship. As the legal landscape evolves, ongoing dialogue and engagement with

legal professionals, human rights organizations, and relevant stakeholders contribute to a

comprehensive understanding of the challenges and potential solutions in this context.

 References

Government of Canada, D. of J. (2022, April 5). Learn about the Charter. Government

of Canada, Department of Justice, Electronic Communications.

https://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/learn-apprend.html

Government of Canada, D. of J. (2023, June 29). Section 7 – life, liberty and security of

the person. Charterpedia.

https://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/check/art7.html

Branch, L. S. (2023, November 10). Consolidated federal laws of canada, Consolidated

acts. Constitution Acts, 1867 to 1982.

https://laws-lois.justice.gc.ca/eng/const/const_index.html

Singh v. minister of employment and immigration - SCC cases. (n.d.).

https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/39/index.do

Decisions and resources - SCC cases. Decisions and Resources - SCC Cases. (n.d.).

https://scc-csc.lexum.com/

Doré C. Barreau du Québec - décisions de la CSC. (n.d.).

https://scc-csc.lexum.com/scc-csc/scc-csc/fr/item/7998/index.do