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Suresh and Canada's Obligations Regarding Torture

National Journal of Constitutional Law, Vol. 12, pp. 425-447, 2001

24 Pages Posted: 12 Feb 2008 Last revised: 22 Nov 2015

Evan Fox-Decent

McGill University - Faculty of Law

Abstract

While recognizing that the right not to be subjected to torture is non-derogable, in Suresh v. Canada (Minister of Citizenship & Immigration,) the Federal Court of Appeal has found that it is not contrary to Canada's international legal obligations nor the Charter of Rights and Freedoms to deport a person to a country where there are substantial grounds to believe that he or she would face a serious risk of torture. The following comment considers the Court's approach to international human rights law in that case. The author analyses the Federal Court of Appeal's judgment in light of the Supreme Court of Canada's recent holding in Baker v. Canada (Minister of Citizenship & Immigration) that the legislature is presumed to respect the values and principles enshrined in international law, both customary and conventional.

Keywords: torture, suresh, international law, human rights, implementation, incorporation, reception, refugee, deportation, refoulement

Suggested Citation

Fox-Decent, Evan, Suresh and Canada's Obligations Regarding Torture. National Journal of Constitutional Law, Vol. 12, pp. 425-447, 2001. Available at SSRN: https://ssrn.com/abstract=1091148

Evan Fox-Decent (Contact Author)

McGill University - Faculty of Law ( email )

3644 Peel Street
Montreal H3A 1W9, Quebec
Canada

HOME PAGE: http://www.mcgill.ca/law/about/profs/fox-decent-evan

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