Suresh and Canada's Obligations Regarding Torture

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