Migrants can now appeal detention to a judge

The Canadian Council for Refugees was an intervener in the case and applauded the decision. It had argued that people detained under immigration law do not always get a fair hearing by an impartial decision-maker, saying the fact was illustrated by a recent external audit of detention reviews.

Canadian Council for Refugees said detention often has devastating impacts, even when it is short.

In announcing the decision, the Canadian Council for Refugees said detention often has devastating impacts particularly for children, refugee claimants, trafficked persons and people suffering from mental health issues. The right to appeal detention before a judge, it says, strengthens protection in Canada of the fundamental right to liberty as guaranteed in the Canadian Charter of Rights and Freedoms.