Simple court remedy

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Resolution number: 
20
November 1996
Whereas: 
  1. The refoulement of Ms Mbulu after Canadian post-claim procedures against the express wishes of the UN Rapporteur against Torture and the many cases before international human rights committees and commissions reveal a problem with Canadian post-claim procedures.
  2. International law requires a simple, that is one-step, court procedure when fundamental human rights are at issue.
  3. Canada has agreed to ensure or guarantee human rights for everyone on the territory, including when there is a real risk of a violation of a fundamental right consequential to expulsion.
  4. There was a major report revealing the inadequacy of risk review and humanitarian and compassionate review by Davis and Waldman which recommended inclusion of international human rights standards.
  5. Some way of better acquainting Canadians with current international human rights standards is needed.
Therefore be it resolved: 

That the CCR urge the Government of Canada to:

  1. Review legislation to ensure a simple (one step) effective court remedy when fundamental rights arise in expulsion.
  2. Write to the Inter-American Commission on Human Rights asking them to hold a seminar in Canada with international experts from international committees and commissions and members of the Canadian legal community to advise on current requirements of international human rights law for the new legislation.
Working Group: 
Inland Protection