Fundamental (In)Justice: The Deportation of Long-Term Residents from Canada
Under the Immigration Act, permanent residents and illegal immigrants may, for a number of reasons, be deported from Canada for life. Even after residing in this country for many years, immigrants without the formality of citizenship enjoy only a limited right to remain. The author argues that deportation violates an immigrant's right to life, liberty and security of the person under section 7 of the Charter. And where that person has established fundamental connections with Canada, through family relations, education, employment, culture, etc., deportation, moreover, is not in accordance with the principles of fundamental justice. In determining the principles of fundamental justice as they apply to the deportation of immigrants, the common law alone must not be determinative; one must look to a multitude of sources. These would include other provisions of the Charter, the jurisprudence of free and democratic societies, and customary and conventional international law. All of these sources, when considered together, point to an enhanced recognition of a right to remain for long-term residents.
