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Habeas corpus and the immigration detention of non-citizens

Wednesday, May 30, 2018 @ 8:46 AM | By Nikolay Chsherbinin

Immigration detentions of non-citizens must only be for an immigration-related purpose. Undoubtedly, a detention is never pleasant. However, it is not the detention itself, or even its length, that is objectionable, but its unlawfulness. Often non-citizens are being detained on a faulty factual premise, inadvertent errors or criminal charges without a conviction. Once detained, it is difficult to secure a release and the detention can span years.

A case in point is Ogiamien v. Ontario (Community Safety and Correctional Services) 2017 ONCA 839, where the Court...