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Suresh v. Canada (Minister of Citizenship and Immigration and Others)

Canada.  11 January 2002 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Aliens — Refugees — Deportation — Association with terrorist organization — Whether constituting a danger to the security of Canada — Relationship between security of Canada and security of other States — Whether association with group engaged in terrorism in Sri Lanka sufficient to constitute danger to the security of Canada — Human rights limitations on refoulement — Geneva Convention relating to the Status of Refugees, 1951

Human rights — Freedom from torture — Due process — Prohibition on refoulement to State where individual at serious risk of torture — Whether prohibition absolute — Whether to be balanced against national security considerations — International Covenant on Civil and Political Rights, 1966, Article 7 — United Nations Human Rights Committee General Comment No 20 — Convention against Torture, 1984, Article 3 — Geneva Convention relating to the Status of Refugees, 1951, Article 33

Relationship of international law and municipal law — Treaties — Treaty not part of Canadian law unless implemented by legislation — International law and principles as aid to construction of legislation

Terrorism — Nature of terrorism — Definition — International Convention for the Suppression of the Financing of Terrorism, 1999 — International nature of terrorism — Whether terrorist threat to one State also indirectly endangers another — The law of Canada

Type
Case Report
Copyright
© Cambridge University Press 2003

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