Singh v. Minister of Employment and Immigration
Encyclopedia
Singh v. Minister of Employment and Immigration, [1985] 1 S.C.R. 177
foreign nationals attempted to claim convention refugee status under the Immigration Act, 1976
on the basis that they had a well-founded fear of persecution in their home country. They were denied status by the Minister of Employment and Immigration on the advice of the Refugee Status Advisory Committee.
The seven foreign nationals challenged the adjudication procedures under the Immigration Act on the basis that it violated section 7
of the Canadian Charter of Rights and Freedoms and violated section 2(e) of the Canadian Bill of Rights
. The government claimed that since they had no status within the country they were not subject to the Charter.
wrote the decision based on section 7 rights to security of person
and fundamental justice
. She also found the government's claim that giving hearing to refugees would be burdensome was too utilitarian a concern, and that administrative convenience would rarely be sufficiently compelling to justify infringing a Charter right.
The second half of the Court also found in favour of the rights claimants but through section 2(e) of the Bill of Rights. Justice Jean Beetz
, writing for this half of the Court, noted that section 26
of the Charter states that rights outside the Charter are not invalid, and hence the Bill of Rights still has a role to play in Canadian law. Beetz went on to find that in this case, refugees had been denied hearings. Thus, their section 2(e) rights to fair hearings and fundamental justice were infringed.
. The number of refugee cases receiving legal aid
was also increased, with 1,610 cases in Ontario in 1989 rising to 15,247 cases in 1990 in that province.
Background
Between 1977 and 1980, Harbhajan Singh and six other SikhSikh
A Sikh is a follower of Sikhism. It primarily originated in the 15th century in the Punjab region of South Asia. The term "Sikh" has its origin in Sanskrit term शिष्य , meaning "disciple, student" or शिक्ष , meaning "instruction"...
foreign nationals attempted to claim convention refugee status under the Immigration Act, 1976
Immigration Act, 1976
The Immigration Act in Canada was created in 1976 by then Prime Minister Pierre Trudeau. It focused on who should be allowed into Canada, not on who should be kept out. The Act came into force in 1978 along with new Immigration Regulations. This Act gave more power to the provinces to set their own...
on the basis that they had a well-founded fear of persecution in their home country. They were denied status by the Minister of Employment and Immigration on the advice of the Refugee Status Advisory Committee.
The seven foreign nationals challenged the adjudication procedures under the Immigration Act on the basis that it violated section 7
Section Seven of the Canadian Charter of Rights and Freedoms
Section Seven of the Canadian Charter of Rights and Freedoms is a constitutional provision that protects an individual's autonomy and personal legal rights from actions of the government in Canada. There are three types of protection within the section, namely the right to life, liberty, and...
of the Canadian Charter of Rights and Freedoms and violated section 2(e) of the Canadian Bill of Rights
Canadian Bill of Rights
The Canadian Bill of Rights is a federal statute and bill of rights enacted by Prime Minister John Diefenbaker's government on August 10, 1960. It provides Canadians with certain quasi-constitutional rights in relation to other federal statutes...
. The government claimed that since they had no status within the country they were not subject to the Charter.
Opinion of the Court
In a 3-3 decision (in the case of a tie, the Chief Justice casts the deciding vote), the Court found that the seven foreign nationals were protected by the Charter and their rights had been violated. Justice Bertha WilsonBertha Wilson
Bertha Wernham Wilson, CC was a Canadian jurist and the first woman Puisne Justice of the Supreme Court of Canada.-Early life:...
wrote the decision based on section 7 rights to security of person
Security of person
Security of the person is a basic entitlement guaranteed by the Universal Declaration of Human Rights, adopted by the United Nations in 1948. It is also a human right explicitly mentioned and protected by the Constitution of Canada, the Constitution of South Africa and other laws around the...
and fundamental justice
Fundamental justice
Fundamental justice is a legal term that signifies a dynamic concept of fairness underlying the administration of justice and its operation, whereas principles of fundamental justice are specific legal principles that command "significant societal consensus" as "fundamental to the way in which the...
. She also found the government's claim that giving hearing to refugees would be burdensome was too utilitarian a concern, and that administrative convenience would rarely be sufficiently compelling to justify infringing a Charter right.
The second half of the Court also found in favour of the rights claimants but through section 2(e) of the Bill of Rights. Justice Jean Beetz
Jean Beetz
Jean-Marie Philémon Joseph Beetz, was a Canadian jurist and puisne justice of the Supreme Court of Canada....
, writing for this half of the Court, noted that section 26
Section Twenty-six of the Canadian Charter of Rights and Freedoms
Section Twenty-six of the Canadian Charter of Rights and Freedoms, like other provisions within the section 25 to 31 bloc, provides a guide in interpreting how the Charter should affect Canadian society...
of the Charter states that rights outside the Charter are not invalid, and hence the Bill of Rights still has a role to play in Canadian law. Beetz went on to find that in this case, refugees had been denied hearings. Thus, their section 2(e) rights to fair hearings and fundamental justice were infringed.
Aftermath
Following the Supreme Court decision, the number of hearings needed for refugees has caused massive delays in the Immigration DepartmentCitizenship and Immigration Canada
Citizenship and Immigration Canada is the department of the government of Canada with responsibility for issues dealing with immigration and citizenship...
. The number of refugee cases receiving legal aid
Legal aid
Legal aid is the provision of assistance to people otherwise unable to afford legal representation and access to the court system. Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to counsel and the right to a fair trial.A number of...
was also increased, with 1,610 cases in Ontario in 1989 rising to 15,247 cases in 1990 in that province.