CCLA Appears Before the Federal Court in Challenge to Refugee Cessation Provisions

TORONTO —Pro bono lawyers representing the Canadian Civil Liberties Association will appear this week before the Federal Court of Canada as intervenors in a constitutional challenge to refugee cessation provisions in the Immigration and Refugee Protection Act (IRPA).

Refugee cessation provisions in IPRA are measures that results in the termination of refugee status for individuals who have been recognized as refugees. This includes permanent residents (PR), who will automatically lose their PR status if their refugee status is ceased.

“The misapplication or unjust enforcement of cessation provisions can lead to dire consequences, including uprooting and separating families and even forcing vulnerable individuals back into situations of danger and despair”, says Harini Sivalingam, Director of the Equality Program at the Canadian Civil Liberties Association.

CCLA argues that s 7 of the Charter is engaged throughout cessation proceedings to ensure that the right to life, liberty, and security of the person are protected. The CCLA further argues that while legislative “safety valves” may protect against s 7 violations, it is crucial for these safeguards to ensure that no s 7 Charter violations take place. Since there are no meaningful “safety valves” to prevent s 7 Charter violations, the cessation process is unconstitutional.

The hearing will held on Sept 17 and Sept 18th at the Federal Court of Canada in Toronto.

CCLA is represented by pro bono counsel Jackie Swaisland and Warda Shazadi Meighen of Landings LLP.

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Relevant Court Filings:

Read CCLA’s factum here.

About the Canadian Civil Liberties Association
The CCLA is an independent, non-profit organization with supporters from across the country. Founded in 1964, the CCLA is a national human rights organization committed to defending the rights, dignity, safety, and freedoms of all people in Canada.

Media Contact:
media@ccla.org