Court : House of Lords
Decided on : Feb-18-2009
..... understand the all-important difference between control orders such as were in issue there and deportation orders with which your lordships are here concerned. the former, although falling short of constituting article 5 detention, in almost every other respect are highly restrictive of the controlees ordinary rights and freedoms. moreover such orders are made domestically and can be (and are) made ..... . this procedure, sketched in paragraph 144 of the judgment in chahal, is more fully described in paragraphs 71-74 of the judgment of mclachlin cj in charkaoui v minister of citizenship and immigration  scc 9. 162. the canadian procedure is clearly recognisable as a prototype of the procedure created by the 1997 act and the special immigration appeals commission ( ..... a question of fact reviewable on the standard of patent unreasonableness. he referred to the following passage in the judgment of the supreme court in suresh v canada (minister of citizenship and immigration)  1 scr 3 at paragraph 39: as mentioned earlier, whether there is a substantial risk of torture if suresh is deported is a threshold question. the ..... of the material to which i have referred is summarised in the decision of de montigny j, sitting in the federal court of canada, in sing v canada (minister of citizenship and immigration) 2007 fc 361. he referred to the joint report of amnesty international, human rights watch and the international commission of jurists of december 2 2005; tribunal record, .....Tag this Judgment!
Court : House of Lords
Decided on : Jun-10-2009
..... do not, or do not necessarily, amount to a deprivation of the liberty of the individual against whom they are made but undeniably are capable of constituting a serious impediment to the ability of that individual to enjoy many of the freedoms and pleasures of an ordinary life in this country. 91. as ..... to impose, or to confirm the imposition of, onerous obligations on individuals on grounds and evidence of which they are not and cannot be informed constitute a fair hearing? the judgment of the grand chamber in a v united kingdom has made clear that, for the purpose of strasbourg jurisprudence and article ..... course, open to parliament to enact legislation that is incompatible with one or more of the convention rights. the ability to do so is inherent in the constitutional role of a sovereign parliament. one of the issues which these appeals appeared to me, when i first read the papers, to raise was whether that ..... means that he must be told their gist. that analysis, which seeks to combine the approach of lord bingham with that of the other three who constituted the majority, must now be read subject to this crucial modification: there is no room for an exception where it is thought that the controlled person ..... mb  ac 440, para 30 he drew attention to mclachlin cjs observation for the supreme court of canada in charkaoui v canada (minister of citizenship and immigration)  1 scr 350, para 53, that a person whose liberty is in jeopardy must know the case he has to meet and to .....Tag this Judgment!