CTC’s Intervention Request Accepted by the Supreme Court of Canada
For Immediate ReleaseOctober 18th, 2012
CTC’s Intervention Request Accepted by the Supreme Court of Canada
CTC will intervene in appeal concerning the application of s. 34 of Immigration and Refugee Protection Act (IRPA)
Ottawa, ON – Today, the Supreme Court of Canada will hear the appeal of Agraira v. Minister of Public Safety and Emergency Preparedness, a very important case in which the Canadian Tamil Congress (CTC) has been granted intervener status by the Supreme Court. The case concerns the application of s. 34 of the Immigration and Refugee Protection Act (IRPA) and is very important to Tamil Canadian since many Tamil individuals are found to be in inadmissible to Canada.
As it stands, the current application of s. 34(1) of IRPA is very broad, and the unrestricted interpretation of the term ‘member’ encapsulates individuals who have not engaged in any form of violence but may have, for example, conducted humanitarian work for a multifaceted organization, a branch of which might have been engaged in armed conflict. While s. 34(2) is intended to exempt people in such situations, the Minister rarely grants such exemptions even if the person poses no threat to Canada. As a result, there is no effective mechanism through which an individual can overcome the designation of being a ‘terrorist’. CTC therefore remains deeply concerned about the outcome of this appeal, as it will have a direct impact on Tamil Canadians.
“We believe that after working with the Tamil community for over 10 years, we can make arguments before the Court on the interpretation and application of s. 34(2) of IRPA as it applies to Tamils”, said David Poopalapillai, National Spokesperson for CTC. “It is a sad reality that Tamils going through the immigration and refugee process continue to face problems of being labeled terrorists with no discretion to overcome such a label in genuinely deserving cases”, concluded Poopalapillai.
The Appeal is taking place today, October 18th, 2012, at the Supreme Court of Canada in Ottawa. CTC’s counsel, Ms. Barbara Jackman and Mr. Hadayt Nazami, will argue that the Minister’s discretion under s. 34(2) of IRPA should be applied in a broad manner so as to ensure that people who do not present a security threat to Canada will be permitted to regularize their status and live peacefully.
For media inquiries, please contact David Poopalapillai at the Canadian Tamil Congress at 416.240.0078.
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Published on: 10/18/12 09:28
