# Analyzing Suresh v Canada (2002) | Deportation & Torture Law
> Explore the landmark case Suresh v Canada regarding deportation, national security, andSection 7 of the Charter. Learn about the 'shocks the conscience' test.

Tags: suresh-v-canada, constitutional-law, canadian-charter, national-security, administrative-law, deportation, human-rights
## Suresh v Canada (Minister of Citizenship and Immigration)
* **Case Citation:** 2002 SCC 1
* **Core Themes:** Deportation, National Security, and the Prohibition of Torture.

## Factual Background
* **Timeline:** Manvender Singh Suresh arrived in Canada (1990) and was recognized as a Convention Refugee (1991).
* **Security Threat:** The government alleged Suresh was a fundraiser for the LTTE (Tamil Tigers).
* **1995 Decree:** A certificate declared him a danger to Canadian security, ordering deportation to Sri Lanka despite a risk of torture.

## Legal Issues (IRAC)
* **Substantive:** Violation of Section 7 of the Charter (Fundamental Justice) regarding deportation to face torture.
* **Procedural:** Duty of fairness regarding disclosure of documents and hearings.
* **Standard of Review:** The degree of court intervention in the Minister's 'danger' determination.

## The Section 7 Analysis
* **Shocks the Conscience:** The Court held that deporting someone to face torture generally violates principles of fundamental justice.
* **Exceptional Circumstances:** The Court did not exclude the possibility that in extreme, undefined scenarios, national security might justify such a risk.

## Procedural Fairness Requirements
* **High Stakes:** The Court applied 'Baker Factors' for elevated fairness requirements.
* **Requirements:** Right to know the case (disclosure), right to respond (submissions), and requirement of written reasons.

## Standard of Review (Pre-Vavilov)
* **Constitutional Questions:** Standard of Correctness (No deference).
* **Discretional Decisions:** Standard of Patent Unreasonableness (High deference).

## Outcome and Impact
* **Result:** Appeal allowed; new hearing ordered due to procedural unfairness.
* **Doctrinal Impact:** Established that while the executive has security discretion, they must adhere to mandatory disclosure and reasons when life/liberty is at stake.
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