Suresh v Canada (Minister of Citizenship and Immigration)

Suresh established that s.7 of the Charter applies to deportation. Removal to a country where the deportee faces a substantial risk of torture would generally — though not always — violate the principles of fundamental justice. Procedural protections also required where torture is alleged.

Suresh, a Sri Lankan refugee, faced deportation as a security risk for alleged LTTE involvement. He claimed deportation would expose him to torture in Sri Lanka.

(1) Does s.7 apply to deportation? (2) What procedural and substantive protections does it require where torture is alleged?

Yes. Procedural fairness requires opportunity to respond to the case for deportation; substantive: deportation to torture would generally shock the conscience, save in exceptional circumstances.

Section 7 engages where deportation may result in torture. Substantively, deportation to face torture violates the principles of fundamental justice except in exceptional cases. Procedurally, the deportee must be informed of the case for removal, given an opportunity to respond, and provided with reasons.

The unanimous Court emphasised the absolute prohibition of torture in international law (Convention Against Torture). The "exceptional circumstances" caveat preserves theoretical room but is rarely available in practice. The procedural protections are tailored to balance security and fairness.

Foundational immigration-Charter case. Has shaped subsequent decisions on security certificates (Charkaoui), refugee removal, and use of intelligence in immigration proceedings.

Suresh v Canada (Minister of Citizenship and Immigration), 2002 SCC 1, [2002] 1 SCR 3.

McLachlin CJ, L'Heureux-Dubé J, Gonthier J, Iacobucci J, Major J, Bastarache J, Binnie J, Arbour J, LeBel J