CONSTITUTIONAL LAW
Charter of Rights
Arrest, Detention, Imprisonment
Judicial review of Immigration and Refugee Board’s dismissal of refugee claim—Applicant detained at least two days upon arrival in Canada—Interviewed without opportunity to consult counsel—Board compared statements made at interview with written narrative, found applicant not credible—Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 10(b) providing everyone has right on arrest or detention to retain, instruct counsel without delay and to be informed of right—What constitutes detention—On facts, applicant in detention—S. 10(b) violated—Board should have excluded statements made while in detention, without access to counsel pursuant to Charter, s. 24(2)—Application allowed.
Chen v. Canada (Minister of Citizenship and Immigration) (IMM‑3387‑05, 2006 FC 910, O’Reilly J., judgment dated 25/7/06, 8 pp.)