Singh v Minister of Employment and Immigration, [1985] 1 SCR 177

What was at stake

Charter s.7 & s.2(e) 'everyone' includes asylum seekers; oral hearing rights

What happened

Seven claimants, including Harbhajan Singh and others of Indian origin, sought refugee status in Canada, claiming a well-founded fear of persecution. Their applications were rejected by immigration officials under a procedure that denied them an oral hearing before the decision-maker; instead, decisions were made on the basis of written submissions and affidavit evidence. The claimants were ordered deported and challenged the procedure, arguing they had no meaningful opportunity to know and respond to the case against them before being removed from Canada.

What the court decided

Charter protections apply to all physically present; refugees entitled to fundamental justice incl. oral hearing.

How the court got there

Justice Wilson, writing for three judges on the Charter ground, held that the word 'everyone' in s.7 of the Canadian Charter of Rights and Freedoms encompasses every human being physically present in Canada, regardless of citizenship or immigration status, and that refugee claimants' interests in life, liberty, and security of the person were plainly engaged by deportation to a country where they might face persecution. The Court found that the written-submissions procedure deprived those interests without affording the principles of fundamental justice, because credibility was often central and could not fairly be assessed without an oral hearing. Justice Beetz and two others reached the same result under s.2(e) of the Canadian Bill of Rights, finding the procedure denied a fair hearing. Because no s.1 justification was advanced that could excuse the deficiency, the impugned provisions were of no force or effect as applied to refugee claimants.

Statutes and cases cited

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