Does Bill C-49 respect the Charter?
No. All of Canada’s laws must respect the Canadian Charter of Rights and Freedoms, which guarantees basic rights. Several aspects of Bill C-49 likely do not respect the Charter. For example, Bill C-49 says that designated persons are detained for one year without review. The Supreme Court of Canada has recently clearly stated that detention without review for long periods is contrary to the Charter. If Bill C-49 is approved by Parliament, it could be challenged in the courts, and the courts would probably decide that some parts of the Bill are illegal because they do not respect the Charter. But while the courts are deciding the case, refugees would suffer in detention.
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