The Canadian Charter and Public International Law: Redefining the State\u27s Power to Deport Aliens

This article considers the relationship between international and domestic law in deportation proceedings. The argument is made that, generally, Canadian law should be interpreted consistently with Canada\u27s obligations at international law, as reflected in conventions and custom. More specifically, the article proposes that Canada\u27s obligation at international law to protect the family and the child be recognized in Canadian law as one of the principles of fundamental justice under section 7 of the Charter. The protection of the family is engaged by the deportation of domiciled aliens because, by definition, these deportees have been in Canada for a long period of time and have fully assimilated into Canadian society: deportation will, therefore, have an adverse impact on the aliens\u27 family life and their children. Indeed, the adverse effect of deportation on families and children is increasingly recognized, by courts and commentators, as a violation of internationally protected human rights. If the Canadian Charter is interpreted consistently with the growing body of law surrounding these international human rights, a compelling case can be made against the power of the State to deport domiciled aliens from Canada