International Human Rights Law and Legal Remedies in Expulsion: Progress and Some Remaining Problems with Special Reference to Canada

Abstract

The article explores the international rights at issue in expulsion and the content of the corresponding effective remedy required of a State. International treaty body jurisprudence from individual cases is critically examined to expose progress and problems remaining for both the rights and the effective remedy. References are made throughout to the corresponding situation in Canada's domestic law. The article shows that when fundamental rights such as family life are at issue, the domestic legal remedy must satisfy conditions such as suspensive effect, access to courts and non-discrimination. The article concludes with proposed measures for both States and international treaty bodies to clarify the protection of rights in expulsion and to better ensure that international treaty rights can be guaranteed in expulsion.