Simon Says

Bringing clarity to the inner workings of our legal system

Borys Law intervenes at the Supreme Court of Canada

On November 14, 2018, Simon Borys intervened, on behalf of the Canadian Prison Law Association, in the case of Minister of Public Safety and Emergency Preparedness, et al v Tusif Ur Rehman Chhina.

Mr. Chhina was in immigration detention pending deportation for 10 months. He sought a writ of habeas corpus on the basis of his lengthy and indeterminate detention. The Court of Queen’s Bench of Alberta declined to exercise its jurisdiction to hear the application, but Mr. Chhina successfully appealled this decision to the Alberta Court of Appeal. The Attorney General then appealed the matter to the Supreme Court of Canada.

The CPLA’s submissions focused on the proper scope of habeas corpus. They emphasized the need for habeas corpus to not be unduly restricted given the important liberty interests it protects.

To read the full intervener’s factum, see:


Past performance is not indicative of future results, and outcomes will vary according to the facts of individual cases. This site is intended for information purposes only. None of the information on this site should be considered “legal advice.” Information on this website (including blog posts and answers to frequently asked questions) is the opinion of the author only and is not warrantied or guaranteed to be an exhaustive, definitive, or accurate statement of the law. The proper interpretation and application of the law must always be done on a case specific basis; therefore, you should not rely on the general information on this site as a substitute for proper legal research or the advice of a licenced lawyer.