Every year on April 4, Canada celebrates Refugee Rights Day—a day to commemorate the Supreme Court of Canada's historic decision in Singh v. Canada (Minister of Employment and Immigration),[1985] 1 SCR 177. In this case, the Supreme Court recognized that everyone physically present in Canada—including refugee claimants—has the right to fundamental justice under the Canadian Charter of Rights and Freedoms. It was a powerful affirmation that human rights do not stop at borders. This year marks the 40th anniversary of this landmark ruling that has reshaped the legal landscape for refugee protection in Canada. To this day, the 1985 decision remains one of the most important administrative law decisions of our country.
At Green and Spiegel, we are especially proud of the role that our firm's founding partner, Mr. Mendel Green, played in advancing the legal arguments that helped bring about this historic ruling as counsel for one of the interveners. We are immensely proud of Mr. Green's contributions to the Singh decision and the foundational principles it represents: fairness, access to justice, and the protection of fundamental rights for all individuals in Canada.
The Singh Decision: A Turning Point in Refugee Protection
In Singh v. Canada, the Supreme Court considered whether the procedures in place for determining refugee status complied with the principles of fundamental justice under section 7 of the Canadian Charter.
The case involved seven foreign nationals—six citizens of India and one of Guyana—who had made refugee claims in Canada. Their claims were refused without oral hearings, and they were issued deportation orders. At the time, refugee claimants did not have a statutory right to an oral hearing before an independent tribunal.
The Supreme Court held that the procedures violated section 7 of the Charter, which guarantees the right to life, liberty, and security of the person, and that these rights could not be denied except in accordance with the principles of fundamental justice. Accordingly, the Court emphasized that all individuals physically present in Canada, regardless of their citizenship or immigration status, are entitled to these protections. In cases where credibility of a claim is at issue, the refugee claimant has a right to an oral hearing before an independent tribunal.
This ruling not only established Charter protections for everyone physically present in Canada, regardless of immigration status, but it also led directly to the creation of the Immigration and Refugee Board that hears refugee claims today.
A Legacy That Continues
40 years later, Singh remains a cornerstone of refugee and administrative law. It is a reminder that legal advocacy can be a powerful force for systemic change—and that the fight for justice must include the most vulnerable among us.
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