Bring Them Home
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Canadian Charter of Rights and Freedoms
Legal Analysis
Foreign Fighters
Positive Rights
Section 7 Right to Life Liberty and Security of the Person
Overseas Detention


The Canadian government has thus far refused to examine the issue of detained Canadian foreign fighters. A legal case being brought on their behalf argues that this constitutes a violation of the detainees Section 7 Charter rights and this paper finds that is sufficient precedent in the Canadian legal cannon to support this assertion. This conclusion was reached through an analysis of key Section 7 Charter cases containing elements similar to the case being brought on behalf of the detainees including the application of the Charter overseas, a discussion of the Canadian anti-terrorism regime, and the potential for positive rights under Section 7. There is little existing literature on this topic, so broader academic writings on Section 7 rights was considered alongside the selected cases. Although this paper is limited by a lack of information pertaining to the individuals involved, there does appear to be strong evidence that the non-actions of the Canadian state do constitute a violation of the detainees Section 7 Charter rights.

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