Toronto

Immigrant detention system not flawless but legal, government lawyer says

A government lawyer says Canada's immigration-detention system may not be perfect but it is constitutional.

Response comes after Jamaican man detained for 5 years challenges the constitutionality of immigration laws

A person's hands hold prison bars.
A challenge to Canada's immigration laws is underway in Federal Court in Toronto, with lawyers for a man held for years before his deportation to Jamaica arguing that indefinite immigration detention violated his constitutional rights. (Shutterstock)

A government lawyer says Canada's immigration-detention system may not be perfect but it is constitutional.

He is telling Federal Court it would be a mistake to throw out the law allowing for immigrant detention because problems may occur as a result.

A Jamaican man who was detained for five years before being deported is challenging the constitutionality of immigration laws.

Alvin Brown and his supporters argue that the scheme allows for indefinite detention, amounting to cruel and unusual punishment.

But the government lawyer notes that another judge ruled immigration authorities were not to blame for Brown's long detention.

He argues each case is different and that detainees do have numerous ways to seek redress if they believe their circumstances are unreasonable.