Lawyers make closing arguments in failed refugee claimant’s case

Canadian immigration officials have dragged their feet, relied upon flimsy evidence and provided “no valid justification” to hold a man they are trying to deport in maximum-security jail, the man’s lawyer argued in court Thursday.

“This is a gross violation of Section 12 of the Charter,” Jared Will, lawyer for immigration detainee Ebrahim Toure, told Superior Court Justice Alfred O’Marra, referencing the Charter of Rights and Freedoms’ protection against cruel and unusual treatment.

Toure, a failed refugee claimant originally from Gambia, has spent more than four and a half years in a maximum security jail because the government has been unable to deport him. He is arguing that his detention violates multiple sections of the charter and that he should be released.

Government lawyers accuse Toure — who, prior to December 2015, insisted he was from Guinea — of “repeatedly thwarting” their removal efforts and intentionally withholding information that would help them deport him. They allege that his name is actually Bakaba Touray and say his lack of co-operation is the primary obstacle in removing him from the country.

In his closing submissions on Thursday, Will said Toure’s detention is indefinite, arbitrary and “grossly disproportionate” to the purposes of deporting him. He emphasized that Canada Border Services Agency (CBSA) officials have never specified what exactly they want Toure to do that would help them deport him and they have no idea when his theoretical deportation could possibly occur.

Government lawyer Judy Michaely said Toure’s lack of co-operation was impeding removal efforts, but those efforts were not at an impasse. She pointed to ongoing negotiations with Gambian authorities about potentially setting up an interview with Toure.

“If the applicant decides to co-operate with the CBSA, much more could be accomplished,” Michaely said.

If Toure is released, she said, “there is no doubt he would go underground, he would disappear and he would never be removed from Canada.” She denied that Toure’s detention was indefinite, saying it’s “quite likely” he could be deported “in the near future.”

“Many things are possible in the near future,” Will told O’Marra when given an opportunity to rebut. “But the question you have to ask yourself is, have they proven there is a reasonable prospect of removal within a reasonable time? Despite their confidence, there’s no evidence of this.”

O’Marra will decide on Oct. 5 whether or not Toure should be released.