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Appeal - No Charter Right to An Appeal. Harkat v. Canada (Citizenship and Immigration)
In Harkat v. Canada (Citizenship and Immigration) (Fed CA, 2021) the Federal Court of Appeal confirmed that there is no Charter right to an appeal:[4] Standing in Mr. Harkat’s way is section 82.3 of the Immigration and Refugee Protection Act, S.C. 2001, c. 27. Under that section, he can appeal only if the Federal Court certifies a serious question of general importance for this Court’s consideration.
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[8] Mr. Harkat’s Charter argument against section 82.3 is doomed to fail. This Court has rejected it on multiple occasions: Huynh v. The Queen, 1996 CanLII 4047 (FCA), [1996] 2 F.C. 976, 134 D.L.R. (4th) 612 (C.A.); Huntley v. Canada (Citizenship and Immigration), 2011 FCA 273, [2012] 3 F.C.R. 118. As well, there is no constitutional right to an appeal as of right or to an unrestricted appeal: Huynh at paras. 12-18, citing R. v. Meltzer, 1989 CanLII 68 (SCC), [1989] 1 S.C.R. 1764, 49 C.C.C. (3d) 453 at 1773-1774 S.C.R. and Kourtessis v. Minister of National Revenue, 1993 CanLII 137 (SCC), [1993] 2 S.C.R. 53, 102 D.L.R. (4th) 456 at 69-70 S.C.R.; see also Charkaoui v. Canada (Citizenship and Immigration), 2007 SCC 9, [2007] 1 S.C.R. 350 at para. 136 and Sachs v. Air Canada, 2007 FCA 279, 68 Admin. L.R. (4th) 233 at para. 11. Section 82.3 is constitutionally valid.
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