Refugee claimant jailed ‘for no real reason’ released under judge’s orders
Posted August 14, 2017 5:07 pm.
Last Updated August 14, 2017 7:49 pm.
This article is more than 5 years old.
A refugee claimant walked out of a downtown courthouse completely free, after a judge released him from a 18-month immigration detention enforced for “no real reason” on Monday afternoon.
Ricardo Scotland appeared at 361 University Avenue after spending more than four years behind bars in a maximum security facility.
The Barbados-native and single father of a 13-year-old daughter has been awaiting the results of his refugee claim in jail since April 2013.
In his ruling, Justice Edward Morgan said Scotland was unable to get out of custody because he was caught “in an endless circuit of mistakes and unproven accusations,” made by the Canada Border Services Agency (CBSA) and the Immigration and Refugee Board (IRB).
“Nobody knew why he was detained,” Justice Morgan said, likening his imprisonment to the oppressive and nightmarish qualities of Franz Kafka’s fictional world.
One of the accusations claimed Scotland had breached his immigration condition for failing to notify CBSA about a change of address after his arrest. The Crown argued that no rational person would consider being in police custody as changing their address. Scotland, however, did call the CBSA to notify them he’d been arrested after the police raided his home.
Scotland, clearly elated by his liberation, thanked Justice Morgan “a million times” on his way out.
Lawyer Subodh Bharati said the judge was extremely shocked by Scotland’s story.
“Somebody finally listened to him,” Bharati said.
“I hope people realize what happens to people who aren’t Canadians in terms of immigration detention.”
Sadly, Scotland is not alone. Dozens of immigration detainees have applied to the Superior courts for a writ of habeas corpus — a remedy to determine if a persons detention is lawful.
Lawyers cite problems with the CBSA and the IRB, who have the power to arrest and detain non-citizens.
Thirty-eight-year old Scotland and his daughter will have their refugee hearing on Sept. 22. They applied for refugee status in December 2010.
The first thing Scotland plans to do as a free man?
“I want to get my daughter and have a shower and talk to my family.”
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