Double jeopardy

Alongside the issue of criminalizing the mentally ill, there is also the issue of the criminalization of race, as evidenced by the over-representation of people of colour in the criminal justice system in Canada. [...] The “danger to the public” provision was a sign of the convergence between criminal and immigration law, and the influence of the logic of criminality in the governance of immigration enforcement24. [...] These factors, such as the seriousness of the offence, the possibility of the appellant’s rehabilitation, the length of time the appellant has spent in Canada and the degree of hardship that would be faced as a consequence of their removal from Canada are vital considerations that cannot be made if the individual has no right to appeal. [...] At the end of the stay period, the IAD can decide to allow the appeal, extend the stay period, or, if the individual has not complied with the stay conditions, dismiss the appeal and deport the individual41. [...] Such a danger opinion allows the execution of the deportation order and the removal of the person concerned to the country of origin despite the individual’s risk of harm.