Dehghani v. Canada

Dehghani v. Canada (Minister of Employment and Immigration), [1993] 1 SCR 1053, 1993 CanLII 128 (SCC)

• A secondary examination by an immigration officer at a port of entry does not constitute a “detention” within the meaning of s. 10(b) of the Charter.
• Assuming that s. 7 of the Charter is engaged in the circumstances of this case, the principles of fundamental justice do not require that the appellant be provided with counsel at the pre inquiry or pre hearing stage of the refugee claim determination process. While the right to counsel under s. 7 may apply in other cases besides those which are encompassed by s. 10(b) [right to retain, instruct, and opportunity to contact counsel on arrest or detention], in an immigration examination for routine information gathering purposes, the right to counsel does not extend beyond those circumstances of arrest or detention described in s. 10(b).