For me, it's the Immigrant and Refugee Protection Act.
I can say from personal observation of someone close to me having been falsely accused under the Act that the biggest problems relate to due process.
First, I would add the following to the Act straight from the UDHR:
1. No one shall be subjected to arbitrary arrest, detention or exile.
2. Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.
3. (1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
(2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.
4. No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.
I would also add the right of plainclothed undercover police and CBSA officers to record audio and video using a hidden recorder within reasonable limits without a warrant. Though I believe they have that right already, they are not using it. Unless it's a criminal offence, they don't even bother to collect any evidence for visa violations, and even when it is a criminal offence they sometimes still don't collect any evidence. Stating that right explicitly might increase the likelihood that they actually do their job and collect evidence like they are supposed to. It saves the government thousands in legal fees in the end.
I am privy to one particular CBSA file involving a human trafficking investigation for which the CBSA and the local police did not even so much as collect witness statements! Though honestly we believe that they did but the evidence pointed towards the accused's innocence (charged with working in Canada illegally) so they suppressed it at the hearing. We can't prove this of course, but we do have reason to believe it.
Articles in the Immigrant and Refugee Protection Act protecting a suspect's right to due process and an explicit statement stating that the police and CBSA do have a right to collect evidence or at least offer to do so would go far towards reducing the occurrence of the CBSA removing innocents for a year or inadvertently helping human traffickers and other serious criminals to escape Canadian justice by removing them on the charge of working in Canada without authorization.
I can say from personal observation of someone close to me having been falsely accused under the Act that the biggest problems relate to due process.
First, I would add the following to the Act straight from the UDHR:
1. No one shall be subjected to arbitrary arrest, detention or exile.
2. Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.
3. (1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
(2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.
4. No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.
I would also add the right of plainclothed undercover police and CBSA officers to record audio and video using a hidden recorder within reasonable limits without a warrant. Though I believe they have that right already, they are not using it. Unless it's a criminal offence, they don't even bother to collect any evidence for visa violations, and even when it is a criminal offence they sometimes still don't collect any evidence. Stating that right explicitly might increase the likelihood that they actually do their job and collect evidence like they are supposed to. It saves the government thousands in legal fees in the end.
I am privy to one particular CBSA file involving a human trafficking investigation for which the CBSA and the local police did not even so much as collect witness statements! Though honestly we believe that they did but the evidence pointed towards the accused's innocence (charged with working in Canada illegally) so they suppressed it at the hearing. We can't prove this of course, but we do have reason to believe it.
Articles in the Immigrant and Refugee Protection Act protecting a suspect's right to due process and an explicit statement stating that the police and CBSA do have a right to collect evidence or at least offer to do so would go far towards reducing the occurrence of the CBSA removing innocents for a year or inadvertently helping human traffickers and other serious criminals to escape Canadian justice by removing them on the charge of working in Canada without authorization.