Buddy should go to the UN and file a big ole Human Rights complaint
You are.
Fact is this, buddy wasn't a Canadian citizen and as such, does not 'enjoy' (wrong word, I know) the full rights under the Charter.
Tough beans at the end of the day and while I will agree that the circumstances are puny, I still have no sympathy for him
Yep. You went on holiday knowing that your permission to be in Europe could be revoked at any time, for any reason or no reason.So you're on holiday in Europe. You decide to help a friend one day by offering to wash the dishes and the EU decides to deport you for working without a visa without giving you any chance to defend yourself. Fair?
The UDHR is law. . . nowhere. The General Assembly has zero power to make law of any kind. It is a talking shop. It was specifically designed to be a talking shop.
Don't get me wrong, I think talking shops are useful and the UN is worth what it costs.
But to confuse the UDHR with law is a serious error.
OK, first, comparing an unenforced, unenforceable, purely aspirational document to "the supreme Law of the land" (U.S. Const., Art. VI, cl. 2) is ridiculous.Sorry, that's not how I meant it. I was referring to the cultural impact if teaching the Universal Declaration of Human Rights on the minds of the eleven-year-olds who study it. It has a similar impact as studying the US Bill of Rights. It makes respect for fundamental human rights part of the cultural mindset and social structure beyond the law. Canadian public schools teach nothing of the sort.
How do you explain getting deported for helping his Canadian girlfriend build a DIY patio?
Was there a lack of information provided by CBSA when this person landed in Canada?
If it were me, I'd give them a short period within which to remedy the expired visa or absent visa, then thump em with a fine if they didn't produce a valid visa. Something like $5K would work. Then if they still didn't comply, I'd kick them out the back door, tell them to FO and don't come back.Should working or studying in Canada without a visa be a criminal offence?
Right now, working or studying in Canada without a visa is not considered to be a criminal offence. It merely involves deporting a person and preventing him from returning to Canada for a year. Not making it a criminal offence has two drawbacks:
1. The punishment is not severe enough to serve as an effective deterrant and worse yet
2. Since the fundamental human rights of foreign nationals who are detained for deportation to protection from arbitrary arrest and detention, to the presumption of innocence, and to a fair trial are not protected, many innocents likely get deported too.
To make it a criminal offence with one year of imprisonment followed by deportation would:
1. Serve as an effective deterrant to working or studying in Canada without authorization, and more importantly
2. Protect the fundamental human rights of the accused since Charter rights would then apply to them, and in so doing protect Canada's reputation as a country that respects due process.