Case Context

• This case involved the Government of Canada's appeal against a Federal Court decision requiring Canada to facilitate the return of four Canadian citizens detained in northeastern Syria under deplorable conditions.

Key Issues and Court's Analysis

1. Charter Rights Interpretation: Central to the case was the interpretation of subsection 6(1) of the Charter, which deals with the right of Canadian citizens to enter Canada. The court examined the historical context, larger objects of the Charter, and the specific purpose of this right.
2. Federal Court's Decision: The Federal Court had transformed the right to enter Canada into an obligation for the government to actively repatriate Canadian citizens from abroad, regardless of their conduct.
3. Federal Court of Appeal's Decision: The Appeal Court disagreed with this interpretation, emphasizing that the Charter's scope does not extend to obligating the government to repatriate citizens. The court cited previous Supreme Court rulings to support this narrower interpretation.

Conclusion

• The Appeal Court set aside the Federal Court's judgment, rejecting the broad interpretation of the Charter right and dismissing the application for judicial review. The decision reaffirms the limited scope of subsection 6(1) of the Charter regarding the government's obligation to facilitate citizens' return from abroad.