Sittampalam v Minister of Public Safety 2006 FC 1118 Set Aside Detention Order

The Court set aside a refusal to release. The Board erred in failing to consider alternatives to detention. The Court noted: "Because of the unsuitability of these proposed bondspersons, the Board concluded that there was no meaningful alternative to Mr. Sittampalam's continued detention and, therefore, there was no option but to keep him in custody. Counsel had proposed a range of other means of ensuring that Mr. Sittampalam would appear -- house arrest, supervision by family members, and the wearing of an electronic bracelet. The Board addressed only the latter possibility in its reasons. It stated that, because it was not ordering Mr. Sittampalam's release, it was "not considering the use of an electronic bracelet as a measure of control". Clearly, the Board did not consider the possibility that Mr. Sittampalam could be released and his appearance for removal vouchsafed by means other than the posting of bonds. In my view, the Board did not fully analyze the available means of ensuring Mr. Sittampalam's appearance for removal."