Walker v MCI 2010 FC 382 Detention

The Court set aside a decision refusing release holding that the member failed to consider the length of detention: [31] However, section 248 of the Regulations adds the length of detention as a consideration to be taken into account even if the person detained is considered to be a flight risk, as in this case. The length of the applicant's detention has to be considered against other factors besides his refusal to cooperate with Immigration Officials and to reveal his true identity. These other factors would include the immigration status of the applicant, the fact that this was the 38th detention review, the passage of time since his last criminal conviction, etc. I am of the view from a close reading of the member’s reasons that the 3-year detention of the applicant was not considered against these factors: Panahi-Dargahlloo, above, at para. 50. [32] Reaching a conclusion similar to that of my colleague Justice Mandamin in Panahi- Dargahlloo, above, at para. 51, I find that the member's failure to consider the length of the applicant’s detention in his assessment of whether or not to continue with detention was unreasonable and outside of the range of possible and acceptable outcomes