Similarly, there is a danger with using notions like criminality without caveats or qualification in Bill C16 or elsewhere when refugees are concerned. It is all too easy for some States to trump up criminal charges against the politically undesirable - indeed this can be an aspect of persecution or it can be an aspect of the widespread mistreatment of refugees by grudging host governments. It seems the Canadian parliament was willing in principle to let citizens who faced removal or voiding of their citizenship to have access to a court. But the Federal court is not the court most people in Canada face for life and death issues. The referral type of access at least brings uncertainties.
Judicial review is limited.
Most people go to Provincial Court for important matters. Provincial courts enjoy powers to protect persons from power excesses under ancient tried and tested common law. Persons can appeal as of right and then seek leave to the Supreme Court. For example Bill C16 sets out ways of accessing the court. It is therefore incongruous for the Bill to fail to ensure that the refugee citizen will enjoy the same high standards of justice as protection against inappropriate removal or voiding of that citizenship.