In this assignment you will be representing Miguel at a 30-day detention review. He has been in immigration detention since April 2025. The object of the assignment is to draft a clearly written outline of the legal submissions for Miguel's case using relevant case law and taking into consideration the previous findings of the ID and then deliver high-quality oral submissions.

CIRCUMSTANCE LEADING TO DETENTION.

Your client, Miguel Obiang is a 31-year-old citizen of Equatorial Guinea who arrived in Canada in 2005 and was granted refugee status and subsequently permanent resident status. He and his family fled Equatorial Guinea due to political persecution and threats from militant groups. Miguel moved to Canada with his parents and two younger siblings. His family has been a stable and supportive presence in his life.

Miguel's parents are hardworking individuals who have integrated well into Canadian society. His father works as a mechanic, and his mother is employed as a teacher's assistant. Both are respected members of their community and have no criminal records. Samuel's siblings are also doing well; his sister is studying nursing, and his brother is in high school.

Despite his family's positive influence, Miguel has a long history of criminal activity starting in 2017, which includes charges and convictions for violent crimes such as assault with a weapon and robbery, firearm offences, drug offences, and a failure to appear offence.

In 2020, a section 44 report was issued against Miguel on the grounds of section 36(1)(a) of the Immigration and Refugee Protection Act(IRPA) for his convictions for firearms and drug offences. He was given credit for his pretrial custody and released on probation.He was referred to the Immigration Division for an admissibility hearing, but Miguel did not attend, leading to an immigration warrant for his arrest in 2021. He was arrested by CBSA officers in April 2022 and detained. A deportation order was issued in April 2022.Miguel was released from immigration detention in September 2022, subject to various terms and conditions.

In December 2023, he was again charged with numerous firearm offences and was detained in pre-trial custody pending his criminal trial. In February 2025, Immigration, Refugees and Citizenship Canada (IRCC) issued a danger opinion against Miguel.

Miguel's latest firearm charges were ultimately dismissed in April 2025 because of the delay in getting a trial date. He was however placed in immigration hold in April 2025. Since then, he has been transferred between various institutions, including maximum-security prisons, and has spent over 90 days in detention.

Despite monthly detention reviews since his detention in April 2025, Miguel has not been released. The Canada Border Services Agency (CBSA) has had difficulty securing travel documents from Equatorial Guinean authorities, as the country was recently plunged into civil war following a coup d'etat by rebel forces in December 2024. The Minister has not provided concrete plans or timelines for Miguel's removal. You are taking over this case from another consultant and will be representing Miguel at his next detention review for the first time.

Miguel has a wife and two young children (8 and 10 years old), all of whom are Canadian citizens and who live in Ontario. His wife is employed as a nurse, and his children are enrolled in local schools. Miguel's family is experiencing emotional and financial hardship due to his detention. His wife manages the household and cares for the children alone. Miguel has participated in rehabilitation programs both in and out of detention, including anger management and substance abuse counseling. He has community ties and has been involved in volunteer work at local shelters and community centers. He also has a retired aunt and uncle who are close family friends and who are willing to be a surety for him. They live in New Brunswick.

You intend to propose the retired aunt and uncle as bondspersons. They were not proposed by Miguel's previous consultant. Indeed, Miguel's wife was the only bondsperson presented at previous detention reviews.

SUMMARY OF PREVIOUS DR DECISIONS.

In previous detention reviews, the Member found grounds for Miguel's continued detention due to him being a flight risk (based on his past failure to appear) and a danger to the public (due the numerous violent criminal charges and convictions and a lack of rehabilitation evidence). The Member also found that removal to Equatorial Guinea was a realistic possibility, largely based on the Minister's assertion that the CBSA was working to obtain travel documents. Finally, the Member concluded that no viable alternatives to detention existed, finding the wife's offer of surety insufficient given Mr. Obiang's history and the wife's limited capacity for intensive supervision. The best interests of the child were considered, but the Member determined that the s. 248 factors did not favour release.

SUMMARY OF TESTIMONY OF PROPOSED BONDS PERSON.

Aunt and Uncle in New Brunswick (Mr. and Mrs. Gilpin)

Miguel's aunt and uncle stated they are deeply concerned about Miguel's situation and want to support him. They highlighted their long-standing relationship with Miguel since his family immigrated to Canada and the hardship his detention is causing his wife and children. They offered to have Miguel live with them in their home in New Brunswick, away from his previous issues, promising to ensure he attends appointments, reports to CBSA, and follows rules. They will monitor him closely. They noted that his recent charges were dropped and believe that he is remorseful and trying to improve. They have an annual fixed income of $75,000 and are willing to put up $7,500 of their savings as a bond.

Wife in Ontario (Leanne Obiang)

Miguel's wife, Leanne, stated that his detention has severely impacted their family and that their Canadian children deeply miss their father. While acknowledging that his past criminal behavior causes her pain, she believes he genuinely desires to change. She highlighted his program participation, her personal observations of him and numerous conversations. She emphasized their family's Canadian citizenship and believes their familial stability and Miguel's love for his children will motivate him to abide by release conditions. She again offered to act as his surety, ensuring his compliance and providing support, believing he deserves a chance to demonstrate his commitment to change within their family. (Note that the wife has no money or savings to put up as a bond.)

TESTIMONY OF PERSON CONCERNED.

Good morning. My name is Miguel Obiang. I'm 31 years old. I came to Canada when I was a teenager, back in 2005, with my parents and my little brother and sister. We came here because it wasn't safe for us back home in Equatorial Guinea. Canada's been my home since then. I grew up here. My whole life is here.

I know I've had problems in the past. I've been in trouble with the law, and I've made choices I'm not proud of. I'm not gonna sit here and pretend like that didn't happen. But I've been trying to do better. I've done programsanger stuff, drug stuff. I've been trying to figure myself out and not go back to that life. I've also helped out at shelters and community places when I was out. I'm not perfect, but I've been trying to stay on the right path.

I've been locked up since April. The charges I was in for got dropped because the court took too long. But I'm still here, in immigration hold. I've been moved around a lot, even to max security places. It's been over three months now. And I don't even know when or if I'm getting sent back. They say they're trying to get papers, but my country's in a war right now. There's no real plan. I'm just stuck. But if I have to go back, I am ready to do so. Even if my country's at war, if it all shakes out and I have to, I'm gonna go, even though I don't have anyone back home.

But I gotta let you know, my wife and kids are struggling. She's working full-time as a nurse and taking care of our two kids by herself. They're 8 and 10. They miss me. I talk to them when I can, but it's hard. I want to be there for them. I want to help out. I want to be a dad again.

I know the Board said before that I was a flight risk and a danger. I get that. But I've got a new plan now. My aunt and uncle in New Brunswick said I can live with them. They're retired, they're home all the time, and they're willing to keep an eye on me. They're even putting up money to make sure I follow the rules. I'd be far from where I got into trouble before. I'd have a quiet place to stay, people to support me, and no reason to mess up.

I'm not asking for a free pass. I just want a chance to show I can do better. I've got people who believe in me. I've got kids who need me. I'm ready to follow whatever conditions you give me. I just want to be out, with my family, and prove I can stay on track.

MINISTER'S SUBMISSION.

Madam Member, while the Minister acknowledges the good intentions of Mr. Obiang's aunt and uncle in New Brunswick and his wife here in Ontario who have all offered to act as sureties, we maintain that their proposals are insufficient to mitigate the significant flight risk and danger to the public that Mr. Obiang presents.

With respect to his aunt and uncle, while their willingness to provide support is noted, their physical distance - their location in another province - significantly diminishes their capacity to provide the close and consistent supervision necessary to ensure Mr. Obiang's compliance with release conditions. Their unfamiliarity with his current circumstances further weakens their ability to effectively monitor and prevent any behaviour that could jeopardize public safety or ensure that Mr. Obiang will show up for removal.

Regarding Mr. Obiang's wife, the Minister recognizes the hardship his detention imposes on her and their children. However, her primary responsibility as a working nurse and single parent necessarily limits the level of direct and constant supervision she can provide. While her emotional support is undoubtedly important, it does not equate to the dedicated monitoring required for an individual with Mr. Obiang's established pattern of serious criminal behaviour and disregard for legal processes.

The Minister respectfully submits that Mr. Obiang's extensive criminal record, including violent and firearm offences, coupled with his past failure to appear for an admissibility hearing, demonstrates a deeply concerning pattern. These are not isolated incidents; they constitute a history of behaviour that poses a clear risk. While the proposed sureties offer goodwill, their capacity to effectively control Mr. Obiang's actions and ensure his compliance with release conditions, given their respective circumstances such as their unfamiliarity, their capacity and ability to monitor, their age and retired status vis a vis his demonstrated history, is simply not sufficient to overcome the well-founded concerns regarding public safety and flight risk.

The Minister submits that continued detention remains the only reliable measure to address these serious concerns

Part 1: Preparations in Point Form

In point form, outline the structure and content of your oral submissions based on the case study below.

Your point-form notes should:

1. set out the central legal issues that need to be addressed at the detention review (i.e., a "roadmap" of your argument)
2. feature strong arguments made in favour of your client's release based on the facts provided and the applicable legal framework including both legislation and guidelines.

Remember to think to through your client's case carefully using the FILAC framework. Then, keep the CREAC structure in mind as you draft. Recall that the most persuasive argument is structured as a clear legal conclusion that is supported by reference to the relevant legal authority - legislation, case law and government policy where relevant - as applied to your client's specific facts.