There is a TEENY problem with that solution as it is contrary to the international treaties and conventions to which Canada is signatory and which have been passed into our domestic law in the Immigration and Refugee Protection Act.

Based on the SCOC decision of over three decades ago in Singh v. Minister of Employment and Immigration, [1985] 1 S.C.R. 177 the Charter would also present a bit of a hurdle.

"Per Dickson C.J. and Lamer and Wilson JJ.: Appellants, in the determination of their claims, are entitled to assert the protection of s. 7  of the Charter  which guarantees "everyone ... the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice". The term "everyone" in s. 7  includes every person physically present in Canada and by virtue of such presence amenable to Canadian law."