Taking away the humanitarian discretion for persons who are barred under sections 34, 35, and 37, taking away the appeal right may in some circumstances be seen to violate the charter, and they can violate it both in respect of section 7 issues around risk and section 7 in relation to children and family rights. That's the European court case law, based on the one that says you can't deport people who came as children. It's based on family rights.
On November 5th, 2012. See this statement in context.