To view a summary of the decision in Canadian Council for Refugees v Canada (Citizenship and Immigration), 2023 SCC 17 ("CCR"), see the first installment of this post here. In this follow-up article, I discuss my main takeaways from the Court's decision in CCR. As I agree with Kasirer J.'s well reasoned decision, I focus my […]
In Canadian Council for Refugees v Canada (Citizenship and Immigration), 2023 SCC 17 [CCR], the Supreme Court of Canada (the “Court” or “SCC”) unanimously confirmed the designation of the United States (“U.S.”) as a "safe third country" and appropriate partner with which Canada can share responsibility for considering refugee claims. The Court also took time […]
At issue in Mason v Canada (Citizenship and Immigration), 2023 SCC 21 [Mason] was whether “acts of violence” in s. 34(1)(e) of the Immigration Refugee and Protection Act, SC 2001, c 27 [IRPA] requires a nexus to national security, or relates only to violence broadly, in order to find a permanent resident or foreign national […]
On March 3, 2022, the Supreme Court of Canada (“SCC”) granted leave to appeal to Earl Mason, et al v Minister of Citizenship and Immigration, et al, SCC Case No 39855. This case is significant for being one of the first substantive appellate discussions of judicial review post-Vavilov (Canada (Minister of Citizenship and Immigration) v […]
In a spousal immigration decision at the Federal Court last month, the legal definition of a conjugal relationship was expanded to include couples who have different sexual orientations — in this case, a gay man and straight woman. In AP v Canada (Citizenship and Immigration), 2020 FC 906 [AP v Canada], Justice Janet M. Fuhrer […]
In July, the Federal Court released a long-awaited decision on the constitutionality of the Safe Third Country Agreement (“STCA”). Although the Federal Court (“FC”) found the STCA to be unconstitutional, the Canadian government has already filed an appeal to the Federal Court of Appeal (“FCA”), meaning that a final verdict on whether the STCA violates […]
Until late March 2019, when Justice Keith Boswell struck down s.112(2)(b.1) of the Immigration and Refugee Protection Act, SC 2001, c 27 [IRPA], refugee claimants from certain “designated” countries were required to wait for two years longer compared to all other refugee claimants for a risk assessment of their removal from Canada. Two weeks ago in Feher v […]
In Tran v Canada (Public Safety and Emergency Preparedness) 2017 SCC 50 [Tran], the Supreme Court of Canada (“SCC”) applied principles of statutory interpretation to answer two questions: First, does a ‘term of imprisonment’ under section 36(1)(a) of the Immigration and Refugee Protection Act, SC 2011, c 27 [IRPA] include conditional sentences? Second, is the […]
Canada has used the process of issuing a "certificate of inadmissibility," also known as a "security certificate," to detain and remove foreign nationals suspected of being involved with terrorist activity. That process is legislated under the Immigration and Refugee Protection Act, SC 2001, c 27 [IRPA], which has been the subject of several Charter challenges […]