#154 - Expanding The Presumption of Innocence to Immigration Law
Borderlines27 Maalis 2025

#154 - Expanding The Presumption of Innocence to Immigration Law

On March 14, 2025, the Supreme Court of Canada released its decision in John Howard Society of Saskatchewan v. Saskatchewan (Attorney General), 2025 SCC 6.


Prior to the case, in Saskatchewan’s provincial correctional institutions, inmates charged with disciplinary offences had to appear before a disciplinary panel, where the standard of proof was a balance of probabilities, even for major offences that may result in up to 10 days of disciplinary segregation or the loss of up to 15 days of earned remission.


The Supreme Court found that this violated sections 7 and 11(d) of the Charter, and held that to the extent that the law permitted the imposition of disciplinary segregation and loss of earned remission for an inmate disciplinary offence on a lower standard of proof, it is inconsistent with the Constitution and must therefore be declared to be of no force or effect.


As noted by the dissent, the case could have implications for Canadian immigration law.

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#179 - Abolish the Foreign Worker Program?

#179 - Abolish the Foreign Worker Program?

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#178 - Constitutional Protections in the Canadian Immigration field

#178 - Constitutional Protections in the Canadian Immigration field

On this episode of the Borderlines podcast, Deanna Okun-Nachoff and guest co-host Zeynab Ziaie Moayyed speak with constitutional law guru Sujit Choudhry. We discuss Choudhry's work on the landmark Bjo...

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#177 - Agents, Fees, and Broken Promises

#177 - Agents, Fees, and Broken Promises

A discussion about Mac’s Convenience Stores Inc. v. Basyal, 2025 BCCA 284. Hosted on Acast. See acast.com/privacy for more information.

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#176 - Canadian Immigration in 2027

#176 - Canadian Immigration in 2027

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#175 - August Crimmigration Updates

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#174 - Bill C-2, Carney's Big Beautiful Border Bill

#174 - Bill C-2, Carney's Big Beautiful Border Bill

We conduct a comprehensive analysis of the immigration implications of Bill C-2, an omnibus bill tabled by the federal government that significantly expands government authority and introduces sweepin...

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#173 - Bill C-3 - Expanding Canadian Citizenship by Descent

#173 - Bill C-3 - Expanding Canadian Citizenship by Descent

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[Repost] #43 - An Interview with John McCallum, Canada's Immigration Minister from 2015-2017

[Repost] #43 - An Interview with John McCallum, Canada's Immigration Minister from 2015-2017

This episode is a repost of our interview with John McCallum, Canada's Minister of Citizenship and Immigration from November 2015 to January 2017. He passed away on June 15, 2025. A Member of Parliame...

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