#178 - Constitutional Protections in the Canadian Immigration field
Borderlines27 Elo 2025

#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 Bjorkquist case, in which the Ontario Superior Court held that the Canadian Citizenship Act's "second-generation cut-off rule" was unconstitutional. Choudhry also describes his involvement in subsequent proceedings in which Canada has repeatedly failed to comply with court-ordered mandates to correct the non-compliance.

We also delve into test case litigation at the crossroads of immigration and constitutional law. Choudhry describes factors he considers in selecting test cases, techniques for managing participants in a class action, choosing a venue (i.e. why proceed at federal vs. provincial court - ?), and factors that make issues at the nexus of immigration and constitutional law such a hotspot for strategic litigation.

Finally, we discuss Bill C-2 (currently before the House), which proposes fundamental changes to the Canadian immigration scheme (not to mention privacy law, criminal, charitable, anti-terrorism, etc). Our focus is on allegations that the law proposed may not be Charter compliant, which leads to braoder consideration of the government's decision to introduce this legislation in the first place.


Hosted on Acast. See acast.com/privacy for more information.

Jaksot(221)

#53 - Thoughts on Starting a Career in Immigration Law, with Joshua Sohn

#53 - Thoughts on Starting a Career in Immigration Law, with Joshua Sohn

Joshua Sohn practiced immigration law for over 25 years. He is a past president of the Canadian Bar Association’s Immigration section. He worked both as a sole practicioner, at a small firm and at a ...

14 Huhti 20211h 6min

#52 - Ranking Economic Immigrants and Listener Q&A, with Professor Asha Kaushal

#52 - Ranking Economic Immigrants and Listener Q&A, with Professor Asha Kaushal

A discussion of the philosophy behind economic immigration, how Canada ranks economic immigrants, Ministerial Instructions and listener Q&A. Ashal Kaushal is an Assistant Professor at the University o...

31 Maalis 20211h 32min

#51 - Inadmissibility to Canada for Committing a Criminal Offence, with Sania Chaudhry

#51 - Inadmissibility to Canada for Committing a Criminal Offence, with Sania Chaudhry

A discussion of when someone can be inadmissible to Canada for having committed a crime which doesn’t lead to a conviction. Cases referenced are Garcia v. Canada (Citizenship and Immigration), 2021 FC...

18 Maalis 20211h 3min

#50 - Membership in a Terrorist Organization and Immigration, with Hart Kaminker

#50 - Membership in a Terrorist Organization and Immigration, with Hart Kaminker

A discussion of s. 34(1)(f) of Canada's Immigration and Refugee Protection Act, which provides that a foreign national or permanent resident is inadmissible for being the member of an organization tha...

3 Maalis 20211h 17min

#49 - The Supreme Court of Canada decision in Chieu and the Ribic Factors

#49 - The Supreme Court of Canada decision in Chieu and the Ribic Factors

Chieu v. Canada (Minister of Citizenship and Immigration), 2002 SCC 3 was a landmark Supreme Court of Canada which affirmed the use of the Ribic factors in the H&C assessment. We discuss these factor...

17 Helmi 202153min

#48 - Responding to Procedural Fairness Letters, with Raj Sharma

#48 - Responding to Procedural Fairness Letters, with Raj Sharma

A discussion about responding to procedural fairness letters with digressions on possible bias against people from Punjab, unreasonable documentation requests, tunnel vision amongst visa officers, how...

4 Helmi 20211h 18min

#47 - Universal Basic Income and Canadian Immigration

#47 - Universal Basic Income and Canadian Immigration

This episode is about the concept of a universal basic income and how it would work in Canada. We are joined by Sheila Regehr and Sameer Nurmohamed of Basic Income Canada Network. We discuss which ty...

20 Tammi 20211h 7min

#46 - An Interview with Sergio Marchi, Canada's Immigration Minister from 1993-1995

#46 - An Interview with Sergio Marchi, Canada's Immigration Minister from 1993-1995

Sergio Marchi was Canada’s Minister of Citizenship and Immigration from 1993-1995. 3:00 – Does someone keep the Minister title their whole life? 4:50 – What was the political consensus regarding Canad...

4 Tammi 202157min

Suosittua kategoriassa Politiikka ja uutiset

uutiscast
aikalisa
politiikan-puskaradio
ootsa-kuullut-tasta-2
rss-ootsa-kuullut-tasta
rss-pinnalla
rss-vaalirankkurit-podcast
tervo-halme
rss-podme-livebox
rss-tasta-on-kyse-ivan-puopolo-verkkouutiset
rss-asiastudio
aihe
the-ulkopolitist
otetaan-yhdet
et-sa-noin-voi-sanoo-esittaa
rss-girls-finish-f1rst
rikosmyytit
rss-polikulaari-pitka-kiekko-ja-muut-ts-podcastit
rss-50100-podcast
linda-maria