#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(220)

#155 - A Plan to Attract Talent to Canada, with Martin Basiri

#155 - A Plan to Attract Talent to Canada, with Martin Basiri

Martin Basiri is a Co-Founder and the former Chief Executive Oofficer of ApplyBoard, a Start-Up Visa Program company that in 2021 reached a valuation of $3.2-billion. He is currently the Founder of an...

1 Huhti 202559min

#154 - Expanding The Presumption of Innocence to Immigration Law

#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 provinc...

27 Maalis 202527min

#153: The Big Reveal: Home Care Worker Immigration Pilot Programs

#153: The Big Reveal: Home Care Worker Immigration Pilot Programs

Deanna discusses the new Ministerial Instructions rolling out the long awaited caregiver pilots on 31 March 2025. Hosted on Acast. See acast.com/privacy for more information.

26 Maalis 202531min

#152 - Revoking Elon Musk's Canadian Citizenship, with Amandeep Hayer

#152 - Revoking Elon Musk's Canadian Citizenship, with Amandeep Hayer

Over 300,000 Canadians have signed a petition calling on the government to revoke Elon Musk's citizenship. Is this possible, and should it be? We also discuss the ongoing saga about changes to the law...

21 Maalis 202548min

#151 - Mark Carney, The Liberal Leadership Race, and Canadian Immigration, with Chantal Desloges

#151 - Mark Carney, The Liberal Leadership Race, and Canadian Immigration, with Chantal Desloges

Chantal Desloges is an immigration lawyer in Toronto. We discuss what the various Liberal leadership candidates have pledged regarding Canadian immigration policy, with a focus on Mark Carney and a sp...

7 Maalis 202538min

#150 - Capping Immigration Applications from India

#150 - Capping Immigration Applications from India

Kubeir Kamal is a regulated immigration consultant in Toronto. In October, 2024, Quebec announced that it was limiting the number of foreign nationals invited from any one country in its Regular Skill...

4 Maalis 202554min

#149 - Incomplete Applications

#149 - Incomplete Applications

In this episode, we break down IRCC's practice of rejecting applications for incompleteness, often for minor technical issues. Effectively a form of stats manipulation, this practice creates a mislea...

26 Helmi 202534min

#148 - The Vietnamese Boat People, with Misty Ty and Mymy Huynh

#148 - The Vietnamese Boat People, with Misty Ty and Mymy Huynh

Misty Ty is a documentary film maker. Her father, Robert Ty, was the owner of a shipping company whose cargo ship, The Tung An, encountered a fishing vessel with over 200 people. Misty Ty was one of t...

18 Helmi 202550min

Suosittua kategoriassa Politiikka ja uutiset

uutiscast
aikalisa
politiikan-puskaradio
ootsa-kuullut-tasta-2
rss-ootsa-kuullut-tasta
tervo-halme
rss-podme-livebox
rss-asiastudio
otetaan-yhdet
rss-raha-talous-ja-politiikka
the-ulkopolitist
et-sa-noin-voi-sanoo-esittaa
linda-maria
rss-vaalirankkurit-podcast
rss-polikulaari-pitka-kiekko-ja-muut-ts-podcastit
rss-hyvaa-huomenta-bryssel
rss-sinivalkoinen-islam
rss-tasta-on-kyse-ivan-puopolo-verkkouutiset
rss-girls-finish-f1rst
rss-ulkopoditiikkaa