#178 - Constitutional Protections in the Canadian Immigration field
Borderlines27 Aug 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.

Episoder(221)

#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 Feb 202550min

#147 - A Debate on Banning Immigration Consultants, with Former Visa Officer Martin Levine

#147 - A Debate on Banning Immigration Consultants, with Former Visa Officer Martin Levine

Martin Levine was a Visa Officer and Analyst at Citizenship and Immigration Canada from 1978 – 2009. He then worked as a contract employee as an ATIP Analyst for numerous federal departments. He previ...

11 Feb 20251h 23min

#146 - Employment Law for Immigrants and Foreign Workers, with Erin Brandt

#146 - Employment Law for Immigrants and Foreign Workers, with Erin Brandt

Erin Brandt is a co-founder of PortaLaw, a Vancouver law firm which specializes in employment law. Audience submitted questions that we discuss include: Is it illegal for employers to not provide refe...

4 Feb 202556min

#145 - Minister Miller Blackmails the Provinces on Immigration Levels, plus IRCC Refusals of Provincial Nominees

#145 - Minister Miller Blackmails the Provinces on Immigration Levels, plus IRCC Refusals of Provincial Nominees

This episode answers a listener topic request about an increase in IRCC refusals of provincial nominees. As well, Steven offers his unimpressed thoughts on Marc Miller's recent statement in response t...

30 Jan 202528min

#144 - Restricting Open Spousal Work Permits

#144 - Restricting Open Spousal Work Permits

On January 21, 2025, IRCC restricted the availability of open spousal work permits to principal applicants working in certain "skilled" professions. Family open work permits are now limited to spouses...

28 Jan 202519min

#143 - The Economics of Deporting 1,000,000 Temporary Residents, with Christopher Worswick

#143 - The Economics of Deporting 1,000,000 Temporary Residents, with Christopher Worswick

Christopher Worswick is a Professor of Economics at Carleton University. We discuss the economics of Canada's plan to reduce its population, and specifically that 1,000,000 - 2,000,000 foreign student...

21 Jan 20251h 2min

#142 - Options for International Students Narrowing in 2025, Asylum Claims Increasing, with Lisa Brunner

#142 - Options for International Students Narrowing in 2025, Asylum Claims Increasing, with Lisa Brunner

Lisa Brunner is a Postdoctoral Research Fellow at the University of British Columbia (UBC) Centre for Migration Studies.We discuss the current situation international students are facing, the gaslight...

14 Jan 202552min

#141 - A New Problem with Visitor Records and Leaving Canada

#141 - A New Problem with Visitor Records and Leaving Canada

On this episode, Steve and Deanna discuss the effect of cross-border travel on the validity of a visitor record. The question is: do they become invalidated by travel outside Canada? The topic was rai...

8 Jan 202524min

Populært innen Politikk og nyheter

giver-og-gjengen-vg
aftenpodden
aftenpodden-usa
forklart
popradet
stopp-verden
det-store-bildet
fotballpodden-2
nokon-ma-ga
dine-penger-pengeradet
rss-gukild-johaug
hanna-de-heldige
lydartikler-fra-aftenposten
rss-ness
aftenbla-bla
rss-dannet-uten-piano
rss-utenrikskomiteen-med-bogen-og-grasvik
chit-chat-med-helle
rss-penger-polser-og-politikk
e24-podden