#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.

Avsnitt(220)

#210 - Would You Pass the Citizenship Test?

#210 - Would You Pass the Citizenship Test?

In this lighter episode of Borderlines, we take a break from the usual deep dives into immigration law to tackle something every new Canadian faces: the citizenship test.We start with a quick overview...

31 Mars 35min

#209 - Huge Mandamus Decision by the Federal Court of Appeal

#209 - Huge Mandamus Decision by the Federal Court of Appeal

A discussion of the Federal Court of Appeal's decision in Benison v. Canada (Royal Canadian Mounted Police External Review Committee), 2026 FCA 53. The decision opens with the following Supreme Court ...

25 Mars 17min

#208 - Proving Canadian Ancestry, with Amandeep Hayer and Lisa Middlemiss

#208 - Proving Canadian Ancestry, with Amandeep Hayer and Lisa Middlemiss

We are joined once again by Amandeep Hayer and Lisa Middlemiss, to discuss citizenship by descent post Bill C-3With thousands of people, particularly Americans, now exploring whether they qualify for ...

16 Mars 56min

#207 - Mobility Rights Under the Charter

#207 - Mobility Rights Under the Charter

Do Canadians have the right to travel throughout the country? A discussion of the Supreme Court of Canada decision in Taylor v. Newfoundland and Labrador, 2026 SCC 5. Topics discussed include the d...

12 Mars 16min

#206 - The Importance of the Canadian Senate, with Senator Paula Simons

#206 - The Importance of the Canadian Senate, with Senator Paula Simons

In this impromptu episode, we get a first person account of how one social justice advocate made the leap from journalist to Senator. The conversation is full of insight into the role that Senate play...

11 Mars 38min

#205 - Former CBSA Chief On Immigration Investigations & Removal Priorities

#205 - Former CBSA Chief On Immigration Investigations & Removal Priorities

Former CBSA Chief Christian Lane explains how CBSA immigration investigations and deportations work in Canada.Topics discussed include CBSA investigative priorities, removals, organized crime investig...

9 Mars 56min

 #204 - Stop Bill C-12! With Sharry Aiken

#204 - Stop Bill C-12! With Sharry Aiken

This epsiode offers insight into Professor Aiken's ongoing efforts to raise concern with Bill C-12 (the Stronger Borders legislation currently before Senate) -- both with the Canadian government, and ...

6 Mars 41min

#203 - New Express Entry Manager Category (2026): Who Actually Qualifies — and Who Doesn’t

#203 - New Express Entry Manager Category (2026): Who Actually Qualifies — and Who Doesn’t

This was originally intended to be a YouTube only episode but several podcast listeners asked that we add it to the audio-only feed as well. A break down the new Express Entry categories announced on ...

5 Mars 7min

Populärt inom Politik & nyheter

aftonbladet-krim
svenska-fall
p3-krim
rss-krimstad
flashback-forever
spar
rss-sanning-konsekvens
rss-vad-fan-hande
aftonbladet-daily
motiv
politiken
rss-klubbland-en-podd-mest-om-frolunda
rss-aftonbladet-krim
grans
rss-krimreportrarna
olyckan-inifran
krimmagasinet
rss-flodet
rss-frandfors-horna
dagens-eko