#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(222)

#22 - The Implications of the Supreme Court of Canada Decision in R v. Wong

#22 - The Implications of the Supreme Court of Canada Decision in R v. Wong

R v. Wong is a 2018 Supreme Court of Canada decision in which the Supreme Court of Canada had to determine whether a person could withdraw a guilty plea if they they did not know that their pleading g...

24 Juli 201848min

#21 - What a Thirty Year Career as an Immigration Lawyer was Like, with Darryl Larson

#21 - What a Thirty Year Career as an Immigration Lawyer was Like, with Darryl Larson

Darryl Larson practiced immigration law in Vancouver, British Columbia for almost thirty years. He was a former Chair of the Canadian Bar Association of British Columbia's Immigration Section, counse...

18 Juni 201859min

#20 - Canadian Medical Inadmissibility Law, with Erin Roth

#20 - Canadian Medical Inadmissibility Law, with Erin Roth

Deanna and Erin Roth discuss issues in Canadian medical inadmissibility law.  When can someone be inadmissible to Canada because they have a serious medical condition?  How does one confront such an a...

15 Maj 201846min

#19 - An Introduction to Canadian Extradition Law, with Amanda Lord

#19 - An Introduction to Canadian Extradition Law, with Amanda Lord

Amanda Lord is a lawyer in the Criminal Law and International Assistance group at the Department of Justice of Canada. Her work involves court proceedings regarding Extradition and Mutual Legal Assist...

24 Apr 20181h 10min

#18 - The Deportation Consequences of Criminal Records

#18 - The Deportation Consequences of Criminal Records

The Supreme Court of Canada in October issued its decision in R v. Tran, a case which Peter litigated. Deanna, Peter and Steve discuss the issues that the Supreme Court addressed in this landmark dec...

11 Dec 20171h 22min

#17 - Issues with PreClearance at Customs, with Michael Greene

#17 - Issues with PreClearance at Customs, with Michael Greene

The Liberal Government of Canada has introduced legislation that will expand the use of preclearance facilities by United States border officials in Canada, and authorize Canada to set up such facilit...

27 Sep 20171h 1min

#16 - The History of the Immigration Consultant Profession in Canada, with Ron McKay

#16 - The History of the Immigration Consultant Profession in Canada, with Ron McKay

In this episode we discuss the history of the immigration consultant profession in Vancouver and current issues that the profession faces from a regulatory and governance perspective.Ron McKay is a pa...

11 Juli 20171h 9min

#15 - New Can Consulting and the Biggest Immigration Fraud in Vancouver History, with Gordon Maynard

#15 - New Can Consulting and the Biggest Immigration Fraud in Vancouver History, with Gordon Maynard

Xun (Sunny) Wang was a ghost consultant who is estimated to have made $10 million by filing fraudulent immigration applications for clients of his two firms, New Can Consulting and Well Long Enterpris...

11 Apr 20171h

Populärt inom Politik & nyheter

aftonbladet-krim
svenska-fall
p3-krim
rss-krimstad
blenda-2
flashback-forever
politiken
rss-sanning-konsekvens
aftonbladet-daily
rss-vad-fan-hande
motiv
grans
rss-krimreportrarna
spar
svd-ledarredaktionen
dagens-eko
rss-frandfors-horna
rss-flodet
olyckan-inifran
rss-klubbland-en-podd-mest-om-frolunda