By Siena Anstis and Molly Joeck This blog post is a summary of an article entitled “Detaining the Uncooperative Migrant”, which was recently published in a special issue of Osgoode Hall’s Journal of Law and Social Policy on prisoners, detention, and abolition.
By Erin Roth What does Canada consider a terrorist organization? If a person has given thought to this matter, the answer is likely ‘any organization designated by the Minister under Canada’s Anti-Terrorism Act’. Indeed, the Minister of Public Safety does keep a list and this list does contain individuals and organizations that Canada has determined [...]
By Will Tao On 2 September 2020, Immigration, Refugees and Citizenship Canada (IRCC) released new instructions which help to further clarify that Canada Border Services Agency (CBSA) and partner Airline companies, would be responsible for ultimately determining whether international students would be able to travel to Canada to begin/resume studies as a result of COVID-19 [...]
By Erica Olmstead Refugee Law 101: A person will be found to be a ‘Convention refugee’ if they face a well-founded fear of persecution in their home country, based on a nexus ground, like race, religion, or political opinion, under s. 96 of the Immigration and Refugee Protection Act. The “well-founded fear” standard lies below [...]
By Will Tao In the recent decision of Ouansa v. Canada (Citizenship and Immigration), 2020 FC 632 (CanLII), Justice Favel allowed the judicial review of Mr. Ouansa, an Algerian national, on the basis that the refusal of his Temporary Resident Permit (“TRP”) Application was not reasonable. The Applicant (as commonly done in the course [...]
By Efrat Arbel and Molly Joeck* This blog post was originally posted on the University of Oxford Law Faculty’s Border Criminologies website as part of a themed series on border control and Covid-19. Please click here to be redirected to the original post. Mission Institution, a medium security federal correctional facility in British Columbia [...]
By Erin C. Roth In criminal law, a well-founded defence will absolve criminal liability. A defence is not an element of the offence, but rather excuses the defendant’s conduct as “morally involuntary”. As the Supreme Court explained in R. v. Ruzic, 2001 SCC 24: “It is a principle of fundamental justice that only voluntary conduct [...]
By Will Tao The Lo Decision In Lo v. Canada (Citizenship and Immigration) 2020 FC 684, Justice Elliot heard the judicial review of a Sponsor who received a negative decision from the Immigration Appeal Division relating to his sponsorship. The IAD found that the Applicant did not demonstrate on a balance of probabilities that his marriage was genuine and [...]
By Erica Olmstead Section 7 of the Charter guarantees that “everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.” The s. 7 analysis is concerned with capturing inherently bad laws: that is, laws that take [...]
By Will Tao Five Immigration Tips for Coming Out of the Pandemic (Part 1) As the first wave of COVID-19 comes to an end in Canada, and immigration processes start resuming, albeit at a slower pace, we should be prepared for a new normal. I want to point out at the outset that it is [...]