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Canada is a signatory of the United Nations' 1951 Convention Relating to the Status of Refugees and its 1967 Protocol, which forbids imposition of penalties on refugees who may have entered in contravention to national laws in order to seek protection; but that applies only to claimants while their case is being processed and to persons ...
Canada (Minister of Employment and Immigration) v Chiarelli, [1992] 1 S.C.R. 711 is a leading Canadian case on the constitutionality of the deportation regime.The court held that the deportation a permanent resident who has violated a condition of admission to Canada does not violate any principle of fundamental justice under section 7 of the Canadian Charter of Rights and Freedoms.
The Immigration Act, 1976, insured by the Parliament of Canada, was the first immigration legislation to clearly outline the objectives of Canadian immigration policy, define refugees as a distinct class of immigrants, and mandate the Canadian government to consult with other levels of government in the planning and management of immigration.
The law is the most recent iteration of several proposed bills introduced to previous parliaments. In 2005, New Democratic Party member of Parliament Bill Siksay introduced a bill in the House of Commons to explicitly add "gender identity or expression" as prohibited grounds of discrimination in the Canadian Human Rights Act .
In United States immigration law, marriage not made in good faith and for purposes of immigration fraud is a felony, subject to a penalty of a US$250,000 fine and five-year prison sentence on the citizen, and deportation of the foreigner. [24]
In the 2007 case of Charkaoui v.Canada (Citizenship and Immigration), [5] Chief Justice Beverley McLachlin held that certain aspects of the scheme contained within the Act for the detention of permanent residents and foreign nationals on the grounds of national security violate s. 7 of the Canadian Charter of Rights and Freedoms by "allowing the issuance of a certificate of inadmissibility ...
Illegal immigration is the migration of people into a country in violation of that country's immigration laws, or the continuous residence in a country without the legal right to do so. Illegal immigration tends to be financially upward, from poorer to richer countries. [ 1 ]
Law v Canada (Minister of Employment and Immigration), [1999] 1 SCR 497 is a leading Supreme Court of Canada decision on section 15 of the Canadian Charter of Rights and Freedoms. The ruling is notable because the court created the Law test, a significant new tool that has since been used by Canadian courts for determining the validity of ...