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Pushpanathan v Canada (Minister of Citizenship and Immigration) is a leading decision of the Supreme Court of Canada on the standard of review in Canadian administrative law. The Court held that a decision of the Immigration and Refugee Board should be reviewed on the standard of "correctness."
Vavilov concerns the proper interpretation of a provision of the Citizenship Act as applied to Alexander Vavilov. Vavilov was born in Toronto in 1994 to Donald Heathfield (born Andrey Bezrukov) and Tracey Foley (born Elena Stanislavovna Vavilova), who were foreign nationals residing in Canada working for the Russian Foreign Intelligence Service (SVR) under the auspices of the Illegals Program.
The Court began by canvassing the recent history of administrative law decisions on the standard of review, including Canadian Union of Public Employees, Local 963 v New Brunswick Liquor Corp, Crevier v Quebec (AG), Canada (Director of Investigation and Research) v Southam Inc and Pushpanathan v Canada (Minister of Citizenship and Immigration ...
In Canadian labour law, the Rand formula (also referred to as automatic check-off and compulsory checkoff) [1] is a workplace compromise arising from jurisprudence struck between organized labour (trade unions) and employers that guarantees employers industrial stability by requiring all workers affected by a collective agreement to pay dues to the union by mandatory deduction in exchange for ...
The Minister of Citizenship and Immigration issued a security certificate under section 34 of the Immigration and Refugee Protection Act (IRPA) for Mohamed Harkat, an Algerian living in Canada, on the basis that they reasonably believed he was supporting terrorist activity. The certificate was reviewed by a Federal Court judge under section 77 ...
The court looked to English jurisprudence, in which a common law right to reasons in certain circumstances has developed in the case law. [3] The court found that it would be unfair for the Minister not to provide written reasons for refusing an application in a case such as this where the decision has such significance for the individual and ...
A select number of decisions from the courts of appeal have proven to be the leading case law in a number of fields and have subsequently been adopted across all provinces, or else they are famous decisions in their own right. Most frequently the decisions were never appealed or were denied leave to the Supreme Court of Canada. The notable ...
The Supreme Court ruling became known as the Singh decision. It led to Canada's refugee determination system becoming one of the most liberal in the world, but it also became one of the most expensive. [4] The ruling left the Department of Immigration with what Grey described as "an unbearable backlog and administrative chaos".