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Baker v Canada (Minister of Citizenship and Immigration), [1999] 2 SCR 817 is a leading Canadian administrative law decision of the Supreme Court of Canada. The Court provided guidance on the standard of judicial review of administrative decisions. The issue was what standard of procedural fairness should be applied when considering the ...
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 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.
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.
Canada took a strict view on immigration in the early 1970s. At this time the only way for a foreigner already inside Canada to become a permanent resident was through a claim to convention refugee status, and high numbers of claims led the Department of Employment and Immigration to believe that most were taking advantage of the system to stay and work in Canada.
Canadian nationality law details the conditions by which a person is a national of Canada.The primary law governing these regulations is the Citizenship Act, which came into force on February 15, 1977 and is applicable to all provinces and territories of Canada.
With increasing Indian/South Asian (primarily Punjabi Sikh) immigration to Canada between 1897 and 1907, the Continuous journey regulation was passed in 1908 to prevent Asian immigrants from entering Canada unless they arrived from their birth country; since there was no direct route to Canada from India, the law effectively barred Indian ...
Judge Denault held that there were reasonable grounds to believe that Baroud is or was a member of an organization that there were reasonable grounds to believe is or was engaged in terrorism. [10] [3] [11] Baroud argued that section 40.1 of the Immigration Act was unconstitutional and breached the Canadian Charter of Rights and Freedoms. [12]