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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.
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 ...
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 ...
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.
Suresh v Canada (Minister of Citizenship and Immigration) is a leading decision of the Supreme Court of Canada in the areas of constitutional law and administrative law.The Court held that, under the Canadian Charter of Rights and Freedoms, in most circumstances the government cannot deport someone to a country where they risk being tortured, but refugee claimants can be deported to their ...
Canada (AG) v Ward, [1993] 2 S.C.R. 689 was a landmark refugee law case decided by the Supreme Court of Canada. It was significant for clarifying what constitutes a "well-founded fear of persecution" when making a claim for Convention refugee status.
Full case name: Minister of Citizenship and Immigration v. Sukhvir Singh Khosa: Citations: 2009 SCC 12, [2009] 1 SCR 339: Docket No. 31952 [1] Prior history: Judgment for Khosa in the Federal Court of Appeal. Ruling: Appeal allowed. Holding; Courts should give a measure of deference to administrative tribunal decisions.
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 ...