immigration law
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It’s Nonsense But It Works
The Supreme Court’s latest administrative law decision is welcome, but it too is unsound in principle Continue reading
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A Cheer for Administrative Law
Administrative law can only do so much to avert injustice―but what it can do still matters Continue reading
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When Dicey Smiles
The Supreme Court upholds immigration detainees’ right to habeas corpus Continue reading
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Whatever
On Thursday, the Supreme Court handed down its decision in Kanthasamy v. Canada (Citizenship and Immigration), 2015 SCC 61, an immigration law case. Paul Daly expertly discusses takes apart the majority opinion from the administrative law perspective. For my part, I will deal with the substance of the decision. While I’m not an immigration law aficionado, I do have Continue reading
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The Scope of Smuggling
On Friday, the Supreme Court issued a pair of decisions clarifying the scope of the provisions of the Immigration and Refugee Protection Act (IRPA, among friends) relative to “people smuggling” ― the transportation to or across international borders of consenting individuals who lack the authorization to cross the borders in question. In B010 v. Canada (Citizenship Continue reading
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Down with Hypocrisy, Again
Over at Democratic Audit UK, Mollie Gerver has an interesting post arguing that the European Union should decriminalize people smuggling ― that is, helping consenting individuals to cross borders which they lack permission to cross, in exchange for payment. (Consent is very important here: it’s what distinguishes “smuggling” from “trafficking,” the moving of people by force Continue reading
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Organized Hypocrisy
I want to come back to the issue of human smuggling. I posted yesterday about R. v. Appulonappa, 2013 BCSC 31, a decision of the B.C. Supreme Court striking down the provision of the Immigration and Refugee Protection Act (IRPA among friends or former federal court clerks) which criminalized aiding people to come to Canada without the papers Continue reading
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Smuggling Intentions
Last week the Supreme Court of British Columbia declared Canada’s prohibition on human smuggling, s. 117 of the Immigration and Refugee Protection Act, S.C. 2001, c. 27, [IRPA] unconstitutional because overbroad. S. 117 provides that, under pain of severe penalties, [n]o person shall knowingly organize, induce, aid or abet the coming into Canada of one Continue reading
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Federal Court Roulette
Professor Sean Rehaag of Osgoode Hall has recently posted on SSRN a disturbing statistical analysis of the Federal Court of Canada’s decisions on applications for judicial review of refugee protection determinations by the Immigration and Refugee Board. His main conclusion, based on a study of more than 20,000 cases filed between 2006 and 2010, is Continue reading
Double Aspect 