Law Commons^™

Return Of The Chancellor's Foot?: Discretion In Permanent Resident Deportation Appeals Under The Immigration Act, Richard Haigh, Jim Smith

Osgoode Hall Law Journal

This article examines recent changes to section 70 of the Immigration Act that allow the minister of immigration to deport Canadian permanent residents who are determined to be a danger to the public without proper procedural safeguards. The authors argue that much of both current theoretical literature on discretion and the history of the development of discretion within the immigration scheme are against these changes. By analyzing how discretion is employed in other, similar, public safety regimes, the authors show that the recent changes violate individual rights and will very likely create more intractable problems than those they set out …