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Full-Text Articles in Law
Factum Of The Charter Committee On Poverty Issues: In The Supreme Court Of Canada On Appeal From The Federal Court Of Appeal Between Mavis Baker, Appellant. And The Minister Of Citizenship And Immigration, Respondent., John Terry, Craig Scott
Factum Of The Charter Committee On Poverty Issues: In The Supreme Court Of Canada On Appeal From The Federal Court Of Appeal Between Mavis Baker, Appellant. And The Minister Of Citizenship And Immigration, Respondent., John Terry, Craig Scott
Commissioned Reports, Studies and Public Policy Documents
This appeal is about the validity of the decision of the Minister of Citizenship and Immigration (the "Minister") to deny Mavis Baker's application for permanent residence on humanitarian and compassionate grounds and, in all likelihood, separate her from her children.
Return Of The Chancellor's Foot?: Discretion In Permanent Resident Deportation Appeals Under The Immigration Act, Richard Haigh, Jim Smith
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 …