Borderlines Podcast Episode 2 – Jennifer Bond on Refugee Resettlement and Ensuring that Legislation is Charter Compliant

28th Jul 2016 Comments Off on Borderlines Podcast Episode 2 – Jennifer Bond on Refugee Resettlement and Ensuring that Legislation is Charter Compliant

Last updated on October 23rd, 2020

Last Updated on October 23, 2020 by Steven Meurrens

Jennifer Bond joins Peter Edelmann and Steven Meurrens to discuss refugee resettlement and ensuring that legislation is Charter compliant.

Jennifer Bond is a professor at the University of Ottawa’s Faculty of Law, and is also a Special Advisor to Minister of Immigration, Refugees, and Citizenship.  Jennifer sat on the founding national executive of the Canadian Association of Refugee Lawyers and is founder and current co-director of the University of Ottawa’s Refugee Assistance Project, a multi-year, national initiative aimed at mitigating and researching the access to justice implications of Canada’s new refugee legislation. She is also the Faculty Coordinator of the University of Ottawa’s Refugee Hub, supervisor of the Refugee Law Research Team, and a member of the Public Law Group.

00:26 – 21:31- We discuss international refugee resettlement law. Specific topics include whether countries are obligated to resettle refugees, Canada’s commitment to resettle 25,000 Syrian refugees, and the role private sponsorship programs in the global refugee resettlement effort.  Jennifer also explained the security screening that Canada undertakes when it resettles refugees, and how this security process compares to Canada’s other immigration streams.  Finally, we asked Jennifer for her take on what we discussed last week, which is whether in the wake of the BREXIT vote and the United Kingdom leaving the European Union, the aslyum crisis in Europe, the potential rise of protectionism and isolationism in the United States with the election of Donald Trump, and now the recently failed coup in Turkey, Canada can continue to buck global trends and remain a nation that loudly and publicly announces its intentions to continue to welcome a record number of immigrants and refugees.

 » Read more about: Borderlines Podcast Episode 2 – Jennifer Bond on Refugee Resettlement and Ensuring that Legislation is Charter Compliant  »

Read more ›

Can the Federal Court Order Continued Detention

18th Jul 2016 Comments Off on Can the Federal Court Order Continued Detention

Last Updated on July 18, 2016 by Steven Meurrens

The Federal Court in Canada (Public Safety and Emergency Preparedness) v. Lunyamila has certified the following question of general importance:

Does the Federal Court have jurisdiction to usurp the jurisdiction of the Immigration Division of the Immigration and Refugee Board of Canada to order the release of the detainee pursuant to the Immigration and Refugee Protection Act, SC 2001, c 27, by ordering that the detainee shall remain in detention until further Court order?

The timeline giving rise to the question was as follows:

5 January 2016
Mr. Lunyamila is ordered released from detention. The very same day the Minister applied for leave and judicial review under docket number IMM-63-16 and obtained an interim stay from Madam Justice Simpson.

8 January 2016
Mr. Justice Shore extended the interim stay to 19 January as a transcript of the hearing was not yet available.

20 January 2016
Mr. Justice Shore granted an interlocutory stay. While he noted that there would be another 30-day review upcoming and that the case might possibly be heard on an expedited basis he stayed the release “until the application for leave and judicial review is determined on the merits.”

2 February 2016
Mr. Lunyamila was again ordered released by the IRB. The Minister again was able to file an application for leave and judicial review that day under IMM-502-16 and obtain an interim stay of release from Mr. Justice Mosley, in effect until 16 February.

16 February 2016
Mr. Justice Simon Noël set a timetable with respect to both the January and February decisions, leading to the applications for leave to be heard on 3 March 2016, and if granted, immediately followed by a hearing on judicial review.  » Read more about: Can the Federal Court Order Continued Detention  »

Read more ›

Borderlines Podcast Episode 1

15th Jul 2016 Comments Off on Borderlines Podcast Episode 1

Last Updated on July 15, 2016 by Steven Meurrens

Peter Edelmman, Deanna Okun-Nachoff, and myself have started the Borderlines podcast.  The goal of the podcast is to provide a forum for the discussion of immigration law and policy.  We are currently creating a website and social media channels.  In the meantime, our first episode is available on Soundcloud.

In this introductory episode the three of us discuss recent developments in Canadian immigration law, as well as some recent news items and a specific case.

00:30 – 8:39 – We discuss how immigration policy in general has changed under the Liberal government, with a specific emphasis on the Liberal’s repealing the portions of Bill C-24 which revoked the Canadian citizenship of certain individuals convicted of certain offences related to national security.

8:39 – 19:03 – The conversation shifts to Donald Trump, BREXIT, and whether Canada under the Liberal government is bucking an international trend towards increased protectionism.

19:03 – 25:06 – In discussing immigration policy under the new Liberal government, we note that unlike under the Conservatives, where Jason Kenney seemed to be directly or indirectly responsible for all government departments related to immigration law, the Liberals are providing autonomy to the Ministers of each Ministry, and what impact that this may have.

25:06 – 38:50 – Peter Edelmann leads off a discussion on Immigration, Refugees and Citizenship Canada’s current consultations regarding immigration levels planning in Canada. The discussion becomes a very philosophical one about whether centralised planning is necessary, what Canada’s population should be, and how Canada attempts to meticulously control permanent resident numbers while at the same time does not have an overall plan for how many temporary residents are admitted.

 » Read more about: Borderlines Podcast Episode 1  »

Read more ›