immigration

Beyond Neutrality: Kanyinda, s. 15(1), and the Limits of Facial Equality

In Quebec (Attorney General) v Kanyinda, the SCC considered whether the provincial subsidized childcare regime of Quebec violates the equality rights guaranteed under s. 15(1) of Charter. Karakatsanis J., writing for the majority, held that the provisions of the Reduced Contribution Regulation that excluded refugee claimants from eligibility to participate in the subsidized childcare program created adverse effects discrimination based on sex. Although facially neutral, the legislative scheme disproportionately impacted and burdened female refugee claimants, who are more likely to bear the primary burden of childcare responsibilities.

Minister of Public Safety and Emergency Preparedness v Chhina: Can Immigration Detainees Access the Writ of Habeas Corpus?

With the high-profile coverage of Ebrahim Toure and Kashif Ali, issues surrounding immigration detention has received increased scrutiny from public and legal communities alike. In a few weeks, the Supreme Court of Canada (“SCC”) will hear the case of Tusif Ur Rehman Chhina, a man who was held in an Albertan immigration detention facility for […]

Protracted Immigration Detention and Compressed Proceedings: Habeas Corpus and Charter Claims in Brown v Canada (Public Safety)

In Brown v Canada (Public Safety), 2018 ONCA 14 [Brown], the Ontario Court of Appeal (“ONCA”) found that Alvin Brown’s rights not to be arbitrarily imprisoned or subjected to cruel and unusual punishment were not breached—despite the fact that he had been detained for five years awaiting immigration removal, and the existence of international guidelines against […]