Introduction -- Jurisdiction of the Federal Court -- Leave requirements -- Procedure on application for judicial review -- Scope of appeal of certified questions to the Court of Appeal -- Appeal of decisions of the Federal Court of Appeal -- Standard review to be applied by the court sitting on judicial review -- Grounds for judicial review and appeals of immigration decisions -- The role of the Federal Court in the provisions for the protection of information whose disclosure would be injurious to national security under the Immigration and Refugee Protection Act -- Forms and precedents -- Relevant legislation.
"... this book gives an overview of the grounds of inadmissibility to Canada under the Immigration and Refugee Protection Act, and notes key case law that interprets the governing sections. The second edition provides a thorough update of the law and practice advice pertaining to overcoming inadmissibility."--Provided by publisher
Bill C-3, an effort to remedy the core defects of the prior immigration security certificate regime, cobbles together a potentially half-hearted "special advocate" regime and converts immigration law into a de facto system of indefinite limits on liberty for foreigners. The new system will generate an inevitable series of new constitutional challenges, some of which may succeed at the Supreme Court unless the deficiencies of Bill C-3 are cured by careful innovation at the Federal Court level. This paper explores these contentions. Part II of the paper provides a brief overview of the immigration security certificate regime and the core Charkaoui holding on the question of fair hearings. Part III canvasses the various models of "special counsel" the Supreme Court suggested might satisfy constitutional requirements under section 1 of the Charter. Part IV examines the policy and political environment in which Bill C-3 was the n developed, the nature of Bill C-3's response to the core findings of the Charkaoui decision and the law-making process in Parliament. Part V the n turns to other features of Bill C-3, noting both changes that will likely prove important and other areas that will likely create new controversies, including the question of indefinite detention. The paper concludes that Bill C-3 represents an unsatisfactory waypoint in — rather than an ultimate culmination of — protracted constitutional debates over security certificates.
