Articles 2023

Canada is tightening immigration pathways ahead of the 2025 election, raising CRS cut-offs and imposing stricter LMIA rules. These changes hinder skilled workers and international students from achieving permanent residency, citing public concerns over housing, healthcare, and labour markets. With reduced targets for coming years, policymakers face the challenge of balancing voter concerns with demographic and economic needs.

The Supreme Court of Canada’s hearing of Dorinela Pepa v. Minister of Citizenship and Immigration could reshape immigration law. At issue: whether the Immigration Appeal Division fairly denied an appeal, balancing procedural fairness against administrative efficiency. The decision will have major implications for statutory rights and justice in Canada’s immigration system.

On July 7, 2024, the Ontario Superior Court of Justice in Richard v. The Attorney General of Canada, 2024 ONSC 3800 certified a class proceeding on behalf of all persons who were detained for immigration purposes in a provincial or territorial correctional facility since May 16, 2016, including a subclass of individuals with a mental health condition. The claim asserts causes of action for Charter breaches and in negligence.

Haider Ashraf, in his paper, "Balancing Security and Rights: Re-evaluating IRPA’s Criminal Inadmissibility Provisions and Charter Compliance” recommends a re-evaluation of IRPA’s inadmissibility provisions to better protect the rights of permanent residents and align Canadian policies with global human rights principles. The author welcomes any comments or conversations from colleagues on the topic.

As we approach the conclusion of the 2023-2024 OBA Citizenship and Immigration Law Section cycle, your Section Executive is delighted to provide you with updates on our accomplishments and ongoing initiatives. Your active participation and dedication have been instrumental in advancing our collective goals, and we are committed to building on this momentum in the year ahead.

We extend our heartfelt gratitude to all who attended and contributed to the success of this event. Your active participation and thoughtful contributions underscore the strength and vitality of our community. Rest assured, OBA executives are carefully considering the feedback provided and are committed to addressing all of your recommendations.