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Canada Case Law

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Immigration law 2022 FC 1479

Canada (Citizenship and Immigration) v. Aini

Federal Court dismissed the Minister’s judicial review of a RAD decision that set aside a refugee exclusion finding under Article 1F(b).

  • Exclusion under article 1f(b)
  • Judicial review standard of review
  • Credibility findings
  • Admission of new evidence on appeal
  • Weight of expert psychiatric reports
  • Use of media reports
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Constitutional law 2020 CMAC 8

R. v. McGregor

The Court Martial Appeal Court held the Charter did not apply extraterritorially to the Virginia search, but the evidence was still admissible on trial-fairness grounds.

  • Extraterritorial application of the charter
  • Search and seizure
  • Charter s.8
  • S.24(2) exclusion
  • Status of forces agreement
  • Diplomatic immunity
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Immigration and citizenship 2017 FCA 132

Vavilov v. Canada (Citizenship and Immigration)

Majority held that paragraph 3(2)(a) of the Citizenship Act is properly read to exclude from birthright citizenship only those foreign government employees in Canada who benefit from diplomatic privileges and immunities; the Registrar's revocation of the appellant's citizenship was unreasonable on the facts and was quashed, entitling the appellant to citizenship under s.3(1)(a) absent other grounds.

  • Citizenship revocation
  • Statutory interpretation
  • Procedural fairness
  • Diplomatic immunity
  • Jus soli
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Citizenship law 2007 FC 559

Al-Ghamdi v. Canada (Foreign Affairs and International Trade)

Federal Court held that a child born in Canada to a foreign diplomat did not acquire citizenship by birth and was not entitled to a Canadian passport.

  • Birthright citizenship
  • Diplomatic immunity
  • Charter s.15 equality
  • Charter s.7
  • Canadian passport order
  • Judicial review
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Criminal law 2005 BCSC 1765

Gail Davidson et al v. Attorney General of British Columbia et al

The Supreme Court of British Columbia dismissed a judicial review brought after a private information was declared a nullity, holding the proceeding was an abuse of process.

  • Private information under s.504 criminal code
  • Process hearing under s.507.1 criminal code
  • Diplomatic immunity
  • Abuse of process
  • Mootness
  • Judicial review
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International law [1943] SCR 208

Reference as to Powers to Levy Rates on Foreign Legations

Reference on whether Ontario municipalities could levy rates on foreign legations and Commonwealth residences in Ottawa and Rockcliffe Park.

  • Diplomatic immunity
  • Tax exemption
  • Crown property
  • Municipal taxation
  • Interpretation of assessment act
  • Diplomatic-immunity
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.