Canada Case Law

Tan v. Canada (Citizenship and Immigration)

Court

Federal Court of Appeal

Section 10 of the Citizenship Act, properly construed, requires the Minister to consider written representations about personal circumstances in every case in which they are made and does not violate paragraph 2(e) of the Canadian Bill of Rights; the revocation process does not engage section 7 because the necessary causal connection to life, liberty or security of the person was not established, and the Minister's decision to revoke was reasonable on the record.

Source excerpt

• Citizenship revocation
• Procedural fairness
• Bill of rights paragraph 2(e)
• Charter section 7 engagement
• Reasonableness review
• Statelessness

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Hussein v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court dismissed Ms. Hussein’s judicial review of an RPD refugee decision, finding the UAE was her sole country of former habitual residence and the decision reasonable.

• Statelessness
• Country of former habitual residence
• Reasonableness review (vavilov)
• Safe third country agreement
• Refugee protection
• Personal risk and return

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Chehaiber v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court dismissed judicial review of a RAD refugee decision, holding that Lebanon was not a country of former habitual residence and that the UAE risk analysis was reasonable.

• Country of former habitual residence (cfhr)
• Statelessness
• Standard of review - reasonableness
• Lifetime rights
• Deportation risk
• Person in need of protection

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Bakhtiari v. British Columbia (Minister of Finance)

Court

British Columbia Court of Appeal

Appeal and cross-appeal dismissed in a Charter challenge to B.C.’s additional transfer tax. The Court held the pleaded s. 15 and s. 7 claims were bound to fail.

• Section 15 charter - equality and analogous grounds
• Section 7 charter - liberty and security of the person
• Striking pleadings under rule 9-5(1)(a)
• Statelessness
• Additional transfer tax (foreign buyers' tax)
• Charter-equality-rights

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Calleya v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court dismissed a judicial review of a refused discretionary citizenship grant, finding the applicant had not shown special and unusual hardship under s. 5(4) of the Citizenship Act.

• Discretionary grant of citizenship under s.5(4)
• Statelessness
• Special and unusual hardship
• Duress
• Standard of review: reasonableness
• Discretionary-citizenship

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Diagne v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court dismissed judicial review, holding the RAD reasonably found the applicant had not established Mauritanian identity on a balance of probabilities.

• Identity
• Credibility assessment
• Burden of proof
• Standard of review
• Documentary evidence
• Statelessness

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2023 RLLR 62

Court

Royal Canadian Mounted Police Labour Relations

Claimant proved statelessness, established nexus to a Convention ground (membership of a particular social group as a man refusing to support Hamas and perceived political opinion), was found generally credible, demonstrated an objective risk of persecution by Hamas supported by country evidence, showed state protection and internal flight alternative were not available, and cannot return to former habitual residences; therefore meets the definition of a Convention refugee under s.96.

Source excerpt

• Statelessness
• Convention refugee
• Particular social group
• State protection
• Internal flight alternative
• Credibility

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2023 RLLR 70

Court

Royal Canadian Mounted Police Labour Relations

The claimants are Convention refugees because, on the balance of probabilities, as stateless Palestinians with de facto residence in Saudi Arabia they face a serious possibility of persecution—indefinite detention and deportation with nowhere to go—based on their nationality and imputed political opinion, and there is no adequate state protection or safe internal flight alternative within Saudi Arabia.

Source excerpt

• Convention refugee
• Statelessness
• Imputed political opinion
• State protection
• Internal flight alternative
• Detention and deportation

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Bakhtiari v. British Columbia (Minister of Finance)

Court

Supreme Court of British Columbia

B.C. Supreme Court struck Charter claims challenging the foreign buyers’ transfer tax, finding the s. 15 and s. 7 claims plainly failed, with limited leave to amend the s. 7 claim.

• Section 7 charter - liberty and security
• Section 15 charter - equality and analogous grounds
• Property transfer tax (additional property transfer tax)
• Statelessness
• Application to strike/pleading sufficiency
• Charter-rights

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Wei v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court granted judicial review of Mr. Wei’s citizenship revocation, finding the delegate unreasonably addressed statelessness and establishment in Canada.

• Misrepresentation
• Statelessness
• Establishment in canada
• Discretion under s.10(3.1)(a)
• Judicial review
• Reasonableness standard

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