This course examines Canada’s legal framework concerning immigration and citizenship.
Migration has been a feature of human societies for millennia. For settler countries such as Canada, immigration has been vital for economic growth and nation-building, among other things. Pursuant to national policy set by Parliament, Canadian law establishes who is admissible to enter and remain in Canada and on what bases. Historically, Canadian legislation and policies concerning immigration have not been unproblematic – including with respect to race or other exclusionary grounds. This course examines how the Immigration and Refugee Protection Act and related regulations create legal norms and standards for various forms of immigration to Canada, including permanent residence.
The concept of citizenship and who qualifies, like immigration, has undergone numerous permutations over the years. The course shall examine the Citizenship Act and the ways in which it establishes who is eligible for citizenship and how one may lose this status.
The following are topics that are likely to be covered during the semester:
- Sources of immigration and citizenship law – constitutional, statutory, regulatory and caselaw;
- Political, administrative and judicial institutions that relate to immigration and citizenship law;
- Legal requirements for acquiring permanent residency including family and economic classes;
- The various forms of temporary residency, including with respect to workers and students;
- Inadmissibility clauses in connection with immigration;
- Legal requirements concerning the acquisition of citizenship, determining who is eligible, and how citizenship may be relinquished or revoked;
- Administrative law issues related to the reasonable apprehension of bias, procedural fairness, as well as standards of review.
Please note: This course does not cover refugee law. The Refugee Law course addresses that subject.