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As of June 1, 2021, Schedule 10 of the AAJA amends the Environmental Protection Act [12], the Mining Act [13], the Nutrient Management Act, 2002 [14], the Ontario Water Resources Act [15], the Pesticides Act [16], the Safe Drinking Water Act, 2002 [17], and the Toxics Reduction Act, 2009 [18], by removing provisions that permit certain matters to be appealed to a minister of the Government of ...
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Over the course of the pandemic, Canada has continued to receive asylum claims:Under a temporary and reciprocal agreement with the United States, asylum claimants seeking to enter Canada from the United States between official land ports of entry will continue to be directed...The Federal Court of Appeal has granted the Government of Canada’s appeal of the July 2020 Federal Court decision. As a result, the application of the STCA at land ports of entry remains in effect.As of June 2, 2021, Immigration, Refugees and Citizenship Canada (IRCC)’s network of panel physicians will offer vaccines to Canada-bound migrants who require an Immigration Medical Examination whe...Enhancing Canada’s asylum system
1. Funding was announced in the Economic and Fiscal Snapshot 2020 to enable the asylum system to process 50,000 asylum claims annually until March 2023. 2. With this funding, the capacity at the Refugee Protection Division will be maintained at 50,000 claims for two years (2021-2022 and 2022-2023), with one additional year of post-Refugee Appeal Division processing (2023-2024). The 2021-2022 IRCC funding ($13.6M excluding Public Services and Procurement Canada, Shared Services Canada and empl...
Impact of the recent Federal Court of Appeal’s decision
1. On April 15, 2021, the Federal Court of Appeal granted the Government of Canada’s appeal of the July 2020 Federal Court decision which found that the provisions implementing the STCA violated section 7 of the Canadian Charter of Rights and Freedoms (life, liberty and security), which would have rendered the STCA regime invalid. The Federal Court of Appeal also dismissed the cross-appeal raised with respect to possible s.15 violations (equality) and the vires (i.e. legality) of the designat...
Order in Council application at land ports of entry
1. Under the Order in Council (the Order) issued under the Quarantine Act, foreign nationals are prohibited from entering Canada from the United States to make a claim for refugee protection unless they enter Canada at a designated land port of entry and meet an exemption or exception under the Canada-United States STCA, namely: 1.1. Citizens of the United States or stateless habitual residents of the United States 1.2. Claimants with a family member in Canada 1.3. Unaccompanied minors, as de...
Since the introduction of COVID-related travel restrictions between Canada and the United States, there were 16,823 asylum claims made in Canada (as of April 30, 2021): Directed back and/or Safe Th...
Under section 5 of the Order in Council issued under the authority of the Quarantine Act titled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from th...Under the Order in Council, asylum claimants entering Canada from the United States at a location other than a designated land port of entry are prohibited from entering Canada to make a claim for...To ensure that Canada can continue to meet its domestic and international obligations, targeted exceptions to the prohibition on entering Canada to make a refugee claim at a location other than a l...Feb 24, 2021 · The Accelerating Access to Justice Act, 2021, would, if passed, improve access to justice for Ontarians across the system, notably by modernizing processes and breaking down barriers in the province’s courts, tribunals, estate law, family and child protection sectors.
- Canada (Attorney General) v. Ward, [1993] 2 S.C.R. 689, 103 D.L.R. (4th) 1, 20 Imm. L.R. (2d) 85 at 732; Chan v. Canada (Minister of Employment and Immigration), [1993] 3 F.C.
- M.C.I. v. B344 (F.C. no., IMM-7817-12), Noël, May 8, 2013; 2013 FC 447, at para 37. See also paras 38-41. The Court noted that the mixed motive doctrine was first recognized by the Court of Appeal in Zhu v. M.E.I., (F.C.A.
- In Kutaladze, Levane v. M.C.I. (F.C., no. IMM-7861-11), Shore, May 23, 2012; 2012 FC 627, the Court held that documentary evidence and testimony required the RPD to conduct a more in-depth analysis of the claimant’s allegation that the reason he was extorted and accused of being a spy was because of his political opinion.
- Alhezma, Lotifya K.Q. v. M.C.I. (F.C., no. IMM-2087-16), Bell, November 24, 2016 (delivered orally on November 17, 2016); 2016 FC 1300, at para 18.
Increase capacity to handle more cases. Budget 2019 enabled the asylum system to ramp up to 50,000 asylum decisions and 13,500 appeals by fiscal year 2020-2021. This temporary increase in capacity was extended to the end of fiscal year 2022-2023 in the Economic and Fiscal Snapshot 2020.
Asylum-seeker: An asylum-seeker, also known in Canada as a refugee claimant, is someone who has fled their home country due to persecution, war, or violence, and has applied for asylum (protection) in another country. They seek safety and refuge in a foreign country because they fear persecution or a risk to their life if they return to their home country.
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(See also sections 2.2.1 Relevance and 2.2.2 Materiality) Also, as would ideally be the case for any analysis of a credibility issue, particularly where the issue raised is material, the RPD should take into account the claimant's explanations, any relevant evidence on the record and the procedural circumstances that could reasonably explain the discrepancies raised.
