Evidence of meeting #42 for Citizenship and Immigration in the 39th Parliament, 2nd session. (The original version is on Parliament’s site, as are the minutes.) The winning word was backlog.
A recording is available from Parliament.
Head, Immigration Law Group, Perley-Robertson, Hill and McDougall LLP
If this House passes this piece of legislation, one section of which says that the minister is granted the power to issue instructions that will fulfill her opinions as minister and support her or his goals to best support the attainment of immigration goals--
Conservative
Head, Immigration Law Group, Perley-Robertson, Hill and McDougall LLP
No, it doesn't.
Conservative
Ed Komarnicki Conservative Souris—Moose Mountain, SK
They are the goals of the government of the day, which is quite different.
Head, Immigration Law Group, Perley-Robertson, Hill and McDougall LLP
That's correct. I was just making it gender-neutral in my response.
Conservative
Ed Komarnicki Conservative Souris—Moose Mountain, SK
Do you think, as a lawyer, you could bring a challenge under the charter with respect to the instruction, once it's issued, by saying that it's not charter-compliant?
Head, Immigration Law Group, Perley-Robertson, Hill and McDougall LLP
I'm not a constitutional expert, I'll say that.
Head, Immigration Law Group, Perley-Robertson, Hill and McDougall LLP
But I'll also say--
Conservative
Head, Immigration Law Group, Perley-Robertson, Hill and McDougall LLP
--that even if it does comply with the charter, a lot of damage can be done before someone has the resources to challenge an instruction.
Conservative
Conservative
Conservative
Ed Komarnicki Conservative Souris—Moose Mountain, SK
Mr. Cohen, would you agree, or would you say that an application could be made by way of a charter challenge with respect to the instruction itself?
Immigration Lawyer, As an Individual
What I would say is that the minister is stating that it will be charter-compliant, and the legislation states that the Immigration and Refugee Protection Act shall be administered in conformity with the charter. But at the end of the day, it will be the courts that have to decide if, in fact, it is charter-complaint.
Conservative
Ed Komarnicki Conservative Souris—Moose Mountain, SK
So you, as a lawyer, could make an application to the court with respect to the legislation as it now sits, firstly.
Conservative
Ed Komarnicki Conservative Souris—Moose Mountain, SK
Then you could make an application with respect to the instruction itself, if you chose to, on the basis of whether or not it was, say, charter-compliant. Would you agree?
Immigration Lawyer, As an Individual
One could ask for leave--I agree with that, yes--to make that kind of application.
Conservative
Ed Komarnicki Conservative Souris—Moose Mountain, SK
In fact, for anybody within the department who would process in accordance with the charter, the process itself could be challenged with respect to whether it's charter-compliant.
Immigration Lawyer, As an Individual
It can be challenged, yes. I mean, all legislation coming from this House, no matter what, can be challenged. It's the resources that are required in order to challenge it.
Conservative
Ed Komarnicki Conservative Souris—Moose Mountain, SK
True, but ultimately one could apply to the court to ask whether the legislation, in all three respects, as I've mentioned, is charter-compliant.
Immigration Lawyer, As an Individual
You know, you're right--but I would have a higher expectation of the legislation that comes out of the House.
