I have posted previously on the recent Supreme Court of Canada decision in Agraira v. Canada (Public Safety and Emergency Preparedness), 2013 SCC 36.
One of the interesting aspects of the decision is the giving of deference to a ministerial interpretation of law, even though the interpretation was only "implied".
How does one square this conclusion (sensible, in my view) with last year's decision in Halifax (Regional Municipality) v. Canada (Public Works and Government Services), 2012 SCC 29, [2012] 2 SCR 108?
Showing posts with label 2013 SCC 36. Show all posts
Showing posts with label 2013 SCC 36. Show all posts
Tuesday, 9 July 2013
Is the Supreme Court of Canada Decision in Agraira Consistent with the Halifax Citadel Case?
Monday, 24 June 2013
Some Thoughts on the SCC Decision in Agraira
The Supreme Court of Canada rendered, through the pen of LeBel J., a unanimous judgment in Agraira v. Canada (Public Safety and Emergency Preparedness), 2013 SCC 36 last week.
The applicant is a Libyan national. He first sought and was refused refugee status: he claimed that he was a member of the Libyan National Salvation Front. This caused problems for him down the line. When he applied to become a permanent resident of Canada, he was deemed inadmissible because of his involvement in a terrorist organization. In short, he was not involved enough to be a refugee, but too involved to be admissible!
The applicant is a Libyan national. He first sought and was refused refugee status: he claimed that he was a member of the Libyan National Salvation Front. This caused problems for him down the line. When he applied to become a permanent resident of Canada, he was deemed inadmissible because of his involvement in a terrorist organization. In short, he was not involved enough to be a refugee, but too involved to be admissible!
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