Borderlines

On this episode of the Borderlines podcast, Deanna Okun-Nachoff and guest co-host Zeynab Ziaie Moayyed speak with constitutional law guru Sujit Choudhry. We discuss Choudhry's work on the landmark Bjorkquist case, in which the Ontario Superior Court held that the Canadian Citizenship Act's "second-generation cut-off rule" was unconstitutional. Choudhry also describes his involvement in subsequent proceedings in which Canada has repeatedly failed to comply with court-ordered mandates to correct the non-compliance.

We also delve into test case litigation at the crossroads of immigration and constitutional law. Choudhry describes factors he considers in selecting test cases, techniques for managing participants in a class action, choosing a venue (i.e. why proceed at federal vs. provincial court - ?), and factors that make issues at the nexus of immigration and constitutional law such a hotspot for strategic litigation.

Finally, we discuss Bill C-2 (currently before the House), which proposes fundamental changes to the Canadian immigration scheme (not to mention privacy law, criminal, charitable, anti-terrorism, etc). Our focus is on allegations that the law proposed may not be Charter compliant, which leads to braoder consideration of the government's decision to introduce this legislation in the first place.

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We cover recent developments at the intersection of criminal and immigration law. We review significant Supreme Court of Canada decisions, highlight problematic CBSA investigations, discuss judicial errors during sentencing, and explore current trends in immigration policy and processing.

We also answer live audience questions about express entry scores, humanitarian and compassionate applications, parent and grandparent sponsorship backlogs, and more.

Timestamps:

0:17 – Introduction and overview of crim-immigration updates

1:36 – Supreme Court decision on Canada’s sex work laws (R. v. Kloubakov, 2025 SCC 25)

13:02 – U.S. convictions and IRPA section 36(2) “committing an offence” provisions

16:03 – California automatic relief and foreign spent convictions

19:08 – Supreme Court decision on youth sentencing (R. v. I.M., 2025 SCC 23) and inadmissibility

20:56 – Why youth convictions abroad still trigger inadmissibility: Flores Giron v. Canada

21:15 – CBSA officer self-investigation leads to stayed charges

23:33 – Judicial misconduct: judge misreads sentence and conceals error

33:38 – IRCC now providing refusal notes with TR applications: impact on litigation

38:05 – Political narratives around “letting criminals into Canada”

48:08 – Live Q&A

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We conduct a comprehensive analysis of the immigration implications of Bill C-2, an omnibus bill tabled by the federal government that significantly expands government authority and introduces sweeping changes across multiple areas of Canadian law.

Bill C-2's immigration provisions would:

Grant the federal government broad powers to suspend, cancel, or vary immigration documents, including permanent resident visas, permanent resident cards, temporary resident visas, work permits, study permits, and electronic travel authorizations, based on vague “public interest” criteria.

Permit the bulk suspension or cancellation of immigration and refugee applications without individual case review, raising serious concerns regarding Charter rights and judicial oversight.

Introduce major restrictions on refugee protection claims, including a one-year filing bar for those who do not make a claim within 12 months of arrival and expanded ineligibility for individuals who cross the Canada–U.S. border irregularly.

Timestamps:

0:00 – Introduction & overview of Bill C-2

6:39 – The democratic and constitutional concerns with omnibus legislation

10:28 – Government powers to cancel immigration documents and applications

27:04 – Refugee claim restrictions: one-year filing bar and ineligibility rules

33:05 – Transitional provisions and measures already in effect

40:09 – Designated representatives and capacity considerations

46:16 – Admissibility hearings, PR status questions, and enforcement abroad

51:49 – Live audience Q&A

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The complexities of Canadian citizenship by descent with immigration lawyers Amandeep Hayer and Lisa Middlemiss.

[1:35] What citizenship by descent means.

[3:17] Historical and current limitations, including the first-generation rule and exceptions.

[5:55] The 2023 Bjorkquist decision.

[9:49] Bill C-3.

[13:57] Interim measures.

[20:26] Debates over residency rules and comparisons to U.S. laws.

[31:00] Voting rights for citizens abroad and potential fraud risks.

[44:02] How to prove citizenship without birth certificates.

[45:43] Citizenship for displaced Native Americans, and

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This episode is a repost of our interview with John McCallum, Canada's Minister of Citizenship and Immigration from November 2015 to January 2017. He passed away on June 15, 2025.

A Member of Parliament from 2000 - 2017, he also served as Defence Minister under Jean Chrétien, and Veterans Affairs Minister, National Revenue Minister, Natural Resources Minister and as Chair of the Expenditure Review Committee under Paul Martin.

As Minister of Immigration, Refugees and Citizenship in Justin Trudeau’s cabinet, Mr. McCallum led Canada's effort to welcome 25,000 Syrian refugees over a period of three months. He also increased the age of dependency from 18-22, repealed conditional permanent residency and reduced family class processing times.

5:00 – The resettlement of 40,000 refugees in Canada.

22:00 – The division of immigration repsonsibilities between IRCC, CBSA and ESDC. Should they be combined?

28:00 – What goes into reducing processing times. 33:00 – Abolishing conditional permanent residence.

39:00 – Mr. McCallum’s approach to being immigration critic towards the end of the Harper era.

42:30 – The Barbaric Cultural Practices Act and the Niqab ban.

44:00 – Caregivers

48:00 – Helping as Minister on individual files.

54:00 – What goes into levels planning?

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In this episode, we dive into Dan Hiebert's latest C.D. Howe Institute report on how different immigration rates shape Canada's economic challenges and regional disparities.

Key topics include:

Aging Population and Immigration: Why Canada’s current immigration levels are insufficient to offset an aging population, and the implications of a simultaneously older and larger population.

Regional Disparities: How immigration disproportionately fuels growth in major cities like Toronto and Vancouver, exacerbating regional population and economic gaps.

Ethical and Practical Questions: Is it ethical to direct immigrants to settle in rural areas with limited services and opportunities? Should newcomers be expected to revitalize communities that Canadians are leaving?

Policy Trade-offs: The tension between regionalization efforts, productivity goals, and francophone immigration targets. Dr. Hiebert also touches on innovative approaches, such as Sweden’s model of using social housing to encourage regional settlement, and previews his upcoming research on the role of ethnic enclaves in Canada.

🔗 Link to Paper: https://cdhowe.org/publication/fast-vs-slow-how-different-immigration-rates-can-impact-canadas-economic-challenges-and-regional-disparities/

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Our panel dive into several questions about Express Entry in this Ask Me Anything session. Featuring Kubir Kamal and Tamara Mosher-Kutzer as our guests.

0:20: Introduction to the panel and the state of Canadian immigration in 2025.

2:20: What does the recent Supreme Court decision on Pepa mean for visa holders' appeal rights?

7:40: Will Express Entry scores drop to 505 this year?

14:50: Why are healthcare and STEM categories not seeing lower scores despite shortages?

22:41: How does declaring a spouse as non-accompanying affect Express Entry applications?

36:25: Can you claim points for both Canadian and foreign work experience concurrently?

39:56: Will there be a cap on immigration from specific countries like India?

42:39: Should certain over-represented occupations be limited in Express Entry?

46:06: Does trade experience in Express Entry need to be continuous?

50:48: What are your thoughts on Immigration Minister Lena Diab’s “best and brightest” strategy and the Strong Borders Act?

54:19: Will Express Entry scores drop in the next two years, and what’s the outlook for 2027?

57:38: Could the government cancel work or study permits to meet the 5% temporary resident target by 2027?

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Ari Wormelli joins to discuss how to get divorced in Canada, and its intersection with Canadian immigration law.

Topics discussed include non-accompanying spouses agreeing to or contesting divorce with prospective immigrants in Canada, practical barriers, serving legal documents internationally, getting foreign divorces recognized in Canada, annullment in the Philippines, marriages under fake IDs, and break down an actual case.

Timestamps:

0:19 - Welcome and Guest Introduction

0:52 - Diving into Messy Divorces

2:17 - How Divorce Works in Canada

5:09 - Divorcing with an Overseas Spouse

10:20 - Divorce in Countries Without Divorce (e.g., Philippines)

15:21 - Conflicts of Law in Divorce Recognition

21:56 - Case Study: Canadian Sponsor with Pakistani & Canadian Divorces

26:04 - Recognizing Foreign Divorces in Canada

34:19 - Marriages Under Fake IDs

47:30 - Marriage in Canada Without Legal Status

50:52 - Timeline for an Uncontested Divorce in Canada

56:00 - Final Thoughts & Key Takeaways

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