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Summary and Response

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The Federal Court is about making a decision on whether the legislation aimed at elimination of immigration backlogs should be cancelled. Lawyers that represent around one tenth of all applicants affected by the Conservative party decision assert that the legislation violates the rule of law and goes against the Charter of Rights. Specifically, it has been argued that the Conservative government used the national origins of potential immigrants as the basis for discrimination.  Most of the applicants whose applications were tossed out come from Middle East, Asia, and Africa. Justice Rennie has been presented the arguments against minister Kenney’s right to shield the so-called arbitrary state action. If the justice rules out in favour of the applicants, as many as 98, 000 immigrants will get a chance to live and work in Canada.


The article presents interesting and up-to-date information about problems with immigration matters which have aroused of late. While the lawyers of the applicants speak of the discrimination on the ground of origin, it is clear that this discrimination may be well justified. Canada clearly has a right for such discrimination since its Government should decide on whether to accept an applicant based on his age, origin, education, the state’s labour need, knowledge of English or French, desire to bring benefit to Canada, and loyally serve the Canadian people. On the other hand, it seems weird that the Charter is used to speak about discrimination of the rights of non-Canadians. It should not apply to them. From a brief research online, it becomes clear that only Canadians are subject to the Charter’s protection. It seems a good reason for the Federal Court to make a sound decision.

In Canada, there seem to be more people than jobs. Hence, additional immigration is likely to have an adverse impact on the market of the labour force. Immigration should be regulated depending on the unemployment level, since the high level of immigration violates the rights of Canadian citizens for employment. So I generally support Kenney’s use of his ministerial authority to restrict immigration. 

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