This seminar offers an in-depth exploration of complex, unresolved, and sometimes controversial issues in Canadian immigration and refugee law, building on knowledge from introductory courses. Topics will include:
- Inadmissibility Grounds and Procedures
Examination of criminal, security, and health-based inadmissibility, including novel or evolving jurisprudence and the interplay with constitutional rights.
- Security Certificates and Special Advocates
An intensive study of the unique security certificate regime, including the evidentiary challenges surrounding classified information and the pivotal role of special advocates in safeguarding fair process. Students will analyze how courts balance national security interests with principles of fundamental justice.
- Exclusion from Refugee Protection
Critical analysis of exclusion clauses under the Refugee Convention, including how criminality or purported threats or other grounds can exclude claimants form protection. Emphasis will be placed on the tension between Canada’s international obligations and domestic priorities.
- Danger Opinions and Removal of Protected Persons
A focused examination of ministerial “danger opinions,” where Canada seeks to remove protected persons deemed a threat to national security or public safety. The module probes the evidentiary threshold, procedural safeguards, and litigation strategies while critically assessing how courts reconcile these opinions with Canada’s non‑refoulement obligations and the absolute ban on removal to torture.
- Constitutional and Charter Issues
Examine the constitutional underpinnings of Canadian refugee and immigration law, focusing on Charter rights (Sections 7, 9/10, 12, and 15), the principle of non-refoulement, and procedural fairness. Students will analyze pivotal case law—including challenges to the Safe Third Country Agreement—and gain insight into how fundamental justice, equality, and international obligations shape legal remedies and judicial review.
- Complex Litigation and Judicial Review
Advanced study of the strategic dimensions of litigation in Federal Court and beyond, including test case litigation and appellate processes. Students will assess leading cases that have redefined, constrained, or expanded the legal landscape.
- Policy and Regulatory Framework
Consideration of how policy instruments (e.g., the Safe Third Country Agreement, use of artificial intelligence decision making tools) intersect with legal principles and broader societal values.
- Ethical, Social, and Global Implications
Critical engagement with how immigration and refugee law intersects with broader debates on human rights, social justice, and state sovereignty. Discussions will include issues affecting marginalized communities and the influence of geopolitical factors on Canadian migration policy.
Students will refine their advocacy, research, and analytical skills through intensive case discussions, and in-depth engagement with contemporary legal scholarship. By the end of the course, participants will be equipped with a nuanced understanding of the most pressing challenges facing Canadian immigration and refugee law, as well as the practical skills needed to navigate these complex and evolving issues.
Immigration, Refugee, and Citizenship Law Moot:
Students will work on the Immigration and Refugee Moot and 4 JD students will be selected to represent U of T at the event. Third year students who want to be considered as a mooter will need to also enrol in the Upper Year Moot (which they can drop if selected).
Students will be assessed through two major written assignments. These assignments will require each student to engage with unresolved or emerging issues in refugee and immigration law, employing both substantive legal analysis and creative problem-solving strategies. By combining in-depth research with practical application, students will gain a deeper understanding of the complexities inherent in immigration law.
Students will individually prepare a legal research memorandum analyzing a current and contentious issue in refugee or immigration law. This memorandum should incorporate relevant statutes, case law, treaties, and/or policy guidelines, as applicable in the jurisdiction(s) under discussion.
Students will work in teams to prepare a hypothetical factum (or written argument) addressing a fact pattern designed to highlight an unresolved or emerging area of refugee or immigration law. This factum should be structured as if submitted to a court, tribunal, or administrative body that has jurisdiction over the matter and will comply with the rules set forth by the Immigration, Refugee, and Citizenship Law Moot.
Suggested Pre-requisites: Canadian Migration Law (LAW456H1F), Clinical Legal Education: Downtown Legal Services Part-Time Program - Refugee & Immigration Law Clinic (0103) (LAW209Y1Y), Downtown Legal Services Full-Time Program (LAW402H1F) (Refugee and Immigration Division.
