Border law to face constitutional challenge over new refugee claim rules

• Share on Facebook
• Share on Bluesky
• Share on X
• Copy Link

Aisling Bondy, a Toronto-based immigration lawyer, said one of the key questions facing the court is whether the law is constitutional.

no danger to communities at this time

Wildfire burning 80 km south of Rocky, west of Sundre

2h ago

A new era

Red Deer's Heritage Ranch finally has new operator

2h ago

For MS research

Red Deer Jayman Built MS Walk set for May 31

3h ago

She said the law can put ineligible refugee claimants in legal limbo if they come from places to which Canada does not deport at the moment due to humanitarian crises, such as Afghanistan, Ukraine and the Gaza Strip.

“They are not put into removal streams, so they don’t get the pre-removal risk assessment. They’re essentially here in limbo and that can have devastating consequences,” Bondy said.

“If a person is here and their spouse and young children are overseas, the spouse and children cannot join them until they have a positive decision on their risk assessment or refugee claim and apply for permanent residence successfully.”

Bondy added that they could file a claim for residency under humanitarian and compassionate grounds, but the backlog for that stream is more than 10 years.

The Charter of Rights statement on C-12 the government tabled in Parliament last November said the minister had not identified any ways in which the legislation could violate Charter rights.

The statement noted that removals from Canada have the potential to affect Charter rights to life, liberty and security of the person, but the rules in C-12 do not result in the immediate removal from Canada of an ineligible refugee claimant.

Bondy said a judge has not yet been named to run the case management system for these cases. She said once that happens, the judge likely will set a filing deadline before deciding how to handle the cases.

“Maybe we will identify a certain number of cases that will go forward first and that the judge will make their decision based on those cases as to whether the bill is constitutional, rather than looking at up to 30,0000 cases,” she said.

This report by The Canadian Press was first published May 14, 2026.

David Baxter, The Canadian Press