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Border law to face constitutional challenge over new refugee claim rules
Lawyers say the law could affect as many as 28,000 refugee claims and send more people into a paper-based review with fewer protections.
Immigration lawyers across Canada are coordinating a constitutional challenge against Bill C-12, with three dozen cases already filed in Federal Court arguing the law violates Canada's Charter of Rights and Freedoms.
Bill C-12 bars refugee claims if more than a year has passed since first entry into Canada, with the government estimating about 30,000 claims would be thrown out; the federal Liberal Party argues the law reduces backlogs and deters asylum system misuse.
Federal Court approved 'case management' Wednesday, assigning one judge to oversee related matters, as parties warned as many as 28,000 refugee claims could be reviewed under the new law.
Toronto-Based immigration lawyer Aisling Bondy warned that ineligible claimants from Afghanistan, Ukraine, and the Gaza Strip face legal limbo without pre-removal risk assessments, creating what she called 'devastating consequences.'
The government tabled a Charter of Rights statement last November claiming the legislation violates no rights, yet Toronto immigration lawyer Maureen Silcoff warned 'the whole system will get tangled up in litigation,' as more than a dozen lawyers report inundated offices.