Canada (Attorney General) v. Mavi: Who Should Pay if Hardship Strikes?
4 Pages Posted: 22 Nov 2011 Last revised: 29 Nov 2011
Date Written: July 10, 2011
Abstract
In the recent Canada (Attorney General) v. Mavi, [2011] 2 S.C.R. 504 ruling, a unanimous Supreme Court held that sponsors of immigrants to Canada under the family class must pay for any government social assistance given to the sponsored immigrant. Nevertheless, the government owes a duty of procedural fairness to the sponsor, albeit the content being 'fairly minimal', and such payments may be deferred (but not forgiven) subject to government’s discretion in assessing individual circumstances.
The decision, while providing a certain level of discretion to the government to in considering sponsor’s circumstances, nevertheless may lead to troubling circumstances in some cases.
As posted on The Court, Osgoode Hall Law School.
Keywords: Supreme Court of Canada, immigration, Immigration and Refugee Protection Act , Constitutional law, Canada (Attorney General) v. Mavi
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