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Lawsuit to stop BILL C24 : Member Crimesinister

crimesinister

Star Member
Jun 6, 2015
58
8
dpenabill said:
In any event, the failure to pre-publish any applicable regulations is NOT a ground upon which the provisions of Bill C-24 can be enjoined from coming into force. The SCCA is law, given Royal Assent June 19, 2014, officially published in the Gazette Part III August 13, 2014, and now there is an Order they come into force as of June 11, 2015. DONE DEAL. Valid deal.
1. In Amalorpavanathan v. Ontario (Health and Long-Term Care), the judge ruled that the court can issue injunctions on the basis of "legitimate expectations of notice, consultation and consideration," which were my legitimate expectations based on the published regulatory process.

2. In Tłı̨chǫ Government v. Canada (Attorney General), the courts did precisely what you've declared as impossible to do: stop provisions of an act that had been given Royal Assent from coming into law.

There's no prima facie argument to preclude me from going forward. Whether I ultimately prevail or not is up to the courts to decide.
 

CanadianCountry

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Jan 26, 2011
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+1

Somebody did his homework!!

crimesinister said:
1. In Amalorpavanathan v. Ontario (Health and Long-Term Care), the judge ruled that the court can issue injunctions on the basis of "legitimate expectations of notice, consultation and consideration," which were my legitimate expectations based on the published regulatory process.

2. In Tłı̨chǫ Government v. Canada (Attorney General), the courts did precisely what you've declared as impossible to do: stop provisions of an act that had been given Royal Assent from coming into law.

There's no prima facie argument to preclude me from going forward. Whether I ultimately prevail or not is up to the courts to decide.
 

crimesinister

Star Member
Jun 6, 2015
58
8
Update: The lawyers have given me concrete advice on how to proceed.

1. The announcement by CIC has no force in law, and, as far as the Minister of Immigration, Privy Council and the Governor General is concerned, CIC has not breached their duty to consult.

2. All the same, as the CIC announcement is a possible indication that they're about to breach the duty to consult, and I have to write a letter to the Privy Council and the Governor General politely requesting them that they do not register the regulations until the CIC has fulfilled their duty to consult.

3. But they will most likely go send me a form letter politely rejecting my request and register the regulations bringing the remaining provisions of Bill C-24 into force. It's only at this point that I can challenge their actions.

I'll be working on the letter and send it to them later today. I'll keep you updated on the progress.
 

wilbur

Star Member
Aug 5, 2010
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crimesinister said:
Update: The lawyers have given me concrete advice on how to proceed.

1. The announcement by CIC has no force in law, and, as far as the Minister of Immigration, Privy Council and the Governor General is concerned, CIC has not breached their duty to consult.

2. All the same, as the CIC announcement is a possible indication that they're about to breach the duty to consult, and I have to write a letter to the Privy Council and the Governor General politely requesting them that they do not register the regulations until the CIC has fulfilled their duty to consult.

3. But they will most likely go send me a form letter politely rejecting my request and register the regulations bringing the remaining provisions of Bill C-24 into force. It's only at this point that I can challenge their actions.

I'll be working on the letter and send it to them later today. I'll keep you updated on the progress.
You have a lot of free time, don't you?
 

ngag

Full Member
Mar 9, 2012
29
3
crimesinister said:
Update: The lawyers have given me concrete advice on how to proceed.

1. The announcement by CIC has no force in law, and, as far as the Minister of Immigration, Privy Council and the Governor General is concerned, CIC has not breached their duty to consult.

2. All the same, as the CIC announcement is a possible indication that they're about to breach the duty to consult, and I have to write a letter to the Privy Council and the Governor General politely requesting them that they do not register the regulations until the CIC has fulfilled their duty to consult.

3. But they will most likely go send me a form letter politely rejecting my request and register the regulations bringing the remaining provisions of Bill C-24 into force. It's only at this point that I can challenge their actions.

I'll be working on the letter and send it to them later today. I'll keep you updated on the progress.
Thanks for speaking for all of us. great job
 

crimesinister

Star Member
Jun 6, 2015
58
8
wilbur said:
You have a lot of free time, don't you?
I manage three businesses and a non-profit, so, no, I don't have a lot of free time. But I strongly believe that every Canadian citizen and potential citizen has a duty to hold the government accountable.
 

htayyab

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Dec 7, 2011
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crimesinister said:
I manage three businesses and a non-profit, so, no, I don't have a lot of free time. But I strongly believe that every Canadian citizen and potential citizen has a duty to hold the government accountable.
Keep it up! Whats unfair should be pointed out. I appreciate your efforts.
 
Apr 11, 2011
55
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Canada
Job Offer........
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alainski said:
Guys, please remember that we all came here to Canada in our own prerogative, the government didnt force us to be here. I just think they are due more slack. Let us not demand as if it is our own country. A little more respect please. Just a reminder for everyone.
I agree. You may spend time, money, and effort in challenging the Bill but in the end it has already Royal Assent. At the end of the day, reality sets in that the people who are going with this suit are not Canadian citizens, they are still candidate for citizenship, so I do not see what the big fuzz over this. This is Canada, it may choose to grant you your citizenship or take away what was given to you after due process. I do not see the problem if dual citizens convicted of high crimes would worry about Canadian citizenship. They still have another citizenship to fall back to. Or the intent to reside provisions, I do not see why prospective candidates do not want this, this only applies until you get your citizenship and not after. Are they in a hurry to get out of Canada after they get the Canadian passport?. In finality, you cannot fight city hall they say much more I do not think you can fight the Conservative Party because you don't vote yet. All of the talks about suit against Bill C24 will just become dust blowing in the wind. Cheers!!
 

crimesinister

Star Member
Jun 6, 2015
58
8
unitedbritishphilippines said:
I agree. You may spend time, money, and effort in challenging the Bill but in the end it has already Royal Assent. At the end of the day, reality sets in that the people who are going with this suit are not Canadian citizens, they are still candidate for citizenship, so I do not see what the big fuzz over this. This is Canada, it may choose to grant you your citizenship or take away what was given to you after due process. I do not see the problem if dual citizens convicted of high crimes would worry about Canadian citizenship. They still have another citizenship to fall back to. Or the intent to reside provisions, I do not see why prospective candidates do not want this, this only applies until you get your citizenship and not after. Are they in a hurry to get out of Canada after they get the Canadian passport?. In finality, you cannot fight city hall they say much more I do not think you can fight the Conservative Party because you don't vote yet. All of the talks about suit against Bill C24 will just become dust blowing in the wind. Cheers!!
IF you have been following the news, you'd have known that SCC has struck down quite a few laws introduced by Harper government even after they had received Royal Assent, including prostitution law, medical marijuana law, mandatory minimum sentencing etc.
 

screech339

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Apr 2, 2013
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crimesinister said:
IF you have been following the news, you'd have known that SCC has struck down quite a few laws introduced by Harper government even after they had received Royal Assent, including prostitution law, medical marijuana law, mandatory minimum sentencing etc.
In order to be successful in getting the court to strike down part or whole law is if it proven that it is discriminatory against religion, race, gender, disability and such. The new citizenship law does not discriminate anyone. It affects all PR regardless of gender, race, religion. It even affects Canadian born as well.

You have to prove that the C-24 law discriminate one group of PRs from another. Does it make female PR qualify only and not males? Does it make Muslim and Jewish PRs get citizenship but not Catholic. As it appears, it doesn't discriminate against any group of PRs. All PRs have to follow the same law.

If the premise that you have to wait longer to qualify is discrimination, then by logic the 3/4 rule was discriminatory as well. But we have not seen the 3/4 rule struck down either.