A Federal Court associate judge has approved a request to manage numerous constitutional challenges against Ottawa’s recent asylum law, a move aimed at simplifying a potential surge of legal proceedings. Immigration lawyers nationwide are coordinating these challenges, with about 36 cases already lodged in the Federal Court.
The new law restricts individuals from filing refugee claims if over a year has passed since their initial entry into Canada. It is retroactive to June 24, 2020, and applies to claims made on or after June 3, 2025. Additionally, Bill C-12 eliminates the option of lodging a refugee claim for individuals who irregularly crossed the Canada-U.S. border after the June 2025 date.
These challenges contend that Bill C-12, enacted on March 26, infringes on Canada’s Charter of Rights and Freedoms, specifically Section 7 safeguarding the right to life, liberty, and security, and Section 15 prohibiting discrimination.
The Canadian Association of Refugee Lawyers and the Canadian Immigration Lawyers Association are overseeing this effort. Both legal representatives and the federal Department of Justice have requested “case management” to streamline these large-scale or intricate litigations by assigning a judge to address fundamental constitutional queries in a limited number of cases.
In a letter obtained by CBC News, the parties caution that up to 28,000 refugee claims might be affected by the new law. Maureen Silcoff, a Toronto-based immigration lawyer involved in the challenge, anticipates a rapid escalation in the number of cases.
A Federal Court associate judge issued an order on Wednesday stating that the 39 cases contesting the new refugee ineligibility provisions will proceed as “specially managed proceedings.” These cases all pose “similar and complex constitutional challenges” to sections of the law introduced through Bill C-12.
The federal government has consented to the request for case management. While the government argues that the law will alleviate claim backlogs and prevent misuse of the asylum system, lawyers fear the contrary outcome, along with undue hardship for numerous refugee claimants.
Several refugee lawyers and advocates report being inundated with concerns from individuals fearing deportation. The impact of the law is already evident on clients, with many feeling uncertain about their future due to the new regulations.
The process of challenging Bill C-12 could span several months or even years, raising concerns among lawyers about the well-being and legal status of vulnerable migrants affected by the law’s stringent provisions.
