Immigration Powers in Canada

Below are the two provisions in our Constitution relating to Immigration.

It is clear as in the US that there is no constitutional protected right to people from outside Canada to be accepted into the country.

There is a general Federal Power as stated in 91(25) over Naturalization and Aliens. Hence,  the Federal Government has the power to determine the number of immigrants to be accepted into our country and criteria to be used for such acceptance. The Provinces also have a role given that that jurisdiction is responsible for education, health and social services . In recent times the Federal  Government has signed agreements with the Provinces , especially Quebec , to ensure the orderly administration of Immigration policy.  Quebec has a say under this Agreement to the numbers and criteria that applies to that Province.

Section 91.

It shall be lawful for the Queen, by and with the Advice and Consent of the Senate and House of Commons, to make Laws for the Peace, Order, and good Government of Canada, in relation to all Matters not coming within the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces; and for greater Certainty, but not so as to restrict the Generality of the foregoing Terms of this Section, it is hereby declared that (notwithstanding anything in this Act) the exclusive Legislative Authority of the Parliament of Canada extends to all Matters coming within the Classes of Subjects next hereinafter enumerated; that is to say,
25.
Naturalization and Aliens.

Section 95.

In each Province the Legislature may make Laws in relation to Agriculture in the Province, and to Immigration into the Province; and it is hereby declared that the Parliament of Canada may from Time to Time make Laws in relation to Agriculture in all or any of the Provinces, and to Immigration into all or any of the Provinces; and any Law of the Legislature of a Province relative to Agriculture or to Immigration shall have effect in and for the Province as long and as far only as it is not repugnant to any Act of the Parliament.

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3 thoughts on “Immigration Powers in Canada

  1. EXACTLY!… Those numbers you posted yesterday re previous administrations’ enactments of immigration rules speaks volumes….the sitting government has an obligation to protect their country’s way of life and should a would-be citizen demonstrate views not in line with that, govt services have an obligation to veto such a person’s entry – that is doing due-diligence in the role of “the country’s watchdog”. It’s just common sense to review those rules from time to time…..and the previous Obama Admin did it 19 – yes, 19 times….how unkind that has slipped the collective democrats’ minds as they loudly protest the current Trump Admin ‘s one time.

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