Borderlines

We explore one of the most complex and under-examined areas of Canadian immigration law: immigration detention—and the role that race and systemic bias may play within it.Topics discussed include the legal grounds for immigration detention, why race-based data is largely unavailable in Canada, evidence suggesting disproportionate detention of Black men, the interplay between immigration, policing, and the criminal justice system, how discretion and lack of oversight may allow systemic issues to persist, the reality that Canada has no time limits on immigration detention, and practical recommendations for reform, including independent oversight and better data collection.Efrat Arbel is an Associate Professor at the University of British Columbia Allard School of Law. Her work focuses on the law and policy of immigration detention, refugee protection, and border governance. Prasanna Balasundaram is the Director of Downtown Legal Services at the University of Toronto. Nana Yanful is a lawyer based in Tkaronto/Toronto who is deeply committed to advocating for racial justice, state accountability, and human rights in her legal and community work.We discuss their paper Race and Racism in Canada's Immigration Detention System.https://commons.allard.ubc.ca/cgi/viewcontent.cgi?article=3835&context=fac_pubs

In this episode of the Borderlines Podcast, Amandeep Hayer and Steven Meurrens break down the latest Express Entry reforms under consideration by IRCC, and what they could mean for applicants, lawyers, and Canada’s immigration system as a whole.We walk through newly released consultation materials (shared with permission from the Canadian Bar Association), including:a complete overhaul of Express Entry, including merging the Canadian Experience Class, the Federal Skilled Worker Class and the Federal Skilled Trades Class into a single program;a shift toward high-wage occupations as a key selection factor;the potential removal or reduction of points for spouses, French language ability, Canadian study, and siblings in Canada; andchanges to language thresholds, work experience requirements, and ranking criteria.We also explore the broader policy implications, including whether these reforms will actually improve outcomes. As it turns out, when it comes to predicting earnings in Canada the points do matter.IRCC's powerpoint can be found here:https://meurrensonimmigration.com/wp-content/uploads/2026/04/CBA-Consult.pdf

Steven Meurrens and Deanna Okun-Nachoff are again joined by retired CSIS analyst Phil Gurski, this time to unpack the growing issue of transnational repression in Canada.Drawing on Phil’s recent report for the Montreal Institute for Global Security, the conversation explores how foreign states monitor, intimidate, and coerce individuals on Canadian soil, often targeting diaspora communities through surveillance, threats, and pressure on family members abroad.The discussion focuses on how these activities intersect with Canadian immigration law, including:Whether transnational repression fits within existing inadmissibility categories like espionage and subversionThe challenge of defining “national security” in immigration decisionsThe tension between protecting victims and finding them inadmissibleThe role of proxies, including organized crime, in carrying out foreign state objectivesWhy police responses often fall short when conduct doesn’t clearly meet national security thresholdsKey Topics & Timestamps:01:30 – What is transnational repression?10:00 – Immigration law and inadmissibility challenges26:00 – What is “national security” in law?30:30 – When repression becomes a national security issueFurther Reading: https://migsinstitute.org/wp-content/uploads/2026/02/Transnational-repression-in-Canada_MIGS.pdf

In this lighter episode of Borderlines, we take a break from the usual deep dives into immigration law to tackle something every new Canadian faces: the citizenship test.We start with a quick overview of how the test works. Format, requirements, and recent procedural updates. We then put ourselves on the spot with real sample questions. What follows is a mix of correct answers, educated guesses, and a few humbling moments.Along the way, we also discuss whether the citizenship test actually measures anything meaningful, the challenges faced by applicants seeking waivers, and whether knowledge-based testing should play a role in determining who becomes Canadian.

A discussion of the Federal Court of Appeal's decision in Benison v. Canada (Royal Canadian Mounted Police External Review Committee), 2026 FCA 53. The decision opens with the following Supreme Court of Canada quote - "The common law system has always abhorred delay. In our system’s development of the courts’ supervisory role over administrative processes through mandamus, we see a crystallizing potential to compel government officers to do their duty and, in so doing, to avoid delay in administrative processes."And it really drives home that allocation of resources in of itself justify delays, open ended delays are unacceptable, significant prejudice is not required, queue jumping does not in of itself preclude mandamus, and more.Previous Borderlines podcast episodes where we discussed mandamus include episodes 57 and 117.

We are joined once again by Amandeep Hayer and Lisa Middlemiss, to discuss citizenship by descent post Bill C-3With thousands of people, particularly Americans, now exploring whether they qualify for Canadian citizenship through a distant ancestor, we discuss how the law works, how to prove eligibility, and the practical challenges involved.We also discuss the genealogy research often required to prove citizenship, archival birth records, IRCC processing issues, the interim measures, and the broader policy implications of expanding citizenship while immigration pathways tighten.03:01 Quick recap: who qualifies for Canadian citizenship by descent under the new framework08:27 The main challenge: proving ancestry and lineage13:33 Situations where someone may think they qualify but actually don’t (e.g., adoption issues)27:43 Can someone apply for a study permit or work permit if they might already be Canadian?Audience Questions:33:14 British subjects in Canada during WWII35:26 What happened to the interim citizenship measures from 202439:36 Do families need separate citizenship proof applications for each generation?46:06 Where to start if your Canadian ancestor was born in the 1800s48:26 Translation requirements for Quebec civil records

Do Canadians have the right to travel throughout the country? A discussion of the Supreme Court of Canada decision in Taylor v. Newfoundland and Labrador, 2026 SCC 5. Topics discussed include the decision, s. 6 of the Charter, whether Canadians and permanent residents have a right to travel between provinces, how section 1 of the Charter can justify limits on rights, provincial nominee programs and post-landing mobility, misrepresentation concerns when intended province of residence changes and Bill C-12.

In this impromptu episode, we get a first person account of how one social justice advocate made the leap from journalist to Senator. The conversation is full of insight into the role that Senate plays in protecting the democratic process -- in particular around challenging legislation such as Bill C-12, which is approaching third reading.