Immigration Law Outline

Introduction
The course raises issues that fall into two categories:
1)      Statutory & policy questions;
2)      Social consideration
 
âGrey: law cannot be separated from social & political matters. The idea that one can understand the law in a clear-cut, purely legalistic fashion is in itself a political statement. Only a departure from strict construction can forestall complete control of the legal system by the establishment.
 
Adjudication depends for the most part on:
a)                  The personality of the judge;
b)                  The status of plaintiff
Rather than on the legal principles that come into play in a particular case. This is illustrated by the tendency of American IM courts to allow refugees from left-wing countries to remain in the U.S. while deporting those from right-wing nation-state
 
IM law is public law in that it pits the State agst the individual. The authorities must prove that the power pursuant to which they purport to act actually exists, subject to the presumptions that:
1)      The Queen & Parliament are supreme;
2)      The Superior Court has jurisdiction.
In contrast, in private law, every act is permitted unless it can be conclusively demonstrated that it is prohibited.
 
I. Evolution
Ë IM to North America came in 4 waves:
(1) 17th Century:
è Francesettled QC: (1608-1760)
-The early French settlers were adventurers, granted rights of settlement by King Henry IV. They established the colony of New France, although they were hampered in their efforts by those in their homeland who resisted the notion of creating a colony, which would serve as a rival to French trade. The safety of the colony was a concern due to frequent massacres of the colonists by First Nations. 
-According to Grey, New France survived as long as it did solely b/c of the military prowess of its leader
– Trade was main interest
– Did not provide for massive IM (scared the animals away).
– 70,000 people in New France by 1760
 
è England settled North American coastline
-The English settlers had been indoctrinated w/ the English tradition of tolerance. They, like those they had left behind in England, believed that one should not be burned for entering a non-Protestant house of worship, but that religious minorities should however be denied all rights associated w/ citizenship. 
-English settlers were unanimously of the view that Can. would eventually join the United States, & favoured responsible govt & reciprocity as means to that end. Only when Britain began to recognize the utility of having an empire was IM encouraged; indeed, it was actively solicited Prospective immigrants were promised that vast tracts of land would be available for agriculture.
 
(2) 18th Century:
è England started to settle Can.
– Started w/ Nova Scotia & then moved on to New France (Montreal).
– 1770’s trouble in U., England wanted to make sure that New France remained British.
– 1780’s loyalists from U. moved into N.B. & Ont.
 
(3) 19th Century:
è Early part of the century: Scots came to Man., Irish came to Can. (Potato Famine)
                                                                                è Unlike the U., Can. was not a place for massive non-English IM until the late 19th Century.
– After 1835 Can. outlawed slavery,
– In 1849 the U. passed the Fugitive Slave Act (so slaves couldn’t hide in the