Immigration, repatriation cases heard by federal courts this week

This week, the Federal Court of Appeal heard appeals initiated by First Nations and arising from the McLean Federal Indian Day School Settlement Agreement. On the other hand, the Federal Court handled immigration law, election law, and health law cases.

Federal Court of Appeal

In His Majesty the King et al. v. Boloh 1(a), A-32-23, the appellants challenged the Federal Court’s decision granting the respondents’ application, which argued that they were entitled to repatriate based on their right to enter Canada under s. 6(1) of the Canadian Charter of Rights and Freedoms. The appellate court heard the case on Monday.

In Mikisew Cree First Nation Industry Relations v. Canadian Environmental Assessment Agency et al, A-52-22, the appellant alleged that the application judge wrongly found that the federal Crown owed no duty to consult it about whether a project should be designated as reviewable under s. 14(2) of the Canadian Environmental Assessment Act, 2012. The matter was scheduled for Wednesday.

In Jessie Waldron v. His Majesty the King, A-300-21, the appellant questioned the dismissal of a motion of class members under the McLean Federal Indian Day School Settlement Agreement, which requested certain relief. The matter was set for Wednesday.

In Kahkewistahaw First Nation v. His Majesty the King in Right of Canada et al, A-156-22, the claim related to the surrender and disposal of land along Crooked Lake, Saskatchewan, which was reserved as a fishing station for the applicant in 1889 and later confirmed as an Indian reserve. The appellate court conducted a hearing last Tuesday.

The case of Voltage Holdings, LLC v. Doe #1 et al, A-129-22 arose from the alleged online copyright infringement of the film Revolt, of which the appellant movie production company was the copyright owner. The appellate court tackled the case last Tuesday.

Federal Court

The case of Mohamedou Ould Slahi Aka Houbeini v. Attorney General of Canada, T-826-22 arose from the Canadian authorities’ actions that allegedly caused, contributed to, and prolonged a prisoner’s detention, torture, assault, and sexual assault at Guantanamo Bay. The court heard the case last Tuesday.

In Minister of Citizenship and Immigration et al. v. Bozo Jozepovic, T-1862-17, the plaintiffs alleged that the defendant obtained Canadian citizenship by false representation or fraud or knowingly concealing material circumstances relating to a fact described in s. 35 of the Immigration and Refugee Protection Act, 2001. The court conducted a hearing last Monday.

In the cases of Terrina Bellegarde v. Scott Eashappie et al., T-2536-22 and Joellen Haywahe v. Scott Eashappie et al., T-2546-22, the applicants asked the court to set aside the decision removing them from their elected positions as councillors. The court tackled these two cases last Monday.

The case of Jeff Toth et al. v. Minister of Health, T-1424-22 involved a challenge against the health minister’s refusal of 96 healthcare practitioners’ requests under s. 56(1) of the Controlled Drugs and Substances Act, 1996, for exemptions to possess and to consume psilocybin for training in psilocybin-assisted psychotherapy. The hearing for this matter was last Tuesday.