回复: 87.4对诉讼的影响 87.3对所有移民积案的影响
多伦多的律师Mario Bellissimo和魁北克的律师David Cohen打87.4违宪官司的计划:
http://www.bellissimolawgroup.com/u...s-to-be-heard-in-toronto-january-14-16th-2013
Instead, we will proceed by way of a “test case”. The Court has made dates available (January 14
th through January 16
th, 2013) in Toronto, during which time lawyers including David Cohen and myself will have the opportunity to present arguments. This will allow us to have “our day in court” much sooner than if we had proceededby way of a Class Action and in the end the result will be the same for our clients.
他们将以test case,测试案例也就是代表案例的方式在一月开庭做辩论。
A test case is different from a Class Action. In a test case, a lawyer has the chance to present arguments on behalf of one client. The decision the Court renders in the test case will also apply to the other clients represented by the lawyer under the same circumstances.
一月代表案例开庭的结果推及到他们所有的客户。
The thrust of our argument is that the intended action of CIC (termination of the applications) is
unconstitutional (adj. 违反宪法的,不符合章程〔法规〕的) on the grounds that it is discriminatory against individuals based on their country of origin (Section 15 of the Canadian Charter of Rights and Freedoms).
If the Court decides in our favor then the law empowering CIC to terminate the applications will be struck down. This outcome would apply not only to the test case but to all of the other clients we are representing in this matter as well.
他们认为一刀切法案87.4违宪的依据是,加拿大移民局以来源国为根据歧视移民申请人,违反了加拿大人权和自由宪章第15部分。
如果法庭判我们胜诉,87.4一刀切法律就要被消灭掉 struck down
Canadian Charter of Rights and Freedoms
http://laws-lois.justice.gc.ca/eng/Const/Const_index.html
In anticipation of having our test case heard by the Court in mid-January, 2013, we have adjourned (not withdrawn) our Class Action case.
他们推迟了而不是取消了集体诉讼。
If, for any reason, CIC takes any action to begin terminating applications before there is a decision on our test case, we would go back to the Court on the Class Action case and ask for an order that would require CIC to refrain from destroying the integrity of the Class.Should you receive a notice from CIC before January 13, 2013 informing you that your application has been terminated you must contact our office immediately.
CIC不得在1月13号之前主动联系申请人告知他们的案子被终止了,如果它这样做,他们会再上法庭要求阻止CIC行动,以便保持class的完整性。
A pre-hearing conference is likely to take place during the week of December 10
th, 2012.
12月10号这个星期有一次开庭之前的会议。