家庭旅馆 国内机票版 海运专栏 房版

败诉了吗?

回复: 败诉了吗?

刚收到王律师的消息:
dear all
[FONT='Courier New', courier, monaco, monospace, sans-serif]the news is indeed bad we lost all counsel lost their cases before justice rennie[/font]
[FONT='Courier New', courier, monaco, monospace, sans-serif]but we do have a right to appeal[/font]
[FONT='Courier New', courier, monaco, monospace, sans-serif][/font]
为什么粘帖过来后,加了中括号的内容?
 
回复: 败诉了吗?

建议大家仔细阅读一下判决书,其实里面反映了很多问题。

如下是我关注的两部分,感觉不太好。说句粗话,麻痹这判决书好像是CIC律师起草的一般,更像是CIC的辩护状。

[44] While I accept that the applicants have incurred various expenses in making their FSW
applications this is not equivalent to a deprivation of property. Rather, the applicants have freely
chosen to apply to come to Canada and to incur the related expense. Their FSW application did not
provide any right to, or recognizable legal interest in, the potential future economic opportunities
that might come their way if they were successful. At best, the applicants possessed a mere chance
to gain access to economic opportunities in Canada. No economic right had vested and any
opportunity remained prospective, contingent and speculative. In sum, a pending FSW application
does not constitute property within the meaning of subsection 1(a) of the Bill of Rights. Even if it
was considered property, the Bill of Rights does not prevent the expropriation of property without
compensation by the passage of unambiguous legislation.

[62] As a threshold issue, there is the question whether the applicants, as non-citizens residing
outside of Canada, are entitled to the protection of the Charter. This question is one of application
of the Charter, and not to be confused or conflated in its analysis with that of standing. The
applicants are “directly affected” by the passage of Bill C-38, as to have sufficient legal interest to
commence the applications. Whether the Charter applies or extends to non-residents is a discrete
legal question.
 
回复: 败诉了吗?

建议大家仔细阅读一下判决书,其实里面反映了很多问题。

如下是我关注的两部分,感觉不太好。说句粗话,麻痹这判决书好像是CIC律师起草的一般,更像是CIC的辩护状。

[44] While I accept that the applicants have incurred various expenses in making their FSW
applications this is not equivalent to a deprivation of property. Rather, the applicants have freely
chosen to apply to come to Canada and to incur the related expense. Their FSW application did not
provide any right to, or recognizable legal interest in, the potential future economic opportunities
that might come their way if they were successful. At best, the applicants possessed a mere chance
to gain access to economic opportunities in Canada. No economic right had vested and any
opportunity remained prospective, contingent and speculative. In sum, a pending FSW application
does not constitute property within the meaning of subsection 1(a) of the Bill of Rights. Even if it
was considered property, the Bill of Rights does not prevent the expropriation of property without
compensation by the passage of unambiguous legislation.

[62] As a threshold issue, there is the question whether the applicants, as non-citizens residing
outside of Canada, are entitled to the protection of the Charter. This question is one of application
of the Charter, and not to be confused or conflated in its analysis with that of standing. The
applicants are “directly affected” by the passage of Bill C-38, as to have sufficient legal interest to
commence the applications. Whether the Charter applies or extends to non-residents is a discrete
legal question.
前几段还有几句人话,就Life, Liberty and Security of the Person这段的辩护词伦尼大法官自己说着不害臊吗?好像都是申请人活该的样子。
 
回复: 败诉了吗?

大家应该注意到了:

败诉的消息和CIC的技术移民新政细则同时出台。


这绝对不是巧合。


CIC等败诉后才发布新政,这个败诉很大可能就是CIC操纵的。
 

注册或登录来发表评论

您必须是注册会员才可以发表评论

注册帐号

注册帐号. 太容易了!

登录

已有帐号? 在这里登录.

Similar threads

顶部