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.