KUMAR LAKHWINDER ASSIGNMENT4

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School

CDI College - Mississauga *

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IMA101

Subject

Law

Date

Jan 9, 2024

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docx

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2

Uploaded by MateBeeMaster1040

ASSIGNMENT 4 QUESTION. Read the Mehrez Ben Abde Hamida and the Minister of Citizenship and Immigration case. Write a 500-word paper stating your point of view about the decision. Submit the assignment in this session. ANSWER. In the case of Hamida v. Canada (Minister of Citizenship and Immigration), the Supreme Court of Canada was asked to decide whether the Minister of Citizenship and Immigration had the authority to revoke a permanent resident's status on the basis of a criminal conviction. The Court held that the Minister did have this authority, but that the revocation must be done in accordance with the principles of procedural fairness. The facts of the case are as follows: Mr. Hamida was a permanent resident of Canada who had been convicted of a number of criminal offences, including assault, robbery, and drug trafficking. In 2007, the Minister of Citizenship and Immigration revoked Mr. Hamida's permanent resident status on the basis of these convictions. Mr. Hamida challenged the revocation, arguing that the Minister had not followed the principles of procedural fairness. The Supreme Court of Canada held that the Minister did have the authority to revoke a permanent resident's status on the basis of a criminal conviction. However, the Court also held that the revocation must be done in accordance with the principles of procedural fairness. These principles require that the Minister give the permanent resident notice of the proposed revocation, an opportunity to be heard, and a decision that is based on the evidence. The Court's decision in Hamida v. Canada is significant because it clarifies the Minister's authority to revoke a permanent resident's status on the basis of a criminal conviction. The decision also sets out the principles of procedural fairness that must be followed when the Minister exercises this authority. The Supreme Court of Canada's decision in Hamida v. Canada is a landmark decision that clarifies the Minister of Citizenship and Immigration's authority to revoke a permanent resident's status on the basis of a criminal conviction. The decision also sets out the principles of procedural fairness that must be followed when the Minister exercises this authority. My point of view about the decision I agree with the Supreme Court of Canada's decision in Hamida v. Canada. I believe that the Minister of Citizenship and Immigration should have the authority to revoke a permanent resident's status on the basis of a criminal conviction. However, I also believe that the Minister must follow the principles of procedural fairness when exercising this authority. I believe that the Minister should have the authority to revoke a permanent resident's status on the basis of a criminal conviction because it is important to protect the public from dangerous individuals. Permanent residents who have been convicted of serious crimes pose a risk to public safety, and the Minister should have the ability to remove these individuals from Canada. However, I also believe that the Minister must follow the principles of procedural fairness when exercising this authority. This is because it is important to ensure that permanent residents are treated fairly and that they have an opportunity to defend themselves against the Minister's decision. The principles of procedural fairness require that the Minister give the permanent resident notice of the proposed revocation, an opportunity to be heard, and a decision that is based on the evidence. KUMAR LAKHWINDER ASSIGNMENT 4 IMA 101
ASSIGNMENT 4 I believe that the Supreme Court of Canada's decision in Hamida v. Canada strikes the right balance between the need to protect the public and the need to ensure that permanent residents are treated fairly. The decision allows the Minister to revoke a permanent resident's status on the basis of a criminal conviction, but it also requires the Minister to follow the principles of procedural fairness. This is a fair and balanced approach that protects the public while also ensuring that permanent residents are treated fairly. KUMAR LAKHWINDER ASSIGNMENT 4 IMA 101
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