The Federal Court of Appeal has dismissed a lawsuit alleging immigration fees breach the Canadian Charter of Rights and Freedoms, according to Blacklock’s Reporter. “That is not what we are dealing with here,” said Federal Court of Appeal Justice Anne Mactavish in a ruling. “The fees are payable by anyone whatever their national origin, ethnic origin, or place of birth who seeks permanent residence in Canada or Canadian citizenship.”Lawyers had sought to certify a class action lawsuit claiming mandatory fees were akin to the 19th century Chinese head tax. Immigrants pay $515 for a permanent residency card under the Immigration and Refugee Protection Regulations. Those applying for citizenship must pay an additional $630 fee, pass a citizenship test and swear an oath of allegiance to the head of state and Canada. A commemorative citizenship certificate costs another $75.Lawyers argued fees discriminated on the basis of ethnic origin, breaching the Charter of Rights and Freedoms and comparing them to terms of the Chinese Immigration Act, which levied a head tax on Chinese immigrants. While the head tax was introduced at $50, it was raised to $500 by 1903 — the modern equivalent of $13,000 per person — and remained in place until 1923. Former prime minister Stephen Harper apologized for the tax in 2006.“What was particularly offensive about the head tax was the singling out of would-be immigrants from one country,” said Mactavish.“Not only was the policy racist in origin, it perpetuated negative stereotyping of Chinese individuals and clearly communicated to them and others they were less worthy of being admitted to Canada and less welcome in this country than would-be immigrants from other countries.”However, Mactavish said current fees were intended to recover costs of immigration services and applied to everyone regardless of race or ancestry. “The fees are required in order to impose a greater share of costs on those who receive a specific benefit, thereby sharing the financial burden more equitably among those who benefit from it,” she said. The Federal Court of Canada dismissed the head tax claim in 2022. “I fail to see that there is an arguable case that the distinction raised in this litigation is based on ethnic origin,” said Federal Court Justice Russel Zinn. “The ethnic origin of those born in Canada and not required to pay the fees parallels that of those not born in Canada who may be required to pay the fees.”
The Federal Court of Appeal has dismissed a lawsuit alleging immigration fees breach the Canadian Charter of Rights and Freedoms, according to Blacklock’s Reporter. “That is not what we are dealing with here,” said Federal Court of Appeal Justice Anne Mactavish in a ruling. “The fees are payable by anyone whatever their national origin, ethnic origin, or place of birth who seeks permanent residence in Canada or Canadian citizenship.”Lawyers had sought to certify a class action lawsuit claiming mandatory fees were akin to the 19th century Chinese head tax. Immigrants pay $515 for a permanent residency card under the Immigration and Refugee Protection Regulations. Those applying for citizenship must pay an additional $630 fee, pass a citizenship test and swear an oath of allegiance to the head of state and Canada. A commemorative citizenship certificate costs another $75.Lawyers argued fees discriminated on the basis of ethnic origin, breaching the Charter of Rights and Freedoms and comparing them to terms of the Chinese Immigration Act, which levied a head tax on Chinese immigrants. While the head tax was introduced at $50, it was raised to $500 by 1903 — the modern equivalent of $13,000 per person — and remained in place until 1923. Former prime minister Stephen Harper apologized for the tax in 2006.“What was particularly offensive about the head tax was the singling out of would-be immigrants from one country,” said Mactavish.“Not only was the policy racist in origin, it perpetuated negative stereotyping of Chinese individuals and clearly communicated to them and others they were less worthy of being admitted to Canada and less welcome in this country than would-be immigrants from other countries.”However, Mactavish said current fees were intended to recover costs of immigration services and applied to everyone regardless of race or ancestry. “The fees are required in order to impose a greater share of costs on those who receive a specific benefit, thereby sharing the financial burden more equitably among those who benefit from it,” she said. The Federal Court of Canada dismissed the head tax claim in 2022. “I fail to see that there is an arguable case that the distinction raised in this litigation is based on ethnic origin,” said Federal Court Justice Russel Zinn. “The ethnic origin of those born in Canada and not required to pay the fees parallels that of those not born in Canada who may be required to pay the fees.”
