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4.3k Topics 39.8k Posts
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    arcanepotato@crazypeople.onlineA
    It was successfully appealed in 2008, if we're being picky. The appeal was based in the fact that the judge found that the basis upon which a regulation was made (i.e. the position that the states is a safe country) does not have to be absolutely correct, so long as the gov considered if it might be true. (See: https://decisions.fca-caf.gc.ca/fca-caf/decisions/en/item/36041/index.do) [57] Understanding precisely what is in issue in a judicial review application is important when it comes time to determine the standard of review as well as the scope of the review that can be conducted by the Court. An attack aimed at the vires of a regulation involves the narrow question of whether the conditions precedent set out by Parliament for the exercise of the delegated authority are present at the time of the promulgation, an issue that invariably calls for a standard of correctness. ... [60] Despite this language, the matter raised by the application is a pure vires issue (see the relevant part of the application for judicial review quoted at paragraph 15 above). ... [78] Subsection 101(2) does not refer to “actual” compliance or compliance “in absolute terms” nor does it otherwise specify the type and extent of compliance contemplated. However, Parliament has specified the four factors to be considered in determining whether a country can be designated. These factors are general in nature and are indicative of Parliament’s intent that the matter of compliance be assessed on the basis of an appreciation by the GIC of the country’s policies, practices and human rights record. Once it is accepted, as it must be in this case, that the GIC has given due consideration to these four factors, and formed the opinion that the candidate country is compliant with the relevant Articles of the Conventions, there is nothing left to be reviewed judicially. I stress that there is no suggestion in this case that the GIC acted in bad faith or for an improper purpose. I mentioned it was challenged back then to demonstrate that it's been known to be problematic since the beginning. If we want to follow along with the details there have been further challenges, started in 2017, which were on the basis that it violated the charter. The courts agreed in 2020, but again it was appealed and the court gave it's ruling in 2023: https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/19957/index.do I remember watching Trudeau respond to this in 2020, when he was doing his daily appearances from the governor generals cottage. I'm not trying to shame anyone for not knowing, I get that there is a lot going on in the world and people are struggling in an individual basis too. But it really shocks me when are surprised that it's not all sunshine and rainbows and open arms. I actually learned about it in 2017, when the PM was on TV saying canada would welcome people. Not if they are being deported from the US, I guess ‍️
  • That's not a claim I made, soz to confuse you.

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  • German imports from Russia fell 95% since war in Ukraine

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    I think if they all shut down yesterday, the damage is done. it's just 'regular discourse' now
  • Chinese police crackdown on writers of online erotic fiction

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    These crack downs on erotica have been occuring in China. Are you implying they aren't happening, or that this specific one hasn't happened?
  • I'm sorry but that is patently a false statement.

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  • Mossad’s Former Director Calls the War in Gaza ‘Useless’

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    tal@lemmy.todayT
    The State Department is preparing to order the departure of all nonessential personnel from the U.S. Embassy in Baghdad due to the potential for regional unrest, two U.S. officials said Wednesday. The Baghdad embassy has already been on limited staffing, and the order will not affect a large number of personnel, but the department also is authorizing the departure of nonessential personnel and family members from Bahrain and Kuwait. Note that we don't have diplomatic relations with Iran, so in the event of a military conflict with Iran, there wouldn't be anyone to evacuate there, just in nearby countries.
  • Egypt is expected to block Global March to Gaza, Israel Katz says

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    Of course. This will raise awerness about egypt complicity
  • Trade war truce between US and China is back on

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    internetcitizen2@lemmy.worldI
    Big Taco energy
  • The activists protecting them self against israeli terrorists.

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  • TIL: Not sucking the figurative dick of Greta makes you pro-genocide

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    There is no Grata in the global march for palestine. Why don't you talk about it?
  • > What’s yours?

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    Another Lemmy.org user embarassing himself
  • Israel’s War on Reproduction in Gaza

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    mlg@lemmy.worldM
    Not that it matters that much anyway, HTS is essentially a joint puppet project by Turkey and the USA. As long as whoever is in charge follows their geopolitical demands, they really won't care how they handle the internal country. Still at least it's a significant upgrade from Assad. Anyone would take this over chemical weapon civil war again.
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    venus_ziegenfalle@feddit.orgV
    PG friendly Luigi
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    bubsyfanboy@szmer.infoB
    Thing is the TK is not an institution supported by the current government. Its judges were illegally appointed by PiS (the previous government) and now only serve to politically posture.
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  • How is that relevant?

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