Citizenship Rights and Non-citizens: a Canadian Perspective

Abstract

The Dominion of Canada came into being in 1867, when the United Kingdom Parliament united pre-existing colonies by enacting the British North America Act 1867,1 since renamed as the Constitution Act 1867.2 This statute divides legislative authority over specified subject matters between the Parliament of Canada and the provincial legislatures. Section 91(25) grants to Parliament authority over ‘Naturalization and Aliens’, while section 95 grants concurrent authority over immigration to both the federal and provincial legislatures. However, this latter section also provides that provincial law on immigration will be operative only as long as it is not repugnant to federal law. Over the years, the test of how to determine repugnancy has changed and is, to this day, somewhat controversial.