CIAJ Conference: The Law of Borders

In recent years, the law of borders has come to shape the lives of more people in Canada than ever before. [...] In 2021, over 8.3 million people in Canada identified as immigrants.2 That’s almost one-quarter, or 23%, of our population.3 Immigration continues to be the main driver of Canada’s population growth, accounting for almost 96% of such growth last year.4 And it seems 1 I would like to thank my law clerks Leila Nasr and Jessica Michelin for their assistance in the preparation of these remarks. [...] At the height of the pandemic, they made up more than 40% of COVID-19 cases in Ontario, even though they comprised just 25% of the population.6 Lack of healthcare access and the tendency to hold essential jobs contributed to these figures, particularly among racialized immigrants.7 Additionally, scholar Oona Hathaway argues that the threat of COVID seemed to offer justification for governments to. [...] The way we arrange and enforce our borders is a measuring stick for our how far we have come, and how far we have to go — both as a country and as part of a global community. [...] But as Justice La Forest said in the Andrews case, “our nation has throughout its history drawn strength from the flow of people to our shores.”18 As we welcome more people to this country, we also welcome the talent and resourcefulness that will help Canada weather the conditions ahead.