Jamie Chai Yun Liew (she/her)

Abandoning Administrative Law During a Presidential Immigration Crisis While the Administrative Procedure Act can constrain the worst abuses of the Trump administration's immigration regime, the Supreme Court has shown little appetite for such administrative review.

Great post from Bijal Shah on administrative law and immigration law under the Trump regime.

Important insights from @jcyliew.bsky.social and Natasha Bakht on academic freedoms, intersectionality, missed opportunities for dialogue, and Jane Doe. A model for how to move through conflict and misjudgment, constructively and with care. papers.ssrn.com/sol3/papers.... 🤲

Thank you!

Harvard learned it has an authentic Magna Carta. In 1946, it paid less than $28 for it A pair of U.K. scholars discovered the mislabled document in Harvard Law School's digital archives. The university bought it for just $27.50 in 1946. It turned out to be an authentic copy dating to 1...

A pair of U.K. scholars discovered the mislabeled document in Harvard Law School's digital archives. The university bought it for just $27.50 in 1946. It turned out to be an authentic copy dating to 1300.

Important case being heard at the #SCC on equality rights of immigrants/migrants in Canada and access to important services like child care. The Canadian Council for Refugees is intervening but so is FCJ Refugee Centre and the Madhu Verma Migrant Justice Centre. Watch:
www.scc-csc.ca/cases-dossie...

Intervener for an individual who is currently in medium security - Her experience using the system - Grievance system is like putting a message in a bottle and hoping someone will find it.

Context matters. Serious issues with the rule of law in prisons. Interveners again bring life to the experience of persons in prison.

Brilliant submission by BLAC - the prison is a colonial and systemic anti-black racist institution and this must inform the court's decision. Respond to full context and realities of prisoners.

Enjoying how interveners are calling the court to consider equality principles in the prison context and access to habeas corpus and to take judicial notice of the racism in prisons.

Vavilov for the middle ages - Habeas corpus is about justification - brilliant submission by counsel West Coast Prison Justice Society.
My count - Vavilov mentioned 3 times now.

Noting how many interveners referring to the record - so important to have expert evidence that can support such broad interventions by organizations that represent the most marginalized.

Really enjoying how interveners bring to life experiences of persons in prison - like how much fresh air and human contact they get. How many Indigenous people are in max security institutions.

Interveners are up. Kudos to my partner, @jendagsvik.bsky.social who delivered stellar submissions

John Howard Society - Parl free to set up an advantageous system akin to HC. No independent process. Only remedy is to file grievance. JR not an adequate safeguard.

John Howard Society now up - Judicial Review is discretionary. Available only after a final grievance dec. JR fails 10(c) requirements - no timely review and no direct review of the classifications or transfers - only final level grievance dec. Dec to detain (classification) insulated fr direct rev

Jamal J: Can we undertake the inquiry?

Jamal J: Asking if narrow window possible - to have the BUT FOR be used as a legal question.

Kasirer J: conflates existence of lawfulness branch of this test and reduces ambit of the remedy provided by writ. Consequence is serious. Remedy unique to writ is not available.

O’Bonsawin J: Needs checks and balances in systems where it needs it! Yes.

O’Bonsawin J also points out that Black ppl affected too. They are having similar issues. [yes]

SUCH an important issue - lived realities of Indigenous persons in prison. [Representation matters]

O’Bonsawin J - You want us to go back to the administrative system and she points out treatment of Indigenous persons in corrections. Substantive - where Indigenous ppl can't get remedy in regular corrections system because stats show higher % in max

Kasirer J: To stop HC coming forward puts us in situation where person can be continued deprivation of liberty - they have a legitimate basis and cts supposed to say no you are in the wrong box.

Kasirer J: Can't conflate threshold with the finding of remedy

Jamal J: If there is illegality in denial of transfer then arguable there has to be a narrow window for an expeditious remedy. Is the std plain and manifest that right has crystallized. (yes)

Side note: BUT what if the system doesn't work like in Chhina.

Rowe J: Built in the institutional design is recognition of differentiation of expertise and proper administrative roles v judicial level who review on lawfulness, consistency etc. Institutional structure now evaded w 24(1) broad remedial authority. Institutional design undermined.

Karakatsanis J: Doesn't it depend on nature of unlawfulness - BUT FOR unlawful dec they would be transferred to min security. Deprivation of liberty is a 1st step - circular to say depends whether dec lawful. Some kinds of lawfulness would deprive liberty where clear would have been transferred.

Moreau J discusses how repeated denials might become unlawful and deprivation of liberty and access to a court might be the only remedy. YES

Côté J rightly asks what happens when things go wrong in the review process? DOJ counsel: raises Chhina.

Yes, Chhina - the last time the SCC preserved right to HC where there was a maladministration of the detention review process.