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ARTICLE · 30 JUNE 2011

Canada (Attorney General) v Mavi

WeirFoulds LLP
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This case addresses what duty of fairness, if any, is owed to residents of Canada who have defaulted on undertakings made to the federal government to guarantee the financial security of family members that they sponsored to come to Canada when the sponsor is in default of the undertaking and the government files an application to collect on the debt.

CanadaGovernment, Public Sector
Jordan Glick
Jordan Glick
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2011 SCC 30 (Released June 10, 2011)

Administrative Law – Procedural Fairness – Immigration and Refugee Protection Act – Sponsorship program

This case addresses what duty of fairness, if any, is owed to residents of Canada who have defaulted on undertakings made to the federal government to guarantee the financial security of family members that they sponsored to come to Canada when the sponsor is in default of the undertaking and the government files an application to collect on the debt.

Canadian citizens or permanent residents are entitled to sponsor their relatives to immigrate to Canada. Before a family member is sponsored, the Canadian resident is obligated to provide an undertaking of support for the sponsored relative wherein the Canadian resident assumes responsibility for the financial stability of their family member. Should the sponsored relative apply for social assistance benefits subsequent to their arrival in Canada, the government (federal or

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