Canada’s immigration point system was established in 1967 to respond to historic racism and nationality bias. Granting points for age, education, official language skills, Canadian work experience and family ties, the current Comprehensive Ranking System (CRS) grades applicants for permanent residency.
The federal government recently proposed changes to CRS points, including the elimination of some point categories. While family-related points are proposed for removal, age-based criteria are not.
My research delves into the legal, ethical and policy reasons why Canada should ditch age-based immigration points.
Charter violationsThe Canadian Charter of Rights and Freedoms explicitly prohibits age discrimination in the equality clause of Section 15(1). According to the Supreme Court’s Singh vs Minister of Employment and Immigration decision, the Charter applies to anyone who is physically present in Canada, including non-citizens.
Many people who apply for permanent residence do so from within Canada. In fact, the federal government has introduced a two-year initiative – in 2026 and 2027 – to fast-track permanent residence for skilled workers who are already in Canada in specific high-demand sectors.
According to the lawyers I interviewed for my book, Age and Immigration Policy in Canada, such individuals would have solid legal grounds to launch a Charter challenge. They could claim that the points system constitutes age discrimination in violation of Canadian law.
Ageist immigration policiesAge discrimination embedded in the points system...
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