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Immigration

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Friday, January 11, 2019 @ 1:29 PM

ELECTIONS - Voters or electors - Qualifications - Residency

Appeal by Frank and Duong from a judgment of the Ontario Court of Appeal setting aside a decision that found provisions of the Canada Elections Act (Act) unconstitutional and of no force or effect. ... [read more]

Friday, January 11, 2019 @ 11:39 AM - Last Updated: Friday, January 11, 2019 @ 5:07 PM

Supreme Court strikes down federal voting limits on Canadian expatriates Richard Wagner

In a landmark judgment on the Charter-guaranteed right to vote, the Supreme Court of Canada has declared unconstitutional federal provisions (that were recently amended by Parliament) that barred expatriate Canadians who were residing abroad for five years or more from voting in federal elections. ... [read more]

Thursday, January 10, 2019 @ 9:07 AM

Canada expands border biometrics tumb-print_sm

As of Dec. 31, 2018, foreign nationals from Asia, Asia Pacific and the Americas must provide their biometrics (fingerprints) when applying for a visitor visa, study or work permit, or for permanent residence. Applicants from Europe, the Middle East and Africa have been subject to this biometric requirement since July 31, 2018. ... [read more]

Friday, January 04, 2019 @ 8:46 AM

Labour market impact assessments: Going high or low labour_impact_sm

For employers facing a labour shortage, Labour Market Impact Assessments (LMIAs) can be a necessary evil, allowing them to hire qualified foreign workers if qualified Canadians are not available in the labour market. They are often a near last resort due to their complexity, slow processing times and the fact that deficiencies in the smallest details can be fatal to an application forcing the employer to have restart a months-long process. ... [read more]

Wednesday, January 02, 2019 @ 9:22 AM

SCC’s winter session looks at military justice, lawyers’ fees, Crown copyright, Jordan Mark Letourneau

Military justice and Crown copyright are among the topics the Supreme Court of Canada will explore in its winter session that includes criminal appeals asking if defence counsel’s legal fees can be paid from the proceeds of crime forfeited to the state and if the Jordan time limits apply in provincial youth court. ... [read more]

Friday, December 21, 2018 @ 4:11 PM

Judge’s political lobbying, advocacy on behalf of black Canadians crossed line, but wasn’t ‘misconduct’ Mark Sandler

The Ontario Judicial Council (OJC) has ruled that a judge who founded an advocacy group for black Canadians, and lobbied politicians with the “highly laudable” aim of helping his community overcome racism and poverty, engaged in a form of impermissible “advocacy and political activity” — but his actions did not amount to “judicial misconduct” that could merit his removal from the bench. ... [read more]

Friday, December 21, 2018 @ 9:35 AM

From autonomous cars to smartphone zombies, analysis and opinion highlights of 2018

Here are 16 memorable and outstanding stories from 2018, as selected by The Lawyer's Daily Analysis Editors Richard Skinulis and Peter Carter. ... [read more]

Thursday, December 20, 2018 @ 9:22 AM

Immigration with the stars: So you think you can work? immigration_stars_sm

Any foreign worker, regardless of the number of awards and accolades and appearances on magazine covers requires work authorization if they want to work in Canada’s performing arts, film and television industry. Actors, artists, technicians and similar workers in film, television, theatre and radio require work authorization. Yes, this even includes Tom Cruise, Meryl Streep and Steven Spielberg, although Ryan Gosling, Sandra Oh and Jean-Marc Vallee do not require authorization as they are Canadian citizens. ... [read more]

Wednesday, December 19, 2018 @ 2:48 PM

Access to Justice: Next year a big one for Action Committee | Thomas Cromwell and Beverley McLachlin

There are big transitions occurring at the Action Committee on Access to Justice in Civil and Family Matters. Former chief justice Beverley McLachlin has this month assumed the chair of the committee which she had convened a decade ago. ... [read more]

Wednesday, December 19, 2018 @ 9:14 AM

The Chhina case: Charter rights and non-citizens immigration_detention_sm

Immigration detainees’ access to the writ of habeas corpus has been a hot topic in immigration and refugee law since the Ontario Court of Appeal released its groundbreaking 2015 decision, Chaudhary v. Canada 2015 ONCA 700. ... [read more]