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Immigration

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Monday, December 17, 2018 @ 9:44 AM

Stiff penalties for foreign worker non-compliance foreign_workers_sm

Each year, thousands of temporary foreign workers arrive in Canada under the Temporary Foreign Worker Program and the International Mobility Program (IMP). The Temporary Foreign Worker Program (TFWP) involves a process where employers must first obtain a Labour Market Impact Assessment (LMIA) through Employment and Social Development Canada (ESDC) before the foreign worker may apply for a work permit issued by Immigration, Refugees and Citizenship Canada (IRCC). The LMIA involves testing the local labour market and analysing regional labour trends and shortages. All work permits under this program are subject to the compliance regime. ... [read more]

Monday, December 17, 2018 @ 9:18 AM

Canada’s 2019-2021 immigration levels aiming for record | Colin Singer

Canada’s latest three-year immigration levels plan shows how the federal government is embracing managed increases in raising its annual immigration numbers. It will reach a modern-day record 350,000 new immigrants by 2021, with most of the increase weighted toward the economic stream. ... [read more]

Monday, December 10, 2018 @ 8:48 AM

Cannabis and the ongoing risks at the border

October 2018 was an exciting time in Canada’s history. As only the second country in the world (and by far the largest) to legalize the recreational use of cannabis, the buzz has been seemingly unending about the personal freedom and business opportunities this move provides to Canadians. However, it is important to realize that real risks still exist for both business people and individuals crossing the border into the U.S., with cannabis remaining on Schedule 1 of the U.S. Controlled Substances Act — which classifies drugs, substances and certain chemicals used to make drugs into five categories/schedules depending upon the drug’s acceptable medical use and the drug’s abuse or dependency potential in the U.S. ... [read more]

Wednesday, December 05, 2018 @ 2:23 PM

Toronto virtual law firm expands practice areas

ClearWay Law has expanded its family and immigration law firm to include wills, estates and commercial law, CEO Alistair Vigier announced on Dec. 4. ... [read more]

Wednesday, December 05, 2018 @ 11:38 AM - Last Updated: Wednesday, December 05, 2018 @ 5:22 PM

Ex-SCC judge who co-wrote Dunsmuir weighs in as counsel as top court revisits Dunsmuir’s standard of review

Ex-Supreme Court of Canada Justice Michel Bastarache’s participation as a counsel in three appeals the top court is using to revisit one of his most famous judgments, Dunsmuir v. New Brunswick, has renewed debate about what ex-judges can do when they return to legal practice. ... [read more]

Tuesday, December 04, 2018 @ 11:26 AM

The Preclearance Act, 2016: big implications for non-Canadians

Since the Preclearance Act, 2016, S.C. 2017, c. 27, was first introduced in the House of Commons as Bill C-23 in June 2016, there has been much controversy over the broad powers given to U.S. border officers, the wide scope of offences under the Act and its potential impact on Canadians. ... [read more]

Monday, December 03, 2018 @ 10:45 AM

SCC poised to hear ‘admin-lawlapalooza’ but scholar doubts judges can find standard of review ‘holy grail’ Robert Danay

Lawyers watching this week’s blockbuster three-day Supreme Court hearing on standard of review should keep a sharp eye on Justices Michael Moldaver and Sheilah Martin, advises B.C. lawyer Robert Danay, who tracks the administrative law voting records of the court’s nine members. ... [read more]

Monday, November 26, 2018 @ 9:28 AM

Some Canadian lawyers expect U.S. government to get with times, legalize marijuana nationwide Guidy Mamann

On Dec. 6, anyone will be able to smoke recreational pot legally in Detroit after Michigan voters approved a measure to legalize recreational marijuana as part of the midterm elections earlier this month. However, transporting cannabis from Windsor, Ont., across the Canada-United States border remains off the table until marijuana is legalized at the federal level in the U.S. ... [read more]

Thursday, November 22, 2018 @ 9:31 AM

Border blockades: Do they make sense? wallwithbarbedwire_sm.jpg

Rajan approached an unofficial border crossing along the Mexican-U.S. border with his hands in the air, expecting to be arrested. His journey from Sri Lanka had been circuitous and dangerous. He left behind what used to be a good life before his problems began. He was managing a store and his wife recently gave birth to their son. At the border, Rajan requested asylum and was taken into custody. ... [read more]

Tuesday, November 20, 2018 @ 2:24 PM

Federal Court clarifies refugee appeal tribunal’s power Cheryl Robinson

In a consequential decision that could preview a ruling from the Supreme Court of Canada on an administrative law case coming before it in December, the Federal Court recently held that the Immigration and Refugee Board (IRB) of Canada’s appeal division is taking the wrong approach to review certain determinations made by the lower tribunal, the Refugee Protection Division (RPD). ... [read more]