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Immigration

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Wednesday, November 14, 2018 @ 10:47 AM

Sentences must be proportionate, not unjustly light to avoid deportation, finds Appeal Court

Threat of deportation can be a factor in the sentencing of a non-citizen, but the punishment must fit the crime and not simply serve as a pass on immigration consequences, says the lawyer of a offending permanent resident whose sentence was increased by Manitoba’s Appeal Court. The Oct. 31 decision in R. v. Yare 2018 MBCA 114 involved Mustaf Ahmed Yare, a 23-year-old Ethiopian man who pleaded guilty to using a vehicle to flee from police, uttering threats and failing to comply with his recognizance. ... [read more]

Monday, November 12, 2018 @ 8:59 AM

Canadian citizenship and the challenges of birth tourism baby_canada_sm

The President of the United States recently indicated that he was preparing an executive order to end birthright citizenship in the U.S.  President Trump said that the United States was the “the only country in the world where a person comes in and has a baby, and the baby is essentially a citizen of the United States for 85 years, with all of those benefits.” In fact, the U.S. is not the only country in the world that grants birthright citizenship. Canada, Mexico and about 30 other countries grant citizenship to babies born in the country. Canadian Citizenship can be acquired by birth pursuant to jus soli — “law of the soil”, which is codified in s. 3(1)(a) of the Citizenship Act. ... [read more]

Thursday, November 08, 2018 @ 8:49 AM

Quebec’s immigration economic stream | Colin Singer

On April 6, 2016, Quebec’s government tabled new legislation: the Quebec Immigration Act. On July 18, 2018, it tabled new regulations: the Quebec Immigration Regulation, providing for a significant overhaul of its immigration programs, which are both now in force. In our last article, we covered the selection rules for business applicants in the Entrepreneur Program. Here are the selection rules for the other two programs. ... [read more]

Tuesday, November 06, 2018 @ 5:42 PM - Last Updated: Wednesday, November 07, 2018 @ 11:29 AM

Judicial council says judge was ‘ill-advised’ and violated rules by acting as Lakehead University’s interim law dean Brian Gover

In a decision expected to be challenged in Federal Court, the Canadian Judicial Council (CJC) has decided that Ontario Superior Court Justice Patrick Smith breached his obligations to devote himself solely to his judicial duties, and to stay out of public and potential legal controversy, when he took a leave of absence formally approved by his chief justice to act pro bono as interim dean of Lakehead University’s struggling new law school. ... [read more]

Tuesday, November 06, 2018 @ 9:31 AM

A hard look at Canada’s own child refugee problem child_refugees_sm

In recent months, hearts have been breaking across Canada hearing the reports of young migrant children being separated from their parents at the southern U.S. border. Personally, it has incited feelings of both sadness and repulsion — I can’t imagine what it must feel like for parents to be separated from their children as a result of inhumane immigration rules when these parents were seeking only safety and stability for their families in the first place. ... [read more]

Monday, November 05, 2018 @ 8:37 AM

CETA’s one-year immigration mobility report card performance_report_sm

It has been just over a year since the Comprehensive Economic and Trade Agreement (CETA) came into force between Canada and the European Union (EU), greatly increasing mobility between Canadian and EU business enterprises. After its first year of use, now is the perfect time for a performance evaluation of CETA’s mobility provisions. ... [read more]

Tuesday, October 30, 2018 @ 10:34 AM

Selection rules for Quebec business immigrants | Colin Singer

Since the coming into effect of the Cullen Couture Agreement in 1978, the Quebec government has extensive powers in immigration, to administer the admission of foreign nationals to its province. On April 6, 2016, Quebec government tabled new legislation: Quebec Immigration Act. On July 18, 2018, it tabled new regulations: Quebec Immigration Regulation, providing for a significant overhaul of its immigration programs, which are both now in force. ... [read more]

Monday, October 29, 2018 @ 12:40 PM

Prisoners without Canadian citizenship due human rights protections: Federal Court of Appeal Jennifer Metcalfe, Prisoners’ Legal Services

The Federal Court of Appeal has overturned a 2006 decision and ruled prisoners who are not citizens are still covered by federal human rights legislation, after a man in a British Columbia prison was denied access to prison chaplaincy services due to the fact he was not considered legally present in Canada. ... [read more]

Wednesday, October 24, 2018 @ 9:22 AM

Risks of moving or residing outside U.S. with a green card dissolving_greencard_sm

With Lawful Permanent Resident (LPR) status (or green card status) in the U.S. comes the privilege of residing in the U.S. What may be less obvious is the responsibility to live in the U.S. that also accompanies it. When one leaves, there is a process to undertake to abandon status, or maintain it. ... [read more]

Tuesday, October 23, 2018 @ 9:06 AM

Judgment Day: The rise of AI in immigration robot_business_sm

Fans of The Terminator series understand “Judgment Day” as the day that the artificial intelligence Skynet becomes self-aware and starts a nuclear strike, killing three billion people in its wake. While this is the material of science fiction, artificial intelligence (AI), machine learning (ML) and automated decision making is a part of our reality and already deployed in myriad ways whether we know it or like it. ... [read more]