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Immigration

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Wednesday, May 08, 2019 @ 9:50 AM

Foreign Beneficiaries: From multiple taxation to transfer of interests foreign_money_sm

With increased mobility of people and their assets, more and more estates have a multijurisdictional dimension. A multitude of special considerations come into play which must be identified and dealt with if an estate has foreign beneficiaries which increase the complexity of the estate administration. This series of articles highlights a number of them and is written from the perspective of Canadian and Ontario law. ... [read more]

Wednesday, May 08, 2019 @ 9:31 AM

Ottawa tables legislation to create independent oversight for CBSA Ralph Goodale

The Liberal government has unveiled legislation to revamp the RCMP’s public complaints body and create external oversight for the Canada Border Services Agency (CBSA). ... [read more]

Wednesday, May 08, 2019 @ 8:33 AM

Cutting legal aid for refugee claimants is lose-lose cutting_money_sm

The first time I worked on a refugee file was in 1983. As a law student at Osgoode Hall Law School’s Community and Legal Aid Services Program, I interviewed a young man who came into the clinic. He had escaped a repressive African country where he was imprisoned and tortured because he attended a peaceful demonstration. My supervisor ended up instructing me to refer him to a lawyer who could take on his case with a legal aid certificate, because the matter was too complex for a law student to handle. ... [read more]

Tuesday, May 07, 2019 @ 1:01 PM

Ford cuts, Goldstein column, revisited | Scott Reid

It was with dismay bordering on disbelief that I read Sam Goldstein’s article in The Lawyer’s Daily regarding crime victim compensation. ... [read more]

Monday, May 06, 2019 @ 8:36 AM

Access to justice without access to funding: legal aid cuts | Kelly Goldthorpe

“If they actually looked into it, there is more money being spent on lawyer fees and less cases. The people that actually need the system to help them, they aren’t getting the proper support. We have to hold these people accountable. When there’s more money to the lawyers and less money to the people, I’ve got an issue with it.” — Ontario Premier Doug Ford, April 22, 2019. ... [read more]

Friday, May 03, 2019 @ 12:39 PM

Migrant workers fight back through courts, law reform advocacy silhouettefarmer_jpg

Migrant workers Maila Ceguerra, Lourdes dela Pena, Jesse Veneranda and Marisol Bobadilla have filed an Ontario small claims court action against recruitment agency Link4Staff Inc and their former employer Sharon Mushroom Farm. In addition to this civil action, Laxman Marsonia, the farm owner, faces human trafficking and misrepresentation-related charges under the Immigration and Refugee Protection Act. ... [read more]

Thursday, May 02, 2019 @ 9:50 AM

Impact of H-1B visa changes for Canadian workers, U.S. employers canada_u.s._sm

Any employer who has been through the H-1B visa filing process over the last several years is likely to agree that the petitioning process has become a bit of a nightmare. The process is plagued by long delays in adjudication — or even, in knowing whether their petition was selected for adjudication in the annual lottery for H-1B visas held by the U.S. government. ... [read more]

Monday, April 29, 2019 @ 4:21 PM

Refugees’ ‘demonstrably unfit’ 45-day sentence tossed by Quebec Appeal Court

Two days after the federal government proposed to make it tougher for asylum seekers from making refugee claims in Canada, the Quebec Court of Appeal overturned a 45-day prison sentence issued against a Colombian mother and son who pleaded guilty to unlawful entry into Canada.     ... [read more]

Monday, April 29, 2019 @ 11:43 AM

Reflections on how we see each other and how the public sees us | Ian Wilkinson

This article is in response to Sam Goldstein’s article Difference between lawyers, paralegals wherein he says “I am pointing out there is a difference between a bachelor’s degree and community college diploma and no amount of specialized training can make up for that difference.” ... [read more]

Monday, April 29, 2019 @ 11:06 AM

Habeas corpus and immigration detention: Really an option? immigration_jail_sm

Immigration lawyers everywhere whose clients include those being held in immigration detention are anxiously awaiting the Supreme Court of Canada’s decision in Minister of Public Safety and Emergency Preparedness, et al. v. Tusif Ur Rehman Chhina, Docket 37770. The Supreme Court is expected to weigh in on availability of a writ of habeas corpus to those being held in immigration detention. ... [read more]