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Immigration

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Friday, June 01, 2018 @ 8:51 AM

Express Entry applications show what Canada values express_entry_sm

So far in 2018, we have seen Immigration, Refugees and Citizenship Canada (IRCC) issue 10 rounds of invitations to Express Entry candidates. Given the current volume of high-scoring candidates in the pool, candidates must be highly competitive to be selected. The following factors can significantly impact a candidate’s chances of success and reflect the qualities most desired in Canada’s current economic immigration system. ... [read more]

Wednesday, May 30, 2018 @ 8:46 AM

Habeas corpus and the immigration detention of non-citizens immigration_detention_sm

Immigration detentions of non-citizens must only be for an immigration-related purpose. Undoubtedly, a detention is never pleasant. However, it is not the detention itself, or even its length, that is objectionable, but its unlawfulness. Often non-citizens are being detained on a faulty factual premise, inadvertent errors or criminal charges without a conviction. Once detained, it is difficult to secure a release and the detention can span years. ... [read more]

Monday, May 28, 2018 @ 9:03 AM

New Canada passport changes aim to protect children | Colin Singer

The federal government has made important changes to Canada passport rules with the aim of protecting children under age 16 and preventing the document from being misused. ... [read more]

Friday, May 25, 2018 @ 3:00 PM

PROCEDURE - Pleas - Change of plea - Voluntariness

Appeal by Wong from a judgment of the British Columbia Court of Appeal affirming his conviction for trafficking in cocaine. ... [read more]

Friday, May 25, 2018 @ 1:00 PM - Last Updated: Friday, May 25, 2018 @ 4:51 PM

SCC clarifies law on setting aside uninformed guilty pleas Micahel Moldaver

The Supreme Court of Canada has divided over the test for setting aside uninformed guilty pleas in a 4-3 decision that upholds the cocaine trafficking conviction of a B.C. permanent resident who was not informed by his criminal defence counsel that his guilty plea could lead to him being deported for “serious criminality” under Canada’s immigration laws. ... [read more]

Tuesday, May 15, 2018 @ 10:38 AM

Dunsmuir revisited: If at first you don’t succeed… | Heather MacIvor

On May 10, 2018 the Supreme Court of Canada announced that it would hear three appeals from the Federal Court of Appeal (FCA). Most unusually, we were told why the Court granted leave: “The Court is of the view that these appeals provide an opportunity to consider the nature and scope of judicial review of administrative action, as addressed in Dunsmuir v. New Brunswick, [2008] 1 S.C.R. 190, 2008 SCC 9, and subsequent cases.” This is big news. ... [read more]

Thursday, May 10, 2018 @ 10:56 AM - Last Updated: Thursday, May 10, 2018 @ 12:53 PM

SCC announces it is revisiting Dunsmuir; unusual move is ‘catnip for law nerds’ Eugene Meehan

In a highly unusual move, the Supreme Court of Canada has served notice that it plans to revisit its landmark Dunsmuir judgment on standard of review. ... [read more]

Tuesday, May 08, 2018 @ 8:55 AM

Medical inadmissibility and the movement toward inclusivity immigration_exam_sm

The subject of Canada’s medical inadmissibility provisions has been a hot topic on the government’s radar in recent years. The focus has been on s. 38(1)(c) of the Immigration and Refugee Protection Act (IRPA), which provides a foreign national is inadmissible to Canada on health grounds if their health condition might reasonably be expected to cause excessive demand on health or social services. The effect is to exclude foreign nationals from entering or remaining in Canada, if they are found by Immigration Refugees and Citizenship Canada (IRCC) to fall under the provision. ... [read more]

Friday, May 04, 2018 @ 11:10 AM - Last Updated: Friday, May 04, 2018 @ 12:43 PM

N.L. legal system has part to play in cultural diversity, says top human rights official Carey_Majid_sm

Newfoundland and Labrador’s legal sector must provide better access to justice for immigrants as the province continues its push to attract and hold on to people of cultural diversity, says the head of the province’s human rights commission. ... [read more]

Thursday, May 03, 2018 @ 8:47 AM

Four common reasons for being refused entry to the U.S. refused_entry_sm

There are lots of obvious reasons why someone might be turned away at the border (such as drug trafficking, smuggling, having committed a violent felony, etc.). However, many well-meaning individuals can also get caught in the U.S.’s net of inadmissibility due to far less deliberate or insidious acts. ... [read more]