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Immigration

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Monday, June 05, 2017 @ 02:13 PM

Immigration minister to speak at CBA conference

Minister of Immigration, Refugees and Citizenship Ahmed Hussen is scheduled to speak at the Canadian Bar Association’s annual immigration law conference, being held from June 8-10 in Toronto. ... [read more]

Wednesday, May 24, 2017 @ 02:43 PM

Dentons plans combination with Peruvian law firm

Dentons has announced it hopes to form a combination with Gallo Barrios Pickmann in Peru, one of the strongest and fastest-growing economies in Latin America. ... [read more]

Tuesday, May 16, 2017 @ 08:59 AM

Trump’s tax plan may not be good for Canada

On April 26, 2017, the White House announced President Donald Trump’s new tax plan which promises what he says would be one of the biggest tax cuts in American history. He also says it would simplify the tax code. While the plan only outlines core principles, it does promise significant tax cuts, especially for corporations. However, Trump’s plan may not be such a welcome for non-Americans. ... [read more]

Monday, May 15, 2017 @ 01:23 PM

Federal Court orders Ottawa to end expedited citizenship revocation process Aris Daghighian

A landmark Federal Court of Canada ruling last week striking down provisions of the Harper Conservative government’s amendments to the Citizenship Act that expedited the revocation of citizenship on grounds of fraud or misrepresentation could restore citizenship to hundreds of Canadians. ... [read more]

Wednesday, May 03, 2017 @ 08:48 AM

How Trump’s 'Buy American, Hire American' impacts cross-border companies

The presidential executive order on “Buy American and Hire American” immediately impacts Canada-U.S. trade potentially more than any action or tweet issued by U.S. President Donald Trump during the first 100 days of his administration. Contrary to various media reports, the executive order is more than just an internal study of government procurement policies (“Buy American”), or limited to highly skilled foreign workers (“Hire American”). ... [read more]

Thursday, April 20, 2017 @ 09:34 AM

Americans beware — don’t move to Canada without knowing consequences of U.S. exit tax

Last year more than 30,000 Americans were refused entry into Canada, a jump of 31 per cent over 2015 and four times the total from 2014. That is according to the Canada Border Services Agency, which is responsible for border security. ... [read more]

Wednesday, April 19, 2017 @ 10:21 AM

It’s a start, but bills C-45 and C-46 need more work

With the number of issues that have been highlighted in the days immediately following the tabling of the proposed new marijuana legislation, there is little doubt that the wording of both bills will undergo some evolution before they are ever passed into law. ... [read more]

Tuesday, April 18, 2017 @ 11:13 AM

B.C. residents can dial up free legal advice on April 22

The Canadian Bar Association, B.C. branch, is hosting a Dial-a-Lawyer Day on April 22 as part of Law Week celebrations. ... [read more]

Tuesday, April 11, 2017 @ 08:45 AM

Amendment would reinstate Canadians’ right to hearing before citizenship stripped Lorne Waldman

A proposed amendment looks to put an end to Canadians being stripped of their citizenship without a court hearing. ... [read more]

Tuesday, April 11, 2017 @ 07:49 AM

NATURALIZATION OR CITIZENSHIP - Application for grant of citizenship - Powers and duties of citizenship judge - Procedure - Appeals and judicial review - Citizenship Act and Regulations - Interpretation

Appeal by the Minister from an order of mandamus requiring it to continue to process the respondent’s citizenship application. The respondent, a citizen of Sri Lanka, obtained refugee status after coming to Canada in 2009. He was granted permanent residence in Canada in 2011 and commenced a citizenship application in 2015. The Minister applied for cessation proceedings pursuant to s. 108 of the Immigration and Refugee Protection Act on the grounds that the respondent had returned to Sri Lanka for extended stays between 2011 and 2013, and had therefore re-availed himself of Sri Lankan protection. The respondent attended at a citizenship interview, passed the knowledge and language tests, and established his identity and residency. The Minister suspended the respondent’s citizenship proceedings in January 2016, claiming that it had authority to suspend the application pending the outcome of the cessation proceedings pursuant to s. 13.1 of the Citizenship Act. The respondent argued that the Minister's position was contrary to the court's previous ruling in a similar case, which found that the Minister did not have authority to suspend citizenship proceedings once commenced, pending cessation hearings. He sought an order of mandamus requiring the Minister to continue his citizenship proceedings. The judge allowed the respondent’s application, finding that he had met the test for an order of mandamus. He found that the Minister owed the respondent a legal duty to act, no other adequate remedy was available, the order would be of practical effect, and the relief sought was barred by equity and favoured on the balance of convenience. He further found that the respondent had met all of the conditions to obtain Canadian citizenship under s. 5(1) of the Act. He also found that the Minister had suspended the respondent’s application contrary to the court's clear prior decision in which it was found that s. 13.1 of the Act did not provide authority to do so. The judge further found that the Minister’s servants had acted in bad faith, in a reprehensible manner, and put the applicant to considerable legal expense, which justified an award of special costs in the respondent’s favour. ... [read more]