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Immigration

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Friday, June 21, 2019 @ 8:18 AM

U.S. looking for ways to reduce legal immigration visa_denied_sm

Immigration policy proposals under the current administration represent a continuing trend toward discouraging legal immigration to the United States. While current efforts to thwart illegal immigration dominate headlines, the opaque measures to reduce and frustrate legal immigration tend to fly under the radar. ... [read more]

Thursday, June 20, 2019 @ 8:44 AM - Last Updated: Friday, June 21, 2019 @ 8:34 AM

Ontario court slams CBSA’s ‘systemic’ illegal warrantless border searches, excludes child porn on phone Craig Penney

An Ontario provincial court judge has condemned the “serious, longstanding and systemic” practice of Canadian border officials illegally using their broad Customs Act powers to warrantlessly search digital devices for the sole purpose of conducting Criminal Code child pornography investigations. ... [read more]

Monday, June 17, 2019 @ 10:57 AM

Parent, grandparent sponsorship: managing intake, expectations grandparents_immigration_sm

The goal of family reunification is a noble and essential one, guiding the interpretation and application of Canadian immigration law. This goal is codified in s. 3(d) of the Immigration and Refugee Protection Act, which states that one of the primary objectives of the Act is to see that “families are reunited in Canada.” ... [read more]

Monday, June 03, 2019 @ 8:46 AM

Habeas corpus and immigration detention: Review of the law immigration_jail_sm

This is the fourth and final article on the Supreme Court of Canada judgment in Canada (Public Safety and Emergency Preparedness) v. Chhina, 2019 SCC 29, rendered on May 10, 2019. Having identified the basis for Chhina’s application for habeas corpus, Justice Andromache Karakatsanis went on to review the Immigration and Refugee Protection Act (IRPA) detention scheme to determine if the scope of the review under the legislation included a review of the grounds raised by Chhina. She found at para. 59 that the detention review process established by IRPA was not as broad or advantageous as habeas corpus where an applicant alleges that their detention is unlawful because it is lengthy and of an uncertain duration for three reasons. ... [read more]

Friday, May 31, 2019 @ 9:05 AM

IRS moves its systems ahead 60 years Abstract tech

The Internal Revenue Service (IRS) in the U.S. is bringing its IT systems into the 21st century, which is good news for American taxpayers and Canadians who must file U.S. returns. It is also good news for tax lawyers and tax accountants. ... [read more]

Friday, May 31, 2019 @ 8:47 AM

The business of cannabis: Key compliance for boards cannabis_warning_sm

The cannabis sector is emerging with extreme rapidity and sky-high valuations. Cannabis companies are being acquired at extremely early stages of their development, before they have gone through a typical business development cycle, and investors are racing to jump in. This creates a unique compliance environment for both counsel and boards to keep in mind. ... [read more]

Thursday, May 30, 2019 @ 11:40 AM

Don’t assume you'll be admitted to U.S. as a Business Visitor business_travel_U.S._sm

There are a few nearly universal requirements for someone to be admitted to the U.S. as a visitor. He must have a foreign residence to which he plans to return. He also cannot be paid for his U.S. activities from a U.S. source; this would compel foreign employees of a U.S. company to obtain work permits for simple meetings in the U.S. As described below, however, simply being paid from Canada will not guarantee B-1 status if the traveler wishes to enter for activities that disqualify him. ... [read more]

Thursday, May 23, 2019 @ 9:25 AM

Habeas corpus and immigration detention: Now a real option immigration_jail_sm

Almost six months after the Supreme Court heard the case of Canada (Public Safety and Emergency Preparedness) v. Chhina 2019 SCC 29, the judgment of the court was rendered on May 10, 2019. ... [read more]

Wednesday, May 22, 2019 @ 2:27 PM

Human trafficking fight requires precision in language and goals handcuffedhands.jpg

For more than a decade the Canadian Women’s Foundation (CWF) has focused on prioritizing women’s safety in anti-trafficking work, ensuring those who have experienced trafficking receive services and supports that recognize their different realities. ... [read more]

Wednesday, May 15, 2019 @ 12:32 PM

OPC opens consultation on transborder data flows: Proposes reversal in approach datalock2.jpb

On April 9, 2019, the Office of the Privacy Commissioner of Canada (OPC) launched a consultation on transborder data flows in which they indicated that they were revisiting their long-held position that a transfer of personal information to a service provider for processing does not require consent from the individual, and now propose that a transfer for processing involves a disclosure of personal information and therefore requires consent. ... [read more]