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Friday, October 05, 2018 @ 5:01 AM

Challenges await with NAFTA 2.0, say lawyers Cyndee Todgham Cherniak

There still may be life in the North American Free Trade Agreement (NAFTA), because its recently reached successor pact — the United States-Mexico-Canada Agreement (USMCA) — is not quite a done deal. However, lawyers still need to be prepared for the NAFTA-to-UMSCA transition, according to an international trade lawyer who serves as a NAFTA dispute resolution panellist. ... [read more]

Thursday, October 04, 2018 @ 8:55 AM

OFFENCE AND ENFORCEMENT - Arrest and detention - Detention orders

Appeal by Toure from the dismissal of his habeas corpus application. ... [read more]

Wednesday, October 03, 2018 @ 9:04 AM

Appeal offers a look at inner workings of Ministry of Immigration inner_workings_sm

A recent Federal Court of Appeal decision, Jean Pierre v. Canada 2018 FCA 97, is worth a read for any immigration law practitioner. The case provides a unique look into the Ministry of Immigration, Refugees and Citizenship of Canada and the roles and duties of different officers. ... [read more]

Tuesday, October 02, 2018 @ 12:22 PM

Ex-Nazi interpreter tied to war crimes loses latest court case to keep Canadian citizenship

Nearly a quarter-century after he was first notified that his Canadian citizenship would be revoked, Helmut Oberlander — the last known Nazi living in Canada found to be complicit in war crimes during the Second World War — could finally face deportation to Germany following a recent Federal Court ruling. ... [read more]

Wednesday, September 26, 2018 @ 8:48 AM

New immigration system to accept 20,000 parents, grandparents | Colin Singer

Canada will once again change the way it selects candidates under the Parents and Grandparents Sponsorship Program in 2019. ... [read more]

Wednesday, September 26, 2018 @ 6:04 AM

Artificial intelligence used in immigration systems raises human rights concerns, report says Petra Molnar sm

A new report released by the University of Toronto (U of T) is drawing attention to the use of automated decision-making technologies in Canada’s immigration and refugee systems, with academics calling on the government to implement best practices to protect vulnerable peoples. ... [read more]

Tuesday, September 25, 2018 @ 9:13 AM

Legality of Canadian cannabis stops at the U.S. border cannabis_border_sm

In the United States, medicinal and recreational cannabis use has been legalized in several states. However, under United States Federal law, cannabis use and possession is illegal and is considered a Schedule 1 controlled substance under the US Controlled Substances Act of 1970. Under U.S. Immigration law, anyone who has violated a federal or state law relating to a controlled substance is inadmissible to the country. ... [read more]

Tuesday, September 25, 2018 @ 8:47 AM

Edmonton allowing undocumented immigrants access to services without having to prove status John Mascarin, Aird & Berlis LLP

Edmonton is moving toward ensuring undocumented immigrants are able to access city services without having to worry about their status being discovered. ... [read more]

Monday, September 24, 2018 @ 9:30 AM

Cross-border estate administration: The U.S.-Ontario mix billsCanada_US_sm

Due primarily to the differences between the two tax regimes, in particular taxation on death, there are fewer complications arising for U.S. estates with Ontario connections if there is an outright distribution with no continuing trusts. Typically, an Ontario-resident beneficiary would create no significant complications for a U.S. estate, since the U.S. levies no additional tax on inheritances which are capital distributions payable to non-U.S. Persons and Canada treats such inheritances as gifts, which are not taxable in Canada in the hands of a beneficiary when received. ... [read more]

Friday, September 21, 2018 @ 6:21 PM

Reforms urged to reduce Federal Court’s ‘arbitrary’ dismissal of refugee claims Sean Rehaag

The Federal Court says it will “closely study” recommendations to reform its practices in refugee cases, following another recent study which indicates that the outcome of life-and-death refugee claims in Canada too often depends on “the luck of the draw” — i.e. which judge happens to be randomly assigned to a failed refugee claimant’s application for judicial review. ... [read more]