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Immigration

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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]

Thursday, September 20, 2018 @ 9:04 AM

Improving access to justice for litigants and their lawyers tops Federal Court Chief Justice Paul Crampton’s agenda TLD Exclusive

The Federal Court’s leader says improving access to justice for litigants and their lawyers is the aim of several of the national trial court’s new initiatives. In an exclusive annual interview, Chief Justice Paul Crampton spoke with characteristic passion and candour about the state of the itinerant Ottawa-based court, including new and impending measures to assist the bar and the public, and some remaining massive challenges for the bilingual paper-based institution which he, his colleagues and staff are determined to drag into the digital age. ... [read more]

Wednesday, September 19, 2018 @ 8:37 AM

NATURALIZATION OR CITIZENSHIP - Requirements for grant of citizenship - Residency

Application by the Minister of Citizenship and Immigration for judicial review of the decision of a citizenship judge approving the respondent El Hady for Canadian citizenship. ... [read more]

Wednesday, September 19, 2018 @ 8:35 AM

REFUGEE PROTECTION - Grounds for disqualification - Failure to establish identity

Application for judicial review of a decision of the Refugee Protection Division (RPD) denying applicants’ claim for refugee protection. ... [read more]

Wednesday, September 12, 2018 @ 8:42 AM

Employment discrimination based on citizenship discrimination_immigration_sm

Canadian citizens and permanent residents have an unrestricted right to work for any employer in Canada. Non-citizens’ right to work is restricted by a statutory requirement to obtain a work permit. When employers make a distinction between job candidates on the basis of a person’s immigration status it may lead to an allegation of discrimination on the basis of citizenship, a prohibited ground of discrimination under the Human Rights Code (Code). ... [read more]

Monday, September 10, 2018 @ 9:16 AM

Trump’s tax changes hit U.S. residents of Canada, dual citizenship holders dual_citizen_sm

Recent tax changes in the United States can have huge implications for Canadian residents with U.S. or dual U.S.-Canadian citizenship. ... [read more]

Friday, September 07, 2018 @ 9:25 AM

Express Entry 2018: By the numbers express_immigration_sm

Express Entry is Canada’s immigration application management system. The system is designed to select economic class immigrants who have the highest probability for success in Canada. Express Entry manages the Canadian Experience Class, Federal Skilled Worker, Federal Skilled Trades Program and some Provincial Nominee Programs. ... [read more]

Thursday, September 06, 2018 @ 9:22 AM

CJC to appeal Federal Court’s ruling that judicial council subject to judicial review; discipline body alleges errors, appearance of bias Simon Noel

The Canadian Judicial Council (CJC) is appealing an important jurisdictional decision in which the presiding Federal Court judge accuses the leadership of the council of 39 chief justices of disrespecting his court and making poor litigation choices, and also “questions” whether CJC responses to queries from The Lawyer’s Daily amounted to “pressuring” federal Justice Minister Jody Wilson-Raybould to fire a Quebec judge “without regard for the judicial [review] proceedings that are legitimately before this [Federal] Court. ... [read more]

Wednesday, September 05, 2018 @ 9:27 AM

SCC fall session features landmark cases on standard of review and sexual assault Steven Mason

Judicial review, class actions and sexual assault cases dominate the Supreme Court of Canada’s fall session. From Oct. 10 to Dec. 14, the nine judges will hear 26 appeals (only 10 are criminal) on an eclectic docket that also features cases on bankruptcy, bail review, civil procedure, freedom of the press, labour law, search and seizure and tax. ... [read more]

Friday, August 31, 2018 @ 3:55 PM

‘Five eyes’ officials agree to seek to enable police access to private encrypted info Ralph Goodale

Canada and the other “five eyes countries” are convening an “extraordinary” meeting of senior officials responsible for criminal justice, border protection and law enforcement with the aim of finding new ways to boost cross-border information sharing and their fight against “serious criminal threats.”     ... [read more]