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Immigration

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Tuesday, March 07, 2017 @ 12:02 AM

Rethink the billable hour to give middle class access to justice | Julius Melnitzer

The best thing the legal profession’s regulators could do to ensure access to justice for the middle class is to ban hourly billing — or at least mandate some sense into its use. ... [read more]

Monday, March 06, 2017 @ 11:39 AM

Detained immigrant children 'legally invisible' in Canada, report claims Invisible Citizens

In Toronto alone, more than 200 children have been kept in immigration detention since 2011. Children are held because their parents are being detained. ... [read more]

Friday, March 03, 2017 @ 3:02 PM

Access to Justice: Thinking big about access to justice | Thomas Cromwell

Access to justice is the biggest challenge facing our legal system. And just about every lawyer I know cares deeply about the health of that system and many are trying to help. But do we understand the problem and are we making progress? Those questions will be the jumping off spot for my exclusive to The Lawyer’s Daily column dedicated to access to civil and family justice in the coming months. ... [read more]

Friday, March 03, 2017 @ 2:55 PM

Rule of law must trump national security | Paul Cavalluzzo

Lawyers in Canada should be gratified to observe the role which lawyers and the rule of law have played recently in the United States in challenging the new president's authoritarian tendencies. With a compliant Congress, the effective checks and balances on the new president (and his alter ego Steve Bannon) will be the courts and the press, as well as concerned citizens protesting in the streets. Needless to say, President Trump has been typically dismissive, arrogant and bullying in regard to these constitutionally protected institutions and activities, which have dared to confront his autocratic ways. ... [read more]

Tuesday, February 07, 2017 @ 3:27 PM

Canadian lawyers at airports to help those caught up in Trump’s travel ban

Canadian lawyers are working at several major Canadian airports to provide information and help those with valid visas get into the United States who are travelling from the countries under U.S. President Donald Trump’s recent travel ban. ... [read more]

Tuesday, February 07, 2017 @ 1:00 PM

U.S. Federal Court issues restraining order on Trump's immigration ban

U.S. President Donald Trump has been handed a sharp rebuke from the federal courts. A temporary nationwide restraining order (TRO) was issued, staying Trump’s controversial executive order that barred nationals from seven Muslim majority countries from entering the United States for 90 days. ... [read more]

Thursday, February 02, 2017 @ 7:00 PM

Court okays electoral bids by prosecutors

Seeking elected office may make a federal prosecutor’s political affiliation publicly known, but that doesn’t automatically impair her ability to do her job. That was the conclusion of the Federal Court of Appeal, in its recent ruling in favour of former prosecutor Emilie Taman. ... [read more]

Thursday, February 02, 2017 @ 7:00 PM

Mattoo seeks justice for marginalized women

Not applicable ... [read more]

Wednesday, February 01, 2017 @ 2:06 PM

In a self-represented world, judges must be the gatekeepers | Gary Joseph

Our adversarial system operates on the premise of passive adjudication.  By this I mean the role of our judges is predominately reflexive as they hear evidence, weigh it and determine disputes based upon what has been presented to them.    Unlike some jurisdictions where judges play an investigative role, our judges must not search out evidence outside of what is presented in court to them by the parties to the dispute.   ... [read more]

Thursday, December 22, 2016 @ 7:00 PM

Immigration Law - REFUGEE PROTECTION - Persecution - Credible basis for claim - Grounds for disqualification - Serious non-political crime

Appeal by the Minister of Citizenship and Immigration from a judicial review judgment in favour of the respondent, Singh. The respondent, a citizen of India, entered Canada in 2014 and claimed refugee status. The Minister subsequently learned the respondent had resided illegally in the United States, was convicted of a sexual offence, and deported in 2007. The respondent changed his first name and date of birth in order to facilitate his travel to Canada. The Refugee Protection Division (RPD) determined that the respondent was excluded from refugee protection status on the basis of criminality. In addition, the RPD found no credible basis for the respondent’s claim. On judicial review, the Federal Court determined that the RPD was precluded from making a no credible basis finding once it had determined a claimant was excluded from protection. The RPD’s decision was set aside and remitted to the RPD to dismiss the respondent’s claim solely on the basis of the criminality exclusion. The Minister appealed. ... [read more]