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Immigration

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Wednesday, June 06, 2018 @ 9:18 AM

NEXUS surprise: Renewals could trigger need for U.S. work authorization nexus_border_sm

The NEXUS program is a wonderful opportunity for Canadians travelling to the U.S. to avoid the long lines and overall anxiety of Customs and Border Protection (CBP) inspections at land borders and pre-flight inspections at airports. However, more and more NEXUS renewal applicants are being told they need to apply for U.S. work authorization before being approved for a new NEXUS card. ... [read more]

Tuesday, June 05, 2018 @ 8:27 AM

NATURALIZATION OR CITIZENSHIP - Loss of or disqualification from citizenship

Application by Timothy Vavilov for judicial review of the refusal of his application for a certificate of Canadian citizenship. ... [read more]

Friday, June 01, 2018 @ 2:25 PM

Lawyer becomes CEO of Immigration Consultants of Canada Regulatory Council

Wendy Kelley is the new CEO of the Immigration Consultants of Canada Regulatory Council (ICCRC). ... [read more]

Friday, June 01, 2018 @ 8:51 AM

Express Entry applications show what Canada values express_entry_sm

So far in 2018, we have seen Immigration, Refugees and Citizenship Canada (IRCC) issue 10 rounds of invitations to Express Entry candidates. Given the current volume of high-scoring candidates in the pool, candidates must be highly competitive to be selected. The following factors can significantly impact a candidate’s chances of success and reflect the qualities most desired in Canada’s current economic immigration system. ... [read more]

Wednesday, May 30, 2018 @ 8:46 AM

Habeas corpus and the immigration detention of non-citizens immigration_detention_sm

Immigration detentions of non-citizens must only be for an immigration-related purpose. Undoubtedly, a detention is never pleasant. However, it is not the detention itself, or even its length, that is objectionable, but its unlawfulness. Often non-citizens are being detained on a faulty factual premise, inadvertent errors or criminal charges without a conviction. Once detained, it is difficult to secure a release and the detention can span years. ... [read more]

Monday, May 28, 2018 @ 9:03 AM

New Canada passport changes aim to protect children | Colin Singer

The federal government has made important changes to Canada passport rules with the aim of protecting children under age 16 and preventing the document from being misused. ... [read more]

Friday, May 25, 2018 @ 3:00 PM

PROCEDURE - Pleas - Change of plea - Voluntariness

Appeal by Wong from a judgment of the British Columbia Court of Appeal affirming his conviction for trafficking in cocaine. ... [read more]

Friday, May 25, 2018 @ 1:00 PM - Last Updated: Friday, May 25, 2018 @ 4:51 PM

SCC clarifies law on setting aside uninformed guilty pleas Micahel Moldaver

The Supreme Court of Canada has divided over the test for setting aside uninformed guilty pleas in a 4-3 decision that upholds the cocaine trafficking conviction of a B.C. permanent resident who was not informed by his criminal defence counsel that his guilty plea could lead to him being deported for “serious criminality” under Canada’s immigration laws. ... [read more]

Tuesday, May 15, 2018 @ 10:38 AM

Dunsmuir revisited: If at first you don’t succeed… | Heather MacIvor

On May 10, 2018 the Supreme Court of Canada announced that it would hear three appeals from the Federal Court of Appeal (FCA). Most unusually, we were told why the Court granted leave: “The Court is of the view that these appeals provide an opportunity to consider the nature and scope of judicial review of administrative action, as addressed in Dunsmuir v. New Brunswick, [2008] 1 S.C.R. 190, 2008 SCC 9, and subsequent cases.” This is big news. ... [read more]

Thursday, May 10, 2018 @ 10:56 AM - Last Updated: Thursday, May 10, 2018 @ 12:53 PM

SCC announces it is revisiting Dunsmuir; unusual move is ‘catnip for law nerds’ Eugene Meehan

In a highly unusual move, the Supreme Court of Canada has served notice that it plans to revisit its landmark Dunsmuir judgment on standard of review. ... [read more]