Focus On

Immigration

Latest

Friday, January 03, 2020 @ 8:26 AM

‘Visas’ and ‘status’: The difference and why it matters visa_american_sm

Canadians enter the U.S. as visitors without any formal documentation, other than Western Hemisphere Travel Initiative-compliant identification documentation (such as a passport or other approved secure document). Unlike the rest of the world, they are visa exempt. Some citizens of certain other countries have their visa requirements waived, but only Canadians are visa exempt. ... [read more]

Thursday, January 02, 2020 @ 11:54 AM

McInnes Cooper adds four new partners

McInnes Cooper announced that the following four lawyers have been admitted to the partnership, effective Jan. 1, 2020.  ... [read more]

Friday, December 20, 2019 @ 10:41 AM

Standard of review post-Dunsmuir: Reasonable or incorrect? | Heather MacIvor

In spring 2018 the Supreme Court of Canada signalled a seismic change in its jurisprudence on administrative law. It granted leave to hear three appeals — two of which were later merged into one — and invited submissions on the standard of review. The appeals were heard in December 2018, and the decisions finally issued on Dec. 19, 2019, (Canada (Minister of Citizenship and Immigration) v. Vavilov 2019 SCC 65, and Bell Canada v. Canada (Attorney General) 2019 SCC 66). ... [read more]

Friday, December 20, 2019 @ 10:07 AM

Nice gig, if you can get the work permit gig_economy_sm

The labour market may be shifting from one characterized by stable, permanent employment to a “gig economy” where temporary or contracted employment, freelancing, contingent work and remote work is the new norm. "Work" in a gig economy includes any job, especially one of short or uncertain duration such as temporary contract work or freelance work. It can also include a side job or informal activity for pay. In the gig economy, independent workers may be paid by the “gig” rather than receive a salary or wage for their services. ... [read more]

Thursday, December 19, 2019 @ 2:37 PM - Last Updated: Friday, December 20, 2019 @ 11:06 AM

SCC rewrites standard of review framework for administrative law in landmark trilogy Aubin Calvert

In a bid to enhance clarity, predictability and access to justice in a muddled area of law that impacts many Canadians, seven of nine judges of the Supreme Court of Canada have collaborated to devise a new standard of review framework which emphasizes that courts should presumptively exercise deference when overseeing administrative decision makers, while also retaining “limited” scope for correctness review. ... [read more]

Thursday, December 19, 2019 @ 1:23 PM

JUDICIAL REVIEW AND STATUTORY APPEAL - Standard of review - Reasonableness

Appeal from a judgment of the Federal Court of Appeal setting aside a decision of the Canadian Registrar of Citizenship (Registrar) cancelling Vavilov’s certificate of citizenship. ... [read more]

Monday, December 16, 2019 @ 8:40 AM

Immigrants ‘flagpoling’ for fast immigration services | Colin Singer

Temporary residents are increasingly turning to “flagpoling” to receive fast immigration services such as a work permit or new permanent residence status.  ... [read more]

Friday, December 13, 2019 @ 8:59 AM

Critical immigration terms and conditions for foreign students foreign_students_sm

Acceptance to a Canadian post-secondary school and the approval of a study permit is a celebratory achievement for all foreign students, providing them with excellent opportunities to enhance academic or professional skills and a pathway to permanent residence. ... [read more]

Wednesday, December 11, 2019 @ 8:38 AM

EXTRADITION AND CRIMINAL MUTUAL LEGAL ASSISTANCE

Application by Sheck for judicial review of an extradition surrender order. ... [read more]

Friday, December 06, 2019 @ 9:34 AM

Drink, drive and be deported: A warning to permanent residents drinking_driving_sm

As the holidays approach, you can feel the change in the air. While the temperature drops, people’s spirits are generally lifted. Merriment abounds, as many of us rush from party to party, celebrating the season with friends and family. However, in all of the hustle and bustle, we can sometimes forget to be vigilant about our alcohol consumption. Many make the unfortunate decision to get behind the wheel as they eagerly head to their next gathering, without recognizing that they are driving impaired. ... [read more]