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Wednesday, December 05, 2018 @ 11:38 AM - Last Updated: Wednesday, December 05, 2018 @ 5:22 PM

Ex-SCC judge who co-wrote Dunsmuir weighs in as counsel as top court revisits Dunsmuir’s standard of review

Ex-Supreme Court of Canada Justice Michel Bastarache’s participation as a counsel in three appeals the top court is using to revisit one of his most famous judgments, Dunsmuir v. New Brunswick, has renewed debate about what ex-judges can do when they return to legal practice. ... [read more]

Tuesday, December 04, 2018 @ 11:26 AM

The Preclearance Act, 2016: big implications for non-Canadians

Since the Preclearance Act, 2016, S.C. 2017, c. 27, was first introduced in the House of Commons as Bill C-23 in June 2016, there has been much controversy over the broad powers given to U.S. border officers, the wide scope of offences under the Act and its potential impact on Canadians. ... [read more]

Monday, December 03, 2018 @ 10:45 AM

SCC poised to hear ‘admin-lawlapalooza’ but scholar doubts judges can find standard of review ‘holy grail’ Robert Danay

Lawyers watching this week’s blockbuster three-day Supreme Court hearing on standard of review should keep a sharp eye on Justices Michael Moldaver and Sheilah Martin, advises B.C. lawyer Robert Danay, who tracks the administrative law voting records of the court’s nine members. ... [read more]

Monday, November 26, 2018 @ 9:28 AM

Some Canadian lawyers expect U.S. government to get with times, legalize marijuana nationwide Guidy Mamann

On Dec. 6, anyone will be able to smoke recreational pot legally in Detroit after Michigan voters approved a measure to legalize recreational marijuana as part of the midterm elections earlier this month. However, transporting cannabis from Windsor, Ont., across the Canada-United States border remains off the table until marijuana is legalized at the federal level in the U.S. ... [read more]

Thursday, November 22, 2018 @ 9:31 AM

Border blockades: Do they make sense? wallwithbarbedwire_sm.jpg

Rajan approached an unofficial border crossing along the Mexican-U.S. border with his hands in the air, expecting to be arrested. His journey from Sri Lanka had been circuitous and dangerous. He left behind what used to be a good life before his problems began. He was managing a store and his wife recently gave birth to their son. At the border, Rajan requested asylum and was taken into custody. ... [read more]

Tuesday, November 20, 2018 @ 2:24 PM

Federal Court clarifies refugee appeal tribunal’s power Cheryl Robinson

In a consequential decision that could preview a ruling from the Supreme Court of Canada on an administrative law case coming before it in December, the Federal Court recently held that the Immigration and Refugee Board (IRB) of Canada’s appeal division is taking the wrong approach to review certain determinations made by the lower tribunal, the Refugee Protection Division (RPD). ... [read more]

Wednesday, November 14, 2018 @ 10:47 AM

Sentences must be proportionate, not unjustly light to avoid deportation, finds Appeal Court

Threat of deportation can be a factor in the sentencing of a non-citizen, but the punishment must fit the crime and not simply serve as a pass on immigration consequences, says the lawyer of a offending permanent resident whose sentence was increased by Manitoba’s Appeal Court. The Oct. 31 decision in R. v. Yare 2018 MBCA 114 involved Mustaf Ahmed Yare, a 23-year-old Ethiopian man who pleaded guilty to using a vehicle to flee from police, uttering threats and failing to comply with his recognizance. ... [read more]

Monday, November 12, 2018 @ 8:59 AM

Canadian citizenship and the challenges of birth tourism baby_canada_sm

The President of the United States recently indicated that he was preparing an executive order to end birthright citizenship in the U.S.  President Trump said that the United States was the “the only country in the world where a person comes in and has a baby, and the baby is essentially a citizen of the United States for 85 years, with all of those benefits.” In fact, the U.S. is not the only country in the world that grants birthright citizenship. Canada, Mexico and about 30 other countries grant citizenship to babies born in the country. Canadian Citizenship can be acquired by birth pursuant to jus soli — “law of the soil”, which is codified in s. 3(1)(a) of the Citizenship Act. ... [read more]

Thursday, November 08, 2018 @ 8:49 AM

Quebec’s immigration economic stream | Colin Singer

On April 6, 2016, Quebec’s government tabled new legislation: the Quebec Immigration Act. On July 18, 2018, it tabled new regulations: the Quebec Immigration Regulation, providing for a significant overhaul of its immigration programs, which are both now in force. In our last article, we covered the selection rules for business applicants in the Entrepreneur Program. Here are the selection rules for the other two programs. ... [read more]

Tuesday, November 06, 2018 @ 5:42 PM - Last Updated: Wednesday, November 07, 2018 @ 11:29 AM

Judicial council says judge was ‘ill-advised’ and violated rules by acting as Lakehead University’s interim law dean Brian Gover

In a decision expected to be challenged in Federal Court, the Canadian Judicial Council (CJC) has decided that Ontario Superior Court Justice Patrick Smith breached his obligations to devote himself solely to his judicial duties, and to stay out of public and potential legal controversy, when he took a leave of absence formally approved by his chief justice to act pro bono as interim dean of Lakehead University’s struggling new law school. ... [read more]