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Immigration

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Friday, May 10, 2019 @ 5:41 PM

SCC rules immigration detainees can apply to provincial superior courts for habeas corpus Nico Breed

The Supreme Court of Canada has affirmed 6-1 that persons detained pursuant to the Immigration and Refugee Protection Act (IRPA) may seek habeas corpus review in superior court when the detainee contends that the detention’s length, uncertain duration or conditions are illegal. ... [read more]

Friday, May 10, 2019 @ 2:21 PM

OFFENCES AND ENFORCEMENT - Release from detention

Appeal by Canada’s Minister of Public Safety and Emergency Preparedness (Minister) from a judgment of the Alberta Court of Appeal setting aside a decision dismissing Chhina’s application for habeas corpus. ... [read more]

Friday, May 10, 2019 @ 9:16 AM

IRB needs timely appointments and resources as refugee claim backlogs, wait times skyrocket Sylvain Ricard

Ottawa must consistently ensure that the Immigration and Refugee Board (IRB) speedily gets the appointments and resources it needs — without the chronic delays the IRB typically suffers. That’s the prescription from immigration law specialist Ravi Jain, vice-chair of the Canadian Bar Association’s immigration law section, for the litany of ills highlighted this week by Interim Auditor General Sylvain Ricard. ... [read more]

Friday, May 10, 2019 @ 8:24 AM

Not filing U.S. tax forms serious for Americans in Canada FBAR_tax_sm

It’s been nine years since the Foreign Account Tax Compliance Act (FATCA) was passed in the United States, and almost five since the U.S. and Canada entered into an intergovernmental agreement to share tax-related information. Americans who live in Canada should know now that they are required to file a U.S. tax return and other information returns annually. ... [read more]

Thursday, May 09, 2019 @ 9:17 AM

Habeas corpus and immigration detention: Top court to weigh in immgration_jail_sm

As mentioned in our previous article, the Supreme Court of Canada is expected to weigh in on availability of a writ of habeas corpus to those being held in immigration detention in Minister of Public Safety and Emergency Preparedness, et al. v. Tusif Ur Rehman Chhina, Docket 37770. ... [read more]

Wednesday, May 08, 2019 @ 1:31 PM

Lawyers, doctors protest Ontario cuts to legal aid, immigration advocacy Legal_Aid_Demonstration_sm

A May 7 rally at Ontario’s legislature by lawyers and doctors protesting cuts to legal aid was about “life and death” for vulnerable people in need of advocacy, says an organizer. ... [read more]

Wednesday, May 08, 2019 @ 9:50 AM

Foreign Beneficiaries: From multiple taxation to transfer of interests foreign_money_sm

With increased mobility of people and their assets, more and more estates have a multijurisdictional dimension. A multitude of special considerations come into play which must be identified and dealt with if an estate has foreign beneficiaries which increase the complexity of the estate administration. This series of articles highlights a number of them and is written from the perspective of Canadian and Ontario law. ... [read more]

Wednesday, May 08, 2019 @ 9:31 AM

Ottawa tables legislation to create independent oversight for CBSA Ralph Goodale

The Liberal government has unveiled legislation to revamp the RCMP’s public complaints body and create external oversight for the Canada Border Services Agency (CBSA). ... [read more]

Wednesday, May 08, 2019 @ 8:33 AM

Cutting legal aid for refugee claimants is lose-lose cutting_money_sm

The first time I worked on a refugee file was in 1983. As a law student at Osgoode Hall Law School’s Community and Legal Aid Services Program, I interviewed a young man who came into the clinic. He had escaped a repressive African country where he was imprisoned and tortured because he attended a peaceful demonstration. My supervisor ended up instructing me to refer him to a lawyer who could take on his case with a legal aid certificate, because the matter was too complex for a law student to handle. ... [read more]

Tuesday, May 07, 2019 @ 1:01 PM

Ford cuts, Goldstein column, revisited | Scott Reid

It was with dismay bordering on disbelief that I read Sam Goldstein’s article in The Lawyer’s Daily regarding crime victim compensation. ... [read more]