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Immigration

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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]

Thursday, November 24, 2016 @ 7:00 PM

Immigration Law - Naturalization or citizenship - Loss of or disqualification from citizenship - Grounds, false representation, fraud or concealing material circumstances - Appeals and judicial review

Motion by the British Columbia Civil Liberties Association and the Canadian Association of Refugee Lawyers for an order staying operation of s. 10(1) of the Citizenship Act pending judicial determination of its constitutionality and validity. Under s. 10(1) of the Citizenship Act, the Minister of Immigration, Refugees and Citizenship had authority to revoke citizenship if it was obtained by false representation, fraud, or knowingly concealing material circumstances. A group of judicial review applications were under case management with respect to individuals who had either received a notice of intent to revoke citizenship or had had their citizenship revoked. Those applications sought to challenge the constitutionality of 2014 amendments to the revocation procedure in s. 10 of the Citizenship Act. Two case management orders enjoined the Minister from taking any steps under the notices to revoke citizenship until the underlying legal and constitutional questions were finally determined. The moving parties sought a stay of operation of s. 10(1) of the Act in order to protect the interests of any individuals who had received a notice of intent to revoke citizenship, but had not yet commenced judicial review applications. The Minister opposed the relief sought. ... [read more]

Thursday, October 20, 2016 @ 8:00 PM

Number of options available to skilled U.S. professionals and their dependants

For months, Canadians watched the Republican presidential race in disbelief as we wondered whether it would be possible for Donald Trump to clinch the nomination. Now, in the midst of the presidential election, we still cringe at the thought he may just make it all the way to the Oval Office. ... [read more]