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Immigration

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Monday, April 06, 2020 @ 8:31 AM

Life as a migrant in the time of COVID-19 immigrants_canada_sm

The experiences of asylum seekers, temporary workers, international students, the undocumented and other migrants in Ontario during the COVID-19 pandemic have thus far been largely ignored by the government. Given that many of these individuals and their families have precarious immigration status, or are undocumented entirely, they disproportionately face severe limitations on their ability to ensure their survival. They may also be unsure of what supports are legally available to them and how certain laws apply to their specific situation. ... [read more]

Friday, April 03, 2020 @ 2:24 PM

No rule that unjust enrichment claim will fail if based on illegal contract: B.C. Court of Appeal

The B.C. Court of Appeal has upheld a lower court decision which ordered a woman to repay hundreds of thousands of dollars she had improperly charged to an acquaintance, despite her argument the money should not have to be returned because it was part of a scheme to deceive immigration authorities. The genesis of the case goes back to 2013, when Me Hee Kim purchased a restaurant from Aesun Choi; as part of the sale, Choi offered to run the business as Kim was in Canada on a study permit. ... [read more]

Friday, April 03, 2020 @ 12:56 PM

Vancouver lawyer caught by COVID-19 crisis in Peru Peter_Swanson

Vancouver lawyer Peter Swanson came close to visiting a historic site on his bucket list last month until what has arguably become the world’s most consequential health crisis scuttled that goal. On the morning of March 14, Swanson, a founding partner of Bernard LLP who primarily practises maritime law, flew to Cusco, Peru, from Rio de Janeiro, where he was attending the 21st annual International Congress of Maritime Arbitrators. ... [read more]

Friday, April 03, 2020 @ 8:30 AM

Facing pandemic as a law practice program candidate 2resumes.jpg

The economic impact of the COVID-19 pandemic has been hard to digest. No one knows how bad it’s going to get or not. Business activity in some regions has fallen sharply and supply chains have been disrupted. This has pulled down commodity prices and the Canadian dollar has depreciated. Consumers and businesses have become more cautious in their spending given the uncertainty. ... [read more]

Thursday, April 02, 2020 @ 10:14 AM

Federal Court applies Vavilov in quashing decision revoking passport passport_application_sm

In a rare decision, Alsaloussi v. Canada (Attorney General) 2020 FC 364, the Federal Court recently quashed a decision of the Passport Division of Immigration, Refugees and Citizenship Canada revoking the applicant’s passport services for a period of three years on the basis that such decision was unreasonable. ... [read more]

Wednesday, April 01, 2020 @ 9:32 AM

Bar calls for limited release of prison inmates, immigration detainees to stop spread of COVID-19 Ravi Jain

Ottawa should release from detention, to the extent consistent with public safety, prison inmates and immigration detainees, says the Canadian Bar Association (CBA), which warns of a potentially “explosive situation” in enclosed institutional settings and “dire” consequences if people remain locked up to together as usual. ... [read more]

Tuesday, March 31, 2020 @ 11:04 AM

Canada’s COVID-19 travel restrictions, penalties COVID-19_ban_sm

Since it was first announced that Canada would be closing its borders to limit the spread of COVID-19, the specifics of these travel restrictions have shifted on a daily basis. This uncertainty has caused travellers and businesses, particularly those with a presence in the U.S., to have to scramble over the last two weeks to understand how travel plans would have to change over the coming months. Adding to the confusion, separate restrictions have been put into place for air travel and land-based travel, as well as for travellers from the U.S. compared to other countries. ... [read more]

Tuesday, March 31, 2020 @ 9:09 AM

Ottawa presses U.S. to abide by prohibition of refoulement of asylum seekers at shared border

Canada is asking the Trump administration for assurances that the U.S. will not illegally deport to persecution in their homelands asylum seekers who are denied entry by Canada at the shared American border, Deputy Prime Minister Chrystia Freeland says. ... [read more]

Tuesday, March 31, 2020 @ 8:43 AM

Access to Justice: Justice in the time of social distancing | Beverley McLachlin

The COVID-19 virus has changed our world. It is unprecedented, impacting every aspect of our daily lives, keeping us apart from each other and shutting down most of our conventional ways of interacting in society, save for essential services. ... [read more]

Monday, March 30, 2020 @ 12:03 PM

Federal Court working on access to justice, despite COVID-19; urgent matters still being heard

The Federal Court is continuing to hear all urgent matters, as well as exceptional matters, on a “case-by-case” basis, by teleconference or videoconference according to the terms of its practice direction and order issued March 17, and the frequently asked questions (FAQs) on March 20, the court’s legal counsel, Andrew Baumberg has confirmed. ... [read more]