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Immigration

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Wednesday, August 12, 2020 @ 8:27 AM

Navigating the modern courtroom: Embracing the change | Karen Heath

The incessant tap-tapping of an enthusiastic typist is part of the steady thrum of courtroom din that you become accustomed to during a lengthy matter. The feverish note taking of a second chair grasping on to each uttered word from the witness is often punctuated by the distinctive tap of the enter key. A new line, a break in thought, nary a breath taken by the witness; and the melody resumes. For opposing counsel (and maybe even co-counsel) it is likely a nuisance. Depending on the real estate of the courtroom, it may border on intrusive. ... [read more]

Tuesday, August 11, 2020 @ 9:50 AM

Decision highlights children’s rights at intersection of refugee and family law Maureen Silcoff

In what one lawyer describes as a victory for children’s rights, the Ontario Court of Appeal has overturned a summary judgment that would have forced three children brought to Canada by their Kuwaiti mother to return to their father in Kuwait. ... [read more]

Monday, August 10, 2020 @ 1:41 PM

Suspended services: U.S. Embassy and consulates during pandemic U.S._embassy_sm

The pandemic brought on by COVID-19 has changed much of the way the U.S. government responds to requests and applications. This is very true at the U.S. Department of State’s diplomatic posts (embassy and consulates) in Canada. This article will report on the suspension of U.S. services in Canada for non-immigrant visa applicants — specifically for E visa applicants — immigrant visa applicants and for those who are seeking U.S. citizenship services. ... [read more]

Monday, August 10, 2020 @ 10:41 AM

CRA looking for Canadians who own U.S. real estate looking_U.S._sm

Don’t look now but there may soon be a lot of work for tax lawyers and accountants who are needed to represent clients with voluntary disclosure. On June 25, the Canada Revenue Agency issued a Request for Information (RFI) for Bulk United States (U.S.) Real Property Data (re Canadian residents). What does that mean? The long answer is that the CRA is inviting vendors of bulk data to participate in an information-gathering exercise on industry best practices concerning the collection and delivery of data pertaining to real property owned in the U.S. ... [read more]

Friday, August 07, 2020 @ 11:47 AM

New Calgary partner for DLA Piper Canada

DLA Piper (Canada) LLP announced that Correna Jones has joined the ‎firm as a partner in the Calgary office. Jones’ practice focuses on ‎employment, labour and business immigration law. ... [read more]

Friday, August 07, 2020 @ 8:21 AM

Time to say goodbye to refugee bogeyman wave_goodbye_sm

Driven by the politics of fear and division, it’s undeniable that Trump’s America is unsafe for refugees. ... [read more]

Thursday, August 06, 2020 @ 8:33 AM

Long-term impact of Safe Third Country Agreement decision danger_sign_sm

In our first article in this series, we discussed the decision in Canadian Council for Refugees v. Canada (Minister of Immigration, Refugees and Citizenship) 2020 FC 770, ruling that the legislation colloquially referred to as the Safe Third Country Agreement, or STCA, was unconstitutional and is therefore of no force or effect. ... [read more]

Wednesday, August 05, 2020 @ 2:03 PM

Being rude in court: Disciplinary sanctions screaming_mouth_sm

In part one of this series we summarized the scope of that rather elusive line as to when a lawyer would cross into uncivil communications with opposing counsel and reviewed a governing Code of Conduct and The Advocates’ Society’s principles regarding civility in support of our conclusions. In this part we will take a look at case studies in order to illuminate just what the boundaries of civil communications between counsel may be. ... [read more]

Tuesday, August 04, 2020 @ 8:19 AM

Safe Third Country Agreement ruled unconstitutional danger_sign_sm

On July 22, the Federal Court issued a decision in Canadian Council for Refugees v. Canada (Minister of Immigration, Refugees and Citizenship) 2020 FC 770, ruling that the legislation implementing the Agreement between the Government of Canada and the Government of the United States of America for Cooperation in the Examination of Refugee Status Claims from Nationals of Third Countries (colloquially referred to as the Safe Third Country Agreement or STCA) was unconstitutional and is therefore of no force or effect pursuant to s. 52 of the Constitution Act, 1982. The court suspended this declaration of invalidity for a period of six months from the date of the decision to allow Parliament time to respond to this declaration. ... [read more]

Thursday, July 30, 2020 @ 9:16 AM

Justice and the pandemic: What has to change Canada_COVID_sm

This article is the last of a five-part series examining our courts’ response to the pandemic and what it means for the future of the civil justice system. ... [read more]