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International Law

Canadian Immigration Blawg

Recent developments in Canadian immigration law and policy by a former immigration officer in private practice.

Post Frequency: 2.9/day

Last Entry: March 30, 2011 at 23:40:24

Live blogging the CBA immigration and citizenship conference part 3

Posted on April 18, 2009
Its Saturday morning. Last night was a raucous affair involving a Sarah Palin look alike and Brad Hardstaffs band, I'm taking in a workshop detailing the CEC (the Canadian Experience Class). There are clear rationales and benefits to Canada. Reduced settlement costs is one...

Ian and me

Posted on April 18, 2009

Live blogging the CBA immigration and citizenship conference part 5

Posted on April 18, 2009
Workshop on detention reviews. Interesting presentation. The panel, which includes Leann King, a member of the Immigration Division, is a mock detention review proceeding using an actual transcript. Waren Creates - who has written a paper 'detained and terrified'- has brought up a good point regarding providing an affidavit or information about bonds persons and their relationship with the detainee, where the detainee would be residing after release, their particulars and details of assets, and the level of suasion they have over the detainee.

Live blogging the CBA immigration and citizenship conference part 4

Posted on April 18, 2009
This is my fifth annual CBA National Citizenship and Immigration Conference. I've had an excuse to visit Banff, Quebec City, Victoria, Niagara-on-the-Lake...and now Whistler. Next year it will be in Halifax and I'm looking forward to seeing that beautiful city for the first time.

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Discussing blogs

Posted on April 17, 2009
I'm talking to Henry Beaumount QC about blogs. He seems very interested. This is a demonstration.

Live blogging the CBA immigration and citizenship conference luncheon

Posted on April 17, 2009
The Chair of the IRB is recognizing the contributions of David Matas by way of an Achievement Award. He has also been awarded the Order of Canada. Matas is eloquent in his acceptance. He sees the recognition as an affirmation of the importance of immigration law to Canada...

Live blogging the CBA immigration and citizenship conference part 2

Posted on April 17, 2009
Workshop 2C: Representations on Misrepresentations. Vancouver counsel Gordon Maynard always presents well and has a depth of knowledge in this area. Language of term 'withholding' in the act. Does it add a new duty of disclosure? Is there an obligation to volunteer information? Not limited to situations where no questions are asked...

Live blogging the CBA immigration and citizenship conference part 1

Posted on April 17, 2009
After a harrowing drive in last night arriving in the early hours of the morning, I'm now listening to the presentations for the morning plenary. Attendance seems solid but perhaps the conference is not sold out as in previous years. It was nice meeting the members of the bar whom I haven't seen in some time like Evelyn Ackah, Michael Birnbaum, Michael Tilleard, Nico Breed, Michael Greene and Michael Sherritt, Peter Edelmann, and many others...

The inestimable David Matas

Posted on April 17, 2009

Rozler (?) - should someone be

Posted on April 17, 2009
Rozler (?) - should someone be prevented from relying on evidence because of timeliness?

Access to justice awards

Posted on April 16, 2009
I just attended and received the award at the Westin a couple of hours ago. I was supposed to be on a flight right now, but the powers that be have dictated otherwise - the flights been delayed an hour and half. Once we get in we'll grab a shuttle to Whistler...

Jason Kenney

Posted on April 15, 2009
The Minister spoke in Calgary recently. He touched on the recent surge in Mexican refugee claims...but did not seem to acknowledge the situation in that country that is causing so many to flee: On a separate matter, Kenney said he's concerned about a growing trend of illegal immigration from Mexico that saw nearly 10,000 refugee applications from Mexican nationals in 2008, with about 90% of those applications rejected by the Immigration and Refugee Board...

Another view

Posted on April 09, 2009

New office space...

Posted on April 09, 2009
Spending most of the morning looking at a new office space.

New space

Posted on April 09, 2009
Things have progressed beyond our expectations. We simply have run out of space. After thinking about location, convenience for both the clients and ourselves and an attempt to gauge our growth over the next few years we are close to a decision to secure new space...

Canadian denied right of return

Posted on April 04, 2009
In a web exclusive commentary at the Globe and Mail, Irwin Cotler, makes a compelling case for allowing Abousfian Abdelrazik to return to Canada. At the National Post, the cause has been taken up by Chris Selley at Full Comment, who makes the following points: Yesterday, the latest chapter in the Sudanese-Canadian?s mind-boggling six-year struggle to return home unfolded as many had ruefully predicted...

US waiver of inadmissibility and Canadian TRP and rehabilitation

Posted on April 03, 2009
The increase in database and information sharing between the US and Canada has resulted in old criminal records resurfacing and preventing travel between the two countries. For a US national with a criminal record seeking to enter Canada the solution is a TRP or an application for criminal rehabilitation...

2009 Access to Justice Awards

Posted on March 31, 2009
I am honoured (and humbled) to be chosen as the 2009 recipient of the Legal Aid Alberta Access to Justice Award for the Calgary region. Access to Justice is a very important issue, and the staff of the Legal Aid Society of Alberta should be recognized and commended for their daily commitment to this ideal...

Fraud warning

Posted on March 30, 2009
It looks like the federal government is now warning against the plethora of immigration scams that abound in both Canada and abroad. I've met with many individuals who have paid thousands to unscrupulous individuals many of whom continue to advertise in ethnic community newspapers...

Multiculturalism

Posted on March 29, 2009
National post has a story on Jason Kenneys 'muscular multicultualiam' (see todays post A6). He has expressed a hard line against US military deserters and George Galloway. He's had a public spat with the Canadian Arab Federation and has expressed concerns regarding Canadas refugee determination system and the language proficiency of prospective immigrants...

Vancouver

Posted on March 27, 2009
In the beautiful (but presently cloudy) city of Vancouver. Will be back in the office on Monday.

UK "Memorandum of Conviction"

Posted on March 24, 2009
I finally figured this out. CHC London often requires a ?memorandum of conviction? for a criminal rehabilitation. I spoke to two UK lawyers/barristers who assured me that this term had no meaning in the UK. Fortunately, a client was able to point me in the right direction...

Mexican Refugee Claims Jump In Calgary

Posted on March 23, 2009
Recent CBC article here indicates the jump in refugee claims from Mexico in Calgary (with the director of a non-profit suggesting it was due to the existence of a direct flight from Mexico City to Calgary). My own experience and what I've heard from other immigration lawyers here suggests the same - Mexico is the top source country (perhaps followed closely by Haiti)...

George Galloway

Posted on March 23, 2009
British MP George Galloway has been deemed inadmissible to Canada. Recent Macleans article here. Interestingly, veteran immigration lawyer Barbara Jackman is representing Galloway's challenge to the decision. Article here. CIC Minister Kenney asserts that Galloway is not being denied admission into Canada for words, that he is instead being denied because of his deeds...

Name this lawyer

Posted on March 18, 2009
A semi famous criminal lawyer who wears colourful socks. Hint: its not Bjorn

Happy St Patricks Day

Posted on March 17, 2009
A nice ending to a long day.

Criminal charges and deportation

Posted on March 15, 2009
Last week we presented before the Criminal Defense Lawyers Association of Calgary. The critical issue was establishing that a permanent resident sentenced to two years would lose his right to appeal his removal order based on criminality. We also discussed the Khosa decision...

Disparity in Refugee Determination

Posted on March 11, 2009
Sean Rehaag, an Associate Professor at Osgoode Hall, has obtained data via Access to Information Requests with respect to the determinations made by tribunal members of the Immigration and Refugee Board. Confirming anecdotal information based on experience, Rehaag indicates wide disparities in outcomes...

Justice Morris Fish

Posted on March 09, 2009
I'm impressed with the lone dissent in the recent Khosa decision, Justice Fish: "So much cannot be reasonably made of so little." I'm coming to that same conclusion after review of the voluminous material for this mornings judicial review. There appears to be little or no credible evidence in support of the RPD decision and the analysis (in my view anyway) was fundamentally wrong...

Done...

Posted on March 09, 2009
The judicial review was heard before Justice O'Keefe this morning. It was a lengthier and more complex argument than usually the case. I enjoyed understanding the principles underlying complicity and crimes against humanity - even if it took most of my weekend...

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