A discussion of s. 34(1)(f) of Canada’s Immigration and Refugee Protection Act, which provides that a foreign national or permanent resident is inadmissible for being the member of an organization that has committed terrorism. Topics include how terrorism, organization and membership are defined, the Proud Boys, QAnon and the Bangladesh Nationalist Party. 5:45 What is terrorism under Canadian immigration legislation? 9:45 What is an organization? 15:30 What does it mean to be a “member?” 19:00 The Bangladesh Nationalist Party 29:00 Would Nelson Mandela be encompassed? 30:45 Should only organizations that are officially designated by the government render someone inadmissible? 39:39 The Ministerial relief process. 47:35 Jose Figuerora 53:45 Could someone being a QAnon adherent make them inadmissible to Canada? 1:00 Does the designation of the Proud Boys broaden what could result in inadmissibility due to terrorism? 1:03 Could the leader of a party calling for an insurrection lead to all members of that organization being inadmissible for being a member of an organization which has committed terrorism? 1:05 What about antifa? The Republican Party? 1:13 Would it be misrepresentation to not declare one’s being a QAnon adherent in the IMM5669?
Borderlines Podcast Episode #47 – Universal Basic Income and Canadian Immigration
This episode is about the concept of a universal basic income and how it would work in Canada. We are joined by Sheila Regehr and Sameer Nurmohamed of Basic Income Canada Network. We discuss which type of immigrants (permanent residents, workers, students, asylum claimants, people without status) etc. would be eligible, whether a basic income would impact other public funding for services like legal aid, whether it would cause inflation, and more. 5:30 What are different models of universal basic income? 9:00 How is the amount of basic income calculated? 10:45 What was the Ontario pilot project? 12:45 In practice is there a difference between an income guarantee model and a flat-payment model? 14:30 Do wealthy people get the same payment and benefit under a universal basic income? 15:30 How would a universal basic income be funded? 23:45 Would a universal basic income replace other services like legal aid? 28:25 A review of Motion 46 – GUARANTEED LIVABLE BASIC INCOME 30:35 Would international students, foreign workers, permanent residents, asylum claimants, people without status, etc. be eligible to receive a universal basic income? 42:00 What would the labour market interaction be with a universal basic income in terms of its … Read More
E-mail Sent to IRCC Not in the File
In Adams v. Canada (Citizenship and Immigration), 2021 FC 1104, an applicant alleged that they had sent Immigration, Refugees and Citizenship Canada (“IRCC“) e-mail correspondence. IRCC maintained that they had never received it and questioned whether it had been sent. The Federal Court of Canada determined that the onus was on the applicant to show that a document was sent. The Applicant as proof attached an affidavit stating that an extension request letter was sent as an attachment to an e-mail on January 2, 2020. They also included as an exhibit a printout from the Applicant’s spouse’s Gmail account, showing an unlabelled message from January 2, 2020 at 08:42 to an IRCC e-mail address. The Federal Court held that there were several deficiencies with this, including: The e-mail was not accompanied by an acknowledgement of receipt or confirmation of read receipt; There was no printout from the e-mail inbox to show that there was no bounce-back to the message; The printout did not show that the e-mail was not in the e-mail sent box. That other e-mails that the Applicant sent to IRCC were received. That the Applicant in an e-mail on January 6, 2020 did not reference the previous extension … Read More
Extending One’s Status in Canada as a Visitor
A foreign national in Canada with visitor status does not need to leave Canada at the end of six months (or whatever period was granted for their stay). Instead, they may apply to extend their temporary resident status in Canada. Extensions All in-Canada visitor extension applications must be submitted electronically. Applicants must apply before their status expires and have complied with the conditions that were imposed on them on entry. They also must satisfy an Immigration, Refugee and Citizenship Canada officer that they will leave Canada by the end of any extension granted. There are many factors that officers will consider in determining whether to grant an extension. These include: what the person is doing in Canada; how long the person has been in Canada; how long the person wishes to remain in Canada; whether the person’s plans are well thought out or merely frivolous; taking the person’s situation in their home country into consideration, whether a prolonged stay in Canada is reasonable; whether the person has the means to support themselves or whether someone else is willing to provide adequate support; whether the person has the ability and means to leave Canada; and whether the original purpose of their … Read More
Who Can Help You with Immigration Matters
The following article appeared in the November issue of Canadian immigrant magazine: Who Can Help You with Immigration Matters Understanding the New Regulations I frequently receive e-mails from individuals asking if it is true that it is either illegal or impossible to immigrate toCanadawithout hiring a lawyer or a paid consultant. Some people appear to be under the mistaken impression that the Government of Canada recently enacted regulations to this affect. I am not sure what the source of this misinformation is, but hopefully by the end of this article I will have dispelled these myths. Bill C-35 The first misconception that needs to be clarified is the substance of Bill C-35, which came into force on June 31, 2011. Bill C-35 changed many rules pertaining to immigration representatives, however, not one of them made it mandatory to hire a paid representative. Amongst other things, Bill C-35 makes it an offence for anyone other an authorized representative to conduct business, for a fee or other benefit, at any stage of an immigration application or proceeding. Authorized representatives include lawyers, paralegals in certain provinces, and members of the Immigration Consultants of Canada Regulatory Council (“ICCRC”). The penalty for providing paid … Read More
Temporary Resident Visa Statistics
A temporary resident visa is a paper document affixed to a passport that, when presented at an airline check-in, allow a foreign national to travel to Canada. It also must be presented at a port of entry and combined with an exemption by an immigration officer, to allow a foreign national to enter Canada for a certain purpose. From 2011 – 2020 the visitor visa approval rate for some of Canada’s top source countries of applications was as fol Temporary Resident Visa Approval Rate By Country Country 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Algeria 80 77 74 68 70 65 58 44 46 44 Bangladesh 64 70 65 46 48 53 53 53 55 63 China 85 88 90 89 88 89 89 88 87 87 Colombia 72 74 78 78 80 79 80 78 78 67 Egypt 55 61 69 73 70 68 57 62 57 57 Ghana 54 53 50 30 48 47 47 47 50 38 Haiti 60 50 45 44 43 42 37 37 29 39 India 79 77 78 78 77 74 67 56 53 62 Iran 67 58 68 68 73 69 74 68 46 52 Jamaica 59 64 67 … Read More
Supreme Court Clarifies Dangerous Driving Law
The Supreme Court of Canada in 2012 clarified the law regarding what constitutes dangerous driving under the Criminal Code. The decision, R v. Roy, has implications for people who may be inadmissible to Canada for criminality. Indeed, in Jolly v. Canada (Citizenship and Immigration), the Federal Court of Canada affirmed that it will be a reviewable error if visa officers do not assess criminal equivalency for dangerous driving based on the mens rea standard articulated in Roy. Section 249 of the Criminal Code provides that: 249. (1) Every one commits an offence who operates (a) a motor vehicle in a manner that is dangerous to the public, having regard to all the circumstances, including the nature, condition and use of the place at which the motor vehicle is being operated and the amount of traffic that at the time is or might reasonably be expected to be at that place; In R v. Roy, the Supreme Court noted that (emphasis added): It is, therefore, critically important to ensure that the fault requirement for dangerous driving has been established. Failing to do so unduly extends the reach of the criminal law and wrongly brands as criminals those who are not morally blameworthy. The distinction between a mere departure, which may support civil … Read More
2021 Election Results and Canadian Immigration
On September 20, 2021 Canada had its 44th Parliamentary election. The results leave the composition of Canada’s House of Commons essentially unchanged from before. As of September 21, 2021, the Liberal Party of Canada, led by Prime Minister Justin Trudeau, has again won a Minority Government with 32% of the vote and 158 seats, 12 short of the required 170 needed for a majority. This means that the Liberals do not have enough seats in the House of Commons to unilaterally pass legislation and must collaborate with the other parties. The Conservative Party of Canada won 34% of the vote and 119 seats. The Bloc Québécois won 8% of the vote and 34 seats. The New Democratic Party won 18% of the vote and 25 seats. The Green Party of Canada won 2% of the vote and 2 seats. The Liberals can pass immigration legislation as long as they have the support of either the Conservatives, the Bloc or the NDP. They do not have to commit to one party, and can pick and choose which party they get support from depending on the specific change they are proposing. It is accordingly worth understanding these parties’ immigration campaigns. The Liberal … Read More
Borderlines Podcast #60 – Where Canada’s Political Parties Stand on Immigration in 2021, with Chantal Desloges
A discussion of the 2021 immigration platforms of the Liberals, Conservatives, New Democrats, Greens, Bloc Quebecois and the People’s Party of Canada. Chantal Desloges is the Founder and Senior Partner of Desloges Law Group. Borderlines · #60 – Where Canada's Political Parties Stand on Immigration in 2021, with Chantal Desloges Heading – The Election and Canadian Immigration On September 20, 2021 Canada will have its 44th Parliamentary election. There are six main political parties running. The first is the Liberal Party of Canada, led by Prime Minister Justin Trudeau. The Liberals are generally regarded as a centrist party and have governed since October 2015. The second is the Conservative Party of Canada, led by Erin O’Toole. The Conservatives are a centre-right party that previously governed Canada from 2006-2015 under Stephen Harper. The third is the New Democratic Party, a left-wing led by Jagmeet Singh. The fourth is the Green Party of Canada, led by Annamie Paul, a party that is typically known for its environmental platform. The fifth is the Bloc Québécois, led by Yves Francois Blanchet. The Bloc is a Quebec nationalist party that only runs candidates in Quebec. Finally, there is the People’s Party of Canada, a right-wing … Read More
Duress and Inadmissibility to Canada
The Supreme Court of Canada has “clarified” the elements of the duress defence. The defence is important because it can affect admissibility. For example, in Guerra Diaz v. Canada (Citizenship and Immigration), 2013 FC 88, the Federal Court of Court determined that the Immigration and Refugee Board improperly applied the test of whether duress applied, and ordered a new hearing by a different member. Duress and Inadmissibility It is basically trite law that where there is duress, then a person does not have the mens rea do either commit a crime or be a member in a group that renders the individual inadmissible to Canada. In Jalloh v. Canada (Minister of Public Safety and Emergency Preparedness), 2012 FC 317, the Federal Court stated that: In my view, it is preferable to consider the evidence of membership along with the evidence of coercion in determining whether there are reasonable grounds to believe the person genuinely was a member of the group. One way of looking at this issue is to regard evidence of duress as defeating the mens rea of membership (Thiyagarajah v Canada (Minister of Citizenship and Immigration), 2011 FC 339). Accordingly, evidence relating to duress must be considered along with the evidence relating to … Read More