It is not uncommon for the Canada Border Services Agency (“CBSA“) to consent to an Immigration Appeal Division (the “IAD”) appeal, and for the applicant and CBSA to make joint submissions. On occassion, the IAD will not accept the joint submissions. There are also occassions where the IAD may signal, either expressly or impliedly that a certain matter is not at issue, while it in fact may be or become an issue. The jurisprudence on this is as follows. In Velauthar v Canada (Minister of Employment and Immigration), [1992] FCJ No 425 (CA), a panel advised counsel before submissions that the only issue was whether the persecution the claimant feared was based on a Convention ground. This implied that credibility was not in issue, so the parties did not address credibility in their submissions. The Federal Court of Appeal found it to be a “gross denial of natural justice” for the panel to then make an adverse determination on grounds of credibility.” The Federal Court of Canada has applied Velauthar in cases where a tribunal directly or by implication gave the misleading impression that a matter or issue was resolved. At the same time, the Federal Court of Canada in Fong v … Read More
LMIA Working Conditions
The Temporary Foreign Worker Manual states the following about working conditions.
Returning Applications During COVID-19
During the COVID-19 pandemic Immigration, Refugees and Citizenship Canada (“IRCC”) has implemented numerous policies to try to process applications as normally as possible and also provide applicants who are unable to provide certain documents or meet deadlines with flexibility. Applicants should know that while IRCC is providing more flexibility than it normally does to incomplete applications that it is still returning applications that are technically incomplete where applicants do not provide an explanation. The return of these applications sometimes takes months due to pandemic related intake delays at IRCC, and it is very important that applicants submit complete applications. IRCC’s COVID-19 Policy with Regard to Missing Documentation Canada’s Immigration and Refugee Protection Regulations provides that IRCC can return applications that are missing mandatory information or documents. During COVID-19, IRCC’s policies are that new, complete applications will be processed as normally possible. If a new application is missing supporting documentation or information, then an applicant must include an explanation with their application that they are affected by a service disruption as a result of COVID-19. IRCC will then essentially put the application aside, and wait for the document to be provided. If a new application is missing supporting documentation or information, … Read More
Understanding Dual Intent
It is not uncommon for people who are applying for temporary residency are scared to admit anything that could convey a future desire to immigrate to Canada. However, Immigration, Refugees and Citizenship Canada (“IRCC“) recognizes that having two intents (one temporary and one permanent) is legitimate. Its policy on this is commonly known as “dual intent.”
Borderlines Podcast #44 – An Interview with Chris Alexander, Canada’s Immigration Minister from 2013-2015
The Honourable Chris Alexander served as Canada’s Minister of Citizenship and Immigration Canada from July 2013 to November 2015. He represented the riding of Ajax—Pickering in the House of Commons of Canada from 2011 to 2015. Prior to that spent 18 years in the Canadian Foreign Service, serving as Canada’s first resident Ambassador to Afghnistan from 2003 – 2005. Subsequent to being an Member of Parliament he ran for the leadership of the Conservative Party of Canada. As Minister of Citizenship and Immigration Canada, Mr. Alexander presided over the launch of Express Entry, the termination of the Immigrant Investor Program and the introduction of the Barbaric Cultural Practices Act, which prohibited forced and underaged marriages. 5:09 – If there was one misconception about Canadian immigration law that Minister Alexander would like to change what would it be? 15:00 – Bill C-24 and the revocation of citizenship for dual nationals convicted of high crimes. 16:00 – Whether there was a strong anti-fraud and anti-exploitation mandate during Minister Alexander’s time as Minister. 22:00 – Combatting forced marriages. 23:00 – Preventing foreign worker abuse by sanctioning the employers who abuse them. 26:00 – The Barbaric Cultural Practices Act 36:45 – Ending the … Read More
Borderlines Podcast #43 – An Interview with John McCallum, Canada’s Immigration Minister from 2015-2017
The Honourable John McCallum served as Canada’s Minister of Immigration, Refugees and Citizenship Canada from November 2015 to January 2017. A Member of Parliament from 2000 – 2017, he also served as Defence Minister under Jean Chrétien, and Veterans Affairs Minister, National Revenue Minister, Natural Resources Minister and as Chair of the Expenditure Review Committee under Paul Martin. As Minister of Immigration, Refugees and Citizenship in Justin Trudeau’s cabinet, Mr. McCallum led Canada’s effort to welcome 25,000 Syrian refugees over a period of three months. He also increased the age of dependency from 18-22, repealed conditional permanent residency and reduced family class processing times. 5:00 – The resettlement of 40,000 refugees in Canada. 22:00 – The division of immigration repsonsibilities between IRCC, CBSA and ESDC. Should they be combined? 28:00 – What goes into reducing processing times. 33:00 – Abolishing conditional permanent residence. 39:00 – Mr. McCallum’s approach to being immigration critic towards the end of the Harper era. 42:30 – The Barbaric Cultural Practices Act and the Niqab ban. 44:00 – Caregivers 48:00 – Helping as Minister on individual files. 54:00 – What goes into levels planning?
Borderlines Podcast #41 – Judges Virtue Signalling Inside and Outside of Court, with Andrew Hayes
In R v. Kattenburg Justice Stratas of the Federal Court of Appeal cautioned judges against giving “virtue signalling and populism a go.” This prompted a largely philosophical discussion about the role of judges, a Toronto judge who wore a Make America Great Again hat in court, a Quebec judge who proclaimed herself a feminist before making statements about Quebec’s ban on religious attire, Ruth Bader Ginsburg criticizing President Trump, and defining what virtue signaling even is.
Refugee Claims by Number
The following chart shows refugee claims by province and year. Provinces/Territories 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 (Jan – Oct) Newfoundland and Labrador 5 5 — 5 10 10 15 35 20 5 Prince Edward Island — 0 0 0 0 0 0 0 0 10 Nova Scotia 40 50 20 30 40 60 65 75 90 55 New Brunswick 20 25 15 15 5 30 50 45 45 30 Quebec 4,645 4,820 2,470 2,725 3,055 5,530 25,515 29145 31265 8970 Ontario 18,560 13,815 6,840 9,265 11,020 15,210 19,570 21170 26415 9385 Manitoba 140 145 75 160 320 600 1335 620 410 160 Saskatchewan 45 55 25 25 30 75 80 65 100 30 Alberta 690 610 375 485 760 970 1385 1545 1855 780 British Columbia 1,165 950 535 730 815 1,375 2375 2345 3850 1910 Yukon 0 0 0 0 0 5 0 — — — Northwest Territories — 0 0 0 0 0 0 0 0 0 Nunavut 0 0 0 0 0 0 — 0 0 0 Outside Canada 0 0 0 0 0 0 0 0 0 0 Total – CBSA & IRCC 25,315 20,475 10,365 13,445 16,055 23,870 50390 55040 … Read More
Borderlines Podcast #42 – Section 15 of the Charter and Canadian Immigration, with Aidan Campbell
Section 15 of Canada’s Charter of Rights and Freedoms provides that every individual is equal before and under the law and has the right to the equal protection and benefit of the law without discrimination. Aidan Campbell joins to discuss the application of s. 15 of the Charter to Canadian immigration law and the implications recent Supreme Court of Canada decision in Fraser v. Canada. Aidan Campbell is an Associate at Mahon & Company, a progressive firm which practices in Criminal Law, Immigration and Refugee Law, Public Interest & Constitutional Litigation, Sex Worker Rights, Prisoners’ Rights, Professional Discipline. Extradition Law and Tenants’ Rights Podcast Notes: Section 15 of Canada’s Charter of Rights and Freedoms provides that: Section 15(1) of the Charter states: (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability; (2) Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, … Read More
The 2020 Report to Parliament on Immigration
On October 30, 2020, Marco Mendicino, Canada’s Minister of Immigration, Refugees and Citizenship Canada (“IRCC”), tabled Canada’s 2020 Annual Report to Parliament on Immigration. The publication of the Report to Parliament on Immigration is an annual occurrence in which Canada’s immigration department summarizes Canadian immigration statistics of the previous year and provides immigration levels planning for the future. This year’s report was especially anticipated because of uncertainty over how Canada’s planned immigration levels would be impacted by COVID-19. Where We Are Coming From In 2019, Canada welcomed 341,180 permanent residents, the third highest level of immigration in the country’s history, exceeded only by 1912 and 1913. Of this, 74,586 were individuals who transitioned from temporary resident status to permanent. The economic immigration class continued to be the largest source of permanent resident admissions, at approximately 58% of all admissions in 2019. Overall numbers were also up for Canada’s family reunification, protected person and humanitarian classes. IRCC in 2019 also approved 404,369 work permits and 402,427 study permits. When accompanying family members are factored in, this means that the number of people who entered Canada with temporary status greatly exceeded the number of permanent residents admitted. To … Read More