On June 1, 2018 Canada’s Minister of Immigration, Refugees and Citizenship Canada implemented a Temporary Public Policy Regarding Excessive Demand on Health and Social Services (the “Public Policy”). Canada’s Immigration and Refugee Protection Act states that a foreign national is inadmissible to Canada on health grounds if their health condition might reasonably be expected to cause excessive demand on health or social services. The Law Health services are defined as any health services for which the majority of the funds are contributed by governments, including the services of family physicians, medical specialists, nurses, chiropractors […]

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The following is an article that I wrote for The Canadian Immigrant.

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Darryl Larson practiced immigration law in Vancouver, British Columbia for almost thirty years. He was a former Chair of the Canadian Bar Association of British Columbia’s Immigration Section, counsel to both individuals and corporations, at one point represented China’s most wanted fugitive, and successfully implemented a succession plan when he retired in 2018. In this episode Peter, Steven, Deanna and Darryl discuss Darryl’s career as an immigration lawyer in a candid discussion about what practicing immigration law is like. 00:51 – Why did Darryl get into immigration law? (Darryl’s answer really […]

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All employers of temporary foreign workers in Canada need to understand how the employer compliance regime works.  Both Immigration, Refugees and Citizenship Canada (“IRCC”) as well as the Department of Employment and Social Development (“ESDC”) regularly audit and inspect the employers of foreign workers to make sure that they are complying with the Temporary Foreign Worker Program and/or the International Mobility Program (which are the two main programs through which foreign nationals can work in Canada).  Both ESDC and IRCC have indicated that about 25% of employers can expect an inspection in […]

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R v. Alex. is a 2017 Supreme Court of Canada decision in which the Supreme Court had to determine whether the Crown needed to prove that a police officer’s request that an individual blow into an approved screening device was reasonable before it could admit the results of the breathalyzer without having to call a toxicologist and a technician as a witness. Kyla Lee is an Associate at Acumen Law Corporation, She is the host of Driving Law, a podcast which focuses on Canadian DUI law. She can be found at @IRPLawyer […]

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Anyone who presents themselves at a Canadian port of entry is making an application to enter Canada.  As such, that person is subject to an examination by an officer.  The purpose of such an examination is to determine whether or not the person can enter Canada as a visitor, student or foreign worker, and also to determine whether the individual is inadmissible to Canada. Canadian immigration legislation requires that a person who is under examination must answer truthfully all questions put to them and also produce all relevant documents and information that […]

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Amanda Lord is a lawyer in the Criminal Law and International Assistance group at the Department of Justice of Canada. Her work involves court proceedings regarding Extradition and Mutual Legal Assistance requests from foreign states and civil litigation on behalf of government agencies. In this episode we discuss the Extradition and the State of Law. 2:30 Amanda Lord clarifies the distinction between extradition and immigration deporting proceedings. It is a different process with a different set of principles that apply, so it is important that people understand what extradition entails. 6:30 […]

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Section 115 of Canada’s Immigration and Refugee Protection Act provides that Canada shall not deport a protected person or a refugee to a country where they would be at risk of persecution of reasons of race, religion, nationality, membership in a particular social group or political opinion or at risk of torture or cruel and unusual treatment or punishment. There are exceptions, however, for people who are: inadmissible to Canada for serious criminality and the government believes that the person is a danger to the public in Canada; or inadmissible to Canada on […]

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Google Inc. v. Equustek Solutions Inc. is a 2017 Supreme Court of Canada decision in which the Supreme Court had to determine whether a British Columbia company could seek a worldwide injunction to to enjoin Google from displaying any part of another company’s websites on any of Google’s search results worldwide. Daniel Cowper is an Associate at Robert Fleming Lawyers, the law firm which represented Equutsek Solutions Inc. He can be found at @DanielCowper online. 0:56 – An overview of the facts of the case. Equustek, a small technology company in British […]

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Doez v. Facebook is a 2017 Supreme Court of Canada decision in which the Supreme Court had to determine the enforceability of a forum selection clause.  The case involved a class action lawsuit brought in British Columbia alleging that Facebook’s Sponsored Stories breached their privacy.  Facebook argued that because its Terms of Use stated that users had to litigate any claims in California that the British Columbia courts lacked jurisdiction. Christopher Rhone is a Partner at Branch MacMaster LLP Barristers & Solicitors. He represented Ms. Doez, the plaintiff, at the Supreme […]

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