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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As an increasing number of Canadian employers employ foreign workers, and the Government of Canada is taking an increasingly strict approach in enforcing the rules regulating the employment of foreign workers, the issue of how companies can protect themselves when they buy companies that employ foreign workers is becoming increasingly significant. As well, as explained in detail on the Immigration, Refugees and Citizenship Canada (“IRCC”) website, corporate restructurings, mergers and acquisitions may themselves trigger work permit-related issues for employer compliance. It is accordingly important for all companies that are considering merging […]

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Canada’s Immigration and Refugee Protection Regulations (the “IRPR“) states that a work permit application must be refused if an officer determines that the offer of employment is not genuine. Section 200(5) of the IRPR states that in order to determine whether an offer of employment is genuine an officer should consider (a) whether the offer is made by an employer that is actively engaged in the business in respect of which the offer is made, (b) whether the offer is consistent with the reasonable needs of the employer, (c) whether the terms of […]

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On February 6, 2018 Immigration, Refugees and Citizenship Canada (“IRCC”) clarified how its short term work permit exemption under the Global Skills Strategy would work.  Previously, the IRCC website simply stated: Now, the IRCC website provides a much more comprehensive explanation of how the short term work permit exemption under the Global Skills strategy works. General Conditions The short-term (15 or 30 days) work permit exemptions are for certain high-skilled work and apply to foreign nationals coming to Canada to perform work that is both of a short duration (15 consecutive calendar […]

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On November 6, 2017 Ralph Goodale, Canada’s Public Safety Minister, issued a Ministerial Direction to the Canada Border Services Agency (“CBSA”) titled Minors in Canada’s Immigration Detention System (the “Ministerial Direction”), as part of its National Immigration Detention Framework (the “NIDF”).  The Ministerial Direction notes that: Canada’s immigration detention program is based on the principle that detention shall be used only as a last resort, in limited circumstances and only after appropriate alternatives to detention (“ATDs”) are considered and determined to be unsuitable or unavailable; The well-being of children, family unity and […]

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