Section 203(3)(f) of the Immigration and Refugee Protection Regulations states an assessment provided by the Department of Employment and Social Development (“ESDC”) with respect to the whether the entry of a foreign national is unlikely to have a positive or neutral effect on the labour market in Canada shall be based, in part, on whether the employment of the foreign national is likely to adversely affect the settlement of any labour dispute in progress of the employment of any person involved in the dispute.
ESDC policy is short on this matter, and states that employers should not use the Temporary Foreign Worker Program to circumvent a legal work stoppage or to influence the outcome of a labour dispute.
A labour dispute is defined as occuring when the parties to a collective agreement have reached an impasse in their efforts to enter into, renew or revise a collective agreement and require the intervention of a third party (e.g., government labour officials) to resolve the differences.
It does not include all grievances between a union and employer.
Labour disputes, which often arise during collective agreement/contract negotiation between an employer and a union, may include: work stoppage, strikes, refusal to work, picketing, lockouts, etc. They also arise in situations that are in reaction to working to conditions dictated by legislation such as refusal to perform duties when employees feel that their security might be jeopardized, or different views on issues related to labour standards such as overtime, wages and holidays.
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R v. Zora is a 2020 Supreme Court of Canada decision involving the criminal offence of breaching bail conditions. It is relevant in the Canadian immigration context as individuals who are convicted of this crime in Canada, or who are convicted of or commit an equivalent offence abroad, are inadmissible to the country.
Steven and Deanna are joined by Sarah Runyon, who was counsel for Mr. Zora at the Supreme Court. We discuss how bail works in Canada, the offence of breach of bail conditions, and the implications of the Supreme Court decision.
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Andrew Hayes is a US immigration lawyer who practices in Vancouver. His website is www.usborderlaw.com
Andrew, Deanna and Steven discuss the closure of the Canada – US border during COVID-19 and how the agreement has been implemented in the two policies, recent Executive Orders regarding immigration, and the United States Supreme Court decision in Department of Homeland Security et al v. Regents of the University of California et al.
2:00 -The closure of the Canada – US border
25:00 – Recent Executive Orders pertaining to immigration in the United States
45:00 – The DACA decisionRead more ›
Deanna Okun-Nachoff and Steven Meurrens discuss how COVID19 has caused havoc to Canada’s immigration system, including border closures, operational slowdowns and the suspension of litigation proceedings.Read more ›
Vavilov v. Canada (Citizenship and Immigration)is a 2019 Supreme Court of Canada decision in which the Supreme Court of Canada outlined a new framework for the standard of review in Canadian administrative law.
Borderlines · #35 – The Implications of the Supreme Court of Canada Decision in Vavilov » Read more about: Borderlines Podcast #35 – The Implications of the Supreme Court of Canada Decision in Vavilov »Read more ›
As the summer nears to an end, students will be preparing for the start of the school year. They will be double checking that they have the most recent version of Zoom on their computers, and possibly upgrading their home internet. COVID-19 has impacted everyone, and international students have especially been left wondering what their academic future in Canada holds.
Immigration, Refugees and Citizenship Canada has in response to COVID-19 implemented several public policies that international students should know. Most of them can be found on the IRCC website here:
- https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19/visitors-foreign-workers-students.html; and here
Prospective and current international students should check the above webpagse daily. The date that they were last modified can be found at the bottom. Unfortunately, IRCC updates its COVID-19 policies through stealth editing, so it may be advisable to save the webpage to PDF to track changes.
Here are some of the key measures.
Restrictions on Travelling to Canada
As of July 15, 2020 international students who have a valid study permit, or were approved for a study permit on or before March 18, 2020, can travel to Canada for a non-discretionary purpose. In determining whether a student’s travel to Canada is non-discretionary, the Canada Border Services Agency will consider whether they are established residing and studying in Canada, whether they are expected to begin studying upon arrival, whether their presence in Canada is necessary for their continued participation in their program, whether pursuing online studies is not an option for their school or from their home country, and whether the semester has been cancelled or delayed.
Those who are travelling by air need to pass a health check conducted by an airline before they will be allowed to board their flight.Read more ›
Please note that none of the information on this website should be construed as being legal advice. As well, you should not rely on any of the information contained in this website when determining whether and how to apply to a given program. Canadian immigration law is constantly changing, and the information above may be dated. If you have a question about the contents of this blog, or any question about Canadian immigration law, please contact the Author.
- Business and Entrepreneur Immigrantion
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- Family Class (Spousal Sponsorships, Parents & Grandparents)
- Humanitarian and Compassionate
- Immigration and Refugee Board
- Immigration Consultants
- Immigration Trends
- Judicial Reviews
- Labour Market Impact Assessments
- Maintaining Permanent Residency
- Provincial Nominee Programs
- Skilled Immigration (Express Entry, CEC, FSWC, Etc.)
- Study Permits
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- Temporary Resident Visas
- Work Permits