On June 21, 2018 Bill C-46, An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts (“Bill C-46”) received Royal Assent. Bill C-46 is the companion legislation to Bill C-45, The Cannabis Act, which essentially legalized the possession of regulated marijuana for personal use in Canada. Bill C-46 reforms the transportation related offences in Canada’s Criminal Code including drinking and driving, dangerous driving, fleeing the scene of an accident, refusing to give a breathalyzer, fleeing the police and operating a vehicle while prohibited from […]
Read more ›On June 26, 2018 the British Columbia Provincial Nomination Program (the “BC PNP”) clarified and/or modified several aspects of its programs. Skilled Immigration The more significant revisions that applicants and practitioners should be aware of are: Previously, applicants to the BC PNP – Skilled Worker programs, and their spouses, could not have a combined ownership / equity stake of more than 10% in the British Columbia company that was offering them employment. Now, they cannot have held more than 10% ownership in the five pear period preceding the application and throughout […]
Read more ›Canada’s visa office in Warsaw processes permanent residence applications from Armenia, Belarus, Estonia, Kazakhstan, Kyrgyz Republic, Latvia, Lithuania, Poland, Russia, Tajikistan and Uzbekistan. It processes temporary residence applications from Belarus, Estonia, Latvia, Lithuania, Poland. Temporary Residency Processing From 2014 – 2016, the Warsaw visa office’s approval rates for temporary residence applications were as follows: Year Category Applications Received Approval Time 2016 Visitor 1625 63 Student 153 41 Worker 161 62 eTA 9 N/A 2015 Visitor 1693 66 Student 187 37 Worker 983 81 eTA 2014 Visitor 2515 69 Student 340 43 Worker 1225 […]
Read more ›Erin Roth is a Lawyer with Edelmann & Co. 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 Deanna and Erin discuss issues in Canadian medical inadmissibility law. When can someone be inadmissible to Canada because they are sick? How does one confront such an allegation? What changes are upcomming? 1:30 – This episode was recorded in November 2017. Deanna, in an introduction to the episode, provides an overview of the changes to Canadian […]
Read more ›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 […]
Read more ›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 […]
Read more ›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 […]
Read more ›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 […]
Read more ›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 […]
Read more ›Several large scale immigration frauds in recent years have resulted in thousands of permanent residents facing removal of Canada for misrepresentation. Many are filing appeals based on humanitarian & compassionate considerations. In assessing such appeals, both the Canada Border Services Agency and the Immigration Appeal Division face the task of weighing an individual’s previous misconduct against the compassionate mitigating factors which may exist. To quote Justice Russel in Yu v. Canada, the decision in Dowers v Canada (Minister of Immigration, Refugees and Citizenship, 2017 FC 593 at paragraphs 2 to 6, stresses […]
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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.
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