The Department of Employment and Social Development Canada (“ESDC”) has very strict procedures for returning incomplete Labour Market Impact Assessment (“LMIA”) applications. All applications are reviewed for completeness. A “complete” application means that the employer has used the appropriate form and an acceptable version, and: filled out all fields in all the necessary forms; included all the documents that are requested; signed all the forms, where required; and provided the payment form for the processing fee (where applicable). If an application is missing information, an officer will determine if the missing […]
Read more ›Both Immigration, Refugees and Citizenship Canada as well as the Canada Border Services Agency (“CBSA“) are responsible for ensuring that Canada’s immigration system maintains the security of Canadian society. One of the ways that both departments do this is by determining that individuals are inadmissible to Canada. In this post I will review and summarize a CBSA Intelligence Advisory that was obtained through an informal Access to Information Act. The Intelligence Advisory was produced by the CBSA Intelligence Operations and Analysis Division in September 2016. It expired in January 2017. The Intelligence Advisory identified […]
Read more ›As previously noted on this blog, Bill C-46 will when it takes effect make many offences that currently render someone inadmissible for criminality inadmissible for serious criminality. The Minister of Immigration, Refugees and Citizenship Canada has now affirmed that these changes will not apply retrospectively. As such, people who were previously deemed rehabilitated will continue to be so. As well, people who committed an offence prior to December 18, 2018 will benefit from the previous sentencing provisions in the Criminal Code.
Read more ›People who graduate from designated learning institutions are often eligible to apply for post-graduation work permits (“PGWP“). However, not all schools are eligible. In addition to other requirements, to be eligible, a student must have graduated from a: public post-secondary school, such as a college, trade/technical school or university, or CEGEP in Quebec; or private post-secondary school that operates under the same rules as public schools (currently applies only to certain private post-secondary institutions in Quebec); or private secondary or post-secondary school (in Quebec) that offers qualifying programs of 900 hours or […]
Read more ›I have previously written in this blog about how Immigration, Refugees and Citizenship Canada (“IRCC’) has adapted an exceptionally strict approach to returning applications for incompleteness. I have also written in Policy Options about how frustrating this approach can be, because one of its main purposes appears to be to allow politicians to boast about reduced processing times, while ignoring the fact that the experience of individuals who are actually applying is actually often longer than previously. I wrote: The current rigid triage system distorts a fair comparison of processing times. […]
Read more ›R. v. Boutilier is a 2017 Supreme Court of Canada decision in which the Court had to determine whether Canada’s dangerous offender designation regime is constitutional. Eric Purtzki is a criminal defence attorney in Vancouver who was counsel to Mr. Boutilier before the Supreme Court. We discuss how Canada’s dangerous offender designation regime works, the consequences of being designated a dangerous offender, his arguments at the Supreme Court, and the decision. 1:15 – The facts of the case – Mr. Boutilier robs a pharmacy with an imitation firearm. A […]
Read more ›R v. Wong is a 2018 Supreme Court of Canada decision in which the Supreme Court of Canada had to determine whether a person could withdraw a guilty plea if they they did not know that their pleading guilty would lead to deportation. Peter Edelmann and Erica Olmstead are lawyers at Edelmann & Co. They represented the accused at the Supreme Court. Lobat Sadrehashemi represented one of the invervenors, the Canadian Association of Refugee Lawyers. 2:00 – The facts of the case. Mr. Wong pleads guilty to trafficking cocaine. He learns […]
Read more ›R v. Wong is a 2018 Supreme Court of Canada decision in which the Supreme Court of Canada had to determine whether a person could withdraw a guilty plea if they they did not know that their pleading guilty would lead to deportation. Peter Edelmann and Erica Olmstead are lawyers at Edelmann & Co. They represented the accused at the Supreme Court. Lobat Sadrehashemi represented one of the invervenors, the Canadian Association of Refugee Lawyers. 2:00 – The facts of the case. Mr. Wong pleads guilty to trafficking cocaine. He learns […]
Read more ›West Fraser Mills Ltd. v. British Columbia (Workers’ Compensation Appeal Tribunal)is a 2018 Supreme Court of Canada decision in which the Supreme Court had to determine whether it should overturn the WCAT’s decision to expand the duty of employers to ensure that their operations are planned and conducted in accordance with safe work practices to owners. The case provides a useful context to explore the topic of “standard of review,” which is extremely divisive in Canadian jurisprudence. Robert Danay is a lawyer with Canada’s Department of Justice who has a passion […]
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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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