Category Archive

A discussion of the law of self defense in Canada, including the 2021 Supreme Court of Canada in R. v. Khill. We also make comparisons to the Kyle Rittenhouse case in the United States and discuss Canadian immigration implications involving the law of self defense in criminal matters. Section 34 of the Criminal Code sets out a defence of self-defence.  It states that a person is not guilty of an offence in certain defined circumstances where (a) they reasonably believe that force or a threat of force is being used or made against them or another person; (b) they act for the purpose of defending or protecting themselves or the other person; and (c) the act is reasonable in the circumstances. Several Federal Court of Canada decisions have reiterated that in determining equivalency visa officers have to determine whether the defence of self-defence arises, including Zeine v. Canada (Citizenship and Immigration), 2023 FC 1370. 

On May 2, 2019 Immigration, Refugees and Citizenship Canada (“IRCC”) unveiled the Student Direct Stream (the “SDS”), an expedited study permit processing program initially available to legal residents of India, China, Philippines and Vietnam. Eligibility Before May 2023 To be eligible for the SDS, an applicant must: be a legal resident of India, China, Philippines and Vietnam; provide proof of a valid language test result, completed within 2 years of the date of the SDS application, showing an IELTS score of 6.0 or higher in each language skill, or a TEF score that is equivalent to Canadian Language Benchmark 7; provide proof of a Guaranteed Investment Certificate “GIC” of CAN $10,000.00 or more issued from any bank that is insured by the Canadian Deposit Insurance Corporation (“CDIC”) or any bank listed on the IRCC SDS webpage; provide proof of full payment of tuition for their first year of study; provide a letter of acceptance to a Designated Learning Institute (a “DLI”); complete an upfront medical exam. The GIC must meet the following criteria: when the GIC has been purchased, the bank provides a letter of attestation, the GIC certificate, the Investment Directions Confirmation or the Investment Balance Confirmation to the … Read More

According to the CBSA, between January 1, 2015 and June 30, 2016 Bangladesh became the top source country for individuals found inadmissible to Canada under IRPA s. 34.  The issue involves membership in the Bangladesh Nationalist Party (the “BNP“) or its main political ally, the Jamaat-e-Islami (“Jamaat“).  While not designated by Public Safety Canada as terrorist entities, some members of the BNP and Jamaat, through, have, according to CBSA, shown that they qualify as being a member of an organisation that there are reasonable grounds to believe engages, has engaged in or will engage in acts or instigate the subversion by force of a government or terrorism. The BNP  According to Wikipedia, the BNP is one of the contemporary political parties of Bangladesh. It was founded on 1 September 1978 by former Bangladesh President Ziaur Rahman after the Presidential election of 1978, with a view to uniting the people with nationalist ideology of the country.  The party holds the ideology of Bangladeshi nationalism as its core concept and adopted a 19-point program which declared that “The sovereignty and independence of Bangladesh, golden fruits of the historic liberation struggle, is our sacred trust and inviolable right”. The founding manifesto of the … Read More

The following is the Immigration, Refugees and Citizenship Canada (“IRCC”) study permit manual used at CPC-Ottawa for the processing of applications from Indian citizens.

The following PDF contains several statistics regarding TRP and H&C approval rates for applications involving family violence.

Laura Best is an immigration lawyer practicing in Toronto. We discuss refugee resettlement and Canada’s housing crisis, as well as whether Canada’s housing shortage is impacting support for immigration.  

Although there is nothing explicit on the website, it appears that IRCC policy is to generally not pursue misrepresentation allegations against minors. The IRCC Complex Case Unit further states that “we do not A40 minors.” As well, the Abbu-Dhabbi visa officer toolkit states: Important: Please remember that you do not send PFLs to applicants that are under 18, or were under 18 at the time of the previous refusal. We can’t reaosnably expect minors to be aware of visa refusals on applications that would have been submitted by their parents. Jurisprudence In Shao v. Canada (Citizenship and Immigration), 2023 FC 973, Justice Favel ruled that when a minor submits an application that a visa officer has to consider the “circumstances in which the application form was completed.”

Regulation 87(1) of the Immigration and Refugee Protection Regulations provides that: 87 {1) For the purposes of subsection 12{2) of the Act, the provincial nominee class is hereby prescribed as a class of persons who may become permanent residents on the basis of their ability to become economically established in Canada. Member of the class (2) A foreign national is a member of the provincial nominee class if: (a) subject to subsection (5), they are named in a nomination certificate issued by the government of a province under a provincial nomination agreement between that province and the Minister; and (b) they intend to reside in the province that has nominated them. The Provincial Nominee Class  allows provincial and territorial governments to choose immigrants according to the economic needs of the province or territory.  Under the Program, each province and territory: establishes its own standards and processes by which it chooses its nominees; tries to nominate those candidates who would be most likely to settle effectively into the economic and social life of the region. Most provincial nomination programs have both Express Entry and non-Express Entry programs. The following is the CPO Assessment Guide for paper based Provincial Nominee Program applications at … Read More

Will Tao is a Canadian immigration and the founder of Heron Law Office. During this episode we discuss what got Will into immigration law, why he started his own firm, how he balances client files, advocacy and family life, whether he will take paternity leave after his second child is born, whether he thinks it is possible to take lengthy sabbaticals, his approach to practice and his general apporach to the practice of law.