Michael Greene, K.C. is an immigration lawyer in Calgary. He served as the National Chair of the Canadian Bar Association’s Citizenship & Immigration Section in 2000-2001. He is representing Jaskirat Singh Sidhu in his immigration and deportation matters. We discuss the Federal Court decision in Sidhu v. Canada (Public Safety and Emergency Preparedness), 2023 FC 1681. https://open.acast.com/networks/659f1a800d2a2c0016051d93/shows/659f464c3f69070017409684/episodes/659f46527d81c00017cf4ef7
Borderlines Podcast #107 – Trauma-Informed Lawyering, Part 2 with Dr. Deborrah Dunne (see also Episode #105)
This is the second instalment (Part 1 is Episode #105 in this mini-series on Trauma-Informed Lawyering. In this segment, Deanna’s own clinical counsellor, Dr. Deborrah Dunne discusses in more depth: a) vicarious trauma and compassion fatigue; b) the importance of self-care in running a trauma-informed practice; b) strategies for identifying trauma (in yourself and your clients); c) tools on how to “get present,” and ideas for how to help your client get there too Thank you again, Deborrah for all of your precious time!
Borderlines Podcast #105 – “How-to” primer on Trauma-Informed Advocacy, with Dr. Sharalyn Jordan and Dr. Deborrah Dunne
https://open.acast.com/networks/659f1a800d2a2c0016051d93/shows/659f464c3f69070017409684/episodes/662c4181437bd7001272ab8e In this episode, we speak with Dr. Sharalyn Jordan (Associate Professor in Counselling Psychology and Equity Studies in Education at Simon Fraser University, and chair of the Rainbow Refugee society in Vancouver BC), and Dr. Deborrah Dunne, clinical counsellor. Our guests take us through a “Trauma 101” style overview of PTSD, C-PTSD and the neurobiology of trauma. We also start in on a discussion of “tips and techniques” for trauma-informed lawyering. Regrettably, we had to lose Dr. Dunne toward the end of the episode (because our discussion went on for too long). Happily, we have undertaken to produce a “part 2” episode with Dr. Dunne’s further thoughts on how to work with traumatized clients. Central to that conversation will be a discussion of how advocates should address their own trauma (including vicarious trauma) to set the stage for “optimal engagement” with their clients. Look out for that episode in the days to come! And please subscribe to our channel and send any comments/questions/suggestions for future consideration.
Spousal Sponsorship and Social Assistance
Section 133 of Canada’s Immigration and Refugee Protection Regulations (the “Regulations“) prohibits a Canadian citizen or permanent resident from sponsoring a foreign family member (generally a spouse, common-law partner, parent or grandparent) if the Canadian is in receipt of social assistance for a reason other than a disability. The Regulations define social assistance as being any benefit, whether money, goods or services, provided to or on behalf of a person by a province under a program of social assistance. It includes assistance for food, shelter, clothing, fuel, utilities, household supplies, personal requirements and health care not provided by public health care. Pursuant to the internal Immigration Refugees and Citizenship Canada (“IRCC“) e-mails below, it is important to note that IRCC does not consider subsidized housing to be social assistance. Section 133(1)(k) of the Regulations explicitly provides that a person can still sponsor a foreign family member to immigrate to Canada if the sponsor receives the social assistance because of a disability. Previous Receipt of Social Assistance Depending on the circumstances, the previous receipt of social assistance can render a sponsor ineligible. Section 133(1)(b) of the Regulations provides that a sponsor must intend to fulfil the obligations in the sponsorship undertaking. In Alriyati … Read More
Borderlines Podcast #106 – Customs Law, Border Seizures and Loss of NEXUS, with Samuel Hyman
Samuel Hyman is a Vancouver lawyer with one of the more well known practices in Canadian customs law. We dive into Canadian customs law for individuals, examining the procedures and rights that Canadians have at the border around the seizure of goods, the imposition of administrative monetary penalties and loss of NEXUS. We discuss the consequences of violating customs regulations and how to challenge CBSA decisions. After, Sam shares his view on why eliminating the distinction between immigration and tax status could unlock significant revenue gains for the government.
Obligation to Answer Truthfully
Section 16 of Canada’s Immigration and Refugee Protection Act states: 16 (1) A person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonably requires. In other words, all applicants must provide truthful answers throughout the application process and produce all necessary documents and evidence as requested by the officer. Purpose of the Law The primary objective of s. 16(1) of the IRPA is to ensure the integrity and efficiency of the immigration process. By requiring applicants to answer questions truthfully and submit all relevant documents, immigration authorities can accurately assess each individual’s eligibility and admissibility. This law serves multiple essential functions: Verification of Identity and Claims: Truthful answers and relevant documents help verify an applicant’s identity and the authenticity of their claims. This is crucial in determining whether they meet the legal criteria for entering or residing in a country. Security Measures: Ensuring that all provided information is accurate and complete allows immigration officials to perform thorough security checks. Efficient Resource Allocation: When applicants provide complete and honest information, it streamlines the processing of their applications. … Read More
Borderlines Podcast #88 – The history of Canadian deportation law, with Simon Wallace
“When and why did Canada develop the legal powers to detain and deport immigrants?” This is the question asked by Simon Wallace, a PhD Student at Osgoode Hall Law School and refugee lawyer, in his paper published in Queen’s Law Journal titled “Police Authority is Necessary”: The Canadian Origins of the Legal Powers to Detain and Deport, 1893 – 1902. Mr. Wallace joins us today to discuss the origins of Canadian deportation law and its initial targeting of Romanian Jewish refugees.
C-26 Work Permits
The Immigration, Refugees and Citizenship Canada (“IRCC“) webstates describes the C-26 work permit as follows: Professional and semi-professional coaches and athletes working for Canadian-based teams Full or part-time paid coaches and trainers, and professional or semi-professional athletes working for Canadian-based teams require work permits. Given the international mobility in this field, they may be eligible for exemption from an LMIA pursuant to paragraph R205(b), C20, if they can prove that reciprocity exists for the particular occupation in their home country. A full-time coach is a worker who earns significant income from coaching—enough to support themselves. A part-time coach earns a significant portion towards supporting themselves in Canada. Professional Canadian teams, for which foreign athletes would require a work permit, include, but are not limited to, those in the National and American Hockey Leagues the Canadian Football League Major League Baseball and its affiliates at the A, AA and AAA levels the National Basketball Association the Canadian Soccer League Major League Soccer IMMReps Q&A
Espionage and Immigrating to Canada
Section 34(1) of Canada’s Immigration and Refugee Protection Act provides, amongst other things, that a foreign national or Canadian permanent resident is inadmissible to Canada for engaging in an act of espionage that is against Canada or that is contrary to Canada’s interests, or being a member of an organization that there are reasonable grounds to believe engages, has engaged or will engage in espionage against Canada or that is contrary to Canada’s interests. It is one of the most serious inadmissibilities in Canadian immigration law. Guidelines Immigration, Refugees and Citizenship Canada’s (“IRCC”) Enforcement Manual 2 – Inadmissibilities contains the following definitions and guidance to officers regarding how immigration officials are to determine whether someone is inadmisisble to Canada for espionage. Espionage is defined as a method of information gathering by spying; that is, the gathering of information in a surreptitious manner, secretly seeking out information usually from a hostile country to benefit one’s own country. Paragraph A34(1)(a) contains two possible allegations that could render a permanent resident or foreign national inadmissible to Canada for acts of espionage: 1. if the act of espionage is against Canada, or 2. if the act of espionage is contrary to Canada’s interests. Espionage “against Canada” … Read More
Work Permit Conditions
A work permit is a document that allows a foreign national to work legally in Canada. It has rules or ‘conditions’ that the worker must follow, and often contains other “additional information” and “remarks.” Conditions vs. Remarks The conditions of a work permit specifically tell a foreign national what they can and can’t do. For example, it might say that they can only work at one particular place and nowhere else. Sometimes, there are details on a work permit that are just ‘additional information’ or ‘remarks.’ These are not the same as conditions. They give more information but don’t necessarily have rules you must follow. Location of Work Location of work is not automatically imposed by operation of law. If a work permit has the name of a work location in the ‘additional information’ part but doesn’t say as a condition that the foreign national “are not authorized to work at any other location,” this means that they can change geographic locations of work. This is unlike “employer” or “occupation” which are imposed.