Carl Brault worked for almost twenty years at the Canada Border Services Agency. His roles included Border Services Officer, Intelligence Analyst and Inland Enforcement Officer. He currently provides consultation services to authorized immigration representatives and can be reached at cb-advisingservices@outlook.com. 3:00 Working as a summer student as a Border Services Officer. 6:30 September 11, 2011 9:50 What kind of training does a CBSA officer receive before they start working at the border? 18:10 Working as a CBSA Intelligence Analyst 21:30 Working as an Inland Enforcement Officer 25:00 Is CBSA understaffed or overstaffed? 28:30 Level of autonomy officers have in deferral requests. 38:30 What should lawyers or individuals do when making deferral of removal requests? 42:30 The ability of CBSA to make positive decisions by not acting. 48:30 What is the difference in culture across different offices? 51:15 What are examples of where counsel harms their clients cause at CBSA? 54:00 Do CBSA officers care about how lawyers are dressed? 56:30 Has the attitude towards removals at CBSA regarding removals gotten more rigid? 1:05:00 Do CBSA officers want more discretion when it comes to removals
Borderlines Podcast #61 – What Constitutes Sexual Assault in Canada, with Sarah Runyon
Sarah Runyon is a criminal defense lawyer on Vancouver Island. 3:00 What is sexual assault? 5:30 Is all sex between an employer and employee deemed to be non consensual? 6:00 Why was sexual assault separated from general assault? Is rape a distinct offence from sexual assault? Are there degrees of sexual assault? 7:30 If someone is at a nightclub and they start dancing with another person without their consent does that fit the definition of sexual assault? 15:00 Evidentiary issues. 16:30 Often the criminal defense bar wants judges to have a wide discretion in terms of what they can consider. Is this the same in the case of sexual assault? 21:00 Does the maxim “it is better that five guilty people go free than one innocent person go to jail.” Is the legal system moving away from this in sexual assault? 27:00 Is a restorative justice approach better than the current criminal justice system? 28:45 Can sexual assault be verbal? 33:00 Is revenge porn sexual assault? 34:00 Is there a statutory limitation on sexual assault? 35:00 Is being drunk a defense to sexual assault? 44:00 If someone is drunk are they capable of consent? 48:30 How does one determine whether … Read More
Borderlines Podcast #59 – Authorization to Work Without a Work Permit, with Cristina Guida
Cristina Guida is a senior associate lawyer with Green and Spiegel LLP in Toronto. We discuss authorization to work in Canada without a work permit, including business visitors, students, perfroming artists, maintained status, the global skills strategy and other categories. We also discuss what Canada’s immigration department continues to be “work.”
Borderlines Podcast #60 – Where Canada’s Political Parties Stand on Immigration in 2021, with Chantal Desloges
A discussion of the 2021 immigration platforms of the Liberals, Conservatives, New Democrats, Greens, Bloc Quebecois and the People’s Party of Canada. Chantal Desloges is the Founder and Senior Partner of Desloges Law Group.
Borderlines Podcast #58 – Myths About Canadian Immigration Law, with Marina Sedai
Marina Sedai is an immigration lawyer and the past National Chair of the Canadian Bar Association Immigration Section, a role that she served in from 2018 – 2019, and is also a past provincial char of the CBABC Immigration Law Section. She can be found on Twitter @MarinaSedai. We discuss various myths about Canadian immigration law, including: Refugees get more financial help than pensioners. Foreign nationals immigrate and then bring their whole extended family over. If including your spouse or common-law partner on your permanent resident application is inconvenient or unhelpful to your immigration process then you can exclude them and later sponsor them. Volunteering isn’t work. If my kid is born in Canada then my H&C application is guaranteed to succeed.
Borderlines Podcast #57 – Mandamus Applications, with Adrienne Smith
We discuss how mandamus applications work. Adrienne Smith is a Partner at Battista Smith Migration Law Group. 2:00 Does filing mandamus applications annoy Immigration, Refugees and Citizenship Canada? 5:30 Has there been a change in the frequency with which mandamus applications are considered? 13:30 During COVID-19 is there a difference in filing a mandamus application between online and paper applications? 18:00 What is a mandamus application? 26:00 What is the legal test for a mandamus application? 49:00 During COVID-19 when a visa office is largely close
Borderlines Podcast Episode 55 – Risk Salience and Unconscious Bias in Decision Making, with Hilary Evans Cameron
Hilary Evans Cameron is an Assistant Professor at Ryerson Law. Prior to become a faculty member, Hilary represented refugee claimants for a decade. She is the author of Refugee Law’s Fact-finding Crisis: Truth, Risk, and the Wrong Mistake. Her paper on risk salience in refugee decisions that we discuss can be found here. She is also the creator of www.meetgary.ca, a website which provides guidance to both decision makers and asylum claimants on the implicit biases and thought processes that can influence decision makers. She provides training to the Immigration and Refugee Board on this topic. 3:00 The two strong pulls in the law of how a decision maker should make a decision in a refugee hearing that impacts risk salience. 7:00 Can a decision maker ever be truly neutral? 11:00 Does the fact that the refugee process starts with a removal order “set things up” for strict scrutiny? Plus how politicians can influence error preference. 18:30 Refugee acceptance rates have increased recently. Is this a result of new decision makers or the same decision makers applying different maxims. Can someone’s risk salience approach change over time? 22:00 The non legal things that can influence decision makers. 26:30 Studies on accuracy … Read More
Work Permit Processing Manual
The following is a copy of a manual titled Temporary Resident Processing: Temporary Workers CC8000. It consists of both the Instructor’s Guide as well as the Participant’s Guide.
Applying for a Work Permit After Entering Canada
Regulation 199 of the Immigration and Refugee Protection Regulations states: Application after entry 199 A foreign national may apply for a work permit after entering Canada if they (a) hold a work permit; (b) are working in Canada under the authority of section 186 and are not a business visitor within the meaning of section 187; (c) hold a study permit; (d) hold a temporary resident permit issued under subsection 24(1) of the Act that is valid for at least six months; (e) are a family member of a person described in any of paragraphs (a) to (d); (f) are in a situation described in section 206 or 207; (g) applied for a work permit before entering Canada and the application was approved in writing but they have not been issued the permit; (h) are applying as a trader or investor, intra-company transferee or professional, as described in Section B, C or D of Annex 1603 of the Agreement, within the meaning of subsection 2(1) of the North American Free Trade Agreement Implementation Act, and their country of citizenship — being a country party to that Agreement — grants to Canadian citizens who submit a similar application within that country treatment … Read More
Bulk Processing of Applications
The following are instructions to officers on bulk processing applications. It was last updated on April 12, 2019.