In a recent Borderlines episode, Garth Barriere, Eric Purtzki, Peter Edelmann and I discussed the constitutionality of laws that are retroactive or retrospective. This episode can be found here: A link to this episode’s synopsis can be found here. The following post provides a more detailed written summary of retroactive and retrospective legislation in the immigration context.
Business Visitor or Work Permit Required?
The Business Visitor category facilitates the entry of a broad range of individuals who intend to enter Canada to engage in business or trade activities without entering the Canadian labour market. Business Visitors do not need work permits, pursuant to section 186(a) of Canada’s Immigration and Refugee Protection Regulations (“IRPR“), which states that: No permit required 186. A foreign national may work in Canada without a work permit (a) as a business visitor to Canada within the meaning of section 187; IRPR s. 187, meanwhile, states that: Business visitors 187. (1) For the purposes of paragraph 186(a), a business visitor to Canada is a foreign national who is described in subsection (2) or who seeks to engage in international business activities in Canada without directly entering the Canadian labour market. Specific cases (2) The following foreign nationals are business visitors: (a) foreign nationals purchasing Canadian goods or services for a foreign business or government, or receiving training or familiarization in respect of such goods or services; (b) foreign nationals receiving or giving training within a Canadian parent or subsidiary of the corporation that employs them outside Canada, if any production of goods or services that results from the training is incidental; and (c) … Read More
Do I need a Work Permit?
The issue of whether a foreign national needs a work permit is often confusing. In January 2012, I wrote the following article for The Canadian Immigrant. Do I Require a Work Permit In October, the Vancouver Sun ran a story about an employer who was convicted of misrepresentation. The individual had told his employees to falsely tell border officials that the employees were enteringCanadafor pleasure, as opposed to working briefly at a festival in Whistler. Presumably the employer’s objective in having his employees say this was to avoid having to apply for work permits. There is no question that lying to border officials constitutes misrepresentation. What is ironic about the employer’s situation is that from what I could tell (based on the Vancouver Sun article) his employees could have been honest about their intentions to work at the festival and still not required work permits. The reason is simple: Canada’s immigration laws are clear that not all work requires a work permit. What is Work? Before getting into examples of work that do not require a work permit, it is necessary to review what work does. The concept of work for immigration purposes is broader than many people realize. “Work” … Read More
Borderlines Podcast #51 – Inadmissibility to Canada for Committing a Criminal Offence, with Sania Chaudhry
A discussion of when someone can be inadmissible to Canada for having committed a crime which doesn’t lead to a conviction. Cases referenced are Garcia v. Canada (Citizenship and Immigration), 2021 FC 141 and Dlieow v. Canada (Citizenship and Immigration), 2020 FC 59 Sania (Ahmed) Chaudhry was counsel in Garcia. She is currently Legal Counsel (Professional Conduct Proceedings) at Real Estate Council of Alberta. 2:00 Introduction and an overview of Garcia v. Canada. 15:00 The purpose of Canada’s inadmissibility provisions. 17:10 What is the standard of proof for determining that someone committed a crime where there is no conviciton? 19:45 A review of Enforcement Manual 2 30:30 Determining equivalency and issues with inadmissibility findings where there is no conviction. 39:30 Dlieow v. Canada (Citizenship and Immigration) 46:00 Living in a society where the State makes everything a crime.
Borderlines Podcast #50 – Membership in a Terrorist Organization and Immigration, with Hart Kaminker
A discussion of s. 34(1)(f) of Canada’s Immigration and Refugee Protection Act, which provides that a foreign national or permanent resident is inadmissible for being the member of an organization that has committed terrorism. Topics include how terrorism, organization and membership are defined, the Proud Boys, QAnon and the Bangladesh Nationalist Party. 5:45 What is terrorism under Canadian immigration legislation? 9:45 What is an organization? 15:30 What does it mean to be a “member?” 19:00 The Bangladesh Nationalist Party 29:00 Would Nelson Mandela be encompassed? 30:45 Should only organizations that are officially designated by the government render someone inadmissible? 39:39 The Ministerial relief process. 47:35 Jose Figuerora 53:45 Could someone being a QAnon adherent make them inadmissible to Canada? 1:00 Does the designation of the Proud Boys broaden what could result in inadmissibility due to terrorism? 1:03 Could the leader of a party calling for an insurrection lead to all members of that organization being inadmissible for being a member of an organization which has committed terrorism? 1:05 What about antifa? The Republican Party? 1:13 Would it be misrepresentation to not declare one’s being a QAnon adherent in the IMM5669?
Borderlines Podcast Episode #47 – Universal Basic Income and Canadian Immigration
This episode is about the concept of a universal basic income and how it would work in Canada. We are joined by Sheila Regehr and Sameer Nurmohamed of Basic Income Canada Network. We discuss which type of immigrants (permanent residents, workers, students, asylum claimants, people without status) etc. would be eligible, whether a basic income would impact other public funding for services like legal aid, whether it would cause inflation, and more. 5:30 What are different models of universal basic income? 9:00 How is the amount of basic income calculated? 10:45 What was the Ontario pilot project? 12:45 In practice is there a difference between an income guarantee model and a flat-payment model? 14:30 Do wealthy people get the same payment and benefit under a universal basic income? 15:30 How would a universal basic income be funded? 23:45 Would a universal basic income replace other services like legal aid? 28:25 A review of Motion 46 – GUARANTEED LIVABLE BASIC INCOME 30:35 Would international students, foreign workers, permanent residents, asylum claimants, people without status, etc. be eligible to receive a universal basic income? 42:00 What would the labour market interaction be with a universal basic income in terms of its … Read More
E-mail Sent to IRCC Not in the File
In Adams v. Canada (Citizenship and Immigration), 2021 FC 1104, an applicant alleged that they had sent Immigration, Refugees and Citizenship Canada (“IRCC“) e-mail correspondence. IRCC maintained that they had never received it and questioned whether it had been sent. The Federal Court of Canada determined that the onus was on the applicant to show that a document was sent. The Applicant as proof attached an affidavit stating that an extension request letter was sent as an attachment to an e-mail on January 2, 2020. They also included as an exhibit a printout from the Applicant’s spouse’s Gmail account, showing an unlabelled message from January 2, 2020 at 08:42 to an IRCC e-mail address. The Federal Court held that there were several deficiencies with this, including: The e-mail was not accompanied by an acknowledgement of receipt or confirmation of read receipt; There was no printout from the e-mail inbox to show that there was no bounce-back to the message; The printout did not show that the e-mail was not in the e-mail sent box. That other e-mails that the Applicant sent to IRCC were received. That the Applicant in an e-mail on January 6, 2020 did not reference the previous extension … Read More
Extending One’s Status in Canada as a Visitor
A foreign national in Canada with visitor status does not need to leave Canada at the end of six months (or whatever period was granted for their stay). Instead, they may apply to extend their temporary resident status in Canada. Extensions All in-Canada visitor extension applications must be submitted electronically. Applicants must apply before their status expires and have complied with the conditions that were imposed on them on entry. They also must satisfy an Immigration, Refugee and Citizenship Canada officer that they will leave Canada by the end of any extension granted. There are many factors that officers will consider in determining whether to grant an extension. These include: what the person is doing in Canada; how long the person has been in Canada; how long the person wishes to remain in Canada; whether the person’s plans are well thought out or merely frivolous; taking the person’s situation in their home country into consideration, whether a prolonged stay in Canada is reasonable; whether the person has the means to support themselves or whether someone else is willing to provide adequate support; whether the person has the ability and means to leave Canada; and whether the original purpose of their … Read More
Who Can Help You with Immigration Matters
The following article appeared in the November issue of Canadian immigrant magazine: Who Can Help You with Immigration Matters Understanding the New Regulations I frequently receive e-mails from individuals asking if it is true that it is either illegal or impossible to immigrate toCanadawithout hiring a lawyer or a paid consultant. Some people appear to be under the mistaken impression that the Government of Canada recently enacted regulations to this affect. I am not sure what the source of this misinformation is, but hopefully by the end of this article I will have dispelled these myths. Bill C-35 The first misconception that needs to be clarified is the substance of Bill C-35, which came into force on June 31, 2011. Bill C-35 changed many rules pertaining to immigration representatives, however, not one of them made it mandatory to hire a paid representative. Amongst other things, Bill C-35 makes it an offence for anyone other an authorized representative to conduct business, for a fee or other benefit, at any stage of an immigration application or proceeding. Authorized representatives include lawyers, paralegals in certain provinces, and members of the Immigration Consultants of Canada Regulatory Council (“ICCRC”). The penalty for providing paid … Read More