Question 2
Borderlines Podcast #184 – Retired CBSA Chief of Enforcement & Intelligence Operations, Christian Lane
Christian Lane is a retired Canada Border Services Agency officer whose career included serving as a Border Services Officer, Inland Enforcement Officer, Manager of Immigration Detention Operations and Chief of Enforcement & Intelligence Operations. Topics discussed include Christian’s various roles, the moral stress of immigration enforcement, whether individual officers and the agency want discretion when it comes to removals, immigration background checks and security screening, the role of CSIS vs. CBSA, and why public-safety agencies struggle to advocate for themselves. ? Listen/Follow. Team 10-8 Podcast, Christian’s amazing podcast featuring interviews with various first responders, politicians and law enforcement officials. teamteneight.com 04:19 Christian’s CBSA start as a Border Services Officer 10:12 Jump to inland enforcement, the moral compexity of removals and the mental-health toll on officers 16:45 The role of discretion in a “no-surprises” risk adverse organizational culture 31:00 CBSA Enforcement & Intelligence Operations 36:10 Comprehensive background checks—who does what 46:00 Security screening trade-offs 53:15 Transparency & public advocacy by agencies; morale and leadership 58:00 Recommended Team 10-8 episodes
Excessive Demand on Health and Social Services
People applying for a Canadian permanent resident visa are regarded to undergo medical examinations. Many people with certain conditions are understandably apprehensive about how these examinations will impact their ability to immigrate. In this post, I hope to provide an overview about the issue of “excessive demand on health or social services,” which is probably the medical evaluation component that causes the most misconceptions.
Mandamus Orders
A mandamus order is a judicial command to a government body to do, or forbear from, doing a specific act which it is obligated in law to do. The Federal Court’s decision in Vaziri v. Canada (Minister of Citizenship and Immigration), 2006 FC 1159, is one of the most cited case in the immigration context for setting forth the test for when a mandamus order will be given. There, Justice Snider stated: The equitable remedy of mandamus lies to compel the performance of a public legal duty that a public authority refuses or neglects to carry out when called upon to do so. Mandamus can be used to control procedural delays (Blencoe v. British Columbia (Human Rights Commission) [2000] 2 S.C.R. 307 at para. 149). The test for mandamus is set out in Apotex Inc. v. Canada (Attorney General), [1994] 1 F.C. 742 (C.A.), aff’d [1994] 3 S.C.R. 1100 (and, more recently, discussed in the immigration context in Dragan v. Canada (Minister of Citizenship and Immigration), [2003] 4 F.C. 189 (T.D.), aff’d [2003] F.C.J. No. 813, 2003 FCA 233,). The eight factors are: (i) There must be a public legal duty to act; (ii) The duty must be owed to the Applicants; (iii) … Read More
Borderlines Podcast #183 – Failing Afghanistan’s Heroes
Cory Moore is a retired Canadian Forces military lawyer who served in Afghanistan. There, he helped develop the training of female Afghan lawyers who would go on to prosecute members of the Taliban. These brave women assisted in building the country’s justice system and enforcing the rule of law, often at great personal risk. After the fall of Afghanistan to the Taliban in 2021, Cory has continuously worked to bring those who can still be contacted to Canada under the Afghan special measures program, a program which the Federal Court recently described as suffering from “gross governmental negligence”. Cory in this episode shares his profound sense of Canada’s betrayal of allies who placed their trust in our country, calling attention to systemic inaction and the urgent need for accountability and reform in how Canada fulfills its moral and legal obligations to those who aided its missions abroad.
Asking the Embassy to Re-Consider an Application
Once a decision has been rendered in relation to an application for a humanitarian and compassionate exemption, is the ability of the decision-maker to reopen or reconsider the application on the basis of further evidence provided by an applicant limited by the doctrine of functus officio?
Borderlines Podcast #89 – The Implications of the Supreme Court decision in Mason v. Canada (PSEP)
Mason v. Canada was a Supreme Court of Canada decision which assessed whether inadmissibility on security grounds for engaging in violence required a nexus to national security. The Supreme Court of Canada’s decision clarified the interpretation of “inadmissibility on security grounds” under section 34(1)(e) of the Immigration and Refugee Protection Act (the “IRPA”). The Court ruled that to deem someone inadmissible under this provision, there must be a direct link between the acts of violence committed and a threat to national security. This decision overturned a Federal Court of Appeal which had permitted a broader interpretation that did not require such a link to national security. Jurisprudence In Ali v. Canada (Public Safety and Emergency Preparedness), 2025 FC 1682, the Federal Court held that in assessing whether someone is inadmissible for membership in a group that engaged in subversion it is necessary for the decision maker to determine whether a person’s removal would be contrary to the principle of non-refoulement, i.e., are they actually a danger to the security of Canada?
Indian Applications
Here are some IRCC PPT slides on Canadian asylum claims from Indian nationals, and southbound apprehensions by US border patrol. IRCC has plans to reduce the overall claim rate from India back to 2019 levels. It anticipates that its plan could lead to reduced approval rates and increased processing times. Hare are slides on training material for processing applications from India.
Borderlines Podcast #182 – Here to Stay
We speak with Daniel Bernhard of the Institute for Canadian Citizenship about understanding immigrant retention in Canada. The Paper comes at a time when immigration to Canada is declining, outflows are increasing and the aging of Canada’s population accelerates.
The National Security and Intelligence Review Agency
When immigration applications take longer than expected, one common reason is security screening. Several government agencies are involved in this process, and one of the organizations that provides oversight is the National Security and Intelligence Review Agency (the “NSIRA”). The NSIRA is an independent review body created by Parliament in 2019. Its role is to oversee the national security and intelligence activities of federal agencies such as the Canada Border Services Agency (“CBSA”), the Canadian Security Intelligence Service (“CSIS”), and the Royal Canadian Mounted Police (“RCMP”). This includes reviewing how these agencies handle immigration and citizenship security screening. All immigration and citizenship applications involve background checks. In many cases, this is straightforward and completed quickly. However, for some applicants, the process can involve: CBSA: verifying admissibility to Canada; CSIS: conducting security assessments where potential risks are identified; RCMP: checking law enforcement records. If additional information is needed, applications may remain under review for an extended period. Role of the NSIRA The NSIRA does not process applications or make immigration decisions. Instead, its job is to review whether the activities of agencies like CBSA and CSIS are lawful, reasonable, and carried out properly. In addition to broad oversight, the NSIRA also … Read More
