Darryl Larson practiced immigration law in Vancouver, British Columbia for almost thirty years. He was a former Chair of the Canadian Bar Association of British Columbia’s Immigration Section, counsel to both individuals and corporations, at one point represented China’s most wanted fugitive, and successfully implemented a succession plan when he retired in 2018. In this episode Peter, Steven, Deanna and Darryl discuss Darryl’s career as an immigration lawyer in a candid discussion about what practicing immigration law is like. 00:51 – Why did Darryl get into immigration law? (Darryl’s answer really becomes a tale of his move from Edmonton to Vancouver). 8:20 – Who were Darryl’s initial clients? How did Darryl get his initial clients? 11:15 – What was practicing immigration law like in the 1990s compared to what it’s like now? Was the introduction of the IRPA really that big a game changer? 18:15 – What steps did Darryl take to become an expert in the area of immigration? 20:00 – How did Darryl go from practicing mainly immigration enforcement to developing a corporate immigration practice? 22:30 – What were some of Darryl’s most memorable cases? 37:45 – How did some of those cases change Darryl’s perspective on being … Read More
ESDC’s Mail Audits
One of the most perplexing aspects about the Ministry of Employment and Social Development Canada (“ESDC“) is its insistent that all Employer Compliance Reviews be done by mail. Apparently, as confirmed in this reproduction of internal ESDC correspondence obtained through an Access to Information Act request, it is because the potential for electronic transmission of information to be intercepted by wireless devices is too great. I’m sure most employers would be willing to take this risk (which is probably less than the risk of something getting lost in the mail) if it meant that the Employer Compliance Reviews took days instead of (often) months.
Law Cans Episode 4 – Rankin v. JJ (The Duty of Care) with Saro Turner
How Refugee Resettlement to Canada is Funded
A common complaint about refugee resettlement is the cost. However, refugees resettled to Canada must pay for their medical exam and their travel to Canada. Canada’s Immigrant Loans Program ensures that refugees who are unable to pay for their resettlement have access to a funding source. Canadian immigration legislation provides that the most that can be loaned is $126,000,000. Historically, the Government of Canada has issued $13,000,000 in loans annually. Approximately 93% of loaned funds are repaid. Since 2002, the average loan has been approximately $3,000, with roughly 20% of loans issued for more than $5,000. The current policy is to cap the maximum loan amount to $10,000 per family. 2018 Changes Prior to 2018, the loan repayment schedule was as follows: Balance at Start of Repayment Period (Which Is 30 Days After Arrival in Canada) Period the Loan Must be Repaid in Full (Months) Start of Interest Accrual Up to $1,200 12 13th month $1,201 to $2,400 24 25th month $2,401 to $3,600 36 37th month $3,601 to $4,800 48 37th month Over $4,800 72 37th month In 2018, the Government of Canada amended the above to: eliminate interest charges on all new immigration loans; eliminate further interest … Read More
Canada’s Visa Office in Warsaw
Canada’s visa office in Warsaw processes permanent residence applications from Armenia, Belarus, Estonia, Kazakhstan, Kyrgyz Republic, Latvia, Lithuania, Poland, Russia, Tajikistan and Uzbekistan. It processes temporary residence applications from Belarus, Estonia, Latvia, Lithuania, Poland. Temporary Residency Processing From 2014 – 2016, the Warsaw visa office’s approval rates for temporary residence applications were as follows: Year Category Applications Received Approval Time 2016 Visitor 1625 63 Student 153 41 Worker 161 62 eTA 9 N/A 2015 Visitor 1693 66 Student 187 37 Worker 983 81 eTA 2014 Visitor 2515 69 Student 340 43 Worker 1225 82 The above statistics do not include the electronic applications from nationals of countries where IRCC-Warsaw has file processing agreements with local offices. Full Report A full copy of a report that IRCC’s Warsaw office sent can be found below. It was obtained through an Access to Information Act request.
Law Cans Episode 3 – R v. Alex (Challenging Breathalyzer Results) with Kyla Lee
Examinations
Anyone who presents themselves at a Canadian port of entry is making an application to enter Canada. As such, that person is subject to an examination by an officer. The purpose of such an examination is to determine whether or not the person can enter Canada as a visitor, student or foreign worker, and also to determine whether the individual is inadmissible to Canada. Canadian immigration legislation requires that a person who is under examination must answer truthfully all questions put to them and also produce all relevant documents and information that an officer requires. An officer during an examination can also compel a person to appear at a later date for further questioning. When an Examination Ends The examination of a person who seeks to enter Canada ends only when: a determination is made that the person has a right to enter Canada, or is authorized to enter Canada as a temporary resident or permanent resident, the person is authorized to leave the port of entry at which the examination takes place and the person actually leaves the port of entry; if the person is an in-transit passenger, the person departs from Canada; the person is authorized to withdraw their … Read More
Danger Opinions
Section 115 of Canada’s Immigration and Refugee Protection Act provides that Canada shall not deport a protected person or a refugee to a country where they would be at risk of persecution of reasons of race, religion, nationality, membership in a particular social group or political opinion or at risk of torture or cruel and unusual treatment or punishment. There are exceptions, however, for people who are: inadmissible to Canada for serious criminality and the government believes that the person is a danger to the public in Canada; or inadmissible to Canada on grounds of security, violating human or international rights or organized criminality and the government believes that the person should not be allowed to remain in Canada on the basis of the nature and severity of the acts committed or of danger to the security of Canada. Determining Whether to Issue a Danger Opinion In considering whether to issue a Danger Opinion for criminality, officers will go beyond looking at just the conviction and the sentence, and will also analyze a person’s past and current offences and activities to determine whether a person is a danger to the public. The following are some of the factors that are considered: criminal … Read More