The Supreme Court of Canada in 2012 clarified the law regarding what constitutes dangerous driving under the Criminal Code.  The decision, R v. Roy, has implications for people who may be inadmissible to Canada for criminality.  Indeed, in Jolly v. Canada (Citizenship and Immigration), the Federal Court of Canada affirmed that it will be a reviewable error if visa officers do not assess criminal equivalency for dangerous driving based on the mens rea standard articulated in Roy. Section 249 of the Criminal Code provides that: 249. (1) Every one commits an offence who operates (a) a motor vehicle […]

Read more ›

On December 8, 2010, the Federal Court released its decision in Masych v. Canada (Citizenship and Immigration), 2010 FC 1253 (“Masych“)  The case involved an individual whose temporary work permit application was denied because she did not produce income tax statements from 2002-2006 after an immigration officer (the “Officer”) requested that she do so.  The reason that the Officer wanted copies of her tax statements was not to confirm her employment history for determining whether or not she was qualified for the job that she was applying for, but rather to determine […]

Read more ›
Bill C-37, the Strengthening the Value of Canadian Citizenship Act

On June 10, the Conservative government introduced Bill C-37, also known as the Strengthening the Value of Canadian Citizenship Act (“Bill C-37“). The legislation will result in five changes if passed. These are: Regulate Citizenship Consultants Increases Penalties for Citizenship Fraud Strengthen Rules For Residence Requirement Expand Ban on Criminals Becoming Citizens Crown Exception to First Generation Limit Streamlining the Revocation Process 1) Regulate Citizenship Consultants Citizenship consultants are not currently regulated or licensed.  Bill C-37 will change this.  The amendments will introduce a new s. 21.1 of the Citizenship Act, which […]

Read more ›