In Chung v. Canada (Citizenship and Immigration), 2015 FC 1329, the Federal Court certified the following rather interesting question of general importance: Does the Immigration Appeal Division of the Immigration and Refugee Board, in the exercise of its humanitarian jurisdiction, err in law in considering adverse to an appellant lack of remorse for an offence for which the appellant has pled not guilty but was convicted? The issue of whether one should express remorse for a crime that they are adamant they did not commit frequently arises in the rehabilitation and humanitarian & […]

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The following is an e-mail exchange between an immigration representative and Citizenship and Immigration Canada (“CIC”) regarding criminal rehabilitation applications.  Criminal rehabilitation applications are the process through which certain criminally inadmissible individuals can apply to become admissible to Canada, and resolve their inadmissibility. Please note that what I have reproduced below should not be viewed as legal advice.  I obtained a copy of this internal CIC question and answer through an Access to Information Act request the (“ATI”).  The reproduction of question and answer has not occurred with the affiliation of the Government of […]

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