Special Advisor to CBIE
Will Tao has been appointed as Special Advisor to the Canadian Bureau for International Education (CBIE)’s national Immigration Advisory Committee (IAC).
“Terrorist Organizations” – a matter of discretion in Canada
By Erin Roth What does Canada consider a terrorist organization? If a person has given thought to this matter, the answer is likely ‘any organization designated by the Minister under Canada’s Anti-Terrorism Act’. Indeed, the Minister of Public Safety does keep a list and this list does contain individuals and organizations that Canada has determined [...]
Non-Discretionary Return for International Students – Proving Establishment May Be a Catch
By Will Tao On 2 September 2020, Immigration, Refugees and Citizenship Canada (IRCC) released new instructions which help to further clarify that Canada Border Services Agency (CBSA) and partner Airline companies, would be responsible for ultimately determining whether international students would be able to travel to Canada to begin/resume studies as a result of COVID-19 [...]
Lawyer position – immediate opening
We are a progressive law firm located in downtown Vancouver specialized in refugee, immigration, and criminal law. The successful candidate will be responsible for the conduct of a wide variety of client files in a friendly and supportive environment. Experience and Qualifications: -Demonstrated interest in human rights and social justice -J.D. or LL.B. degree and [...]
Justice Favel’s Decision in Ouansa v. Canada
By Will Tao In the recent decision of Ouansa v. Canada (Citizenship and Immigration), 2020 FC 632 (CanLII), Justice Favel allowed the judicial review of Mr. Ouansa, an Algerian national, on the basis that the refusal of his Temporary Resident Permit (“TRP”) Application was not reasonable. The Applicant (as commonly done in the course [...]
ISS of BC conference – speaker
Erin C. Roth is speaking on family class sponsorships at an online conference hosted by ISS of BC on 9 August 2020. This event is aimed at members of the public who are seeking to bring family members to Canada.
CARL – presentation
Erica Olmstead and Erin C. Roth presented at an online conference to the Canadian Association of Refugee Lawyers on 30 July 2020. They spoke about inadmissibility for organized criminality under section 37(1) of the Immigration and Refugee Protection Act.
Immigration Detention in the Age of COVID-19: A View from Canada
By Efrat Arbel and Molly Joeck* This blog post was originally posted on the University of Oxford Law Faculty’s Border Criminologies website as part of a themed series on border control and Covid-19. Please click here to be redirected to the original post. Mission Institution, a medium security federal correctional facility in British Columbia [...]
Section 37(1)(a) Organized Criminality & the Common-Law Defences
By Erin C. Roth In criminal law, a well-founded defence will absolve criminal liability. A defence is not an element of the offence, but rather excuses the defendant’s conduct as “morally involuntary”. As the Supreme Court explained in R. v. Ruzic, 2001 SCC 24: “It is a principle of fundamental justice that only voluntary conduct [...]
Federal Court’s Decision in Lo and Three of My Interpreter / Interpretation “Best Practices” at the Immigration Appeal Division (IAD)
By Will Tao The Lo Decision In Lo v. Canada (Citizenship and Immigration) 2020 FC 684, Justice Elliot heard the judicial review of a Sponsor who received a negative decision from the Immigration Appeal Division relating to his sponsorship. The IAD found that the Applicant did not demonstrate on a balance of probabilities that his marriage was genuine and [...]