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 [...]
COVID-19 and immigration resources- updated June 22
Immigration and Refugee Board On June 19, 2020, the IRB announced a resumption of operations, including a resumption notice. However, this notice does not apply to the Immigration Division or the Refugee Appeal Division. The Refugee Appeal Division’s limited resumption is explained here: Refugee Appeal Division: Gradual Return to Business, here: Practice Direction, and here: Communiqué. The [...]
Inadmissibility under IRPA – CARL webinars
CANADIAN ASSOCIATION OF REFUGEE LAWYERS 2020 WEBINAR SERIES CARL is hosting an exciting series of webinars that examine all aspects of inadmissibility under the IRPA. Webinars will highlight relevant jurisprudence and provide tips on how to effectively prepare and represent clients in fighting inadmissibility allegations. Erica Olmstead and Erin Roth will be presenting on s. 37 inadmissibility [...]
Are the immigration offence provisions unconstitutional?
By Erica Olmstead Section 7 of the Charter guarantees that “everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.” The s. 7 analysis is concerned with capturing inherently bad laws: that is, laws that take [...]
Article on the pandemic’s long-term effects on immigration – CBA
Will Tao appeared in an article by the Canadian Bar Association about the pandemic's long-term effects on immigration.
Five Immigration Tips for Coming Out of the Pandemic (Part 1)
By Will Tao Five Immigration Tips for Coming Out of the Pandemic (Part 1) As the first wave of COVID-19 comes to an end in Canada, and immigration processes start resuming, albeit at a slower pace, we should be prepared for a new normal. I want to point out at the outset that it is [...]