By Molly Joeck A version of this blog post was originally posted here. Edelmann & Co is honoured to have supported the University of British Columbia Peter A. Allard School of Law’s participation in the [...]
By Erin C. Roth On November 30th, the CBSA announced that they would begin enforcing removal orders and deporting individuals from Canada. After eight months without removals, the change in direction by the Department is [...]
By Will Tao Last week, I presented at the NCIC 2020 on the emerging topic of Critical Race Theory. I wanted to share such a slice of my presentation for further discussion. — CAPIC-ACCPI (@capicaccpi) [...]
By Erin C. Roth.
Participation in organized criminality is a ground for which a foreign national or a permanent resident can be found to be inadmissible to Canada and either not admitted to Canada or deported from Canada. It is a very serious allegation, yet increasingly it is being used by the Canada Border Services Agency (CBSA) to capture and punish individuals that were neither arrested nor charged of any criminal conduct in Canada. In effect, a person who the police did not even interview as a possible suspect can still face allegations of organized crime and face loss of status and deportation from Canada.
By Siena Anstis and Molly Joeck
This blog post is a summary of an article entitled “Detaining the Uncooperative Migrant”, which was recently published in a special issue of Osgoode Hall’s Journal of Law and Social Policy on prisoners, detention, and abolition.
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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. [...]
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 [...]
By Molly Joeck While COVID-19 has wreaked havoc around the world, killing hundreds of thousands of people and bringing the world’s economy to a screeching halt, the pandemic has done something refugee lawyers [...]
By Randall Cohn Getting (and interpreting) US criminal records can be surprisingly difficult If you are a foreign national applying to live, study, or work in Canada, you will likely be asked to provide [...]
By Erin C. Roth As everyone is well-aware, COVID-19 has brought many legal processes to a near stand still. The Immigration and Refugee Board (IRB), is no different. Registry offices are closed to the public, [...]