Deportations Resume – Happy Holidays from the CBSA

2020-12-04T09:20:35-08:00December 4th, 2020|Blog|

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 both curious and problematic. Photo by yousef alfuhigi on Unsplash When pandemic lockdowns commenced in March 2020, CBSA stopped removals [...]

An ‘Organized Crime’ Allegation – when the punishment does not fit the crime

2020-11-18T10:24:14-08:00November 18th, 2020|Blog|

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.

Americans: thinking about moving to Canada?

2020-11-05T12:39:36-08:00November 3rd, 2020|Blog|

By Randall K. Cohn If you are an American eyeing a move north as a line of flight from political chaos in the United States, you are not alone. I have recently been fielding a lot of inquiries  from  friends, family, and potential clients who are weighing their Canadian options.  Some of these inquiries are [...]

Why Rain is Right: There is No Principled Reason for Why a Canadian Temporary Resident Should Be Denied the Right to Change Their Legal Gender

2020-10-26T10:19:46-08:00October 22nd, 2020|Blog|

By Will Tao Rain Edmond, a third-year political science undergraduate student, recently wrote an op-ed for her university's Memorial University Gazette that raises an important question about a policy gap disproportionately affecting the intersection of the transgender and temporary resident communities. In her piece, Rain, an international student, highlights the challenges she has had in [...]

Detaining the Uncooperative Migrant

2020-10-19T12:50:28-08:00October 19th, 2020|Blog|

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.

“Terrorist Organizations” – a matter of discretion in Canada

2020-10-19T12:54:09-08:00September 18th, 2020|Blog|

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

2020-09-10T14:35:43-08:00September 8th, 2020|Blog|

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 [...]

Why you should be arguing the Courts have been misapplying the presumption of state protection in refugee claims

2020-08-25T14:17:56-08:00August 11th, 2020|Blog|

By Erica Olmstead Refugee Law 101: A person will be found to be a ‘Convention refugee’ if they face a well-founded fear of persecution in their home country, based on a nexus ground, like race, religion, or political opinion, under s. 96 of the Immigration and Refugee Protection Act. The “well-founded fear” standard lies below [...]

Justice Favel’s Decision in Ouansa v. Canada

2020-07-31T10:12:43-08:00July 31st, 2020|Blog|

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 [...]