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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
We are proud to announce that the contributions of two of the firm's lawyers are being recognized with awards from the Canadian Bar Association. Congratulations to Erin Roth for receiving the Volunteer Recognition Award, and to Will Tao for receiving the Founders' Award!
Will Tao recently joined Canadian Immigration Lawyer, Mark Holthe on his podcast, Canadian Immigration Podcast, to discuss some of the challenges international students experience when studying in Canada and some essential tips to avoiding the most common pitfalls.
Taino v Canada: Has the Federal Court just endorsed the indefinite detention of noncitizens in Canada?
Photo credit: THE CANADIAN PRESS / Graham Hughes 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 and migrant rights advocates in Canada had thus far failed to [...]