Project Description
Erica Olmstead
Partner / Lawyer
*Law Corporation
Erica Olmstead (pronouns: she/her) practices immigration, refugee and criminal law.
Erica has extensive experience resolving particularly complex inadmissibility cases for persons who face legal hurdles in seeking to get or keep their immigration status in Canada. She provides advice and assistance to immigrants and refugees seeking status in Canada at all stages of the application process and on appeal / judicial review. She also assists individuals facing criminal charges or seeking to appeal a conviction or sentence, where there is an immigration nexus, a Charter or social justice/rights-based issue or an error in the lower court judgment. She is particularly passionate about litigating cases where the law is being interpreted in an overbroad, unfair or unjust way. She regularly appears before all Divisions of the Immigration and Refugee Board, the Federal Court and the BC Superior Courts, as well as the British Columbia Court of Appeal, the Federal Court of Appeal and the Supreme Court of Canada.
Erica is an Adjunct Professor with the University of British Columbia, Allard School of Law where she teaches an upper-level seminar on Appellate Advocacy. Erica also works as a case review lawyer with the Appeals Department at Legal Aid BC, where she advises staff in all areas of immigration, refugee and criminal law, reviews cases for merit, and works to promote access to justice.
Erica has published numerous immigration-related articles and is a regular presenter at immigration and refugee legal education conferences and events across Canada.
Representative Supreme Court of Canada cases involving immigration, refugee protection, inadmissibility, detention, international law, criminal law and constitutional issues.
Pepa v. Minister of Citizenship and Immigration, 2024 CanLII 10157 (SCC) | Lead counsel for applicant · Leave granted · Permanent resident visa · Immigration Appeal Division · Statutory interpretation · Rule of law · Judicial review
L. N. v. His Majesty the King, 2024 CanLII 80693 (SCC) | Counsel for applicant · Leave application dismissed · Fairy Creek protests · Contempt of court · Sentence appeal · Gladue
His Majesty the King v. Emily Henderson (also known as Ryan Henderson), 2023 CanLII 72136 (SCC) | Lead co-counsel for respondent · Crown leave application dismissed · Acquittals · Lack of notice · Protest litigation · Injunction enforcement
Mason v. Canada (Citizenship and Immigration), 2022 SCC 21 | Lead counsel for appellant · Leave granted · Appeal allowed · IRPA s. 34(1)(e) inadmissibility · Acts of violence · Security grounds · Statutory interpretation · International law · Reasonableness
Her Majesty the Queen in Right of Canada v. Thampeernayagam Rajaratnam et al., SCC File No. 38812 (2020) | Lead co-counsel for respondent · Crown leave application dismissed · Charter rights · Right to life, liberty and security of the person · Fair hearing rights · MLACMA
Minister of Public Safety and Emergency Preparedness v. Chhina, 2018 SCC 29 | Lead counsel for intervener, Canadian Council for Refugees · Detention · Habeas corpus · Immigration detention · Charter rights
R. v. Wong, 2018 SCC 25 | Co-counsel for appellant · Appeal allowed · Guilty plea · Collateral immigration consequences · Deportation
Tran v. Canada (Public Safety and Emergency Preparedness), [2017] 2 SCR 289 | Consultation and research for written arguments · Serious criminality · Conditional sentences · Immigration inadmissibility · Appeal allowed
R. v. Appulonappa, [2015] 3 SCR 754 | Consultation and research for written arguments · Human smuggling · Asylum seekers · Charter challenge · Overbreadth · Appeal allowed
B010 v. Canada (Citizenship and Immigration), [2015] 3 SCR 704 | Co-counsel for appellant · Appeal allowed · Human smuggling · Organized criminality · Asylum seekers · Statutory interpretation
B010 v. Minister of Citizenship and Immigration, 2014 CanLII 38977 (SCC) | Co-counsel for appellant · Motion for reconsideration granted · Extension of time · Prorogation
Federal Court of Appeal cases involving immigration, refugee protection, inadmissibility and international law.
Canada (Public Safety and Emergency Preparedness) v. XY, 2022 FCA 113 | Organized criminality · Inadmissibility · Certified question · Procedural fairness
Canada (Citizenship and Immigration) v. Mason, 2021 FCA 156 | IRPA s. 34(1)(d) inadmissibility · Acts of violence · Statutory interpretation · Standard of review · Reasonableness
Canada (Public Safety and Emergency Preparedness) v. Tran, 2015 FCA 237 | Term of imprisonment · Conditional sentence order · Foreign national · Maximum punishment analysis · Deportation
B010 v. Canada (Citizenship and Immigration), 2013 FCA 87 | Human smuggling · Inadmissibility · Material benefit · Crew members · Standard of review
Selected appellate, criminal, constitutional, collateral immigration consequences, and public-interest cases.
L. v. China Mobile Group Sichuan Company Limited, 2024 BCCA 356 | Conflict of laws · International law · Forum conveniens · Fairness
R. v. N., 2024 BCCA 72 | Sentence appeal · Contempt of court · Indigenous law · Gladue
Teal Cedar Products Ltd. v. Rainforest Flying Squad, 2023 BCSC 904 | Defence · Contempt of court · Notice of injunction terms · Acquittal
Teal Cedar Products Ltd. v. Rainforest Flying Squad, 2023 BCSC 563 | Acquittals · Fairy Creek protests · Contempt · Injunction enforcement · Lack of notice · Supreme Court of Canada proceedings
Teal Cedar Products Ltd. v. Rainforest Flying Squad, 2022 BCSC 2328 | Sentencing · Contempt of court · Gladue · Indigenous law
Teal Cedar Products Ltd. v. Rainforest Flying Squad, 2022 BCSC 429 | Stay of proceedings · Vukelich application · Abuse of process · Old-growth protests · Injunction enforcement
R. v. B., 2021 BCSC 2561 | Sentencing · IRPA s. 124 offence · Aiding and abetting · Foreign nationals · Humanitarian assistance
R. v. B., 2020 BCSC 1846 | Constitutional challenge · Overbreadth · IRPA offences · Human smuggling · Vagueness
R. v. B., 2020 BCSC 1493 | Expert evidence · Constitutional challenge · IRPA s. 117 · Refugee assistance · Human smuggling
R. v. G., 2019 BCCA 279 | Sentence appeal · Immigration consequences · Serious criminality
R. v. M., 2019 BCCA 272 | Conviction appeal · Withdrawal of guilty plea · Immigration consequences · Deportation · Crimmigration
R. v. R., 2019 BCCA 209 | Asylum seekers · Humanitarian assistance · Migrants · Human smuggling defences
Representative Federal Court decisions involving immigration, refugee, citizenship, inadmissibility, detention, humanitarian and compassionate, and constitutional issues.
A. v. Canada (Citizenship and Immigration), 2025 FC 1260 | Mandamus · Citizenship application · Delay · Inadmissibility investigation · Security screening · Costs
Rodas v. Canada (Public Safety and Emergency Preparedness), 2025 FC 214 | Judicial review · Inadmissibility · Abuse of process · Delay · Immigration Division · Interests of justice
R. v. Canada (Public Safety and Emergency Preparedness), 2025 FC 214 | Abuse of process · Delay · Removal proceedings · Companion decision
D. v. Canada (Citizenship and Immigration), 2023 FC 647 | Permanent residence · Status in Canada · Humanitarian and compassionate considerations
D. v. Canada (Citizenship and Immigration), 2023 FC 58 | Removal order · IRPA s. 35(1)(b) · Senior government official · Inadmissibility
D. v. Canada (Citizenship and Immigration), 2022 FC 584 | Mandamus · Delay · Sponsorship application · Pandemic-related processing
K. v. Canada (Citizenship and Immigration), 2021 FC 1152 | Delay · IRPA s. 34(1)(f) · Membership inadmissibility · Abuse of process
XY v. Canada (Public Safety and Emergency Preparedness), 2021 FC 831 | IRPA s. 37(1) inadmissibility · Organized criminality · Procedural fairness · Section 44 report · Permanent resident
V. v. Canada (Citizenship and Immigration), 2021 FC 571 | Child affected · Family hardship · Humanitarian and compassionate considerations
S. v. Canada (Citizenship and Immigration), 2020 FC 361 | Best interests of the child · Long-term adverse effects · Humanitarian and compassionate application
G. v. Canada (Citizenship and Immigration), 2020 FC 433 | Refugee protection · Subjective fear · Police protection · Persecution
M. v. Canada (Citizenship and Immigration), 2019 FC 1618 | Overseas refugee resettlement · Best interests of children · Family reunification · Durable solution
Mason v. Canada (Citizenship and Immigration), 2019 FC 1251 | Criminal inadmissibility · Statutory interpretation · Security grounds
Canada (Public Safety and Emergency Preparedness) v. Hamdan, 2019 FC 1129 | Detention · Bondsperson · Conditions of release · Danger to the public
Hamdan v. Canada (Citizenship and Immigration), 2019 FC 993 | Pre-removal risk assessment · Independence of decision-maker · Charter issues
D. v. Canada (Public Safety and Emergency Preparedness), 2019 FC 174 | Criminal inadmissibility · Disclosure · Procedural fairness · Section 44 report
M.T. v. Canada (Citizenship and Immigration), 2018 FC 1216 | Refugee claim · Credibility · Subjective fear · Unreasonable findings
L. v. Canada (Citizenship and Immigration), 2018 FC 272 | Inadmissibility · Extension of time · Human smuggling · Refugees · Supreme Court of Canada proceedings
Z. v. Canada (Citizenship and Immigration), 2017 FC 1005 | Best interests of the child · Hardship · Humanitarian and compassionate considerations · Criminality
M. v. Canada (Citizenship and Immigration), 2016 FC 1245 | Conditional sentence · Immigration Appeal Division jurisdiction · Access to appeal
A. v. Canada (Citizenship and Immigration), 2016 FC 29 | Refugee cessation · Re-availment · Passport use · Minor child
S. v. Canada (Citizenship and Immigration), 2015 FC 1081 | Refugee claim · Subjective fear · Afghanistan · Threats · Family business
K. v. Canada (Citizenship and Immigration), 2015 FC 182 | Credibility findings · Refugee protection · Iran · Religious conversion
Canada (Citizenship and Immigration) v. S.M.G.L., 2014 FC 986 | Refugee protection · Whistleblowing · Cyber-attack plot · Well-founded fear of persecution
Olvera Romero v. Canada (Citizenship and Immigration), 2014 FC 671, [2015] 3 FCR 265 | Refugee cessation · Procedural fairness · Permanent residence · Humanitarian and compassionate considerations
Tran v. Canada (Public Safety and Emergency Preparedness), 2014 FC 1040 | Criminal inadmissibility · Conditional sentence · Maximum punishment analysis
M. v. Canada (Citizenship and Immigration), 2013 FC 1162 | State protection · Gang violence · Police corruption · Honduras
B010 v. Canada (Citizenship and Immigration), 2012 FC 569 | Human smuggling · Refugees · Admissibility · Wilful blindness
F. v. Canada (Citizenship and Immigration), 2012 FC 1394 | Risk assessment · Credibility findings · Forged passport
M. v. Canada (Citizenship and Immigration), 2012 FC 131 | National security inadmissibility · Subversion by force · Organization membership
Canada (Citizenship and Immigration) v. B031, 2011 FC 878 | Identity · Migrants · Detention · Mootness · Judicial review
Representative immigration, inadmissibility, refugee and refugee appeal, removal order appeal, and humanitarian and compassionate decisions (most are unreported).
T. v. Canada (Public Safety and Emergency Preparedness), 2025 CanLII 130209 (CA IRB) | Residency obligation appeal · Hardship · Family reunification · Economic establishment · Humanitarian considerations
Z. v. Canada (Public Safety and Emergency Preparedness), 2025 CanLII 133073 (CA IRB) | Misrepresentation · Removal appeal · Immigration application · Establishment in Canada · Family and community ties · Victim of fraud · Leave pending
D. v. Canada (Citizenship and Immigration), 2021 CanLII 143250 (CA IRB) | IRPA s. 35(1)(b) inadmissibility · Rank · Military · Lieutenant colonel · Senior official · Designated regime
G. v. Canada (Public Safety and Emergency Preparedness), 2020 CanLII 50502 (CA IRB) | Removal appeal · Compassionate considerations · Criminality · Joint recommendation
X (Re) v. Canada (Citizenship and Immigration), 2020 CanLII 24492 (IRB–IAD) | Removal order appeal · Humanitarian and compassionate considerations · Children · Residency obligation · Venezuela · Reconsideration · Granted
X (Re), 2018 CanLII 132756 (CA IRB–RAD) | Refugee appeal · Credibility · Evidence · Post-traumatic stress disorder · Photograph · Mali · Appeal allowed
H. v. Canada (Public Safety and Emergency Preparedness), 2018 CanLII 139451 (CA IRB–IAD) | Removal order appeal · Serious criminality · Special relief · Best interests of the child · Positive factors
X (Re), 2016 CanLII 107644 (CA IRB–RAD) | Refugee appeal · Identity · Evidence · Credibility · Eritrea · Appeal allowed
N. v. Canada (Public Safety and Emergency Preparedness), 2015 CanLII 91109 (CA IRB–IAD) | Removal order · Serious criminality · Humanitarian considerations · Mental health · Rehabilitation
X (Re), 2015 CanLII 111365 (CA IRB–RAD) | Refugee appeal · Passport · Religion · Credibility · Iran · Appeal allowed
X. v. Canada (Public Safety and Emergency Preparedness), 2015 CanLII 98282 (CA IRB–IAD) | Removal appeal · Stay · Congo · Mental health · Hardship · Humanitarian considerations · Criminality
X (Re), 2014 CanLII 95080 (CA IRB–RAD) | Refugee appeal · Pastor · Credibility · Mistake in name · Colombia · Appeal allowed
X (Re), 2014 CanLII 96093 (CA IRB–RPD) | Refugee claim · Fear · Recordings · Group · Iran · Mexico · Political opinion · Conspiracy
X (Re), 2013 (CA IRB–RPD) | Cessation · Re-availment · Visiting sick father · No intention
2015–Present | Peter A. Allard School of Law, University of British Columbia | Adjunct Professor, LAW 473: Appellate Advocacy (previously Assistant Instructor)
2012–Present | Legal Aid BC, Appeals Department | Case Merits Review Lawyer
2024–Present | Canadian Association of Refugee Lawyers (CARL) | Litigation Committee Member
2019–Present | Canadian Council for Refugees (CCR) | Legal Affairs Committee Member
2019–2023 | Association of Legal Aid Lawyers | Board of Directors | Immigration Tariff Committee Member
2019–2020 | Canadian Bar Association | Federal Court Citizenship, Immigration and Refugee Law Bar Liaison Committee Representative
2018–2020 | Canadian Bar Association | Refugee Law Working Group Member
2015–2021 | University of British Columbia, Certificate in Immigration Laws, Policies and Procedures | Instructor and Course Lead/Coordinator, Humanitarian & Compassionate Applications, Appeals and Detentions Module
2018–Present | Ministry of Children and Family Development | Contract Lawyer for Minors in Care
2012–Present | Legal Aid BC | Immigration Detention Duty Counsel
2011–2020 | Immigration and Refugee Board of Canada | Designated Representative Contract Counsel
2013–2020 | UBC Law Students’ Legal Advice Program | Supervising Lawyer
Erica regularly presents at national and provincial conferences on immigration, refugee, citizenship, detention, inadmissibility, appellate and criminal law issues.
2026 | Canadian Bar Association, BC Immigration Law Conference | Litigation Tactic for Making the System Move
2025 | Canadian Bar Association Conference | Complicated Compassion: Top Tips for Humanitarian & Compassionate Applications
2025 | Legal Aid BC Criminal Law Bootcamp | Sentencing and the Intersection of Criminal and Immigration Law
2024 | Canadian Bar Association, Criminal Justice (Vancouver Section) | The Intersection Between Criminal Law and Immigration Law
2023 | Canadian Bar Association, National Immigration Law Conference | Cases Before the Supreme Court of Canada: Mason and Dleiow, STCA Litigation, and Cases to Watch For
2023 | Canadian Association of Refugee Lawyers (CARL), Spring Conference | Mandamus: What Is It? When to Do It? How to Do It?
2022 | Canadian Association of Refugee Lawyers (CARL), UBC Chapter Webinar | Crimmigration and Refugee Law
2022 | Canadian Bar Association, Victoria Criminal Law Subsection | Fairy Creek Contemnor Defence Work
2021 | Continuing Legal Education Society of British Columbia (CLEBC) | Immigration Issues in Depth (Course Chair)
2021 | Continuing Legal Education Society of British Columbia (CLEBC), Appellate Practice | New to Appeals—A Primer
2020 | Continuing Legal Education Society of British Columbia (CLEBC), Jurisprudence Update: Immigration, Refugee & Citizenship Law | Immigration Decisions of Note from 2020
2020 | Canadian Association of Refugee Lawyers (CARL), Inadmissibility Series | Section 37 Organized Criminality
2019 | Association québécoise des avocats et avocates en droit de l’immigration (AQAADI), Annual Conference | Canada c. Chhina, 2019 CSC 29 et l’habeas corpus
2019 | Halifax Refugee Clinic Immigration and Criminality Conference | Fairness Letters, Section 44 Reports, Admissibility Hearings and Exclusion, the Immigration Appeal Division, and Conviction or Sentence Appeals – R. v. Wong, 2018 SCC 25
2019 | Canadian Bar Association, BC Immigration Law Conference | Appearing Before the Immigration and Refugee Board: Criminal Inadmissibility Updates
2018 | Canadian Association of Refugee Lawyers (CARL), UBC Chapter | Habeas Corpus for Immigration Detainees and Chhina v. Canada (SCC)
2018 | Legal Aid BC and Community Partners Conference | Bringing Family Members to Canada
2018 | Borderlines Podcast | Discussing R. v. Wong, 2018 SCC 25
2018 | Vancouver Courthouse Library Webinar | Introduction to Refugee Law
2018 | University of British Columbia, Law Students’ Legal Advice Program | Immigration Law Primer
2018 | Canadian Council for Refugees (CCR), Access to Justice Series Webinar | Criminal Inadmissibility: Understanding the Consequences for Non-Citizens
2017–2018 | International Humanitarian Law Conference, with the International Committee of the Red Cross | Steering Committee Member
2017 | Continuing Legal Education Society of British Columbia (CLEBC), Immigration Issues in Depth Conference | Intersections of Immigration, Criminal and International Law
2017 | Legal Aid BC Staff Conference | Refugees and the Law
2015 | University of British Columbia, Certificate in Immigration Laws, Policies and Procedures | Refugee Appeal Division
2015 | Canadian Bar Association, National Immigration Law Conference | Cessation of Refugee Status
2015 | Downtown Eastside Legal Access and Barriers Roundtable, UBC Learning Exchange | Immigration Status
2014 | Continuing Legal Education Society of British Columbia (CLEBC), Immigration Issues in Depth | The Ties that Bind or Loss of Permanent Residence Status
2014 | Canadian Council for Refugees (CCR) Webinar | Cessation of Refugee Status
2014 | Canadian Association of Refugee Lawyers (CARL) | Cessation Applications: Background & Strategies
2013 | Amnesty International Seminar | International Human Rights and Refugee Law
Various Years | Community Groups and Media Outlets | Immigration Law Presentations and Interviews
Continuing Legal Education Society of British Columbia – Jurisprudence Update: Immigration, Refugee & Citizenship Law — Immigration Decisions of Note from 2020, December, 2020
Contributor – CBA Immigration Law Section, Administrative deferral of removal for applicants in the “Spouse/Common-law Partner in Canada” class and applicants for permanent residence on H&C grounds, September 18, 2019
Contributor – CBA Immigration Law Section, Bill C-97 — Part 4, Division 16 – Changes to Canada’s Refugee Determination System, May 15, 2019
Criminal Inadmissibility: Understanding the consequences for non-citizens, 7 March 2018
‘Cessation under s. 108(1) of IRPA since the “Protecting Canada’s Immigration System Act” (CBA National Immigration Law Conference), May 7, 2015
Researcher and contributor – Invisible Chains: Canada’s Underground World Of Human Trafficking, October, 2011
Researcher – Autonomous Motherhood?: A Socio-Legal Study of Choice and Constraint, 2015
Guide for National Planning: To Prevent, Stop and Redress Violations of Commercial Sexual Exploitation of Children, 2009
Law Society of British Columbia, Authorized Practising Member, 2012- Present
Canadian Association of Refugee Lawyers, 2011- Present
Canadian Council for Refugees
Canadian Bar Association
Refugee Lawyers Association
British Columbia Association of Legal Aid Lawyers
Trial Lawyers Association of British Columbia
Criminal Defence Advocacy Society
BC Civil Liberties Association