Project Description
Erica Olmstead
Partner / Lawyer
Erica Olmstead (pronouns: she/her) practices immigration, refugee and criminal law.
Erica has assisted individuals from all over the world make applications to immigrate to and obtain status in Canada. She has extensive experience resolving particularly complex inadmissibility cases for persons who face legal hurdles in seeking to get or keep their status in Canada. Erica regularly appears before all divisions of the Immigration and Refugee Board and the Federal Court, and she has acted in cases before the British Colombia Court of Appeal, the Federal Court of Appeal and the Supreme Court of Canada. She provides advice and assistance to refugees seeking to make a claim in Canada or apply for resettlement from overseas. She also assists individuals facing criminal charges or seeking to appeal a conviction or sentence, where there is an immigration nexus, a Charter issue or an error in the lower court judgment.
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 is an Adjunct Professor with the University of British Columbia, Allard School of Law course where she teaches an upper-level seminar on Appellate Advocacy. She is also a course lead coordinator and instructor with the University of British Columbia, Certificate in Immigration, Laws, Policies and Procedures program (Appeals, Detention and Humanitarian & Compassionate course).
Erica has published numerous immigration-related articles and is a regular presenter at immigration and refugee legal education conferences and events across Canada.
Pepa v. Canada (Citizenship and Immigration), 2023 FCA 102 – lead counsel for Applicant, application for leave granted
Immigration — Permanent resident visa — Interpretation — Obiter and Standard of Review – Rule of Law — Interpretation
His Majesty the King v. Emily Henderson also known as Ryan Henderson, 2023 CanLII 72136 (SCC) – lead co-counsel for Respondent, successful dismissal of Crown’s application for leave
Mason v. Canada (Citizenship and Immigration) 2022 SCC 21 – lead counsel for Applicant, application for leave granted, appeal granted
34(1)(e) inadmissibility — acts of violence — standard of review — removal — interpretation — international law — reasonableness — security grounds
Her Majesty the Queen in Right of Canada v. Thampeernayagam Rajaratnam, et al., 2020 SCC Case number 38812 – lead co-counsel for Respondent, successful dismissal of Crown’s application for leave
Application for leave dismissed —Charter of Rights — Constitutional law — Right to life, liberty and security of person — Right to a fair hearing — MLACMA
Minister of Public Safety and Emergency Preparedness, et al. v. Tusif Ur Rehman Chhina, 2018 SCC 29 – lead counsel for intervener Canadian Counsel for Refugees
Detention — habeas corpus application — immigration — detainee — Charter of Rights
R. v. Wong, 2018 SCC 25 – co-counsel for Appellant
Guilty plea — uninformed — collateral consequences — deportation — appeal allowed
B010 v. Canada (Citizenship and Immigration), [2015] 3 SCR 704 – co-counsel for Appellant
People smuggling — context of transnational crime — organized criminality — asylum-seekers — appeal allowed
B010 Minister of Citizenship and Immigration, 2014 CanLII 38977 (SCC) – co-counsel for Appellant
Motion for reconsideration — extension of time — granted — prorogation
Tran v. Canada (Public Safety and Emergency Preparedness), [2017] 2 SCR 289 – consultation and research for written arguments
Term of imprisonment — conditional sentences — serious criminality — admissibility — appeal allowed
R. v. Appulonappa, [2015] 3 SCR 754 – consultation and research for written arguments
Smuggling — humanitarian — asylum-seekers — undocumented — Charter of Rights — overbroad — appeal allowed
Teal Cedar Products Ltd. v Rainforest Flying Squad, 2022 BCSC 429 (CanLII)
stay of proceedings — Vukelich — common law — abuse of process — screening — old growth protest
R. v B, 2021 BCSC 2561
sentence — probation — immigration general offence — aiding and abetting— foreign nationals — crossing border
R. v.B., 2020 BCSC 1846
Constitutional challenge — overbreadth — hypotheticals — offence — smuggling and general offence — vague
R. v B., 2020 BCSC 1493
Expert — report — evidence — immigration — refugee
R. v. G., 2019 BCCA 279
Sentence — trafficking — serious criminality — reinstatement — abandoned
R. v. M., 2019 BCCA 272
Convictions — guilty pleas — immigration consequences — violating — deportation
R. v. R. 2019 BCCA 209 (CanLII)
Asylum seeker — humanitarian aid — migrants — mutual aid — defences
R. v. W., 2018 BCCA 360
Collateral immigration consequences — dial-a-dope — offender — sentencing — cocaine
R. v D., 2018 BCSC 1496
Sentence — rehabilitation — probation — tellers — commit robbery
R. v H., 2018 BCSC 1171
Restitution — sentencing — mile — rate — employment
R. v. D, 2017 BCCA 266
Sentence — trafficking — cocaine — immigration consequences — mandatory minimum
R. v. Z, 2017 BCCA 185
Sentence — assault — credit for pre-sentence custody — time served — uttering threats
R. v. R, 2017 BCCA 53
Breaking into a coin-operated device — conviction — parking meter — indictment — instrument
R. v. Z, 2016 BCSC 895
Pre-sentence custody — effective sentence — deportation — presentence — time
R. v. T, 2016 BCSC 2479
Six-month conditional sentence — extension of time — immigration status — deportation — interests of justice
R. v. W, 2016 BCCA 416
Guilty plea — immigration consequences — miscarriage of justice — sentence — conviction
R. v. K, 2016 BCCA 123
Six-month sentence — collateral immigration consequences — permanent resident — criminality — aware
R. v. A, 2016 BCSC 937
Declaration of invalidity — enactment so repealed — offence — suspension of invalidity — conviction
R. v. K, 2014 BCCA 300
Conditional sentence — illegal sentence — offence — probation — consecutively
R. v. N, 2013 BCCA 339
Sentence — offender — insurance company — ability to pay the restitution — demonstrably unfit
R. v. P, 2013 BCCA 321
Sentence — substance abuse — presentence — probation — custody
R. v. D, 2013 BCCA 222
Three-year probation — one-year conditional sentence — term of restitution — expires — conditional discharge
R. v. D, 2013 BCCA 153
Conditional discharge — sentence — lifetime ineligibility — collateral consequences — family unit
R. v. H, 2012 BCCA 470
Sentence — unwell — imposed — heroin — sentencing
R. v. A, 2014 BCCA 163
Human smuggling — international — refugees — family members — overbroad
R. v. A, 2013 BCSC 198
Declaration of invalidity — void — stay — human smuggling — struck
R. v. Appulonappa, 2013 BCSC 31
Human smuggling — refugees — overbroad — international — hypotheticals
Canada (Public Safety and Emergency Preparedness) v. XY, 2022 FCA 113 (CanLII)
organized criminality — inadmissibility — certified — question — procedural fairness
Canada (Citizenship and Immigration) v. Mason, 2021 FCA 156
People smuggling — inadmissibility — material benefit — standard of review — crew
Canada (Public Safety and Emergency Preparedness) v. Tran, 2015 FCA 237
Term of imprisonment — conditional sentence order — foreign national — punishable by a maximum term — deportation
pandemic — mandamus — delay — application — sponsorship
K. v. Canada (Citizenship and Immigration), 2021 FC 1152
delay — evidence — 34(1)(f) admissibility — membership — abuse of process
XY v. Canada (Public Safety and Emergency Preparedness), 2021 FC 831 (CanLII)
37(1) admissibility — procedural fairness — organized criminality — s. 44 report process — permanent resident
V. v. Canada (Citizenship and Immigration), 2021 FC 571
Foreign national — child — hardship — family — humanitarian
S. v. Canada (Citizenship and Immigration), 2020 FC 361
Children — long-term adverse effects — humanitarian and compassionate — failure to consider
G. v. Canada (Citizenship and Immigration), 2020 FC 433
Overseas refugee resettlement — durable solution — best interests of children — reunification
Mason v. Canada (Citizenship and Immigration), 2019 FC 1251
Inadmissibility — criminality — knock-out punch — statutory interpretation — security
Canada (Public Safety and Emergency Preparedness) v. Hamdan, 2019 FC 1129
Bondsperson — detention — danger to the public — conditions — release — habeas corpus filed in BCSC
Hamdan v. Canada (Citizenship and Immigration), 2019 FC 993
Pre-removal risk assessment — lack of independence — moot — refugee — Charter of Rights
D. v. Canada (Public Safety and Emergency Preparedness), 2019 FC 174
Criminal — admissibility — disclosure — fairness — section 44 report
M. T. v. Canada (Citizenship and Immigration), 2018 FC 1216 – Overturning – X (Re), 2018 CanLII 128210 (CA IRB)
Refugee — lived — credibility — leaving — subjective fear — unreasonable finding
Z. v. Canada (Citizenship and Immigration), 2017 FC 1005
Best interests of the child — hardship — humanitarian and compassionate — criminality — reconsideration
M. v. Canada (Citizenship and Immigration), 2016 FC 1245
Term of imprisonment — jurisdiction — immigration appeal division — access — conditional sentence order
L. v. Canada (Citizenship and Immigration), 2018 FC 272
Inadmissibility — extension of time — delay — people smuggling — refugee — Supreme Court of Canada
K. v. Canada (Citizenship and Immigration), 2015 FC 182
Credibility findings — standard of review — refugee — Iran — proselytizing — Christian
Canada (Citizenship and Immigration) v. S.M.G.L, 2014 FC 986
Refugee — cyber-attack plot — whistle-blowing activities — well-founded fear of persecution — attempts to expose
A. v. Canada (Citizenship and Immigration), 2016 FC 29
Refugee — cessation — country of nationality — passport — re-availed himself of s diplomatic — minor
S. v. Canada (Citizenship and Immigration), 2015 FC 1081
Subjective fear — family — Afghanistan — threats — business — night letter
Olvera Romero v. Canada (Citizenship and Immigration), [2015] 3 FCR 265, 2014 FC 671
Cessation application — refugee — procedural fairness — permanent residence — humanitarian and compassionate
M. v. Canada (Citizenship and Immigration), 2013 FC 1162
State protection — violence — gang — corruption — police — Honduras
B010 v. Canada (Citizenship and Immigration), 2012 FC 569
Refugee — smuggling — admissibility — concept of wilful blindness — passengers — crew — ship
Tran v. Canada (Public Safety and Emergency Preparedness), 2014 FC 1040
Punishable by a maximum term of imprisonment — conditional sentence — officer — admissibility
F. v. Canada (Citizenship and Immigration), 2012 FC 1394
Risk assessment — adverse credibility findings — forged passport — interview — decision-makers
M. v. Canada (Citizenship and Immigration), 2012 FC 131
Subversion by force — admissibility — organization — ideology — reasonable grounds to believe
Canada (Citizenship and Immigration) v. B031, 2011 FC 878 — 2011-07-14
Identity — migrants — moot — detention — applications for judicial review
D. v Canada (Citizenship and Immigration), 2021 CanLII 143250 (CA IRB)
35(1)(b) admissibility — rank — military — lieutenant colonel — senior official designated regime
G. v Canada (Public Safety and Emergency Preparedness), 2020 CanLII 50502 (CA IRB)
X (Re), 2018 CanLII 128210 (CA IRB – RPD)
Pre-hearing conference — cessation — vacation — joining — applications
X (Re), 2018 CanLII 132756 (CA IRB – RAD)
Father — 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 — warrant special relief in light — best interests of child directly affected — positive factor
N. v Canada (Public Safety and Emergency Preparedness), 2015 CanLII 91109 (CA IRB- IAD)
Removal order — serious criminality — trafficking in a controlled substance — humanitarian — mental health
X (Re), 2015 CanLII 111365 (CA IRB – RAD)
Passport — religion — re-determination by a differently constituted — credibility — Iran — RAD
X. v Canada (Public Safety and Emergency Preparedness), 2015 CanLII 98282 (CA IRB- IAD)
Removal — stay — evidence — Congo — mental health — hardship — humanitarian
X (Re), 2016 CanLII 107644 (CA IRB – RAD)
Identity — claimant — evidence — documents — credibility –Eritrean — RAD
X (Re), 2014 CanLII 95080 (CA IRB – RAD)
Pastor — credibility — mistake in name — claimant – RAD — Colombia — allowed
X (Re), 2014 CanLII 96093 (CA IRB – RPD)
Claimant — fears — recordings — group – Iran – Mexico – Political Opinion – Conspiracy
X(Re), 2013 (CA IRB – RPD)
Cessation — re-availment — visiting sick father — no intention
University of British Colombia, Allard School of Law, Adjunct Professor, LAW 473, Appellate Advocacy , 2015-Present (previously, assistant instructor)
Legal Services Society, Appeal Department, case review lawyer, 2012 – Present
University of British Colombia, Certificate in Immigration, Laws, Policies and Procedures – Instructor and Course Lead / Coordinator, Humanitarian & Compassionate Applications, Appeals and Detentions Module, 2015 to Present
UBC Law Students’ Legal Advice Program, Supervising lawyer, 2013 – Present
Association of Legal Aid Lawyers, Board of Directors, 2019 – Present
Canadian Council for Refugees, Legal Affairs Committee, 2019- 2022
Canadian Bar Association, Federal Court Citizenship, Immigration and Refugee Law Bar Liaison Committee (2019-2020) CBA representative; Refugee Law Working Group Member (2018-2020)
Legal Services Society, Immigration Detention Duty Counsel, 2012 – Present
Ministry of Children and Family Services, contract lawyer for minors in care, 2018 – Present
Immigration and Refugee Board, Designated Representative contracts, 2011 – Present
Canadian Association of Refugee Lawyers, UBC Chapter – Crimmigration and Refugee Law – April, 2022
CBA Victoria Criminal Subsection Meeting – Fairy Creek Contemnor Defence work, February, 2022
Continuing Legal Education Society of British Columbia – Immigration Issues in Depth, Course Chair, December, 2021
Continuing Legal Education Society of British Columbia – Appellate Practice , New to Appeals—A Primer, November 2021
Continuing Legal Education Society of British Columbia – Jurisprudence Update: Immigration, Refugee & Citizenship Law — Immigration Decisions of Note from 2020, December, 2020
Canadian Association of Refugee Lawyers, Inadmissibility series – s. 37 organized criminality, July 2020
Colloque 2019 de l’Association québécoise des avocats et avocates en droit de l’immigration (AQAADI): Au coeur de tous les débats AQAADI – Canada c. Chhina 2019 CSC 29 et l’habeas corpus, Montreal, 4 octobre 2019
Halifax Refugee Clinic’s Immigration and Criminality conference– Fairness letters, s. 44 reports, admissibility hearings and exclusion, the Immigration Appeal Division, and Conviction or sentence appeals – v. Wong, 2018 SCC 25, 28-29 March 2019
Canadian Bar Association, BC Immigration Law Conference – Appearing Before The Immigration & Refugee Board – Criminal Inadmissibility Updates, March 2019
Canadian Association of Refugee Lawyers, UBC Chapter – Habeas Corpus for immigration detainees and Chhina Canada (SCC), November 6, 2018
Legal Services Society & Community Partners conference – Bringing family members to Canada , July 2018
Borderlines Podcast: Discussing v. Wong, 2018 SCC 25
Vancouver Court House Library webinar – Introduction to Refugee Law, March 6, 2018
University of British Columbia, Law Students Legal Advice Program – Immigration law Primer, 2018
Canadian Counsel for Refugees webinar – Criminal Inadmissibility: Understanding the consequences for non-citizens, Access to Justice Series , 7 March 2018
Steering Committee Member- International Humanitarian Law Conference with the International Committee of the Red Cross, March, 2017 and February, 2018
CLE BC Immigration Issues in Depth conference – Intersections of Immigration, Criminal and International Law, November, 2017
Legal Services Society Staff conference – Refugees and the Law, May 4, 2017
University of British Colombia, Certificate in Immigration, Laws, Policies and Procedures course – Refugee Appeal Division, May, 2015
Canadian Bar Association National Immigration Law Conference – Cessation of Refugee Status, 2015
Downtown East Side Legal Access and Barriers Roundtable – Immigration Status, UBC Learning Exchange, 2015
CLE BC Immigration Issues in Depth – The Ties that Bind or Loss of Permanent Residence Status, 2014
Amnesty International seminar – International human rights and refugee law, 2013
Canadian Counsel for Refugees webinar – Cessation of refugee status, 2014
Canadian Association of Refugee Lawyers – Cessation Applications Background & Strategies, 2014
Immigration law presentations to various community groups and media outlets
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 Bar Association, Refugee Law Working Group Member (2018-2019), CBA representative on the Federal Court Citizenship, Immigration and Refugee Law Bar Liaison Committee (2019-2020)
Canadian Council for Refugees
Refugee Lawyers Association
British Columbia Association of Legal Aid Lawyers, Board of Directors (2019- 2020)
Trial Lawyers Association of British Columbia
Criminal Defence Advocacy Society
BC Civil Liberties Association