Queering refugee claims: IRB gets rid of problematic stereotypes and impossible paradoxesKudos to Canada’s Immigration and Refugee Board for its new guideline designed to prevent queer refugee claims from being unfairly dismissed.  
Published in Web exclusive content
Two solitudes: the treatment of non-citizens and criminally accused in CanadaThe gap between how we treat non-citizens and criminally accused in Canada may be perpetual. The immigration bar has, for years, struggled to close the distance between the rules applied to two groups of people in Canada. The solid regime of constitutional protections that permeates criminal law and ensures the protection of a person charged with a crime from arbitrary state action has never quite been grounded in immigration law. The use of secret evidence in hearings, the assumption that the written notes of police or government officials are accurate and the confounding view that if a prospective surety knows the detainee too well they may not be trustworthy enough are examples of concepts unknown in criminal law. Yet, time and time again, we are faced in immigration hearings with these and other “principles” that cloud and diminish any attempt to realize a sense of justice and fair play in immigration law.
Published in Web exclusive content
Monday, 03 April 2017 09:00

Trudeau’s immigration promises

Illustration: Matthew Billington
Illustration: Matthew Billington
Lawyers are cautiously optimistic that the Liberals can continue their positive momentum.
Published in Features
The Trudeau era ushers in a kinder, gentler immigration departmentCanada Immigration, now called Canada Immigration, Refugees and Citizenship, has undergone a significant transformation in approach under the Trudeau regime. Gone is the largely secretive, even hostile approach undertaken by immigration officials in their case work, replaced by communication and, yes, even kindness.
Published in Web exclusive content
Compellable, comshmellable . . . what’s in self-incriminationImmigration law is one of the few areas of law, maybe the only one, in which people whom the state seeks to penalize or sanction, even imprison, are forced to testify against themselves. This seems inconsistent with every value we have concerning the protection of an accused and a healthy mistrust of the state. But there it is; in proceedings before the Immigration Division of the Immigration and Refugee Board of Canada, the person concerned is compellable to testify. 
Published in Web exclusive content
Federal government makes hopeful announcements on immigrationImmigration, Refugees and Citizenship Canada has made multiple announcements over the last several weeks. 
Published in Web exclusive content
Monday, 14 November 2016 10:40

Vancouver City Report

Vancouver City ReportLaw firms are being hit with a flood of legal work as Asian investment continues to grow
Published in City Reports
Monday, 05 September 2016 09:00

Preclearance bill raises concerns

Illustration: Alexi Vella
Illustration: Alexi Vella
Calgary lawyer Michael Greene is all for the faster movement and freer flow of legitimate goods and law-abiding people between Canada and the United States.
Published in Features
Enforcement officers: kids judging credibilityGet ready for this: Enforcement officers can, nay must, conduct an interview of a deportee who has alleged risk, if the credibility of the risk allegation is at issue. So says the Federal Court of Appeal in its recent pronouncement in Atawnah v. MPSEP.
Published in Web exclusive content
Building a data-based immigration systemThe firm where I work recently hosted a roundtable with Minister of Citizenship, Refugees, and Immigration John McCallum along with several business leaders in Canada. As part of the minister’s on-going commitment to review the International Mobility Program and his ministry’s relationship to the Temporary Foreign Worker Program, consultations are being held to discuss the nature of business in Canada.
Published in Web exclusive content
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