Monday, 17 April 2017 09:00
The 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.
Monday, 03 April 2017 09:00
Published in Features
Monday, 13 February 2017 09:00
Canada 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.
Monday, 19 December 2016 09:00
Immigration 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.
Monday, 28 November 2016 09:00
Monday, 14 November 2016 10:40
Published in City Reports
Monday, 05 September 2016 09:00
Published in Features
Monday, 29 August 2016 09:00
Get 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.
Monday, 25 July 2016 09:56
The 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.
Monday, 30 May 2016 09:00