Borderlines

Aris Daghighian is a senior associate with Green and Spiegel LLP in Toronto. He represented the Canadian Association of Refugee Lawyers as intervenors in Brown v. Canada, 2020 FCA 130. In this episode we discuss the issues raised in the case, including how immigration detention works in Canada, what the disclosure obligations should be on the government in an immigration detention proceeding and whether there should be a maximum time that someone can be held in immigration detention. Hosted on Acast. See acast.com/privacy for more information.

R v. Zora is a 2020 Supreme Court of Canada decision involving the criminal offence of breaching bail conditions. It is relevant in the Canadian immigration context as individuals who are convicted of this crime in Canada, or who are convicted of or commit an equivalent offence abroad, are inadmissible to the country. Steven and Deanna are joined by Sarah Runyon, who was counsel for Mr. Zora at the Supreme Court. We discuss how bail works in Canada, the offence of breach of bail conditions, and the implications of the Supreme Court decision. Hosted on Acast. See acast.com/privacy for more information.

Andrew, Deanna and Steven discuss the closure of the Canada - US border during COVID-19 and how the agreement has been implemented in the two policies, recent Executive Orders regarding immigration, and the United States Supreme Court decision in Department of Homeland Security et al v. Regents of the University of California et al.Andrew Hayes is a US immigration lawyer who practices in Vancouver. His website is http://www.usborderlaw.com 2:00 -The closure of the Canada - US border25:00 - Recent Executive Orders pertaining to immigration in the United States 45:00 - The DACA decision Hosted on Acast. See acast.com/privacy for more information.

Deanna Okun-Nachoff and Steven Meurrens discuss how COVID19 has caused havoc to Canada's immigration system, including border closures, operational slowdowns and the suspension of litigation proceedings. Hosted on Acast. See acast.com/privacy for more information.

Vavilov v. Canada (Citizenship and Immigration)is a 2019 Supreme Court of Canada decision in which the Supreme Court of Canada outlined a new framework for the standard of review in Canadian administrative law. Hosted on Acast. See acast.com/privacy for more information.

François Crépeau is a Professor at the McGill Faculty of Law and the Director of the Centre for Human Rights and Legal Pluralism. He was the United Nations Special Rapporteur on the Human Rights of Migrants from 2011 to 2017.Peter Edelmann and François discuss migration issues generally, the Compact for Migration, and its implication for Canadian immigration and refugee law. This episode was recorded before Peter Edelmann was appointed to the British Columbia Supreme Court. Hosted on Acast. See acast.com/privacy for more information.

An overview of the immigration platforms, and general historic policies, of Canada's political parties. 1:45 - Where do the parties stand with regards to letting provinces decide who immigrates?13:28 – Immigration levels23:30 – What are the promises with regards to border security and the Safe Third Country Agreement? 36:00 – Temporary Foreign Workers42:00 – Application fees46:00 – Settlement services and values tests48:00 – Where parties can work together on and general trends. Hosted on Acast. See acast.com/privacy for more information.

Andrew Hayes is a US immigration lawyer who practices in Vancouver. In this episode we discuss how the immigration systems of Canada and the United States each deal with the issue of immigrants and social assistance. How similar is the "public charge" rule in the United States and "financial inadmissibility" in Canada? What is a sponsorship bar? Can permanent residents be deported for imposing a fiscal burden on the state? Hosted on Acast. See acast.com/privacy for more information.

Sean Rehaag is an Associate Professor at Osgoode Hall Law School. His academic research focuses on empirical studies of immigration and refugee law decision-making processes.Sean, Deanna, Peter and Steven discuss his quantitative research which has used large data-sets to study extra-legal factors that influence outcomes in Canadian refugee adjudication. Does immigrating to Canada, getting refugee status or winning a judicial review simply depend on the luck of who decides your application? Hosted on Acast. See acast.com/privacy for more information.

Jamie Chai Yun Liew is a law professor at University of Ottawa and an immigration lawyer. She acted for the Canadian Council for Refugees as intervener before the Supreme Court of Canada in Kanthasamy v. Canada (Citizenship and Immigration). She can be found on Twitter @thechaiyunJamie, Peter, Deanna and Steven discusses humanitarian & compassionate considerations in Canadian immigration law, including the Supreme Court of Canada decisions in Baker and Kanthasamy. We also discussed Regulation 117(9)(d), which excludes unexamined family members from future sponsorship, and the recently announced pilot to mitigate the impact of this exclusion. Hosted on Acast. See acast.com/privacy for more information.

Molly Joeck and Erica Olmstead are lawyers with Edelmann & Co. They, along with Peter Edelmann, acted for the Canadian Council for Refugees as interveners before the Supreme Court of Canada in Canada (Public Safety and Emergency Preparedness) v. Chhina. In Chhina the issue before the Supreme Court was whether immigrant detainees have access to habeas corpus. We discuss Chhina, how immigration detention works in Canada, habeas corpus and issues going forward. Hosted on Acast. See acast.com/privacy for more information.

Natalie Drolet is the Executive Director / Staff Lawyer for the Migrant Workers Centre. We discuss the history of Canada's caregiver programs, current issues and what the future looks like. Hosted on Acast. See acast.com/privacy for more information.

Civil forfeiture is a process in which the government seizes assets from persons suspected of involvement with crime without necessarily charging the owners with wrongdoing. Did you know that in British Columbia the government can seize and forfeit your car if you speed? Or that police can "seize first ask later" for property that is less than $75,000? This was a fascinating look at an area of law that receives little scrutiny, especially in how it can relate to immigration. Bibhas Vaze is a criminal defence lawyer in Vancouver. Hosted on Acast. See acast.com/privacy for more information.

Robert Tibbo is a Canadian lawyer previously based in Hong Kong, where he has an active human rights and refugee law practice. He has served as counsel in many notable cases, including Edward Snowden, a former contractor for the United States government who copied and leaked classified information from the National Security Agency in 2013. Peter and Robert discuss what it is like to practice refugee law in Hong Kong and about Robert's representation of Edward Snowden, which at one point included arranging for Mr. Snowden to stay with other asylum claimants in Hong Kong to avoid being detected by the authorities. Hosted on Acast. See acast.com/privacy for more information.

The Government of Canada, as well as several provincial governments, have introduced several measures to protect temporary foreign workers and maintain the integrity of Canada's foreign worker programs.Meera Thakrar is a Canadian immigration lawyer whose practices focus on helping companies recruit and retain foreign workers. Meera joins Peter Edelmann, Deanna Okun-Nachoff and Steven Meurrens to discuss various measures that different levels of government have introduced to protect foreign workers, challenges do governments face in this task and how employer compliance inspections work. Hosted on Acast. See acast.com/privacy for more information.

The Temporary Foreign Worker Program, also known as the Labour Market Impact Assessment, is the main program through which Canadian companies hire temporary foreign workers. We discuss numerous aspects of obtaining Labour Market Impact Assessments, including prevailing wage, recruitment, transition plans, processing times, job match, the Global Talent Stream and the Owner - Operator LMIA.Kyle Hyndman and Meera Thakrar are both Canadian immigration lawyers whose practices focus on helping companies recruit and retain foreign workers. Hosted on Acast. See acast.com/privacy for more information.

Marshall Rothstein served as a Justice on the Supreme Court of Canada from 2006 - 2015. He previously was a Judge on the Federal Court of Canada and the Federal Court of Appeal. Garth Barriere is a criminal defence attorney in Vancouver. He was counsel in Khosa v. Canada (Citizenship and Immigration, a major Supreme Court of Canada immigration decision in which Justice Rothstein wrote a concurring opinion. In this episode Justice Rothstein provides tips for written and oral advocacy. While the focus is on appellate litigation, anyone interesting in strengthening their advocacy skills will benefit from what he has to say. We also discuss the Supreme Court of Canada's decision in Khosa v. Canada (Citizenship and Immigration), and its impact on administrative law in Canada. It is a frank conversation. Hosted on Acast. See acast.com/privacy for more information.

R v. Wong is a 2018 Supreme Court of Canada decision in which the Supreme Court of Canada had to determine whether a person could withdraw a guilty plea if they they did not know that their pleading guilty would lead to deportation.Erica Olmstead is an Associate at Edelmann & Co. She and Peter Edelmann represented the accused at the Supreme Court. Lobat Sadrehashemi represented one of the invervenors, the Canadian Association of Refugee Lawyers. Hosted on Acast. See acast.com/privacy for more information.

Darryl Larson practiced immigration law in Vancouver, British Columbia for almost thirty years. He was a former Chair of the Canadian Bar Association of British Columbia's Immigration Section, counsel to both individuals and corporations, at one point represented China's most wanted fugitive, and successfully implemented a succession plan when he retired in 2018.In this episode Peter, Steven, Deanna and Darryl discuss Darryl's career as an immigration lawyer in a candid discussion about what practicing immigration law is like. Hosted on Acast. See acast.com/privacy for more information.

Deanna and Erin Roth discuss issues in Canadian medical inadmissibility law.  When can someone be inadmissible to Canada because they have a serious medical condition?  How does one confront such an allegation? What changes are upcomming?Erin Roth is a Lawyer with Edelmann & Co. Her work involves court proceedings regarding Extradition and Mutual Legal Assistance requests from foreign states and civil litigation on behalf of government agencies. Hosted on Acast. See acast.com/privacy for more information.