Borderlines

Samuel Hyman is a Vancouver lawyer with one of the more well known practices in Canadian customs law. We dive into Canadian customs law for individuals, examining the procedures and rights that Canadians have at the border around the seizure of goods, the imposition of administrative monetary penalties and loss of NEXUS. We discuss the consequences of violating customs regulations and how to challenge CBSA decisions. After, Sam shares his view on why eliminating the distinction between immigration and tax status could unlock significant revenue gains for the government. Hosted on Acast. See acast.com/privacy for more information.

This episode originally ran on October 5, 2021. Carl Brault worked for almost twenty years at the Canada Border Services Agency. His roles included Border Services Officer, Intelligence Analyst and Inland Enforcement Officer. He currently provides consultation services to authorized immigration representatives and can be reached at cb-advisingservices@outlook.com. 3:00Working as a summer student as a Border Services Officer. 6:30September 11, 2011 9:50What kind of training does a CBSA officer receive before they start working at the border? 18:10Working as a CBSA Intelligence Analyst 21:30Working as an Inland Enforcement Officer 25:00Is CBSA understaffed or overstaffed? 28:30Level of autonomy officers have in deferral requests. 38:30What should lawyers or individuals do when making deferral of removal requests? 42:30The ability of CBSA to make positive decisions by not acting. 48:30What is the difference in culture across different offices? 51:15What are examples of where counsel harms their clients cause at

In this episode, we are joined by Gerald Chan, a privacy and criminal defense lawyer from Stockwood's LLP. We discuss several significant cases and topics within the realm of privacy law and its intersection with Canadian immigration law.Gerald's paper on text message privacy can be found here. Specific cases include: R. v. Bykovets, 2024 SCC 6 (whether police need warrant to obtain IP address)R v. Marakah, 2017 SCC 59 (whether police need warrant to obtain text messages)R. v. Spencer, 2014 SCC 43 (online anonymity) We also discuss the intersection between privacy law and immigration law, including when CBSA can search electronic devices, and invasive requests for documents. . Hosted on Acast. See acast.com/privacy for more information.

A. Connie Campbell is a lawyer at Edelmann & Co. We discuss inadmissibility for organized crime and answer a question about whether we think that law societies should screen lawyers for Islamophobia or anti-Palestinian sentiments. Hosted on Acast. See acast.com/privacy for more information.

Corey Clamp worked at Citizenship and Immigration Canada from 2003-2008. His roles included working as a Litigation Management Analyst in Ottawa, several supervisory roles at the Canadian High Commission in New Delhi and as a Senior Immigration Officer at the Canadian visa office in Ho Chi Minh City.We discuss Corey's immigration career, the importance of overseas offices, refusing applications, the importance of individual personalities in the visa processing process and things that Corey believes members of the public or applicants should understand about the role of visa officers. We also answer a recent question about what our thoughts are regarding Immigration, Refugees and Citizenship Canada's 2023 Temporary Public Policy to bulk waive eligiblity requirements to clear the temporary resident visa backlog, and the 19,000 refugee claims that resulted by the end of 2023. Hosted on Acast. See acast.com/privacy for more information.

Deanna and Steven discuss the partial visa reimposition on Mexican nationals, the cancellation of Mexican eTAs, IRCC procedures for cancelling visas in general and the Supreme Court granting leave in Pepa. We also answer a listener question, which is whether Canadian visa officials should screen prospective immigrants for antisemitism. Hosted on Acast. See acast.com/privacy for more information.

This episode is a repost of episode 35, which has been our most listened to podcast episode to date.Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 was a landmark 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.The episode begins with a discussion between Steven and Robert Denay about how the standard of review works. Deanna and Steven then discuss how Vavilov could impact immigration law and practice. Hosted on Acast. See acast.com/privacy for more information.

Peter Edelmann was a founder of the Borderlines podcast and immigration lawyer who was appointed to the British Columbia Supreme Court in December, 2019. Hosted on Acast. See acast.com/privacy for more information.

Amandeep Hayer is the founder of Hayer Law, a Vancouver immigration law firm. The Express Entry points requirement is currently higher than it has ever been. In this episode we discuss when they are likely to decrease. We also discuss a recent Ontario court decision which struck down Canada's two generation limit on citizenship by descent. Finally, Steve recently listened to a podcast which stated that the following are five signs that a lawyer is not taking their practice seriously. They are: (1) the lawyer answers their own phone rather than having calls go through a receptionist, (2) they use a non-professional e-mail account like gmail, (3) they meet potential clients at coffee shops, (4) they lower their fees when pressured, and (5) they have many practice areas. We also discuss not having a website, Law Society sanctions and Google reviews. 00:00 - Introduction and Express Entry28:00 - Ontario decision striking down citizenship by descent limitation37:00 - Are these signs that a lawyer is not taking the

Warda Shazadi Meighen is an immigration lawyer in Toronto and the founder of Landings Law. Canadian immigration legislation states that adoptions that can lead to immigration must create a legal parent-child relationship and sever the pre-existing legal parent-child relationship.Many Islamic countries have adoption, or guardianship, regimes based on kafala law, by which adoptive parents become the sponsor or guardians of a child, but the pre-existing legal parent-child relationship is not severed. As a consequence, adoptions from many Muslim countries are not recognized under Canadian immigration law. Warda has launched a Charter challenge to change this.  Hosted on Acast. See acast.com/privacy for more information.

Jamie Chai Yun Liew is a Professor at the University of Ottawa and the author of Ghost Citizens - Decolonial Apparitions of Stateless, Foreign and Wayward Figures in Law. In this episode we discuss statelessness, which is when someone does not have citizenship in any country because of the operation of law. We discuss how people can become stateless, citizenship revocation, the Federal Court of Appeal decision in Budlakoti, how lack of documentation can lead to lack of citizenship, challenging statelessness, and more. Hosted on Acast. See acast.com/privacy for more information.

Will Tao is a Canadian immigration and the founder of Heron Law Office.In January 2024 Justice Crampton, the Chief Justice of the Federal Court released a decision where he ruled that what constitutes “espionage” in Canadian immigration law must evolve “as hostile state actors increasingly make use of non-traditional methods to obtain sensitive information in Canada or abroad, contrary to Canada’s interests.”He held that it was reasonable for a visa officer to determine that a prospective Chinese PhD student, Mr. Li, was inadmissible to Canada for espionage because he may in the future be targeted and coerced by the Chinese government into providing information that would be detrimental to or contrary to Canada’s interests. There was nothing to suggest that Mr. Li has a present or future intention to provide such information to the Chinese government. Rather, the concern was future coercion or co-opting.Later that month, the Government of Canada’s announcement of a New Policy on Sensitive Technology Research

Douglas Judson is a lawyer in Ontario who practices in litigation. He can be found on Twitter @dwjudsonIn this episode, we are taking a break from immigration and discussing defamation law, which is the law around communications about a person that tends to hurt their reputation. We are focusing on one of the defenses to defamation lawsuits, which is Strategic Lawsuit Against Public Participation, or SLAPP. Many provinces, including British Columbia and Ontario (and if you have watched the Jon Oliver episodes, many jurisdictions in the United States) have anti-SLAPP laws designed to encourage public discourse about matters in the public interest. Mr. Judson recently represented the plaintiff in Rainbow Alliance Dryden et al v. Webster, 2023 ONSC 7050, where the Ontario Superior Court of Justice had to determine if using the term "groomer" to refer to members of the 2SLGBTQI and drag community attract the protection of Ontario's anti-SLAPP laws. Hosted on Acast. See acast.com/privacy for more information

Pantea Jafari is lead counsel at Jafari Law, which she opened in 2012. In this episode, we discuss IRCC's response to the crisis in Israel, the West Bank and Gaza. Details of the program that is the subject of our discussion can be found on IRCC's website at canada.ca/en/immigration-refugees-citizenship/services/israel-west-bank-gaza-2023/canada-tr-measures.html. Our discussion focuses on the temporary measures in place for Palestinians who live in Gaza, and are seeking to reunite with a Canadian citizen or permanent resident relative who lives in or intends to live in Canada. In addition, we discuss the open work permits for Israelies, comparisons between Gaza and Ukraine, consequences of Canada abiding by a possible ICJ ruling that Israel comitted genocide, antisemtism and more. Hosted on Acast. See acast.com/privacy for more information.

Robin Seligman is the founder of Seligman Law, an immigration law firm in Toronto.In this episode we discuss Canada's business immigration programs, including a history of the Immigrant Investor Program and Entrepreneur Program, the current Start-Up Visa Program, and difficulties that entrepreneurs face in coming to Canada to start businesses. Hosted on Acast. See acast.com/privacy for more information.

Michael Greene, K.C. is an immigration lawyer in Calgary. He served as the National Chair of the Canadian Bar Association’s Citizenship & Immigration Section in 2000-2001. He is representing Jaskirat Singh Sidhu in his immigration and deportation matters. We discuss the Federal Court decision in Sidhu v. Canada (Public Safety and Emergency Preparedness), 2023 FC 1681. Hosted on Acast. See acast.com/privacy for more information.

This episode is a repost of episode 56. We discuss issues involving the deportation of long term permanent residents for criminality.5:45 - What are the grounds for deporting a permanent resident for criminality?13:00 - How does the appeal process work?17:00 - What are the factors in deportation.19:00 - An overview of the history of the law involving the deportation of permanent residents.26:00 - What is the probability of success for a permanent resident in avoiding deportation once proceedings start?36:00 - Stays of removal41:00 - Strategies and tips for responding to procedural fairness letters involving removal.Michael Greene, K.C. is an immigration lawyer in Calgary. He served as the National Chair of the Canadian Bar Association’s Citizenship & Immigration Section in 2000-2001. He is representing Jaskirat Singh Sidhu in his immigration and deportation matters. Hosted on Acast. See acast.com/privacy for more information.

Tamara Mosher Kuczer is the Founder & Principal Lawyer of Lighthouse Immigration Law Professional Corporation. She can be found on Twitter @ttrrmk. Hosted on Acast. See acast.com/privacy for more information.

Deanna Okun-Nachoff, Erica Olmstead, Erin Roth, Kamaljit Kaur Lehal and Laura Best discuss compassion fatigue in the practice of refugee law and how they avoid burnout. Hosted on Acast. See acast.com/privacy for more information.

Mason v. Canada was a Supreme Court of Canada decision which assessed whether inadmissibility on security grounds for engaging in violence required a nexus to national security. Hosted on Acast. See acast.com/privacy for more information.