Borderlines

“When and why did Canada develop the legal powers to detain and deport immigrants?” This is the question asked by Simon Wallace, a PhD Student at Osgoode Hall Law School and refugee lawyer, in his paper published in Queen’s Law Journal titled “Police Authority is Necessary”: The Canadian Origins of the Legal Powers to Detain and Deport, 1893 – 1902. The paper can be found here - https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4497377 Mr. Wallace joins us today to discuss the origins of Canadian deportation law and its initial targeting of Romanian Jewish refugees. Hosted on Acast. See acast.com/privacy for more information.

Raj Sharma is an immigration lawyer in Calgary. In Borderlines Podcast Episode 69 we discussed his case Mohammad v. Canada (Citizenship and Immigration), 2022 FC 1, in which the Federal Court quashed an Immigration Appeal Division decision, stating that the IAD did not properly give enough weight to the unique contributions that Ms. Mohammad made as a health care worker during COVID-19, and the debt that was owed to her. The IAD disagreed with the Federal Court, and Raj Sharma sought judicial review again. The case, and today's episode, provides an insight into how redetermination works, and the degree of deference that visa officers and the IAD need to show the Federal Court. Hosted on Acast. See acast.com/privacy for more information.

Laura Best is an immigration lawyer practicing in Toronto. We discuss refugee resettlement and Canada's housing crisis, as well as whether Canada's housing shortage is impacting support for immigration. Hosted on Acast. See acast.com/privacy for more information.

There has been an increase in security screening in Canadian visa applications for residents of several countries.Chen v. Canada (Citizenship and Immigration), 2023 FC 885 is the first Federal Court of Canada decision to discuss mandamus in the study permit context. Mandamus applications are actions to the Federal Court of Canada to compel IRCC to conclude the processing of a delayed application. Hosted on Acast. See acast.com/privacy for more information.

This episode is a historical deep dive on Order in Council PC 1911-1324, an Order in Council from 1911 which stated that for a period of one year black people would not be permitted to immigrate in Canada because the Canadian government deemed them unsuitable to Canada's climate. Hosted on Acast. See acast.com/privacy for more information.

Will Tao is a Canadian immigration and the founder of Heron Law Office. During this episode we discuss what got Will into immigration law, why he started his own firm, how he balances client files, advocacy and family life, whether he will take paternity leave after his second child is born, whether he thinks it is possible to take lengthy sabbaticals, his approach to practice and his general apporach to the practice of law. Hosted on Acast. See acast.com/privacy for more information.

This episode is a joint recording of Borderlines and Ask Kubeir, a popular YouTube channel about Canadian immigration news and updates, hosted by Kubeir Kamal, a regulated immigration consultant in Toronto.We discuss how obtaining Canadian permanent residence is becomming more difficult for several groups, including recent international graduates, as well as how some immigrants feel let down by the high cost of living and the inability to get their credentials recognized. Hosted on Acast. See acast.com/privacy for more information.

Jandu v. Canada (Citizenship and Immigration), 2022 FC 1787, was a decision where the Federal Court quashed several visa refusals and misrepresentation findings for truck drivers. The case raised several interesting issues, including the roles of Service Canada and IRCC in assessing genuineness, and what documentation visa officers can reasonably expect work permit applicants to provide. Rafeena Rashid and Jelena Urosevic were counsel for the refused truck drivers. 3:00The facts of Janndu11:00Conflicts when representing employers and employees. 13:00The lack of communication between Service Canada and IRCC when it comes to work permit applications. 20:00Assessing genuineness. 23:00Unreasonable documentation requests. 28:00Lessons from the case for future work permit applications. 37:00The distinction between a lack of genuineness and a finding of misrepresentation. 54:00What is the line between misrepresentation and lack of genuineness? Hosted on Acast. See acast.com/privacy for more information.

Sean Rehaag is an Associate Professor at Osgoode Hall Law School, the Director of the Centre for Refugee Studies and the Director of the Refugee Law Laboratory.Today we discuss his use of GPT to conduct legal research, artificial intelligence and decision making, differential results in Federal Court and Immigration and Refugee Board decisions, and how to identify if differential outcomes are actually a problem or significant.2:00Using GPT to conduct research. 14:00Issues with unreported decisions or decisions lacking precedential value. Do all decisions need to have precedential value given that it results in inconsistent jurisprudence? 19:00AI making decisions vs. AI helping to write decisions. 22:00Bias in decision making in LGBT claims around physical appearance. 28:00AI leading to uniformity in decision making. 38:00The receptiveness of the Federal Court to research into judicial decision making. 42:00Forum shopping as a result of judicial research. 46:00Should AI play a role in helping judges write dec

Raj Sharma is an immigration lawyer in Calgary. He can be found on Twitter at @immlawyercanadaTopics:1:30 - Addressing divergent case law15:30 - Globe and Mail story about waiving TRV eligibility requirements to clear backlogs23:00 - Chat GTP replacing lawyers and visa officers31:00 - Processing delays36:00 - Mandamus42:00 - Open work permits for spouses of Canadians56:00 - C-10 work permits and Express Entry57:00 - A world in which GCMS notes are provided instead of refusal letters1:00 - Is the practice of immigration law getting less fun? 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.5:00How would you summarize 2022 for Canadian immigration? 13:23Favorite development in Canadian immigration law25:00Least favorite development in Canadian immigration39:15Favorite Federal Court decision52:00What should people watch the most in 202356:00What might happen this year that people might not be expecting? 1:04What will happen with the Self-Employed Class and Start-Up Visa Program? 1:09Will Express Entry take under 6 months again and will there be a draw in the Parent & Grandparent Program? 1:12Predictions for citizenship and abolishing PR Cards. Hosted on Acast. See acast.com/privacy for more information.

The Secure Air Travel Act provides the Minister of Public Safety and Emergency Preparedness with authority to establish a list of individuals that the Minister has reasonable grounds to suspect could be a threat to aviation or national security or intends to travel by air for the purpose of terrorism. Sadaf Kashfi, works for Edelmann & Co. She advises clients on complex issues concerning U.S. and Canadian immigration, criminal law, and during the COVID-19 pandemic developed a successful practice representing individuals accused of quarantine act violations. Her e-mail is sadaf@edelmann.ca The second, Eric Purtzi, is Associate Counsel at Fowler & Block, a criminal defense law firm. He has appeared at the Supreme Court of Canada 7 times. He is also a past guest on Borderlines, having appeared on episode 9 to discuss the constitutionality of retrospective laws. His e-mail is epurtzki@fowlerbloklaw.caHow does the Secure Air Travel Act work?Who reviews naming on the Secure Air Travel Act?What is the thres

Prasanna Balasundaram is the Director of Downtown Legal Services. He represented the Canadian Association of Refugee Lawyers as interveners in the Supreme Court of Canada case Law Society of Saskatchewan v. Abrametz, which dealt with when delays can amount to an abuse of process.2:00 Why did CARL intervene in this case? 6:00Recalibrating abuse of process.10:00Possible remedies for abuse of process. 17:00What is an abuse of process claim?20:00What is the Blencoe test? 25:00Is a remedy under an abuse of process claim cash? 28:00How can lawyers, stakeholders, and CARL collaborate on systemic issues? 31:00Why does __ think that the Supreme Court did not address CARL’s argument about removal in the decision?39:00How does one choose test litigation cases? Hosted on Acast. See acast.com/privacy for more information.

Pantea Jafari is lead counsel at Jafari Law, which she opened in 2012. In 2022 Pantea won a successful group litigation for over 100 Iranian applicants whose applications were refused under the Self-Employed Class. Pantea successfully argued that the Canadian government unfarily changed the standards for these applicants after they had applied. We discuss the Self-Employed Class, the doctrine of legitimate expectations, breaches of procedural fairness, changing visa offices and how group litigation works. Hosted on Acast. See acast.com/privacy for more information.

Three former counsel at the Department of Justice discuss what practicing at the DOJ is like vs. private practice. Jennifer Dagsvik worked as Legal Counsel at the Department of Justice from 2007 – 2017, and now is a Lecturer at Immigration and Refugee Law at the Bora Laskin Faculty of Law in Thunder Bay, and also a Director at the Newcomer Legal Clinic there. Nalini Reddy worked as a Lawyer at the Department of Justice from 1999 to 2017. She is currently an Associate at Gindin Segal Law in Winnipeg. Rafeena Rashid worked as a Lawyer at the Department of Justice in the Immigration Division from 2010 to 2016. She is a Partner and Co-founder of Rashid Urosevic LLP, where she practices immigration law full-time.- Why they joined and eventually left DOJ- What they liked most about DOJ and what they liked less- The DOJ interview process- When a DOJ lawyer's personal opinion about a case is different from their client’s. - Things it would be helpful for private practice to know about DOJ. - Things it would be helpf

Peter Scarrow practiced Canadian immigration law from 1981 - 1991, opening the Taiwanese representative office for a prominent Vancouver law firm. We discuss what practicing high net worth immigration from Taiwan and China was like in the 1980s and early 1990s, ghost consultant fraud, tax avoidance, and being a private banker vs. immigration lawyer (Peter did both). Hosted on Acast. See acast.com/privacy for more information.

David Thomas practiced immigration law from 1987 - 2014, when he was appointed Chairperson of the Canadian Human Rights Tribunal. During his career he developed a large investor clientele from South Korea, ran to be a Member of Parliament, and started a charity that delivered vitamins to North Korea. 3:00 - The start of Dave’s career practicing immigration law both at a large firm and then starting his own firm. 6:00 - Practicing immigration law in the 1990s.13:00 - Do immigration lawyers travel less than they do now, reduced communication with IRCC and other changes in the practice. 18:00 - Things learned about the bureaucracy as the head of the Canadian Human Rights Tribunal32:00 - Running for federal office36:00 - Would David recommend immigration law? Is it becoming less fun? 44:00 - Starting a charity that delivered vitamins to North Korea. 51:00 - Comparing practicing immigration to the human rights tribunal. 1:02 - What the future holds. Hosted on Acast. See acast.com/privacy for more information.

A discussion of misrepresentation, including its application, consequences, the innocent mistake defense, failing to disclose past visa refusals, the difference between insufficient evidence and misrepresentation, and going after low hanging fruit. Hosted on Acast. See acast.com/privacy for more information.

Kyle Seeback is the Member of Parliament for Dufferin - Caledon. He is the author of Bill C-242, the Reuniting Families Act.Bill C-242 would allow a parent or grandparent who applies for a temporary resident visa as a visitor to purchase private health insurance outside Canada and to stay in Canada for a period of five years.On June 7, 2022, Immigration, Refugees and Citizenship Canada announced that it would enact these measures through public policy. The changes will come into force on July 4, 2022. Hosted on Acast. See acast.com/privacy for more information.

David Langlands is a recently retired 37-year officer of the Canada Border Services Agency. He worked at land, sea, air and even mail points of entry.We discuss his career, interacting with refugee claimants and people fleeing dire circumstances, compassion, how he once found a zip-log bag labeled Antrhax in someone's suitcase, whether all CBSA interactions with applicants should be recorded, and more. Hosted on Acast. See acast.com/privacy for more information.