Canada’s Immigration and Refugee Protection Act (the “Act“) provides that an officer who believes that a foreign national or permanent resident in Canada is inadmissible to Canada (for criminality, health, overstay, working without authorization, etc.) may prepare a report alleging the inadmissibility (commonly known as an “A44 Report“). The Act further provides that once an officer prepares an… Continue Reading
Category Archives: Inadmissibility
CBSA Arresting People without a Warrant
On March 15, 2013, the Canada Border Services Agency (“CBSA“) conducted a raid on a construction site in Vancouver. Much of the media attention has focused on the fact that a reality television crew apparently followed the CBSA officers onto the premise. Many have also commented on how surprised they were that the CBSA apparently… Continue Reading
Supreme Court Clarifies Elements of Conspiracy
On March 1, 2013, the Supreme Court of Canada (the “SCC“) in R v. J.F., clarified the elements of the offence of conspiracy. The decision has immigration implications because people who have been convicted of conspiracy may be inadmissible to Canada. Section 465 of Canada’s Criminal Code criminalizes the offence of conspiracy. Conspiracy is a form of inchoate… Continue Reading
Fresh off of last week’s report on people who were declared in 2011 to be inadmissible to Canada when they arrived at the Vancouver International Airport, the following chart obtained through an Access to Information and Privacy Act request shows the source countries of people who were voluntarily allowed to leave YVR without being declared… Continue Reading
Due Process When Everything is a Crime: Court Strikes Down Human Smuggling Law
The British Columbia Supreme Court (“BCSC“) in R v. Appulonappa has struck down s. 117 of the Immigration and Refugee Protection Act (“IRPA“). Section 117 theoretically prohibited human smuggling. Its exact wording was: 117. (1) No person shall knowingly organize, induce, aid or abet the coming into Canada of one or more persons who are not in… Continue Reading
Removing “Foreigners” Who Traffic Drugs
On the same day that Washington State and Colorado voted to legalize the possession of marijuana, Jason Kenney, Canada’s Minister of Citizenship and Immigration Canada, tweeted the following: To answer your question, it depends on what you mean by foreigners. Most people probably think that when you say foreigners you mean people residing in Canada… Continue Reading
Questions About the Electronic Travel Authorization Initiative
Since my blog post on Friday I’ve received several questions about the Electronic Travel Authorization initiative revealed in the second 2012 Budget Implementation Act. The most common question was how much it will cost a person to apply to the program. The Government of Canada has not yet announced how much it will charge applicants… Continue Reading
Buddhist Priest Inadmissible For Misrepresentation
The Federal Court has affirmed the reasonableness of Citizenship and Immigration Canada’s (“CIC“) decision to declare a Buddhist priest inadmissible to Canada for misrepresentation. The consequence of being declared inadmissible to Canada is a two-year ban on entering Canada. The priest, who at the time of the decision lived in Toronto, filed an application for… Continue Reading