The Canada Border Services Agency is responsible for the detection and prevention of border-related offences such as smuggling, fraud, and wilful non-compliance with immigration, trade, and tax law. The CBSA Enforcement Manual, also known as the Customs Enforcement Manual, serves as the guide for CBSA officers in the execution of their enforcement related responsibilities. It has been relied… Continue Reading
Category Archives: Procedural Fairness
Understanding the Three Levels of Customs Infractions
When a person has goods (as distinguished from monetary instruments and conveyances seized at customs, the Canada Border Services Agency (“CBSA“) has established three “levels” or “degrees” of breach for the purpose of determining the penalty. These levels are described in Part 5 Chapter 2 of the Customs Enforcement Manual. Level 1 Level 1 applies to… Continue Reading
Secret Evidence Used Against Me? (On Extrinsic Evidence) [Updated]
Where immigration officers have extrinsic evidence particular to an applicant, and that applicant is unaware that the immigration officer has that evidence, then procedural fairness requires that immigration officers disclose this evidence to the applicant.… Continue Reading
Important Tip for Immigrating to Canada
One of the most complicated topics in immigration law is determining when procedural fairness will require an immigration officer who is assessing an application to seek clarification in the form of a fairness letter or interview. The breadth of procedural fairness must be adapted to the context in which it arises (Baker, SCC, 1999). When… Continue Reading
When The Same Immigration Officer Keeps Rejecting Your Case
On June 7, the Federal Court released its decision in Delos Santos v. Canada (Citizenship and Immigration), 2010 FC 614. The applicant argued that it was a breach of procedural fairness that the same officer heard determined both the applicant’s humanitarian & compassionate (“H&C“) application as well as applicant’s Pre-Removal Risk Assessment (“PRRA“). The Federal Court… Continue Reading