The Federal Court in Carran v. Canada (Public Safety and Emergency Preparedness) has certified the following question of general importance: During a stay of removal order, does subsection 68(4) of the IRPA only apply to convictions for subsection 36(1) offences committed after the beginning of the stay? The case involved a permanent resident who had several… Continue Reading
Presenting The Customs Enforcement Manual
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
Immigration Related Resolutions at the NDP Convention
In 2011 I wrote about a resolution at the Conservative Party Convention to strip the citizenship of people who take up arms against Canadian soldiers or other types of treason. Fast forward to 2013, and it seems like the government may adopt a similar policy. So with the New Democratic Party, the Official Opposition in… Continue Reading
The Cost of Detaining “Illegal Immigrants”
When the Canada Border Services Agency began dramatically increasing enforcement operations, many wondered where the Department was going to detain individuals. The provinces, especially Ontario, has indicated for many years that they do not want to be in the “detention business.” The internal document below shows that at one point the Department went so far… Continue Reading
Temporary Foreign Workers to Canada by Year and Job
The debate over temporary foreign workers is back in the news. I have received a copy of the results of an Access to Information and Privacy Act request which shows the breakdown of admittance of foreign worker by year and occupation. (I am not publishing this document on my blog, however, if you want a copy feel… Continue Reading
Which Members of Parliament are Getting the TRPs?
The media is reporting today that Citizenship and Immigration Canada (“CIC“) is unsure over whether individuals who received Temporary Resident Permits (“TRPs”) which were issued at the requests of Members of Parliament (“MPs”) ever left Canada. I have received a copy of the results of an Access to Information and Privacy Act request which shows the breakdown… Continue Reading
Duress and Inadmissibility to Canada
The Supreme Court of Canada has “clarified” the elements of the duress defence. The defence is important because it can affect admissibility. For example, in Guerra Diaz v. Canada (Citizenship and Immigration), 2013 FC 88, the Court determined that the Immigration and Refugee Board improperly applied the test of whether duress applied, and ordered a new… Continue Reading