Immigration
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July 12, 2024
Detention hearing of Inderjit Singh Reyat | Michael Crowley
I feel fortunate to be able to call John Hill, a regular contributor to Law360 Canada, a good friend. In fact, I have contributed a chapter to his most recent book, The Rest of the (True Crime) Story.
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July 11, 2024
Investing in the U.S.: What you need for a visa
There are people all over the world who are interested in investing in the United States. Fortunately, there is a visa classification, the E-2 Treaty Investor, that covers many of them.
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July 10, 2024
Court certifies class action against federal practice of holding immigration detainees in prisons
The Ontario Superior Court has certified a class action against the federal government over the use of provincial prisons to hold immigration detainees between 2016 and 2023.
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July 10, 2024
Tribunals and decision makers: Is their use of AI unfair?
The Canadian administrative state is under strain.
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July 08, 2024
Manitoba regulator running mental wellness challenge for lawyers
The new president of Manitoba’s law society is hoping an ongoing “wellness challenge” for lawyers will put them on the path to minding their mental health while at work. The Law Society of Manitoba’s (LSM) Wellness Challenge 2024, the first of its kind by the regulator, is a voluntary project where participants engage in various wellness activities over an eight-week period. The activities, grouped into two-week slots, began June 17 and will run through to Aug. 9.
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July 08, 2024
Recent immigration decision shows importance of international obligations
In Setirekli v. Canada (Public Safety and Emergency Preparedness), 2024 FC 615, the Federal Court provides guidance on the practical implications of Canada’s international obligations in an immigration decision-making context. In this article, we will take a closer look at the Federal Court’s analysis in this regard and outline some key takeaways for immigration practitioners and decision-makers.
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July 05, 2024
SCC-bound case challenges refusal to publicly disclose court records revealing civil case delays
Does the principle of judicial independence enable judicial leaders to veto, in their absolute discretion, the public release of court records that reveal the extent of civil trial delays in the courts they administer? Absent transparency about courts’ operational performance, is the judicial branch of government sufficiently accountable to the public for its role in managing the courts?
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July 05, 2024
N.S. having municipalities, villages develop racism, inequity plans
Nova Scotia is requiring its municipalities and villages to develop plans to address racism, inequity and hate.
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July 05, 2024
Legal aid certificates in Alberta will end July 9 unless new agreement is reached
Alarm bells are being raised across Alberta’s justice sector about the potential stoppage of legal aid services in the province.
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July 05, 2024
Canada’s Capital Gains Tax and the exodus to the U.S.
There may be a change coming to the way Canada taxes capital gains. While Prime Minister Justine Trudeau claims it will affect a minuscule percentage of Canadians, it has more than a minuscule percentage of Canadian taxpayers on edge. The new taxing regime is complex, with 56 pages of guidance. While some taxpayers are already subject to a capital gains tax inclusion rate (meaning the amount of capital gain that is currently included in computing a taxpayer’s income) of 50 per cent on their realized gains, the capital gains inclusion rate under the taxing regime will exceed 66 per cent on some assets in certain circumstances.