Immigration
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June 21, 2024
Public school boards are bound by Charter; tribunals’ Charter rulings reviewed for correctness: SCC
In an important Charter and standard of review case, the Supreme Court of Canada has ruled that labour arbitrators and other administrative tribunals “should play a primary role” in deciding Charter issues within their bailiwicks — which Charter determinations courts should review on a “correctness” rather than “reasonableness” standard — and that the Charter applies to Ontario public school boards, thereby protecting board employees’ reasonable expectations of privacy in their workplaces and shielding employees from unreasonable search or seizure by their employers.
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June 21, 2024
Feds ban foreign students from ‘flagpoling’ at border to bypass work permit wait times
The federal government has announced that foreign nationals will no longer be allowed to apply for post-graduation work permits (PGWP) at the border, according to a release by Immigration, Refugees and Citizenship Canada (IRCC).
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June 21, 2024
Canada imposes sanctions on three Haitian gang leaders
The federal government has announced sanctions targeting three Haitian gang leaders in response to continuing chaos in the Caribbean country.
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June 21, 2024
Would Trump be inadmissible to Canada? | Sergio R. Karas
On May 30, 2024, former U.S. president Donald Trump was convicted of 34 counts of falsification of business records in the first degree, a felony under New York Penal Law s. 175.10. This conviction arose from a payment made to adult film star Stormy Daniels before the 2016 election, focusing on the paperwork generated when Trump reimbursed his attorney, Michael Cohen, for the payment. Even though this conviction is under appeal and may likely be reversed, it raises questions about his potential inadmissibility to Canada.
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June 20, 2024
Ottawa lists Iran’s Islamic Revolutionary Guard Corps as a terrorist entity in Criminal Code
The Government of Canada listed the Islamic Revolutionary Guard Corps (IRGC) of Iran as a terrorist entity under the Criminal Code, effective June 19, 2024.
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June 20, 2024
Bill C-71 corrects many historic citizenship wrongs | Don Chapman
Bill C-71, An Act to Amend the Citizenship Act (2024) is the result of a Charter challenge ruling on Dec. 19, 2023, by the Ontario Superior Court of Justice, in a lawsuit against the government by several affected Canadian families (Bjorkquist et al. v. Attorney General of Canada, 2023 ONSC 7152). The successful outcome was the result of legal arguments by the plaintiff’s attorney and wrenching personal stories presented to the court, including in-depth and historically solid research. The result? The Canadian Citizenship Act is not Charter-compliant as it violates the constitution by discriminating against first-generation born-abroad Canadians and women.
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June 18, 2024
More Russians sanctioned for complicity in Putin regime’s responsibility for death of Alexei Navalny
Ottawa has sanctioned 13 additional senior officials and high-ranking employees of Russia’s investigation agency, penitentiary service and police force, who Global Affairs Canada says “were involved in the ill-treatment and death” of Alexei Navalny, the Russian opposition leader who survived the Putin regime’s attempt to fatally poison him in 2020, only to die this year in a Russian prison.
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June 18, 2024
Impact of 2024 U.S. election on immigration, part two
As we discussed in the first article in this series, immigration seems to be on everyone’s minds, as candidates campaign for U.S. votes in the November 2024 election. The person who is elected as the next president of the United States can easily impact immigration and effectuate temporary change based on their priorities.
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June 17, 2024
Impact of 2024 U.S. election on immigration, part one
It’s hard to turn on the news without hearing about the upcoming U.S. presidential election and the potential issues and concerns driving votes come November. Arguably top amongst those issues is immigration — which has been a sore spot for U.S. government policymakers for decades but never more so than over the past two electoral cycles.
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June 14, 2024
REMOVAL AND DEPORTATION — Removal from Canada — Removal order — Stay of
Application by Setirekli for judicial review of the inland enforcement officer's ("Officer") refusal of his request to defer his removal. Setirekli sought refugee protection on grounds of religion and political opinion. He joined his refugee claim with his wife. The Refugee Protection Division ("RPD") refused their claim. Subsequently, Setirekli and his wife separated and pursued their claims separately before the Refugee Appeal Division ("RAD").