Shows
Borderlines#153: The Big Reveal: Home Care Worker Immigration Pilot ProgramsDeanna discusses the new Ministerial Instructions rolling out the long awaited caregiver pilots on 31 March 2025. Hosted on Acast. See acast.com/privacy for more information.2025-03-2631 minBorderlines#150 - Capping Immigration Applications from IndiaKubeir Kamal is a regulated immigration consultant in Toronto. In October, 2024, Quebec announced that it was limiting the number of foreign nationals invited from any one country in its Regular Skilled Worker Program to 25%. In February, 2025, Marc Miller said that Canadian post-secondary institutions need to be more diverse in their recruitment, noting that there would always be applicants from India. India is by far the number one source country of immigrants to Canada. How likely is it that Canada will cap applications from India? Should they? 2025-03-0454 minBorderlines#147 - A Debate on Banning Immigration Consultants, with Former Visa Officer Martin LevineMartin Levine was a Visa Officer and Analyst at Citizenship and Immigration Canada from 1978 – 2009. He then worked as a contract employee as an ATIP Analyst for numerous federal departments. He previously appeared on Episodes #108 and #110.Towards the end of episode #110 Martin commented that he thought the immigration consultant profession shouldn't exist. Steven said that this was a huge topic and probably deserved its own episode. In this episode Martin explains why he believes that Canada should abolish the immigration consultant profession. Steven and Deanna disagree. Numerous arguments and counter arguments are discussed. 2025-02-111h 23Borderlines#145 - Minister Miller Blackmails the Provinces on Immigration Levels, plus IRCC Refusals of Provincial NomineesThis episode answers a listener topic request about an increase in IRCC refusals of provincial nominees. As well, Steven offers his unimpressed thoughts on Marc Miller's recent statement in response to complaints about huge decreases in provincial nominee quotas that “Provinces and Territories that are willing to work in a responsible manner with Canada, including playing a role in taking on asylum seekers, will have an opportunity to regain coveted Provincial Nominee spots.” Hosted on Acast. See acast.com/privacy for more information.2025-01-3028 minBorderlines#141 - A New Problem with Visitor Records and Leaving CanadaOn this episode, Steve and Deanna discuss the effect of cross-border travel on the validity of a visitor record. The question is: do they become invalidated by travel outside Canada? The topic was raised by Tamara Mosher Kuczer in episode 140, in which she reported an uptick in visitor record extension refusals due to prior invalidation of the original visitor record. After that episode several listeners asked us to expand on the topic.The scenario, and what is occuring, is this. A family enters Canada, with the parents receiving three-year work...2025-01-0824 minBorderlines#139 - Practice Tips and Resolutions for 2025Deanna and Steve discuss some practice tips and resolutions for 2025, including going back to a world of online applications with the end of flagpoling, focusing on practice areas that one likes, using artifical intelligence, client interactions and getting out of one's shell and embracing the broader community. Hosted on Acast. See acast.com/privacy for more information.2024-12-2421 minBorderlines#135 - Baffling Immigration Rules and CILA's Statement on ConsultantsDeanna and Steven discuss the most baffling rules and programs in Canada's immigration system. We also answer multiple requests to comment on the Canadian Immigration Lawyers Association recent statement that immigration consultants should be restricted to working for lawyers. Hosted on Acast. See acast.com/privacy for more information.2024-11-2749 minBorderlines#134 - Standing Committee Report on Temporary Foreign WorkersOn this episode, Steven and deanna discuss the recommendations section of the recent report from the Standing Committee on Citizenship and Immigration regarding "closed work permits and temporary foreign workers" (full report here). Our discussion also touches on the recently announced "Gender-based violence guiding principles and commitments" released by the Canada Border Services Agency. The conversation focuses on the tension between these broad government directives -- which respond (in part) to negative comments made by the United Nations Human Rights Council in their rather damning report on Canada's temporary foreign worker program, and actual immigration policy...2024-11-2244 minBorderlines#128 - An Interview with Jason Kenney, Minister of Citizenship and Immigration from 2008-2012Jason Kenney was Canada's Minister of Citizenship and Immigration from 2008-2013. 1:30 – The story behind Jason Kenney showing up unannounced at a CBA Immigration Law conference.4:30 – The difficulties of being an immigration minister and Minister Kenney’s relationship with the bureaucracy and Deanna’s thoughts on Jason Kenney’s tenure. 9:30 – Marc Miller’s attempts to introduce a program to regularize the status of undocumented workers, and his public statements that he was overruled by Cabinet. 16:20 – Prime Minister Harper’s teenager looking for work and the overnight imposition of the 2014 moratorium...2024-10-091h 04Borderlines#121 - Top Federal Court Immigration CasesDeanna and Steven discuss what we consider to be some top Federal Court immigration decisions to this point in 2024.Cases include Toor v. Canada, 2024 FC 1146 (restoration), Chung v. Canada, 2024 FC 1218 (misrepresentation when a degree is obtained through plagerism), Abdool v. Canada, 2024 FC 1172 (misrepresentation and involuntary cancellations of US entry attempts), and Alohan v. Canada, 2024 FC 1122 (reconsideration requests). Hosted on Acast. See acast.com/privacy for more information.2024-08-2355 minBorderlines#119 - Canada's Caregiver ProgramsDeanna and Steven discuss Canada's caregiver programs, including the Live-in Caregiver Program (1992 to 2014), the Caring for Children and Caring for People with High Medical Needs pilots (2014 to 2019), the Interim Pathway for Caregivers (4 March 4 to 8 July 2019), the Home Child Care Provider and Home Support Worker pilots (starting 18 June 2019 - 18 June 2024), and the new proposed program.Topics include whether Canada needs caregiver programs, open work permits, permanent residence right away, caregivers leaving the occupation after getting permanent residence, processing delays and more. Hosted on Acast. See acast.com/privacy for more information.2024-08-0641 minBorderlines#107 - Trauma-Informed Lawyering, Part 2 with Dr. Deborrah Dunne (see also Episode #105)This is the second instalment (Part 1 is Episode #105 in this mini-series on Trauma-Informed Lawyering. In this segment, Deanna's own clinical counsellor, Dr. Deborrah Dunne discusses in more depth:a) vicarious trauma and compassion fatigue;b) the importance of self-care in running a trauma-informed practice;b) strategies for identifying trauma (in yourself and your clients);c) tools on how to "get present," and ideas for how to help your client get there tooThank you again, Deborrah for all of your precious time! Hosted on Acast...2024-04-271h 09Borderlines#101 - Cancelling Mexican eTAs, Pepa and Anti-SemitismDeanna and Steven discuss the partial visa reimposition on Mexican nationals, the cancellation of Mexican eTAs, IRCC procedures for cancelling visas in general and the Supreme Court granting leave in Pepa. We also answer a listener question, which is whether Canadian visa officials should screen prospective immigrants for antisemitism. Hosted on Acast. See acast.com/privacy for more information.2024-03-2245 minBorderlines[Repost] #35 - The Implications of the Supreme Court of Canada Decision in VavilovThis episode is a repost of episode 35, which has been our most listened to podcast episode to date. It was recorded on 27 January 2020.Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 was a landmark 2019 Supreme Court of Canada decision in which the Supreme Court of Canada outlined a new framework for the standard of review in Canadian administrative law.The episode begins with a discussion between Steven and Robert Denay about how the standard of review works. Deanna and Steven then discuss how Vavilov could impact immigration law and practice....2024-03-1253 minBorderlines#90 - Compassion Fatigue and Burnout while Practicing Immigration and Refugee LawDeanna Okun-Nachoff, Erica Olmstead, Erin Roth, Kamaljit Kaur Lehal and Laura Best discuss compassion fatigue in the practice of refugee law and how they avoid burnout. Hosted on Acast. See acast.com/privacy for more information.2023-11-241h 03Borderlines#87 - Visa Officers and the IAD Ignoring or Disagreeing with Federal Court, with Raj SharmaRaj Sharma is an immigration lawyer in Calgary. In Borderlines Podcast Episode 69 we discussed his case Mohammad v. Canada (Citizenship and Immigration), 2022 FC 1, in which the Federal Court quashed an Immigration Appeal Division decision, stating that the IAD did not properly give enough weight to the unique contributions that Ms. Mohammad made as a health care worker during COVID-19, and the debt that was owed to her. The IAD disagreed with the Federal Court, and Raj Sharma sought judicial review again. The case, and today's episode, provides an insight into how redetermination works, and the degree of deference that visa...2023-08-2953 minBorderlines#86 - Refugee Resettlement and the Housing Crisis, with Laura BestLaura Best is an immigration lawyer practicing in Toronto. We discuss refugee resettlement and Canada's housing crisis, as well as whether Canada's housing shortage is impacting support for immigration. Hosted on Acast. See acast.com/privacy for more information.2023-08-211h 05Borderlines#85 - Security Delays, Study Permits and Mandamus, with Lev AbramovichThere has been an increase in security screening in Canadian visa applications for residents of several countries.Chen v. Canada (Citizenship and Immigration), 2023 FC 885 is the first Federal Court of Canada decision to discuss mandamus in the study permit context. Mandamus applications are actions to the Federal Court of Canada to compel IRCC to conclude the processing of a delayed application. Hosted on Acast. See acast.com/privacy for more information.2023-08-091h 10BorderlinesHistory Episode 1 - Banning Black People Because Canada is Cold, Order in Council PC 1911-1324This episode is a historical deep dive on Order in Council PC 1911-1324, an Order in Council from 1911 which stated that for a period of one year black people would not be permitted to immigrate in Canada because the Canadian government deemed them unsuitable to Canada's climate. Hosted on Acast. See acast.com/privacy for more information.2023-06-291h 51Borderlines#84 - Thoughts on Starting and Immigration Law Firm, with Will TaoWill Tao is a Canadian immigration and the founder of Heron Law Office. During this episode we discuss what got Will into immigration law, why he started his own firm, how he balances client files, advocacy and family life, whether he will take paternity leave after his second child is born, whether he thinks it is possible to take lengthy sabbaticals, his approach to practice and his general apporach to the practice of law. Hosted on Acast. See acast.com/privacy for more information.2023-06-061h 03Borderlines#83 - Is the Canadian Immigration Dream Fading, with Kubeir KamalThis episode is a joint recording of Borderlines and Ask Kubeir, a popular YouTube channel about Canadian immigration news and updates, hosted by Kubeir Kamal, a regulated immigration consultant in Toronto.We discuss how obtaining Canadian permanent residence is becomming more difficult for several groups, including recent international graduates, as well as how some immigrants feel let down by the high cost of living and the inability to get their credentials recognized. Hosted on Acast. See acast.com/privacy for more information.2023-05-231h 03Borderlines#82 - Jandu v. Canada, the top work permit Federal Court case of 2022Jandu v. Canada (Citizenship and Immigration), 2022 FC 1787, was a decision where the Federal Court quashed several visa refusals and misrepresentation findings for truck drivers. The case raised several interesting issues, including the roles of Service Canada and IRCC in assessing genuineness, and what documentation visa officers can reasonably expect work permit applicants to provide. Rafeena Rashid and Jelena Urosevic were counsel for the refused truck drivers. 3:00The facts of Janndu11:00Conflicts when representing employers and employees. 13:00The lack of communication between Service Canada and IRCC when it comes to work permit applications. 20:00Assessing genuineness. 23:00Unreasonable documentation requests. 28:00Lessons from the...2023-05-051h 17Borderlines#81 - Artificial Intelligence and Differential Decision Outcome Concerns, with Sean RehaagSean Rehaag is an Associate Professor at Osgoode Hall Law School, the Director of the Centre for Refugee Studies and the Director of the Refugee Law Laboratory.Today we discuss his use of GPT to conduct legal research, artificial intelligence and decision making, differential results in Federal Court and Immigration and Refugee Board decisions, and how to identify if differential outcomes are actually a problem or significant.2:00Using GPT to conduct research. 14:00Issues with unreported decisions or decisions lacking precedential value. Do all decisions need to have precedential value given that it results in inconsistent jurisprudence? 19:00AI making decisions vs...2023-03-141h 24Borderlines#80 - AMA with Raj Sharma on Processing Delays, Mandamus and Bulk Approvals to Clear BacklogsRaj Sharma is an immigration lawyer in Calgary. He can be found on Twitter at @immlawyercanadaTopics:1:30 - Addressing divergent case law15:30 - Globe and Mail story about waiving TRV eligibility requirements to clear backlogs23:00 - Chat GTP replacing lawyers and visa officers31:00 - Processing delays36:00 - Mandamus42:00 - Open work permits for spouses of Canadians56:00 - C-10 work permits and Express Entry57:00 - A world in which GCMS notes are provided instead of refusal letters1:00 - Is the practice of immigration law getting less fun? Hosted on Acast. See acast.com/privacy for more information.2023-01-241h 16Borderlines#75 - Working at DOJ vs. Private Practice, with Jennifer Dagsvik, Nalini Reddy, and Rafeena RashidThree former counsel at the Department of Justice discuss what practicing at the DOJ is like vs. private practice. Jennifer Dagsvik worked as Legal Counsel at the Department of Justice from 2007 – 2017, and now is a Lecturer at Immigration and Refugee Law at the Bora Laskin Faculty of Law in Thunder Bay, and also a Director at the Newcomer Legal Clinic there. Nalini Reddy worked as a Lawyer at the Department of Justice from 1999 to 2017. She is currently an Associate at Gindin Segal Law in Winnipeg. Rafeena Rashid worked as a Lawyer at the Department of Justice in the Immigration Division fr...2022-08-241h 38Borderlines#74 - Practicing High Net Worth Asian Immigration to Canada in the 1980s, with Peter ScarrowPeter Scarrow practiced Canadian immigration law from 1981 - 1991, opening the Taiwanese representative office for a prominent Vancouver law firm. We discuss what practicing high net worth immigration from Taiwan and China was like in the 1980s and early 1990s, ghost consultant fraud, tax avoidance, and being a private banker vs. immigration lawyer (Peter did both). Hosted on Acast. See acast.com/privacy for more information.2022-08-081h 39Borderlines#73 - From an Investor Immigrant Practice to Canadian Human Rights Tribunal Chair, with David ThomasDavid Thomas practiced immigration law from 1987 - 2014, when he was appointed Chairperson of the Canadian Human Rights Tribunal. During his career he developed a large investor clientele from South Korea, ran to be a Member of Parliament, and started a charity that delivered vitamins to North Korea. 3:00 - The start of Dave’s career practicing immigration law both at a large firm and then starting his own firm. 6:00 - Practicing immigration law in the 1990s.13:00 - Do immigration lawyers travel less than they do now, reduced communication with IRCC and other changes in the practice. 18:00 - Things learned about the bu...2022-07-151h 06Borderlines#72 - MisrepresentationA discussion of misrepresentation, including its application, consequences, the innocent mistake defense, failing to disclose past visa refusals, the difference between insufficient evidence and misrepresentation, and going after low hanging fruit. Hosted on Acast. See acast.com/privacy for more information.2022-06-301h 00Borderlines#71 - Extending Supervisas to Five Years, with Kyle Seeback, MPKyle Seeback is the Member of Parliament for Dufferin - Caledon. He is the author of Bill C-242, the Reuniting Families Act.Bill C-242 would allow a parent or grandparent who applies for a temporary resident visa as a visitor to purchase private health insurance outside Canada and to stay in Canada for a period of five years.On June 7, 2022, Immigration, Refugees and Citizenship Canada announced that it would enact these measures through public policy. The changes will come into force on July 4, 2022. Hosted on Acast. See acast.com/privacy for more information.2022-06-1737 minBorderlines#70 - The Importance of Compassion, with David Langlands, a 37-year Officer at CBSADavid Langlands is a recently retired 37-year officer of the Canada Border Services Agency. He worked at land, sea, air and even mail points of entry.We discuss his career, interacting with refugee claimants and people fleeing dire circumstances, compassion, how he once found a zip-log bag labeled Antrhax in someone's suitcase, whether all CBSA interactions with applicants should be recorded, and more. Hosted on Acast. See acast.com/privacy for more information.2022-04-131h 15Borderlines#69 - COVID-19 as an H&C Factor, Mandamus and FSW vs. CEC Priorities, with Raj SharmaA discussion about the Federal Court of Canada decision in Mohammad v. Canada (Citizenship and Immigration), 2022 FC 1, how being a COVID-19 front-line worker is considered in the H&C context, mandamus, tips for litigators, and how to prioritize FSW applications vs. CECRaj Sharma is a Partner at Stewart Sharma Harsanyi in Calgary. Hosted on Acast. See acast.com/privacy for more information.2022-02-1657 minBorderlines#68 - The Economic Pros and Cons of Canadian Immigration, with Mikal SkuterudMikal Skuterud is a professor of economics at the University of Waterloo.The paper on TR-to-PR transition rates can be found here: https://www150.statcan.gc.ca/n1/en/catalogue/36280001202200100002. The paper on outmigration can be found here: https://www150.statcan.gc.ca/n1/pub/11f0019m/11f0019m2012340-eng.htm3:00 - Does Canada economically need high immigration levels because of low-birth rights? 6:00 Is it short sighted from an economic perspective to focus on labour market needs and the wishes of people to have their parents live with them? 9:00 Is there a way to measure whether economic immigrants are increasing...2022-02-041h 25
Borderlines#68 - The Economic Pros and Cons of Current Canadian Immigration Law, with Mikal SkuterudMikal Skuterud is a Professor at the University of Waterloo.
The paper on TR-PR transition rates referenced in the episode can be found here - https://www150.statcan.gc.ca/n1/en/catalogue/36280001202200100002
The paper on outmigration can be found here - https://www150.statcan.gc.ca/n1/pub/11f0019m/11f0019m2012340-eng.htm
0:00 Does Canada economically need high immigration levels because of low-birth rights?
3:00 Is it short sighted from an economic perspective to focus on labour market needs and the wishes of people to have their parents live with them?
9:00 Is there a way to measure whether economic...2022-02-041h 25Borderlines#67 - Is IRCC Systemically Biased Against People from Africa, with Gideon ChristianA discussion about Canada's low approval rates for study permit, work permit and temporary resident visa applications for people from Africa. Professor Christian can be found at @ProfXtian on Twitter. The IRCC Anti-Racism Employee Focus Groups Final Report referenced in this episode can be found here - https://epe.lac-bac.gc.ca/100/200/301/pwgsc-tpsgc/por-ef/immigration_refugees/2021/122-20-e/POR_122-20-Final_Report_EN.pdf Hosted on Acast. See acast.com/privacy for more information.2022-01-211h 23Borderlines#66 - R v. Khill and the Law of Self Defense in Canada, with Sarah RunyonA discussion of the law of self defense in Canada, including the 2021 Supreme Court of Canada in R. v. Khill. We also make comparisons to the Kyle Rittenhouse case in the United States and talk about Canadian immigration implications involving the law of self defense in criminal matters. Hosted on Acast. See acast.com/privacy for more information.2022-01-0542 minBorderlines#65 - AMA - Processing Delays, IRCC Transparency, AI, Family Class Issues and MoreWe took to Twitter to get listener questions for our first Ask Me Anything episode. 1) Will a gay refugee be deported if her sexuality changes? 2) Does Deanna have any insight or information into what is going on with caregiver applications? 3)Why are local visa offices not processing already approved express entry applications?4)How do you think realistically IRCC should change their workflow and file processing?5)Do we need to mention previous visa rejections in spousal sponsorship applications?6)Why can spouses from visa exempt countries easily reunited with their loves ones in Canada while those who need visas cannot?7)Why is...2021-12-161h 12Borderlines#64 - Artificial Intelligence Deciding Visa Applications, Part 2, with Aditya MohanAditya Mohan is the founder of Robometrics, a company at the forefront of the intersection of artificial intelligence and human emotions like empahty. We discuss the increasing use of artificial intelligence in Canadian immigration legislation, its benefits, and ways to increase transparency and oversight. 3:00 - What is artificial intelligence? 8:00 - What are deep learning systems? 14:00 - How does the use of artificial intelligence intersect with the rule of law? 21:00 - How do machines learn? 24:00 - Benefits of machine learning and immigration. 27:00 - Ways to improve transparency. 41:00 - Artificial intelligence providing reasons for refusals. Hosted on Acast. See acast.com...2021-11-241h 26Borderlines#63 - Artificial Intelligence Deciding Visa Applications, with Mario BellissimoA discussion about the increasing use of artificial intelligence to decide immigration applications. Mario Bellissimo is a Canadian immigration lawyer in Toronto, and the former past Chair of the Canadian Bar Association's National Immigration Law Section. 4:00How imprecise wording in the forms can result in misrepresentation findings where immigration becomes a game of gotcha. 10:30How the laws of procedural fairness and discretion will need to be re-written as a result of the implementation of artificial intelligence and predicative learning in immigration systems. 13:30How using AI to triage applications is itself a form of automated decision making and why is there...2021-10-221h 21Borderlines#62 - Tips from a Former CBSA Inland Enforcement Officer, with Carl BraultCarl Brault worked for almost twenty years at the Canada Border Services Agency. His roles included Border Services Officer, Intelligence Analyst and Inland Enforcement Officer. He currently provides consultation services to authorized immigration representatives and can be reached at cb-advisingservices@outlook.com.3:00Working as a summer student as a Border Services Officer. 6:30September 11, 2011 9:50What kind of training does a CBSA officer receive before they start working at the border? 18:10Working as a CBSA Intelligence Analyst 21:30Working as an Inland Enforcement Officer 25:00Is CBSA understaffed or overstaffed? 28:30Level of autonomy officers have in deferral requests. 38:30What should lawyers or individuals do...2021-10-051h 30Borderlines#61 - What Constitutes Sexual Assault in Canada, with Sarah RunyonSarah Runyon is a criminal defense lawyer on Vancouver Island. 3:00What is sexual assault? 5:30Is all sex between an employer and employee deemed to be non consensual? 6:00Why was sexual assault separated from general assault? Is rape a distinct offence from sexual assault? Are there degrees of sexual assault?7:30If someone is at a nightclub and they start dancing with another person without their consent does that fit the definition of sexual assault? 15:00Evidentiary issues.16:30Often the criminal defense bar wants judges to have a wide discretion in terms of what they can consider. Is this the same in the...2021-09-241h 15Borderlines#60 - Where Canada's Political Parties Stand on Immigration in 2021, with Chantal DeslogesA discussion of the 2021 immigration platforms of the Liberals, Conservatives, New Democrats, Greens, Bloc Quebecois and the People's Party of Canada. She can be found on Twitter @Twimmigration.Chantal Desloges is the Founder and Senior Partner of Desloges Law Group. Hosted on Acast. See acast.com/privacy for more information.2021-09-091h 51Borderlines#59 - Authorization to Work Without a Work Permit, with Cristina GuidaCristina Guida is a senior associate lawyer with Green and Spiegel LLP in Toronto. She can be found on Twitter @crisguida_gands. We discuss authorization to work in Canada without a work permit, including business visitors, students, perfroming artists, maintained status, the global skills strategy and other categories. We also discuss what Canada's immigration department continues to be "work." Hosted on Acast. See acast.com/privacy for more information.2021-08-301h 10Borderlines#58 - Myths About Canadian Immigration Law, with Marina SedaiMarina Sedai is an immigration lawyer and the past National Chair of the Canadian Bar Association Immigration Section, a role that she served in from 2018 – 2019, and is also a past provincial char of the CBABC Immigration Law Section. She can be found on Twitter @MarinaSedai. We discuss various myths about Canadian immigration law, including:* Refugees get more financial help than pensioners. & Foreign nationals immigrate and then bring their whole extended family over. *If including your spouse or common-law partner on your permanent resident application is inconvenient or unhelpful to your immigration process then you can exclude them and later sponsor th...2021-08-121h 24Borderlines#57 - Mandamus Applications, with Adrienne SmithWe discuss how mandamus applications work. Adrienne Smith is a Partner at Battista Smith Migration Law Group.2:00Does filing mandamus applications annoy Immigration, Refugees and Citizenship Canada? 5:30Has there been a change in the frequency with which mandamus applications are considered? 13:30During COVID-19 is there a difference in filing a mandamus application between online and paper applications? 18:00What is a mandamus application? 26:00What is the legal test for a mandamus application? 49:00During COVID-19 when a visa office is largely closed would you still file a mandamus demand letter?55:00Missed opportunities during COVID-19. Hosted on Acast. See acast.com/privacy...2021-07-051h 15Borderlines#56 - Responding to Deportation Letters, with Michael GreeneWe discuss issues involving the deportation of long term permanent residents for criminality. 5:45 - What are the grounds for deporting a permanent resident for criminality? 13:00 - How does the appeal process work? 17:00 - What are the factors in deportation.19:00 - An overview of the history of the law involving the deportation of permanent residents. 26:00 - What is the probability of success for a permanent resident in avoiding deportation once proceedings start? 36:00 - Stays of removal41:00 - Strategies and tips for responding to procedural fairness letters involving removal. Michael Greene, Q.C. is an immigration lawyer in Calgary. He served as...2021-06-161h 05Borderlines#55 - Risk Salience and Unconscious Bias in Decision Making, with Hilary Evans CameronHilary Evans Cameron is an Assistant Professor at Ryerson Law. Prior to become a faculty member, Hilary represented refugee claimants for a decade. She is the author of Refugee Law’s Fact-finding Crisis: Truth, Risk, and the Wrong Mistake. Her paper on risk salience in refugee decisions that we discuss can be found here. She is also the creator of www.meetgary.ca, a website which provides guidance to both decision makers and asylum claimants on the implicit biases and thought processes that can influence decision makers. She provides training to the Immigration and Refugee Board on this topic. 3:00The tw...2021-05-271h 33Borderlines#54 - Building the Law Career that You Want, with Dennis McCreaDennis McCrea was the founder of McCrea Immigration Law. He started practicing immigration law in 1974, and was one of the original members of Vancouver's immigration bar. In this episode we discuss how to build an immigration practice, how the practice of immigration law has evolved, avoiding burnout and more.3:00How lawyers use to interact with visa officers. 6:00The formation of the immigration bar. 11:30Thoughts on whether it is possible to have both a corporate immigration practice and a refugee or enforcement practice.15:30Did the practice of immigration law become more or less fun over time? 18:00What kept Dennis motivated when...2021-04-291h 33Borderlines#53 - Thoughts on Starting a Career in Immigration Law, with Joshua SohnJoshua Sohn practiced immigration law for over 25 years. He is a past president of the Canadian Bar Association’s Immigration section. He worked both as a sole practicioner, at a small firm and at a big 4 accounting firm. We discuss Joshua’s career, what made him go to law school, whether he took immigration courses in law school, how he started in refugee law, differences between working as a solo practicioner, small firm and eventually at a big 4 accounting firm, and then back to a small firm, differences working in a downtown core vs suburb, and managing the stress of prac...2021-04-141h 06Borderlines#52 - Ranking Economic Immigrants and Listener Q&A, with Professor Asha KaushalA discussion of the philosophy behind economic immigration, how Canada ranks economic immigrants, Ministerial Instructions and listener Q&A. Ashal Kaushal is an Assistant Professor at the University of British Columbia's Allard School of Law, where she teaches, amongst other courses, Immigration Law.6:00An introduction to Canada’s points system, how Express Entry changed it and Ministerial Instructions. 14:30The three models of economic immigration. The Human Capital Model, the Demand-Driven Model and the Neo-Corporatist Model22:00How the same job offer can be worth different points depending on the immigration program.28:30Is it possible to qualify the value of a prospective ec...2021-03-311h 32Borderlines#51 - Inadmissibility to Canada for Committing a Criminal Offence, with Sania ChaudhryA discussion of when someone can be inadmissible to Canada for having committed a crime which doesn’t lead to a conviction. Cases referenced are Garcia v. Canada (Citizenship and Immigration), 2021 FC 141 and Dlieow v. Canada (Citizenship and Immigration), 2020 FC 59Sania (Ahmed) Chaudhry was counsel in Garcia. She is currently Legal Counsel (Professional Conduct Proceedings) at Real Estate Council of Alberta.2:00Introduction and an overview of Garcia v. Canada. 15:00The purpose of Canada’s inadmissibility provisions. 17:10What is the standard of proof for determining that someone committed a crime where there is no conviciton? 19:45A review of Enforcement Manual 230:30Determining equi...2021-03-181h 03Borderlines#50 - Membership in a Terrorist Organization and Immigration, with Hart KaminkerA discussion of s. 34(1)(f) of Canada's Immigration and Refugee Protection Act, which provides that a foreign national or permanent resident is inadmissible for being the member of an organization that has committed terrorism. Topics include how terrorism, organization and membership are defined, the Proud Boys, QAnon and the Bangladesh Nationalist Party. 5:45What is terrorism under Canadian immigration legislation? 9:45What is an organization? 15:30What does it mean to be a “member?” 19:00The Bangladesh Nationalist Party29:00Would Nelson Mandela be encompassed? 30:45Should only organizations that are officially designated by the government render someone inadmissible?39:39The Ministerial relief process. 47:35Jose Figuerora 53:45Could some...2021-03-031h 17Borderlines#49 - The Supreme Court of Canada decision in Chieu and the Ribic FactorsChieu v. Canada (Minister of Citizenship and Immigration), 2002 SCC 3 was a landmark Supreme Court of Canada which affirmed the use of the Ribic factors in the H&C assessment. We discuss these factors and how they are used in immigration appeals.1:00How the assessment of Humanitarian & Compassionate considerations has become somewhat nebulus. 4:00A case study of Chieu v. Canada 10:00What is an example of a negative country condition in someone’s country of citizenship? 13:00The decision and principles in Chieu. 15:00The Federal Court of Canada in Zhang v. Canada (Citizenship and Immigration), 2020 FC 927, which seems to limit Chieu. 16:00The Ribic fa...2021-02-1753 minBorderlines#48 - Responding to Procedural Fairness Letters, with Raj SharmaA discussion about responding to procedural fairness letters with digressions on possible bias against people from Punjab, unreasonable documentation requests, tunnel vision amongst visa officers, how if an officer goes out looking for misrepresentation in an application they will probably find it, aggressively banning people from Canada as a deterrance policy, IRCC misleading Parliament about whether it bounces applications for incompleteness and more.Raj Sharma is a Partner at Stewart Sharma Harsanyi in Calgary. He can be found on Twitter @immlawyercanada2:30 When does IRCC have to send a procedural fairness letter vs. being able to refuse an application without one?15:00...2021-02-041h 18Borderlines#47 - Universal Basic Income and Canadian ImmigrationThis episode is about the concept of a universal basic income and how it would work in Canada. We are joined by Sheila Regehr and Sameer Nurmohamed of Basic Income Canada Network. We discuss which type of immigrants (permanent residents, workers, students, asylum claimants, people without status) etc. would be eligible, whether a basic income would impact other public funding for services like legal aid, whether it would cause inflation, and more.5:30 What are different models of universal basic income? 9:00How is the amount of basic income calculated? 10:45What was the Ontario pilot project?12:45In practice is there a difference...2021-01-201h 07Borderlines#46 - An Interview with Sergio Marchi, Canada's Immigration Minister from 1993-1995Sergio Marchi was Canada’s Minister of Citizenship and Immigration from 1993-1995. 3:00 – Does someone keep the Minister title their whole life? 4:50 – What was the political consensus regarding Canadian immigration at the end of the 1980s? How did the Reform Party impact things? 8:00 – The mix of immigrants between economic, family and humanitarian immigrants. 11:15 – What dictates whether IRCC meets its level targets? 14:30 – The Brian Mulroney government was considering moving immigration under Public Safety. Under Sergio Marchi it instead became it’s on Ministry. What prompted this? 17:30 – Canadian attitudes to refugee resettlements and misconceptions. 20:45 – Sources of resistance to refugee resettlement. Resettled refugees vs asylum seekers. 23...2021-01-0457 minBorderlines#45 - Spousal Sponsorship Delays and Refusals, with Chantal Dube and Syed Farhan AliSyed Farhan Ali shares his Canadian immigration story. During the time that his spousal sponsorship application was in process he was denied temporary entry to Canada, missed the birth of his first child and missed her first steps. He recently arrived in Canada after a three year application process. Chantal Dube is a Spokesperson for Spousal Sponsorship Advocates, a group with more than 5,000 members in Canada that argues for reforms to the family reunification process.3:15Said tells the story of his spousal sponsorship application. His application took 34 months to process. During the processing of his application Canada denied his visitor...2020-12-141h 15Borderlines#44 - An Interview with Chris Alexander, Canada's Immigration Minister from 2013-2015The Honourable Chris Alexander served as Canada's Minister of Citizenship and Immigration Canada from July 2013 to November 2015. He represented the riding of Ajax—Pickering in the House of Commons of Canada from 2011 to 2015. Prior to that spent 18 years in the Canadian Foreign Service, serving as Canada's first resident Ambassador to Afghnistan from 2003 - 2005. Subsequent to being an Member of Parliament he ran for the leadership of the Conservative Party of Canada.As Minister of Citizenship and Immigration Canada, Mr. Alexander presided over the launch of Express Entry, the termination of the Immigrant Investor Program and the introduction of the Barbaric Cu...2020-11-301h 32Borderlines#43 - An Interview with John McCallum, Canada's Immigration Minister from 2015-2017The Honourable John McCallum served as Canada's Minister of Immigration, Refugees and Citizenship Canada from November 2015 to January 2017. A Member of Parliament from 2000 - 2017, he also served as Defence Minister under Jean Chrétien, and Veterans Affairs Minister, National Revenue Minister, Natural Resources Minister and as Chair of the Expenditure Review Committee under Paul Martin. As Minister of Immigration, Refugees and Citizenship in Justin Trudeau’s cabinet, Mr. McCallum led Canada's effort to welcome 25,000 Syrian refugees over a period of three months. He also increased the age of dependency from 18-22, repealed conditional permanent residency and reduced family class processing tim...2020-11-171h 06Borderlines#42 - Section 15 of the Charter and Canadian Immigration, with Aidan CampbellSection 15 of Canada's Charter of Rights and Freedoms provides that every individual is equal before and under the law and has the right to the equal protection and benefit of the law without discrimination. Aidan Campbell joins to discuss the application of s. 15 of the Charter to Canadian immigration law and the implications recent Supreme Court of Canada decision in Fraser v. Canada. Aidan Campbell is an Associate at Mahon & Company, a progressive firm which practices in Criminal Law, Immigration and Refugee Law, Public Interest & Constitutional Litigation, Sex Worker Rights, Prisoners’ Rights, Professional Discipline. Extradition Law and Tenants' Rights Ho...2020-11-021h 07Borderlines#41 - Judges Virtue Signalling Inside and Outside of Court, with Andrew HayesIn R v. Kattenburg Justice Stratas of the Federal Court of Appeal cautioned judges against giving "virtue signalling and populism a go." This prompted a largely philosophical discussion about the role of judges, a Toronto judge who wore a Make America Great Again hat in court, a Quebec judge who proclaimed herself a feminist before making statements about Quebec's ban on religious attire, Ruth Bader Ginsburg criticizing President Trump, and defining what virtue signaling even is. Andrew Hayes is a US immigration lawyer who practices out of Vancouver. Hosted on Acast. See acast.com/privacy for more information.2020-10-2651 minBorderlines#40 - Family Law Concepts That Immigrants and their Sponsors Should Understand, with Ari WormelliIn this episode we provide an overview of family law issues that immigrants and their Canadian sponsors should be aware of, inlcuding the recognition of foreign marriages, how divorce works, threatening to have an ex-spouse deported and the difference between common-law and marriage and getting a marriage anulled.Ari Wormelli practices family law with YLAW Group. Hosted on Acast. See acast.com/privacy for more information.2020-10-051h 02Borderlines#39 - Immigration Detention Hearings after Brown v. Canada, with Aris DaghighianAris Daghighian is a senior associate with Green and Spiegel LLP in Toronto. He represented the Canadian Association of Refugee Lawyers as intervenors in Brown v. Canada, 2020 FCA 130. In this episode we discuss the issues raised in the case, including how immigration detention works in Canada, what the disclosure obligations should be on the government in an immigration detention proceeding and whether there should be a maximum time that someone can be held in immigration detention. Hosted on Acast. See acast.com/privacy for more information.2020-08-251h 16Borderlines#38 - R v. Zora - The Supreme Court of Canada Addresses Breach of Bail Conditions, with Sarah RunyonR v. Zora is a 2020 Supreme Court of Canada decision involving the criminal offence of breaching bail conditions. It is relevant in the Canadian immigration context as individuals who are convicted of this crime in Canada, or who are convicted of or commit an equivalent offence abroad, are inadmissible to the country. Steven and Deanna are joined by Sarah Runyon, who was counsel for Mr. Zora at the Supreme Court. We discuss how bail works in Canada, the offence of breach of bail conditions, and the implications of the Supreme Court decision. Hosted on Acast. See acast.com/privacy...2020-07-271h 13Borderlines#37 - The Closure of the Canada - US Border and the Supreme Court's DACA Decision, with Andrew HayesAndrew, Deanna and Steven discuss the closure of the Canada - US border during COVID-19 and how the agreement has been implemented in the two policies, recent Executive Orders regarding immigration, and the United States Supreme Court decision in Department of Homeland Security et al v. Regents of the University of California et al.Andrew Hayes is a US immigration lawyer who practices in Vancouver. His website is http://www.usborderlaw.com 2:00 -The closure of the Canada - US border25:00 - Recent Executive Orders pertaining to immigration in the United States 45:00 - The DACA decision Hosted on Acast. See...2020-07-081h 13Borderlines#36 - The Canadian Immigration Consequences of COVID19Deanna Okun-Nachoff and Steven Meurrens discuss how COVID19 has caused havoc to Canada's immigration system, including border closures, operational slowdowns and the suspension of litigation proceedings. Hosted on Acast. See acast.com/privacy for more information.2020-03-2448 minBorderlines#35 - The Implications of the Supreme Court of Canada Decision in VavilovVavilov v. Canada (Citizenship and Immigration)is a 2019 Supreme Court of Canada decision in which the Supreme Court of Canada outlined a new framework for the standard of review in Canadian administrative law. Hosted on Acast. See acast.com/privacy for more information.2020-01-2753 minBorderlines#34 - Canada and the Compact for Migration, with François CrépeauFrançois Crépeau is a Professor at the McGill Faculty of Law and the Director of the Centre for Human Rights and Legal Pluralism. He was the United Nations Special Rapporteur on the Human Rights of Migrants from 2011 to 2017.Peter Edelmann and François discuss migration issues generally, the Compact for Migration, and its implication for Canadian immigration and refugee law. This episode was recorded before Peter Edelmann was appointed to the British Columbia Supreme Court. Hosted on Acast. See acast.com/privacy for more information.2020-01-181h 26Borderlines#33 - Where Canada's Political Parties Stand on ImmigrationAn overview of the immigration platforms, and general historic policies, of Canada's political parties. 1:45 - Where do the parties stand with regards to letting provinces decide who immigrates?13:28 – Immigration levels23:30 – What are the promises with regards to border security and the Safe Third Country Agreement? 36:00 – Temporary Foreign Workers42:00 – Application fees46:00 – Settlement services and values tests48:00 – Where parties can work together on and general trends. Hosted on Acast. See acast.com/privacy for more information.2019-10-1259 minBorderlines#32 - Keep Out the Poor - How Canada and the US Address Immigrants on Welfare, with Andrew HayesAndrew Hayes is a US immigration lawyer who practices in Vancouver. In this episode we discuss how the immigration systems of Canada and the United States each deal with the issue of immigrants and social assistance. How similar is the "public charge" rule in the United States and "financial inadmissibility" in Canada? What is a sponsorship bar? Can permanent residents be deported for imposing a fiscal burden on the state? Hosted on Acast. See acast.com/privacy for more information.2019-09-141h 04Borderlines#31 - How Much Does Immigrating Matter on Which Officer or Judge You Get? with Sean RehaagSean Rehaag is an Associate Professor at Osgoode Hall Law School. His academic research focuses on empirical studies of immigration and refugee law decision-making processes.Sean, Deanna, Peter and Steven discuss his quantitative research which has used large data-sets to study extra-legal factors that influence outcomes in Canadian refugee adjudication. Does immigrating to Canada, getting refugee status or winning a judicial review simply depend on the luck of who decides your application? Hosted on Acast. See acast.com/privacy for more information.2019-06-231h 02Borderlines#30 – Excluding Family Members from Immigrating vs. Compassion, with Jamie Chai Yun LiewJamie Chai Yun Liew is a law professor at University of Ottawa and an immigration lawyer. She acted for the Canadian Council for Refugees as intervener before the Supreme Court of Canada in Kanthasamy v. Canada (Citizenship and Immigration). She can be found on Twitter @thechaiyunJamie, Peter, Deanna and Steven discusses humanitarian & compassionate considerations in Canadian immigration law, including the Supreme Court of Canada decisions in Baker and Kanthasamy. We also discussed Regulation 117(9)(d), which excludes unexamined family members from future sponsorship, and the recently announced pilot to mitigate the impact of this exclusion. Hosted on Acast. See acast...2019-06-061h 02Borderlines#29 - Immigration Detention and Habeas Corpus, with Molly Joeck and Erica OlmsteadMolly Joeck and Erica Olmstead are lawyers with Edelmann & Co. They, along with Peter Edelmann, acted for the Canadian Council for Refugees as interveners before the Supreme Court of Canada in Canada (Public Safety and Emergency Preparedness) v. Chhina. In Chhina the issue before the Supreme Court was whether immigrant detainees have access to habeas corpus. We discuss Chhina, how immigration detention works in Canada, habeas corpus and issues going forward. Hosted on Acast. See acast.com/privacy for more information.2019-05-291h 05Borderlines#28 - Canada's Caregiver Programs, with Natalie DroletNatalie Drolet is the Executive Director / Staff Lawyer for the Migrant Workers Centre. We discuss the history of Canada's caregiver programs, current issues and what the future looks like. Hosted on Acast. See acast.com/privacy for more information.2019-05-221h 05Borderlines#27 - Civil Forfeiture in Canada, with Bibhas VazeCivil forfeiture is a process in which the government seizes assets from persons suspected of involvement with crime without necessarily charging the owners with wrongdoing. Did you know that in British Columbia the government can seize and forfeit your car if you speed? Or that police can "seize first ask later" for property that is less than $75,000? This was a fascinating look at an area of law that receives little scrutiny, especially in how it can relate to immigration. Bibhas Vaze is a criminal defence lawyer in Vancouver. Hosted on Acast. See acast.com/privacy for more information.2019-03-131h 13Borderlines#26 - Representing Edward Snowden and an Overview of Hong Kong Refugee Law, with Robert TibboRobert Tibbo is a Canadian lawyer previously based in Hong Kong, where he has an active human rights and refugee law practice. He has served as counsel in many notable cases, including Edward Snowden, a former contractor for the United States government who copied and leaked classified information from the National Security Agency in 2013. Peter and Robert discuss what it is like to practice refugee law in Hong Kong and about Robert's representation of Edward Snowden, which at one point included arranging for Mr. Snowden to stay with other asylum claimants in Hong Kong to avoid being detected by the...2018-11-2759 minBorderlines#25 - Protecting Foreign Workers and Employer Compliance Inspections, with Meera ThakrarThe Government of Canada, as well as several provincial governments, have introduced several measures to protect temporary foreign workers and maintain the integrity of Canada's foreign worker programs.Meera Thakrar is a Canadian immigration lawyer whose practices focus on helping companies recruit and retain foreign workers. Meera joins Peter Edelmann, Deanna Okun-Nachoff and Steven Meurrens to discuss various measures that different levels of government have introduced to protect foreign workers, challenges do governments face in this task and how employer compliance inspections work. Hosted on Acast. See acast.com/privacy for more information.2018-11-1349 minBorderlines#24 - The Temporary Foreign Worker Program, with Kyle Hyndman and Meera ThakrarThe Temporary Foreign Worker Program, also known as the Labour Market Impact Assessment, is the main program through which Canadian companies hire temporary foreign workers. We discuss numerous aspects of obtaining Labour Market Impact Assessments, including prevailing wage, recruitment, transition plans, processing times, job match, the Global Talent Stream and the Owner - Operator LMIA.Kyle Hyndman and Meera Thakrar are both Canadian immigration lawyers whose practices focus on helping companies recruit and retain foreign workers. Hosted on Acast. See acast.com/privacy for more information.2018-10-3057 minBorderlines#23 - Appellate Advocacy Tips, with Former Supreme Court of Canada Justice Marshall RothsteinMarshall Rothstein served as a Justice on the Supreme Court of Canada from 2006 - 2015. He previously was a Judge on the Federal Court of Canada and the Federal Court of Appeal. Garth Barriere is a criminal defence attorney in Vancouver. He was counsel in Khosa v. Canada (Citizenship and Immigration, a major Supreme Court of Canada immigration decision in which Justice Rothstein wrote a concurring opinion. In this episode Justice Rothstein provides tips for written and oral advocacy. While the focus is on appellate litigation, anyone interesting in strengthening their advocacy skills will benefit from what he has to say...2018-10-101h 24Borderlines#22 - The Implications of the Supreme Court of Canada Decision in R v. WongR v. Wong is a 2018 Supreme Court of Canada decision in which the Supreme Court of Canada had to determine whether a person could withdraw a guilty plea if they they did not know that their pleading guilty would lead to deportation.Erica Olmstead is an Associate at Edelmann & Co. She and Peter Edelmann represented the accused at the Supreme Court. Lobat Sadrehashemi represented one of the invervenors, the Canadian Association of Refugee Lawyers. Hosted on Acast. See acast.com/privacy for more information.2018-07-2448 minBorderlines#21 - What a Thirty Year Career as an Immigration Lawyer was Like, with Darryl LarsonDarryl Larson practiced immigration law in Vancouver, British Columbia for almost thirty years. He was a former Chair of the Canadian Bar Association of British Columbia's Immigration Section, counsel to both individuals and corporations, at one point represented China's most wanted fugitive, and successfully implemented a succession plan when he retired in 2018.In this episode Peter, Steven, Deanna and Darryl discuss Darryl's career as an immigration lawyer in a candid discussion about what practicing immigration law is like. Hosted on Acast. See acast.com/privacy for more information.2018-06-1959 minBorderlines#20 - Canadian Medical Inadmissibility Law, with Erin RothDeanna and Erin Roth discuss issues in Canadian medical inadmissibility law. When can someone be inadmissible to Canada because they have a serious medical condition? How does one confront such an allegation? What changes are upcomming?Erin Roth is a Lawyer with Edelmann & Co. Her work involves court proceedings regarding Extradition and Mutual Legal Assistance requests from foreign states and civil litigation on behalf of government agencies. Hosted on Acast. See acast.com/privacy for more information.2018-05-1646 minBorderlines#19 - An Introduction to Canadian Extradition Law, with Amanda LordAmanda Lord is a lawyer in the Criminal Law and International Assistance group at the Department of Justice of Canada. Her work involves court proceedings regarding Extradition and Mutual Legal Assistance requests from foreign states and civil litigation on behalf of government agencies. In this episode we discuss Extradition and the State of Law. Hosted on Acast. See acast.com/privacy for more information.2018-04-241h 10Borderlines#18 - The Deportation Consequences of Criminal RecordsThe Supreme Court of Canada in October issued its decision in R v. Tran, a case which Peter litigated. Deanna, Peter and Steve discuss the issues that the Supreme Court addressed in this landmark decision, including whether conditional sentences are terms of imprisonment for the purposes of deportation and retrospectivity in law. This was the first of two Supreme Court cases that Peter arguedin Ottawa this year. While he was in Ottawa for the second case, he joined Michael Spratt and Emilie Taman, the creators of the Docket, a fantastic podcast about criminal law in Canada. Peter, Emilie and Michael...2017-12-111h 22Borderlines#17 - Issues with PreClearance at Customs, with Michael GreeneThe Liberal Government of Canada has introduced legislation that will expand the use of preclearance facilities by United States border officials in Canada, and authorize Canada to set up such facilities in the United States.Michael Greene, Q.C. is an immigration lawyer in Calgary. He served as the National Chair of the Canadian Bar Association’s Citizenship & Immigration Section in 2000-2001. He can be reached at mgreene@sgimm.ca Michael joins to provide an overview of Bill C-23, the Preclearance Act, and resulting issues including the presence of armed US border officials in Canada, detention, the application of the Cha...2017-09-271h 01Borderlines#16 - The History of the Immigration Consultant Profession in Canada, with Ron McKayIn this episode we discuss the history of the immigration consultant profession in Vancouver and current issues that the profession faces from a regulatory and governance perspective.Ron McKay is a past Chair of the Immigration Consultants of Canada Regulatory Council's Board of Directors. He is a former Immigration Officer who spent ten years at the Canadian Embassy in Tokyo, Japan. He is also a past National President of the Canadian Association of Professional Immigration Consultants.3:30 – We discuss the history of immigration consultants in Canada, including an in depth discussion of the Mangat case, in which the Supreme Court of Cana...2017-07-111h 09Borderlines#15 - New Can Consulting and the Biggest Immigration Fraud in Vancouver History, with Gordon MaynardXun (Sunny) Wang was a ghost consultant who is estimated to have made $10 million by filing fraudulent immigration applications for clients of his two firms, New Can Consulting and Well Long Enterprises. Mr. Wang, who is currently serving an eight year jail sentence, and his staff, apparently put fake passport stamps in peoples' passports in order to lie about having spent sufficient time in Canada to qualify for various immigration programs. The Canada Border Services Agency is now endeavouring through what the Department is calling Project New Can to remove over 1,500 former clients of his for having committed misrepresentation to...2017-04-111h 00Borderlines#14 - How to overcome systemic barriers in LGBTQ asylum claims, with Sharalyn JordanIn this episode we discuss how to overcome systemic barriers in LGBTQ asylum claims. Much of this episode is dedicated to establishing how LGBTQ asylum claimants must prove their sexual identity during their refugee claim. How does someone from a country where being gay is illegal and who has been a closeted homosexual for their entire life prove that they are gay? What do Immigration and Refugee Board members expect? How can counsel assist? Finally, we discuss whether LGBTQ asylum claimants should even be required to prove their sexual orientation as part of their asylum claim.Sharalyn Jordan is an...2017-02-281h 04Borderlines#13 - Problems with the Safe Third Country Agreement and Interdiction, With Efrat ArbelThe Safe Third Country Agreement between Canada and the United States requires that persons seeking refugee protection must make a claim in the first country they arrive in unless they qualify for an exception to the Agreement. In other words, an asylum seeker who wishes to seek refugee status in Canada will typically be denied the ability to do so if they attempt to enter Canada by land from the United States. Efrat Arbel is Assistant Professor at the Allard School of Law at the University of British Columbia. She is an executive member of the Canadian Association of Refugee...2017-02-011h 04Borderlines#12 – Tips on making written and oral arguments in court, with Justice Alan DinerThe Honourable Alan S. Diner is a judge with the Federal Court of Canada. Prior to his appointment, Justice Diner headed Baker & McKenzie LLP’s immigration practice. He was also involved with managing the establishment and implementation of Ontario’s Provincial Nominee Program for the Ministry of Citizenship and Immigration.We are grateful to Justice Diner for the time that he took in preparing for this podcast about tips and best practices in appearing before the Federal Court of Canada, including in providing a customised powerpoint, which can be found on our website at http://www.borderlines.ca. As Justice Dine...2017-01-171h 22Borderlines#11 - Tensions between political oversight and politicizing officer decisions, with Lorne SossinWe discuss three topics. The first is the oversight of police, CBSA, and immigration officers in Canada. How do we ensure that there is political oversight and accountability without politicizing the day to day operations of individual officers? The second topic is a discussion of Charter rights and Charter values in the immigration context. Finally, we talk about whether it is OK that in Canada individual immigration officers can create an apply their own standards of the law.Lorne Sossin is the Dean of Osgoode Hall Law School. Prior to his appointment, he was a Professor with the Faculty of...2017-01-031h 13Borderlines#10 – Canadian National Security Law, Bill C-51 and Trudeau's Reforms, with Professor Kent RoachThis episode contains an overview of the history of national security law in Canada, starting with the MacDonald Commission and the October Crisis of 1970, the formation of the Canadian Security and Intelligence Service, the Air India bombing, the Arar Inquiry, 9/11, and Bill C-51.We also discuss the roles of CSIS, the Communication Security Establishment, the Royal Canadian Mounted Police, and the Canada Border Services Agency, in administering Canadian national security legislation.Finally, Professor Roach provides an in depth analysis of several controversial elements of the previous Conservative Government of Canada's Bill C-51, and the current Liberal Government of Canada's response...2016-12-1348 minBorderlines#9 - The Constitutionality of Retrospective Laws, with Garth Barriere & Eric PurtzkiGarth Barriere and Eric Purtzki joins Peter Edelmann and Steven Meurrens to discuss the constitutionality of laws that are retroactive or retrospective. Garth and Eric are both criminal defence attorneys in Vancouver. Both have appeared before the Supreme Court of Canada on numerous occasions.Peter and Steven also discuss the recent election of Donald Trump as the 45th president of the United States. Hosted on Acast. See acast.com/privacy for more information.2016-12-0256 minBorderlines#8 - Citizenship revocation for misrepresentation, with Lobat SadrehashemiLobat Sadrehashemi joins Peter Edelmann, Deanna Okun-Nachoff and Steven Meurrens to discuss issues in Canada's citizenship revocation and refugee determination processes. The recent controversy around Maryam Monsef guides our discussion. Lobat Sadrehashemi is an Associate Counsel at Embarkation Law Corporation. She is also the Vice President of the Canadian Association of Refugee Lawyers ("CARL").There are sound quality issues at some points in this episode. We're still getting the hand of this equipment. CARL's reform proposals for Canada's inland refugee determination system and other aspects of the immigration system, which we recently submitted to the Ministers, their staff, IRCC, and...2016-11-071h 02Borderlines#7 – The impact of immigration on the Vancouver housing market, with David Eby and Tom DavidoffA discussion of the role of immigration on the Vancouver housing market.Tom Davidoff is an Associate Professor at the University of British Columbia's Sauder School of Business. He is frequently cited in the Vancouver media as being an expert on Vancouver's housing market, and was part of a team of nine academics who created the B.C. Housing Affordability Fund proposal. He can be found on Twitter @TomDavidoffDavid Eby is the Member of the Legislative Assembly for Vancouver-Point Grey, and was previously the Executive Director of the British Columbia Civil Liberties Association. He is a passionate advocate for making...2016-10-2848 minBorderlines#6 – On transitioning from a career with CIC to being an immigration consultant, with Dani WillettsDani Willetts joins Peter Edelmann and Steven Meurrens to discuss the decision making process at Canada's immigration department, her experience transitioning from a career working for CIC to being an immigration consultant, some recent cases impacting international graduates in particular with regards to the Post-Graduate Work Permit program, a recent Parliamentary report on the Temporary Foreign Worker Program, and the discovery that Canada has started negotiating an extradition treaty with China.Dani Willetts is an immigration consultant at TDWImmigration. From 1989 - 2012 she worked in numerous capacities with Canada's immigration department, including as a Supervisor in Vancouver. She can be reached...2016-09-271h 09Borderlines#5 - Search of Electronic Devices at the Border, with Marilyn Sanford.Marilyn Sanford joins Peter Edelmann and Steve Meurrens to discuss whether the Canada Border Services Agency can search people's electronic devices. In addition, we discussed the recent stay of proceedings in the Nuttall decision, a well publicised case in which two individuals were charged with attempting to blow up the BC legislature. Marilyn was counsel to Mr. Nuttall, and provided her insights on the case. Finally, Peter and Steve touched on recent developments in Canadian immigration law, including the Owner Operator Labour Market Impact Assessment recruitment exemption, a puzzling case in which the Federal Court upheld an officer's determination that...2016-09-191h 17Borderlines#4 - Citizenship Revocation, Cessation, and War Resisters with Jenny Kwan, MPJenny Kwan is the Member of Parliament for Vancouver East and is the New Democratic Party of Canada’s Immigration Critic. Her Twitter is @JennyKwanBC 2:30 – 16:13 – We talk about Bill C-6, the Liberal Government of Canada’s reforms to Canada’s Citizenship Act. Ms. Kwan both talked about what she likes and dislikes about Bill C-6. A specific concern that she has includes the procedural fairness afforded to those facing citizenship revocation due to misrepresentation. During this portion of the discussion we also briefly discuss the topic of language testing requirements for grants of citizenshi...2016-08-151h 09Borderlines#3 - Marriage Fraud, with Raj SharmaRaj Sharma joins Peter Edelmann and Steven Meurrens to discuss marriage fraud.Raj Sharma is the managing partner of Stewart Sharma Harsanyi. He is a well known commentator on immigration law. In addition to his active blog and numerous presentations that he has given at immigration conferences and seminars, he has written numerous op-eds on immigration, diversity and multi-culturalism that have been published in many manjor Canadian newspapers. He has debated Martin Collacott of the Fraser Institute and Centre for Immigration Reform on whether Canada accepts too many immigrants; Deepak Obhrai (MP and Parliamentary Secretary) on additional and stricter language...2016-08-041h 07
Borderlines#2 - Refugee Resettlement and Charter Vetting Legislation, with Jennifer BondJennifer Bond joins Peter Edelmann and Steven Meurrens to discuss refugee resettlement and ensuring that legislation is Charter compliant.Jennifer is a professor at the University of Ottawa's Faculty of Law, and is also a Special Advisor to Minister of Immigration, Refugees, and Citizenship. Jennifer sat on the founding national executive of the Canadian Association of Refugee Lawyers (CARL) and is founder and current co-director of the University of Ottawa’s Refugee Assistance Project (UORAP), a multi-year, national initiative aimed at mitigating and researching the access to justice implications of Canada’s new refugee legislation. She is also the Faculty Coor...2016-07-2849 minBorderlines#1 - Deanna Okun-Nachoff, Peter Edelmann, Steven Meurrens on Canada's Immigration SystemIn this introductory episode the three of us discuss recent developments in Canadian immigration law, as well as some recent news items and a specific case. 00:30 – 8:39 – We discuss how immigration policy in general has changed under the Liberal government, with a specific emphasis on the Liberal’s repealing the portions of Bill C-24 which revoked the Canadian citizenship of certain individuals convicted of certain offences related to national security. 8:39 – 19:03 – The conversation shifts to Donald Trump, BREXIT, and whether Canada under the Liberal government is bucking an international trend towards increased protectionism. 19:03 – 25:06 – In discussing imm...2016-07-1553 min