Immigration
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May 09, 2024
2 new appointments to Federal Court announced
Minister of Justice and Attorney General of Canada Arif Virani announced the appointment of Michael Battista and Catharine Moore to the Federal Court of Appeal.
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May 09, 2024
IRCC’s inadequate online access for clients seeking immigration info ‘untenable’: federal watchdog
The years-long failure of the Department of Immigration, Refugees and Citizenship Canada (IRCC) to create a functional system to digitally communicate with would-be immigrants has pushed tens of thousands of IRCC clients (and their lawyers) to try to track the progress of their immigration applications via the access-to-information portals of the federal immigration department and the Canada Border Services Agency (CBSA), says federal Information Commissioner Caroline Maynard, who called the status quo and resulting deluge of access to information requests “simply untenable.”
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May 07, 2024
Sweeping national security bill would boost state investigative powers; expand & create crimes, AMPs
The federal government has introduced a sweeping national security bill that would create a publicly accessible “foreign influence transparency” registry; expand the warrant, production and disclosure powers of the Canadian Security Intelligence Agency (CSIS); affect criminal accused or judicial review applicants seeking access to relevant “information related to international relations, national defence or national security”; expand the current “sabotage” offence; and create new “foreign interference” offences, along with administrative monetary penalties (AMPs) of up to $5 million and five years in prison, including for knowingly obstructing the operations of the office of a proposed new “Foreign Influence Transparency Commissioner.”
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May 07, 2024
Transmission of U.S. citizenship: Blessing or curse?
Children of U.S. citizens often can go their whole lives without knowing that they actually are — already — U.S. citizens themselves. To individuals in this situation, finding out you are already a U.S. citizen can be like winning the lottery or your worst nightmare. U.S. citizenship comes with certain rights and privileges but also with certain obligations. Those who want to divest themselves from these obligations can do so but may be frustrated with how lengthy the process of renouncing or relinquishing U.S. citizenship can be.
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May 06, 2024
Ottawa’s proposed $72M for immigration legal aid in 2024 helps but more funds needed, CBA says
Immigration lawyers say federal Budget 2024’s boost for immigration legal aid is very welcome, but higher funding is necessary if the burgeoning number of refugee claimants are to access justice in Canada. As unveiled on April 16, 2024, by Chrystia Freeland, the Deputy Prime Minister and Minister of Finance, Budget 2024 proposes $72 million for immigration legal aid in 2024-25, up from $43.5 million per year in Budgets 2023 and 2022.
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May 06, 2024
Cap on international students impacting post-secondary institutions
This year, Canada implemented strict limits on the number of study permits that could be issued to foreign students. Canada expects to approve 292,000 new study permits in 2024, down 28 per cent from the previous year.
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May 02, 2024
Child abduction and ‘habitual residence’: Definitive guidance from the Ontario court – Part two
In a recent article, we talked about a parental abduction case called Kalra v. Bhatia, 2024 ONSC 1443 (see link to part one below). It features several complex issues, including the key question of how “habitual residence” is to be assessed, for the purposes of the Ontario Court assuming jurisdiction over the matter, under the Children’s Law Reform Act (CLRA).
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May 01, 2024
Child abduction and ‘habitual residence’: Definitive guidance from the Ontario court — Part one
In family law, parental abduction cases are among the most complex. Not only do they invoke all the customary concerns — such as the best interests of the child, parenting time, and access rights — they do so against the background of numerous added issues. These include the parties’ residency, the courts’ extraterritorial jurisdiction, conflict-of-laws principles, and even the impact of the Hague Convention on the Civil Aspects of International Child Abduction.
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May 01, 2024
Court decisions spark debate on how Canada deals with alleged spies | Sergio R. Karas
Two recent rulings by the Federal Court of Appeal in Canada (Public Safety and Emergency Preparedness) v. Canadian Association of Refugee Lawyers, 2024 FCA 69 and Canada (Public Safety and Emergency Preparedness) v. Yihdego, 2024 FCA 70, have ignited concerns regarding their implications for public security. These decisions have quashed the inadmissibility of individuals linked to organizations accused of spying on journalists residing abroad.
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May 01, 2024
Canada to cut off-campus work hours for international students | Colin Singer
Canada will stop allowing international students to work more than 20 hours per week off campus, as of April 30.