Immigration

  • September 29, 2026

    Writs of mandamus in U.S. immigration law: What they are, when to use them

    In general, a writ of mandamus (“mandamus”) is a formal court order that requires a government official, an agency or a lower court to take a specific action. The action must be within the duties of the office, agency or court, and there must be a legal requirement that the action be performed. Mandamus is extraordinary relief and is effectively utilized when there is a clear legal duty to be performed, a clear right to relief on the part of the petitioner, and the petitioner appears to have no alternative to obtain the relief they deserve.

  • September 25, 2026

    Exclusive: Supreme Court of Canada Justice Suzanne Côté mulls her post-bench future

    Supreme Court of Canada Justice Suzanne Côté is thinking about what life after the bench might look like, she tells Law360 Canada. The court’s impactful and most prolific judge, who turned 68 this week with no apparent loss of drive or energy, says she is healthy and still loves the work that has earned her a reputation as a trailblazer and original thinker.

  • September 25, 2026

    Two distinct tests in Start-Up Visa applications and the cost of conflating them

    In Punjwani v. Canada (Citizenship and Immigration), 2026 FC 1033, the Federal Court addressed a recurring analytical error in Start-Up Visa cases: treating the qualifying-business requirements in s. 98.06 of the Immigration and Refugee Protection Regulations, SOR/2002-227 (IRPR), as though they answered an artificial-transaction finding under paragraph 89(b). They do not. The provisions impose different requirements, and an argument directed to one may fail to address a refusal under the other.

  • September 23, 2026

    Canadian justice system attracts EU interest amid rule of law threats abroad: top judge

    Chief Justice of Canada Richard Wagner says Canada’s independent justice system and perspective on confronting global threats to the rule of law has attracted interest abroad. Speaking Sept. 22 at a Newfoundland and Labrador law society event in St. John’s, Chief Justice Wagner told local lawyers and those online that he was the only non-European court leader invited to attend the meeting in Cyprus last June of the Network of the Presidents of the Supreme Judicial Courts of the 27-member European Union (EU).

  • September 21, 2026

    Ottawa’s flagship bill on ‘Building Canada Strong’ aims for labour reforms, faster project reviews

    The Carney government says its proposed “Building Canada Strong” legislation and supporting Cabinet directive will ensure that federal reviews and decisions on major project proposals are completed within one year of a “comprehensive” submission by the project’s proponents. The 243-page Building Canada Strong Act (Bill C-39) was introduced in the House of Commons Sept. 21 by Transport Minister and Government House leader Steven MacKinnon.

  • September 18, 2026

    Six myths about appointing guardians for your minor children if you die

    People often put off preparing their wills for many reasons. What often brings about a mindset shift is the birth of a child. Suddenly, parents start asking questions they may not have considered before: What happens if I die? Who will take care of my child if my child is still a minor? Who will make important decisions for them?

  • September 17, 2026

    Ottawa must freeze economic immigration and clear the ‘Lost Canadians’ backlog

    It currently takes Ottawa up to 33 months to print a single piece of paper confirming what Canadian law already dictates: that nearly 140,000 “Lost Canadians” are rightful citizens. Yet, as the federal government prepares its 2027 immigration levels, voices are already urging a return to high discretionary quotas. Ottawa must ignore them. Before reopening the economic immigration taps, the government must freeze new intake and redirect its bureaucracy to clear a staggering, self-inflicted crisis under Bill C-3, An Act to amend the Citizenship Act (2025).

  • September 16, 2026

    Could your business afford to lose key foreign workers next year?

    As employers begin planning for 2027, they should take the opportunity to review the immigration status of their foreign national workforce. In addition to operational disruptions, employers may also face regulatory and compliance risks if foreign nationals work without legal work authorization.

  • September 16, 2026

    Ottawa & judges dispute if Carney gov’t gave meaningful effect to judicial pay commission’s work

    A behind-the-scenes bid by federal chief justices to make future recommendations from the federal independent judicial pay commission process binding on Ottawa is on hold as representatives of Canada’s 1,200 federal judges and Federal Court associate judges sue the Carney government for allegedly not giving “meaningful effect” to the work and non-binding advice of the latest quadrennial Judicial Compensation and Benefits Commission (Giardini Commission.)

  • September 15, 2026

    Some Alberta farmers have employment standards rights, sometimes

    All employees in Alberta have rights under the Employment Standards Code, Occupational Health and Safety Act, Workers Compensation Act and Human Rights Act, right?