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#154 - Expanding The Presumption of Innocence to Immigration Law
On March 14, 2025, the Supreme Court of Canada released its decision in John Howard Society of Saskatchewan v. Saskatchewan (Attorney General), 2025 SCC 6.
Prior to the case, in Saskatchewan’s provincial correctional institutions, inmates charged with disciplinary offences had to appear before a disciplinary panel, where the standard of proof was a balance of probabilities, even for major offences that may result in up to 10 days of disciplinary segregation or the loss of up to 15 days of earned remission.
The Supreme Court found that this violated sections 7 and 11(d) of the Charter, and held that to the extent that the law permitted the imposition of disciplinary segregation and loss of earned remission for an inmate disciplinary offence on a lower standard of proof, it is inconsistent with the Constitution and must therefore be declared to be of no force or effect.
As noted by the dissent, the case could have implications for Canadian immigration law.
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[Repost] #43 - An Interview with John McCallum, Canada's Immigration Minister from 2015-2017
01:06:56|This episode is a repost of our interview with John McCallum, Canada's Minister of Citizenship and Immigration from November 2015 to January 2017. He passed away on June 15, 2025. 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 He also increased the age of dependency from 18-22, repealed conditional permanent residency and reduced family class processing times. 5:00 – The resettlement of 40,000 refugees in Canada. 22:00 – The division of immigration repsonsibilities between IRCC, CBSA and ESDC. Should they be combined? 28:00 – What goes into reducing processing times. 33:00 – Abolishing conditional permanent residence. 39:00 – Mr. McCallum’s approach to being immigration critic towards the end of the Harper era. 42:30 – The Barbaric Cultural Practices Act and the Niqab ban. 44:00 – Caregivers 48:00 – Helping as Minister on individual files. 54:00 – What goes into levels planning?#172 - Fast vs. Slow: Immigration's Impact on Canada's Economy & Regions, with Daniel Hiebert
01:01:49|In this episode, we dive into Dan Hiebert's latest C.D. Howe Institute report on how different immigration rates shape Canada's economic challenges and regional disparities. Key topics include:Aging Population and Immigration: Why Canada’s current immigration levels are insufficient to offset an aging population, and the implications of a simultaneously older and larger population.Regional Disparities: How immigration disproportionately fuels growth in major cities like Toronto and Vancouver, exacerbating regional population and economic gaps.Ethical and Practical Questions: Is it ethical to direct immigrants to settle in rural areas with limited services and opportunities? Should newcomers be expected to revitalize communities that Canadians are leaving?Policy Trade-offs: The tension between regionalization efforts, productivity goals, and francophone immigration targets. Dr. Hiebert also touches on innovative approaches, such as Sweden’s model of using social housing to encourage regional settlement, and previews his upcoming research on the role of ethnic enclaves in Canada.🔗 Link to Paper: https://cdhowe.org/publication/fast-vs-slow-how-different-immigration-rates-can-impact-canadas-economic-challenges-and-regional-disparities/#171 - Express Entry AMA with Kubeir Kamal and Tamara Mosher-Kuczer
01:04:28|Our panel dive into several questions about Express Entry in this Ask Me Anything session. Featuring Kubir Kamal and Tamara Mosher-Kutzer as our guests.0:20: Introduction to the panel and the state of Canadian immigration in 2025.2:20: What does the recent Supreme Court decision on Pepa mean for visa holders' appeal rights?7:40: Will Express Entry scores drop to 505 this year?14:50: Why are healthcare and STEM categories not seeing lower scores despite shortages?22:41: How does declaring a spouse as non-accompanying affect Express Entry applications?36:25: Can you claim points for both Canadian and foreign work experience concurrently?39:56: Will there be a cap on immigration from specific countries like India?42:39: Should certain over-represented occupations be limited in Express Entry?46:06: Does trade experience in Express Entry need to be continuous?50:48: What are your thoughts on Immigration Minister Lena Diab’s “best and brightest” strategy and the Strong Borders Act?54:19: Will Express Entry scores drop in the next two years, and what’s the outlook for 2027?57:38: Could the government cancel work or study permits to meet the 5% temporary resident target by 2027?#170 - Getting Divorced in Canada, with Ari Wormelli
59:24|Ari Wormelli joins to discuss how to get divorced in Canada, and its intersection with Canadian immigration law.Topics discussed include non-accompanying spouses agreeing to or contesting divorce with prospective immigrants in Canada, practical barriers, serving legal documents internationally, getting foreign divorces recognized in Canada, annullment in the Philippines, marriages under fake IDs, and break down an actual case.Timestamps:0:19 - Welcome and Guest Introduction0:52 - Diving into Messy Divorces2:17 - How Divorce Works in Canada5:09 - Divorcing with an Overseas Spouse10:20 - Divorce in Countries Without Divorce (e.g., Philippines)15:21 - Conflicts of Law in Divorce Recognition21:56 - Case Study: Canadian Sponsor with Pakistani & Canadian Divorces26:04 - Recognizing Foreign Divorces in Canada34:19 - Marriages Under Fake IDs47:30 - Marriage in Canada Without Legal Status50:52 - Timeline for an Uncontested Divorce in Canada56:00 - Final Thoughts & Key Takeaways#169 - H&C Applications, with Raj Sharma and Hannah Lindy
56:18|Join us for an insightful episode of the Borderlines Podcast, featuring Raj Sharma and Hannah Lindy, both individuals with extensive experience submitting Humanitarian and Compassionate (H&C) applications. In this episode, we dive deep into H&C applications under section 25 of Canada’s Immigration and Refugee Protection Act. Learn what H&C applications are, who can apply, and the key factors officers consider, including the best interests of children and compelling circumstances. We discuss challenges like high refusal rates, the impact of the 2025 Levels Plan, and the importance of strong advocacy. Whether you're an applicant, practitioner, or curious about Canadian immigration, this episode is packed with expert insights and practical advice.#168 - Judicial Review AMA
01:01:38|Immigration lawyer Lev Abramovich returns to discuss frequently asked questions regarding judicial review. This episode offers valuable guidance for legal professionals, consultants, and those navigating immigration processes. Topics Addressed:(1:49) The IRGC(6:32) Bill C-2(10:48) What is judicial review, and how does it differ from an appeal?(13:30) When faced with an H&C refusal, what factors determine whether to reapply or seek judicial review?(19:29) How do you proceed with a judicial review of a Chinook refusal when GCMS notes repeat the refusal letter?(27:33) When should someone use mandamus, and what factors influence this decision?(36:37) Why is there a lack of legislation to enforce compliance with federal court decisions or settlements, and how often are files refused again after judicial review?(43:51) Is the Immigration Division’s interpretation of the law subject to judicial review?(44:43) How long does it take to decide whether to file a judicial review?(45:54) What’s the difference between Rule 9 and GCMS notes in preparing a judicial review?(50:16) Can you file a judicial review for a study permit refusal from three months ago?(52:50) Should you pursue a judicial review for an application where a reconsideration request was already made?#167 - A Life in Immigration Law: Gordon Maynard on Collegiality, Discretion, and Staying Human
01:07:26|In this heartfelt episode, we sit down with Gordon Maynard, a recently retired immigration lawyer, to reflect on his remarkable 35-year career. Gordon shares how he sustained a long and fulfilling practice through the camaraderie and support of the Canadian Bar Association (CBA), mentorship from peers, and the value of in-person connections. He discusses the critical role of the Immigration Appeal Division (IAD) in providing equitable discretion for permanent residents facing removal, critiques the erosion of human interaction in modern immigration processes due to centralization and AI, and highlights how physical activities like biking up Seymour Mountain every week helped maintain mental resilience. Gordon also offers wisdom for young lawyers, including urging them to diversify their practice across corporate and enforcement work, stay connected through the CBA, and embrace the human side of immigration law.#166 - The Islamic Revolutionary Guard Corps
01:04:09|Ali Esnaashari and Kaveh Shahrooz join to discuss the Canadian immigration implications of Canada's decision to designate the Islamic Revolutionary Guard Corps a terrorist organization.Topics Explored:Historical Context of the IRGC: Understand the origins, structure, and global activities of the IRGC, including its role in the tragic downing of Ukraine International Flight PS752.Conscription and Inadmissibility: Learn how mandatory military service in Iran leads to Canadian inadmissibility findings for individuals performing routine tasks, such as administrative duties or even playing for government-affiliated sports teams, with no meaningful connection to terrorist activities.Legal Framework and Challenges: A detailed analysis of Section 34(1)(f) of Canada's Immigration and Refugee Protection Act, its broad application, and the low burden of proof that disproportionately impacts conscripts, alongside ongoing federal court cases addressing the definition of “membership.”Policy Shortcomings: Insight into the Canadian government’s rushed designation process, the absence of exemptions for conscripts, and the lack of consultation with stakeholders or training for immigration officers.Why This Matters:This designation has far-reaching consequences, affecting thousands of Iranians in Canada who face inadmissibility rulings despite having no ideological ties to the IRGC. With no humanitarian considerations, lengthy ministerial relief processes, an#165 - Is Canada soft on crime? with Kyla Lee
50:44|In this episode, Vancouver criminal defense lawyer and Driving Law podcast host Kyla Lee unpacks Canada’s criminal justice system, tackling listener questions on bail, sentencing, and mental health treatment. From the nuances of bail hearings and the presumption of innocence to the principles of sentencing like deterrence and rehabilitation, Kyla offers expert insights into how courts address crime, trauma, and addiction. She also explores controversial topics like involuntary treatment, the impact of Gladue reports for Indigenous offenders, and the challenges of prison overcrowding, while proposing solutions like supportive housing to address root causes of crime.