Borderlines

Sean 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 refuge...

Jamie 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, incl...

Molly 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 dete...

Natalie 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.

Civil 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...

Robert 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 refug...

The 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...

The 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 Hynd...

Marshall 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...

R 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 inverve...

Darryl 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, Dean...

Deanna 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...

Amanda 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 in...

The 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 Ot...

The 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...

In 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...

Xun (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 Canad...

In 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...

The 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...

The 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 f...

We 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 i...

This 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 th...

Garth 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 Sta...

Lobat 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")....

A 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...