Episode 5 – Marilyn Sanford -Search of Electronic Devices at the Border

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 people who extend their visitor status in Canada cannot complete short term courses during that extension without first leaving Canada, and the Supreme Court of Canada dismissing leave in the Torres case.

Episode 1 – Peter Edelmann, Deanna Okun-Nachoff, Steven Meurrens

In this introductory episode Peter Edelmman, Deanna Okun-Nachoff, and Steven Meurrens discuss recent developments in Canadian immigration law, as well as some recent news items and a specific case.

00:30 – 8:39 – Peter, Deanna, and Steven 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 immigration policy under the new Liberal government, we note that unlike under the Conservatives, where Jason Kenney seemed to be directly or indirectly responsible for all government departments related to immigration law, the Liberals are providing autonomy to the Ministers of each Ministry, and what impact that this may have.

25:06 – 38:50 – Peter Edelmann leads off a discussion on Immigration, Refugees and Citizenship Canada’s current consultations regarding immigration levels planning in Canada. The discussion becomes a very philosophical one about whether centralised planning is necessary, what Canada’s population should be, and how Canada attempts to meticulously control permanent resident numbers while at the same time does not have an overall plan for how many temporary residents are admitted.

38:50 – 41:25 – Steven Meurrens provides a case summary of Sendwa v. Canada (Citizenship and Immigration), 2016 FC 216. In this decision the Federal Court greatly broadened the ability of Canadian permanent residents and citizens to sponsor their relatives. Canadian immigration law provides that a relative of a sponsor, regardless of age, can be sponsored by a Canadian citizen or permanent resident, if that sponsor does not have a spouse, a common-law partner, a conjugal partner, a child, a mother or father, a relative who is a child of that mother or father, a relative who is a child of a child of that mother or father, a mother or father of that mother or father or a relative who is a child of the mother or father of that mother or father. Traditionally IRCC interpreted this as requiring that the Canadian sponsor not have a living spouse, child, parent, grandparent, etc. However, the Federal Court clarified that this is too stringent, and instead stated that the law only requires that the Canadian sponsor not have a sponsorable child, parent, grandparent, etc. The distinction will likely be important for Canadians who either do not meet the income requirements for the parents and grandparents program, or whose parents may be medically inadmissible.

41:25 – 53:16 – Deanna Okun-Nachoff comments on how John McCallum, Canada’s Minister of Immigration, Refugees and Citizenship Canada, recently committed to “getting rid of silly rules.” She discusses some of the rules that she finds silly, including the Temporary Resident Permits issued to victims of human trafficking, and numerous quirks of Express Entry.