In this episode, we are joined by Gerald Chan, a privacy and criminal defense lawyer from Stockwood’s LLP. We discuss several significant cases and topics within the realm of privacy law and its intersection with Canadian immigration law.

Gerald’s paper on text message privacy can be found here.

Specific cases include:

R. v. Bykovets, 2024 SCC 6 (whether police need warrant to obtain IP address)

R v. Marakah, 2017 SCC 59 (whether police need warrant to obtain text messages)

R. v. Spencer, 2014 SCC 43 (online anonymity)

We also discuss the intersection between privacy law and immigration law, including when CBSA can search electronic devices, and invasive requests for documents.

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A. Connie Campbell is a lawyer at Edelmann & Co.

We discuss inadmissibility for organized crime and answer a question about whether we think that law societies should screen lawyers for Islamophobia or anti-Palestinian sentiments.

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Corey Clamp worked at Citizenship and Immigration Canada from 2003-2008. His roles included working as a Litigation Management Analyst in Ottawa, several supervisory roles at the Canadian High Commission in New Delhi and as a Senior Immigration Officer at the Canadian visa office in Ho Chi Minh City.

We discuss Corey’s immigration career, the importance of overseas offices, refusing applications, the importance of individual personalities in the visa processing process and things that Corey believes members of the public or applicants should understand about the role of visa officers.

We also answer a recent question about what our thoughts are regarding Immigration, Refugees and Citizenship Canada’s 2023 Temporary Public Policy to bulk waive eligibility requirements to clear the temporary resident visa backlog, and the 19,000 refugee claims that resulted by the end of 2023.

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Deanna and Steven discuss the partial visa reimposition on Mexican nationals, the cancellation of Mexican eTAs, IRCC procedures for cancelling visas in general and the Supreme Court granting leave in Pepa. We also answer a listener question, which is whether Canadian visa officials should screen prospective immigrants for antisemitism.

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