Tamara Mosher Kuczer is the Founder & Principal Lawyer of Lighthouse Immigration Law Professional Corporation. She can be found on Twitter @ttrrmk.
5:00 How would you summarize 2022 for Canadian immigration?
13:23 Favorite development in Canadian immigration law
25:00 Least favorite development in Canadian immigration
39:15 Favorite Federal Court decision
52:00 What should people watch the most in 2023
56:00 What might happen this year that people might not be expecting?
1:04 What will happen with the Self-Employed Class and Start-Up Visa Program?
1:09 Will Express Entry take under 6 months again and will there be a draw in the Parent & Grandparent Program?
1:12 Predictions for citizenship and abolishing PR Cards.
The Secure Air Travel Act provides the Minister of Public Safety and Emergency Preparedness with authority to establish a list of individuals that the Minister has reasonable grounds to suspect could be a threat to aviation or national security or intends to travel by air for the purpose of terrorism.
How does the Secure Air Travel Act work?
Who reviews naming on the Secure Air Travel Act?
What is the threshold to be added to the list for possibly committing a crime in the air?
Does the government have to publish how many people are on the list?
How does someone learn that they are on the SATA list?
What are the participatory rights for people to get off the SATA?
How does the appeal or Federal Court process work?
Could someone be put on SATA for refusing to wear a mask?
Prasanna Balasundaram is the Director of Downtown Legal Services. He represented the Canadian Association of Refugee Lawyers as interveners in the Supreme Court of Canada case Law Society of Saskatchewan v. Abrametz, which dealt with when delays can amount to an abuse of process.
2:00 Why did CARL intervene in this case?
6:00 Recalibrating abuse of process.
10:00 Possible remedies for abuse of process.
17:00 What is an abuse of process claim?
20:00 What is the Blencoe test?
25:00 Is a remedy under an abuse of process claim cash?
28:00 How can lawyers, stakeholders, and CARL collaborate on
systemic issues?
31:00 Why does __ think that the Supreme Court did not address CARL’s argument about removal in the decision?
39:00 How does one choose test litigation cases?
Pantea Jafari is lead counsel at Jafari Law, which she opened in 2012.
In 2022 Pantea won a successful group litigation for over 100 Iranian applicants whose applications were refused under the Self-Employed Class. Pantea successfully argued that the Canadian government unfarily changed the standards for these applicants after they had applied.
We discuss the Self-Employed Class, the doctrine of legitimate expectations, breaches of procedural fairness, changing visa offices and how group litigation works.