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 refugee status or winning a judicial review simply depend on the luck of who decides your application?
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 @thechaiyun
Jamie, Peter, Deanna and Steven discusses humanitarian & compassionate considerations in Canadian immigration law, including the Supreme Court of Canada decisions in Baker and Kanthasamy. We also discussed Regulation 117(9)(d), which excludes unexamined family members from future sponsorship, and the recently announced pilot to mitigate the impact of this exclusion.
2:45 – What is Regulation 117(9)(d)?
6:30 – What is a Family Member?
7:00 – What does it mean to be “examined” for immigration purposes?
7:30 – What are the consequences of someone’s ability to immigrate to Canada if they have an inadmissible family member?
14:00 – How does IRPR r. 117(9)(d) work to exclude immigration?
15:45 – Why would someone not declare a family member when they immigrate?
26:00 – What options are available to bring a family member excluded by Regulation 117(9)(d) to Canada?
33:00 – What is the difference between a humanitarian & compassionate application vs. a family sponsorship?
36:00 – What was the Supreme Court of Canada decision in Baker?
39:00 – What was the Supreme Court of Canada decision in Kanthasamy?
50:00 – What were the Minister’s recent announcements regarding Regulation 117(9)(d)?
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 detention works in Canada, habeas corpus and issues going forward.
2:20 – Why would someone be detained in Canada for immigration reasons?
3:50 – In the federal detention review system who decides if an immigrant should be detained? What is the Immigration Division?
4:30 – How often would an immigrant who is detained have their detention reviewed?
5:30 – What are some issues arising with long term detention?
12:20 – Is there a difference in the issues that arise in long term detention in Ontario as opposed to British Columbia?
18:00 – Is an immigrant refusing to assist with removal by not getting a passport grounds for detention?
24:30 – What is habeas corpus?
27:30 – Why would someone in immigration detention want access to habeas corpus?
30:30 – Why is habeas corpus an alternative to federal court judicial review?
36:00 – The majority in Chhina appears to have commented negatively on certain aspects of the federal detention review process without striking it down. Why did they not just strike it down?
41:00 – How long do habeas corpus applications take?
46:00 – How many times can someone file habeas corpus applications?
51:00 – How has the Immigration Division reacted to the spate of habeas applications?
57:00 – How do detention review cases make it to the Federal Court of Appeal?
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.
2:30 – What is a caregiver and how have Canada’s caregiver work permit and immigration programs traditionally worked?
7:00 – What are employer specific work permits? How do these impact caregivers?
14:40 – How do Canadian caregivers find families who are overseas?
16:00 – Why is the caregiver program necessary? Why are Canadians not applying for these positions? What role do wages play?
21:10 – How does the Interim Pathways program work?
29:14 – Could an Expression of Interest Intake model come to the caregiver program?
31:30 – What are employer compliance issues in the caregiver program? What are some of the abuses that occur?
38:00 – Are the problems now similar to problems that the program has traditionally faced?
43:00 – Where do caregivers live out typically stay?
45:00 – What will the program likely look at in the future?
56:00 – Do the caregiver programs allow governments to avoid funding daycare?
57:30 – Where do most caregivers come from?