Borderlines

This episode originally ran on October 5, 2021.

Carl Brault worked for almost twenty years at the Canada Border Services Agency. His roles included Border Services Officer, Intelligence Analyst and Inland Enforcement Officer. He currently provides consultation services to authorized immigration representatives and can be reached at [email protected].

3:00Working as a summer student as a Border Services Officer.

6:30September 11, 2011

9:50What kind of training does a CBSA officer receive before they start working at the border?

18:10Working as a CBSA Intelligence Analyst

21:30Working as an Inland Enforcement Officer

25:00Is CBSA understaffed or overstaffed?

28:30Level of autonomy officers have in deferral requests.

38:30What should lawyers or individuals do when making deferral of removal requests?

42:30The ability of CBSA to make positive decisions by not acting.

48:30What is the difference in culture across different offices?

51:15What are examples of where counsel harms their clients cause at CBSA?

54:00Do CBSA officers care about how lawyers are dressed?

56:30Has the attitude towards removals at CBSA regarding removals gotten more rigid?

1:05:00Do CBSA officers want more discretion when it comes to removals

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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 eligiblity 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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This episode is a repost of episode 35, which has been our most listened to podcast episode to date. It was recorded on 27 January 2020.

Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 was a landmark 2019 Supreme Court of Canada decision in which the Supreme Court of Canada outlined a new framework for the standard of review in Canadian administrative law.

The episode begins with a discussion between Steven and Robert Denay about how the standard of review works. Deanna and Steven then discuss how Vavilov could impact immigration law and practice.

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Amandeep Hayer is the founder of Hayer Law, a Vancouver immigration law firm.

The Express Entry points requirement is currently higher than it has ever been. In this episode we discuss when they are likely to decrease.

We also discuss a recent Ontario court decision which struck down Canada's two generation limit on citizenship by descent.

Finally, Steve recently listened to a podcast which stated that the following are five signs that a lawyer is not taking their practice seriously. They are: (1) the lawyer answers their own phone rather than having calls go through a receptionist, (2) they use a non-professional e-mail account like gmail, (3) they meet potential clients at coffee shops, (4) they lower their fees when pressured, and (5) they have many practice areas. We also discuss not having a website, Law Society sanctions and Google reviews.

00:00 - Introduction and Express Entry

28:00 - Ontario decision striking down citizenship by descent limitation

37:00 - Are these signs that a lawyer is not taking their practice seriously?

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Warda Shazadi Meighen is an immigration lawyer in Toronto and the founder of Landings Law.

Canadian immigration legislation states that adoptions that can lead to immigration must create a legal parent-child relationship and sever the pre-existing legal parent-child relationship.Many Islamic countries have adoption, or guardianship, regimes based on kafala law, by which adoptive parents become the sponsor or guardians of a child, but the pre-existing legal parent-child relationship is not severed. As a consequence, adoptions from many Muslim countries are not recognized under Canadian immigration law. Warda has launched a Charter challenge to change this. 

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Jamie Chai Yun Liew is a Professor at the University of Ottawa and the author of Ghost Citizens - Decolonial Apparitions of Stateless, Foreign and Wayward Figures in Law.

In this episode we discuss statelessness, which is when someone does not have citizenship in any country because of the operation of law.

We discuss how people can become stateless, citizenship revocation, the Federal Court of Appeal decision in Budlakoti, how lack of documentation can lead to lack of citizenship, challenging statelessness, and more.

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