For many people around the world Access to Justice means Access to Canada. There is an expectation throughout the international community that Canada welcomes refugees and immigrants. 

Economic expediency has often led to special fast-track immigration programs with varying degrees of successful application and execution, and the same has occurred in response, again in varying degrees, to various humanitarian crises around the world.

The Every Lawyer takes a deep dive into Immigration Law in Canada and sheds light on some serious Access to Justice issues. Some solutions included.

With Arghavan Gerami and Kyle Hyndman from the CBA Immigration Law Section in cooperation with the CBA Access to Justice Subcommittee.

Hosted by Julia Tétrault-Provencher.

Anti-Corruption in August.

Julia welcomes Noah Arshinoff to discuss the on-going work of the CBA Anti-Corruption Team as well as:

“Global Corruption: Its Regulation under International Conventions, US, UK, and Canadian Law and Practice” by Professor Ferguson, now in its 4th edition. 

Sometimes known as "Prof. Ferguson's Book", you can find the current edition for free here:

Canadian Bar Association - Global Corruption: Its Regulation Under International Conventions, US, UK, and Canadian Law and Prac (cba.org)

Links:

Transparency International Canada (transparencycanada.ca)

Canadian Bar Association - Anti-Corruption (cba.org)

Home | Basel Institute on Governance (baselgovernance.org)

CCEAC | Canadian Centre of Excellence for Anti-Corruption

Arshinoff, Noah | Faculty of Law - Common Law Section | University of Ottawa (uottawa.ca)

In this episode of the Every Lawyer, Julia takes a look at the current state of Canada’s Medical Assistance in Dying legislation as well as its practical application with Dr. Vanessa Cardy, who is a family doctor and palliative care physician working in northern Quebec, and Shelley Birenbaum from the CBA's End Of Life Working Group. 

Also includes a basic synopsis of the criteria and safeguards set out in Canada's MAiD legislation and a firsthand account of the procedure.

Links:

Final Report of the Expert Panel on MAiD and Mental Illness - Canada.ca

Second Annual Report on Medical Assistance in Dying in Canada 2020 - Canada.ca

Dying With Dignity Canada | It's your life. It's your choice.

CAMAP – Canadian Association of MAID Assessors and Providers (camapcanada.ca)

This is Assisted Dying - Dr. Stefanie Green

End-of-Life Law and Policy in Canada | End-of-Life Law and Policy in Canada (dal.ca)

ACE | Welcome to ACE (advocacycentreelderly.org)

Home - ACP in Canada | PPS au Canada (advancecareplanning.ca)

David Roberge at Parliamentary Committee, May 25th, 2022:

Evidence - AMAD (44-1) - No. 8 - Parliament of Canada

The Every Lawyer podcast takes a look at Abortion Rights and Restrictions in Canada and how the right to abortion is or isn’t protected by the Canadian constitution. We get a refresher course on Roe v Wade and take a closer look at the SCOTUS decision reversing it. We find out about how the right to choose is already adequately protected in Canada and why any further legislation on the matter could do more harm than good. We also get some sound advice on how to approach this emotionally laden topic with friends, family and colleagues who have contradicting viewpoints.

No Legislation: What we really need to do in Canada to improve abortion access | National Association of Women and the Law (nawl.ca)

 Excerpts from Brad Regehr's Conversations on Calls to Action with:

John Borrows

Naiomi Metallic

the late Harold R Johnson 

Stacey Soldier 

Dr. Val Napolean 

Signa Daum Shanks 

Maggie Wente 

David Nahwegahbow

Brenda Gunn

Aimee Craft 

Robin Sutherland 

and Alyssa Bird.

Florence Ashley is a transfeminine jurist, bioethicist, public speaker, and activist who uses they/them pronouns. They received the CBA SOGIC Hero award in 2019 and have just published their first book Banning Conversion Practices. After speaking with them for some time you realise the depth of their thinking as, again and again, they twist a detail like which database to use into a reflection on how and how not to use the law to empower yourself or sometimes they twist it back as in the midst of a discussion about access to justice, seemingly out of the blue but not: "interpersonal relationships is the single most important high school class we don’t have!!"  

In this episode of the Every Lawyer we gain insight into the drafting process behind Bill C4 Banning Conversion Practices in which Florence Ashley participated extensively, their guidance on working with clients who are survivors and a plea that the hard work of litigation continue.

"The (legal) system is one of the ways in which we can create a  small shelter of temporary reprieve from the rain." By the end of this podcast, you will agree that Florence is indeed “cynical with a solution”.  

Florence advocates for an improved uptake of science and a more intersectional approach  by the courts in their decision-making process and within the legal system generally.

Julia is a lawyer (Quebec Bar) working as a Legal Counsel in Sexual and Reproductive Rights for Lawyers without Borders Canada (ASFC) in Quebec City. 

We meet with Anna Kuranicheva to discuss an initiative put in place by the CBA Immigration Law Section to provide pro bono services to those impacted by the situation in Afghanistan. Ms. Kuranicheva further explains the challenges her colleagues and her have faced since the initiative started in September and what she believes should be done by the Canadian government to urgently respond to the humanitarian crisis and uphold its pledge to welcome 40,000 Afghan refugees. Finally, for our members and listeners interested, Ms. Kuranicheva proposes concrete actions that can be undertaken to support.

Ms. Kuranicheva is an immigration lawyer working at the Edmonton Community Legal Centre and Chair of the Immigration Law (North) section of CBA’s Alberta Branch. She is one of the 11 lawyers who are currently working on a pro bono basis and who have put in place this initiative. 

For more information on this initiative, CBA Pro Bono Initiative – Crisis in Afghanistan

If you want to contact Ms. Kuranicheva to volunteer as an immigration lawyer, to provide support or to suggest other actions that could be undertaken: [email protected]

If you are interested to contact the member of parliament of your region to request the temporary lifting of the ‘formal refugee status’ requirement to urgently address the humanitarian crisis in Afghanistan, you can find your representative here: https://www.ourcommons.ca/members/en

We are on all podcast platforms, including Spotify and Apple Podcasts. Leave us a review and share this episode with your professional network!

Have questions or want more information? Feel free to contact us at: [email protected] with the subject line "Podcast".

Check out the Policy Options Podcast

We meet with Stephen Rotstein the new CBA President for the year 2021-2022.  We discuss his priority for the year and his upcoming podcast Conversations with the President: mental health, community involvement, and more.

The first episode of Stephen's series Strengthening our Community will be released on November 18, 2021. Check it out here:  Helping Canada’s vulnerable communities with Wei William Tao

To contact us (please include in the subject line ''Podcast''): [email protected]

Please subscribe, rate and review our podcast if you are enjoying it on Apple Podcasts.

Subscribe to the other CBA Podcasts: Conversations with the President, Modern Law - Droit Moderne and Juriste branché .

We discuss the exclusion of lawyers in the Immigration, Refugees and Citizenship Canada's online platforms and portals, with Lisa Middlemiss.

Lisa Middlemiss has been a lawyer with Gomberg Dalfen since 2013. She is passionate about Canadian immigration and citizenship issues and she advocates at the federal level as a member of the Executive of the Citizenship and Immigration Section of the Canadian Bar Association.

Click here for more information on The CBA Immigration Law Section.

The Immigration Law Section wrote to IRCC earlier this year to raise concerns about the exclusion of lawyers. 

Former CBA President Bradley Regehr sent a letter expressing concern that Immigration, Refugees and Citizenship Canada is preventing lawyers from effectively representing their clients to Immigration Minister Marco Mendicino and Justice Minister David Lametti.

To contact us (please include in the subject line ''Podcasts''): [email protected]

Please subscribe, rate and review our podcast if you are enjoying it on Apple Podcasts.

For his final episode as host of Conversations with the President, CBA President Brad Regehr speaks with Cindy Blackstock, Executive Director of the First Nations Child and Family Caring Society of Canada and Dr Pamela Palmater, full Professor and Chair in Indigenous Governance at Ryerson University.

Now that we explored the calls to action that the Truth and Reconciliation Commission directed at the legal profession and the justice system, in this final episode, we shift gears a bit to discuss what comes next.

Dr. Pamela Palmater is a Mi’kmaw lawyer, professor, author, and social justice activist from Eel River Bar First Nation in New Brunswick. A practicing lawyer for 22 years, Pam has been volunteering and working in First Nation issues for over 30 years.

Cindy Blackstock, a member of the Gitxsan First Nation, is the Executive Director of the First Nations Child and Family Caring Society of Canada. A former social worker with a Master’s in Jurisprudence.

Click here to register to The Path - Your Journey Through Indigenous Canada

To contact us (please include in the subject line ''Podcast''): [email protected]

Please subscribe, rate and review our podcast if you are enjoying it on Apple Podcasts.

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