Seminar ID

ION-2018-05-03

Date and time

Thursday, May 3, 2018 at 13:00 EST see it in calendar

Attendance

• recording

Languages

• in English

CPD hours

Venue

Pace Law Firm300 The East Mall
Toronto
M9B 6B7

Capacity: 18

Description

The legislative scheme

What is a conviction?
Summary offences vs. indictable offences vs. hybrid
The actual sentence vs. maximum sentence imposed by the CCC
What counts as a part of sentence
Ethics and case scenario

Equivalency of offences committed outside of Canada – the three methods of equivalency (the Hill case)
• When a crime committed outside is not a crime in Canada
• Case scenario

Acts and omissions under A36(2)(c) – under what circumstances can and will it be used?
• Case law on A36(2)(c)
• Record suspension (Pardon) for in Canada offences

Case scenario

Ethics: competence and skills, accepting one’s limitations, seeking counsel, confidentiality issues
The effect of foreign pardons and expungements
R18 – rehabilitation
Deemed rehabilitation
Applications for rehabilitation
Case scenario
Temporary Resident Permits and use of H&C

Appeals of removal orders or spousal sponsorships refused for inadmissibility – when is an appeal available? How is it conducted? What factors are relevant?
• Review of case law on criminality at the IAD

Judicial Reviews – grounds for review, time limits, referrals to lawyers

Ethics: full disclosure to client, maintaining confidentiality, releasing a file – what to include and what not