Is your client criminally inadmissible?
- in English
CICC (ICCRC) 6 CPD hours - Validity of the recording expired on: 04.08.2015
LSBC 6 CPD hours - Validity of the recording expired on: 31.12.2014
Barreau du Québec 6 CPD hours - Validity of the recording expired on: 03.09.2015
Paid Archive 1 - Validity of the recording expired on: 31.10.2021
1. The legislative scheme of s.36 of IRPA – overview of the structure of s.36 and how it fits together both internally and with the rest of the Act.
2. The effects of the Faster Removal of Foreign Criminals Act
3. Introduction to the CIC Manual chapters on inadmissibility
4. What is a “conviction”? – terminology in criminal matters – acquittal, stay of charges, peace bonds, diversion, absolute and conditional discharges, suspended sentences, probation - what do all of these terms mean?
5. Summary offences vs. indictable offences vs. hybrid offences – how to identify what type of offence it was, and where to find the information
6. The actual sentence vs. the maximum sentence imposed by the Criminal Code of Canada – importance of understanding the maximum sentence vs what sentence was actually received and or/served
7. What counts as part of the sentence? – how does “dead time” factor in? do periods of probation, driving licence suspension, firearms suspension count as part of the sentence?
8. Equivalency of offences committed outside of Canada – the three methods of equivalency (the Hill case) and how to apply them to the facts
• Analysis of the case law on equivalency
• Work through 2 case examples on equivalency
9. Acts and omissions under s.36(2)(c) of IRPA – under what circumstances can and will it be used?
• Case law on s.36(2)(c)
• Record suspension (Pardon) for in Canada offences - Review of the laws on receiving a pardon in Canada
10. Ethics – the importance of full disclosure of ALL charges and offences, the importance of thoroughly reviewing the client’s application forms and ensuring they understand the questions, the obligation to withdraw from the case if the client insists on non-disclosure – checking inadmissibility at an early stage of the process to avoid unnecessary expense and time investment from inadmissible clients – ensuring competence – managing the client’s expectations – giving a realistic assessment to the client
• Case example – problem solving of an ethical issue
11. The effect of foreign pardons and expungments
12. s.18 of the Regulations - rehabilitation
13. Deemed rehabilitation
14. Applications for rehabilitation – what factors are taken into consideration and how should the file be submitted?
• Case example – group exercise on preparing a rehabilitation application
15. Temporary Resident Permits and use of H&C 30
16. Appeals of removal orders or refused spousal sponsorships – when is an appeal available? How is it conducted? What factors are relevant?
• Review of case law on criminality at the IAD
17. Judicial Reviews – grounds for review, time limits, referrals to lawyers
300 The East Mall
- These video recordings are offered free-of-charge for their educational value. They are not eligible for CPD hours by any regulatory body.
Please note that speakers and topics were confirmed at the time of publishing; however, circumstances beyond the control of the organizers may necessitate substitutions, alterations or cancellations of the speakers and/or topics. IMEDA reserves the right to alter or to modify the advertised speakers and /or topics, if necessary. Any schedule substitutions or alterations will be updated on the IMEDA website as soon as possible and all registrants will be notified by e-mail.