Seminar ID

ION-2013-08-14

Date and time

Wednesday, August 14, 2013 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

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