Immigration and Criminal Lawyers Toronto, Ontario



26 Jun
2017

Canada imposes a visa requirement on Antigua and Bermuda

Posted in Immigration Law

As of 5:30 am EDT June 27, 2017, citizens from Antigua and Bermuda will need a visa to travel to Canada. At that time, any existing electronic travel authorization issued to a citizen of Antigua and Bermuda will no longer be valid.

For more information, click here.

7 Jul
2014

Interview with Chris Alexander

Posted in Immigration Law

Canada’s Minister of Citizenship and Immigration, Chris Alexander recently gave an interview regarding new immigration reforms in Russian! To watch the interview, please click here.

 

10 Apr
2014

Ontario Labour Market Bulletin March 2014

Posted in Immigration Law

Highlights:

  • Ontario Employment grew by 6,100 jobs in February 2014
  • Job gains were primarily realized in full-time employment (+5,300)
  • The unemployment rate remained unchanged at 7.5% in February 2014
  • The unemployment rate for youth aged 15 to 24 was 15.8%, compared with 16.2% in 
  • Job losses in the goods producing sector led by the constructions industry
  • Toronto led the province with 54,900 additional jobs over the past year

Check out Ontario’s March 2014 Labour Market Bulletin by clicking here.

13 Jan
2014

Judicial Rebellion

Posted in Criminal Law

Later this month, the Supreme Court of Canada will hear three cases in which judges in Ontario and Nova Scotia resisted against the Conservative government’s Truth in Sentencing Act, which bars judges from giving two days credit for each day in pre-trial custody. Currently, there is a routine practice in most provinces in which judges give 1.5 days credit to make up for such things as overcrowding and lack of programming in prisons. The Act sets the maximum credit as 1:1 but says that judges can give up to 1.5 days “if the circumstances justify it”. Judges say that circumstances nearly always justify it.

Much of this resistance to the government’s tough-on-crime strategies is meant to protect judicial discretion over sentencing. After all, judges are programmed to think independently. However, critics say judges are not following the law, which should be their main objective.

For the full story, please click here.

28 Dec
2013

How one becomes “Canadianized”

Posted in Immigration Law

In a recent decision, a Federal Court judge ruled that the intrinsic values of Canadians can only be understood by those who have spent a significant amount of time in Canada. Further, the judge wrote that being a Canadian was based on “attitudes of respect for others and a willingness to accommodate cultural, social, and economic challenges to resolve our differences”.

This was a case about a Pakistan-born medical student who was granted citizenship by a citizenship judge after spending only 150 days in Canada. This was well below the three years (in the previous four years) required under the Citizenship Act. Citizenship and Immigration appealed and the Federal Court set aside the decision of the citizenship judge. The judge asserted that the law calls for a significant physical residency requirement. Up until this point, the law was interpreted incorrectly to mean that some people could spend only a fraction of the three year residency requirement in Canada and still gain Canadian citizenship. The Federal Court asserted that Canada has a distinct character and institutions, which cannot be learned from abroad.

To read the full case, please click here.

 

25 Apr
2013

Supreme Court to hear case over whether police can use lawyers to vet incident notes

Posted in Criminal Law

On Friday, the Supreme Court of Canada will hear a case about whether police officers under investigation by a civilian watchdog can have a lawyer to help them prepare or “edit” their notes. The case revolves around the deaths of two men shot by Ontario’s Provincial Police in 2009. Police argue that they have the right to talk to a lawyer of their choosing before finalizing their notes. However, the families of the victims argue that having two sets of notes is unacceptable.

In 2011, Ontario’s top court indicated that independent officer notes are central to the integrity of the administration of the criminal justice system and the use of legal counsel to assist in the preparation of the notes would be inconsistent with the purpose of the police notes. The ruling confirmed that officers can obtain legal advice about their rights and duties but were bound to complete their notes before the end of their shifts.

Click here to see full article.

22 Apr
2013

Where are Canada’s temporary foreign workers going?

Posted in Immigration Law

In 2005, there were 140,668 temporary foreign workers admitted into Canada. This year there were 338,189 temporary workers admitted (this number is still considered preliminary). The vast majority of workers (approximately 202,000 in 2012) enter Canada through a positive labour market opinion from Human Resources and Skills Development Canada. A positive labour market opinion means that an employer was successful in showing that it needs a foreign worker to fill a job and no Canadian worker was found.

Click here for a breakdown of the types of skills these 202,000 temporary foreign workers (2012) have and the industries in which they are working in.

16 Apr
2013

Temporary foreign worker program will be reformed

Posted in Immigration Law

Stephen Harper will reform the temporary foreign worker program because it has grown too large. As a result, Ottawa will bring in new rules to ensure it is only used to fill the country’s labour shortages. Mr. Harper said that it is important that employers understand the purpose of the program  which is to provide temporary help in cases where there are acute labour shortages. There is no broader purpose than that. Mr. Harper’s concern about this program arises from recent stories that have surfaced about the ongoing controversy at RBC.

Click here to see full article.

4 Apr
2013

Supreme Court of Canada restored a multi-million damages award to a severely disabled girl

Posted in Personal Injury Law

In a ruling last Thursday, the Supreme Court of Canada restored a $3,224,000 damages award to a B.C. girl whose health was severely compromised by a birthing error. In a unanimous decision the court said that the obstetrician who attended her birth was negligent when he used forceps to aid with the delivery causing the baby’s brain to be deprived of oxygen. The obstetrician also failed to assemble a surgical team for the delivery by Caesarean section in case of an emergency.

The girl is now 15 years old and suffers from permanent spastic quadriplegia and cerebral palsy. She is confined to a wheel chair, unable to speak and fed through a tube. Her life expectancy is 38 years.

Although in this case, the obstetrician fell below the standard of care, the Supreme Court indicated that they do not suggest that a standard of care must prevent injury in all circumstances.

Click here to see full article

 

22 Mar
2013

Canadian government will tighten rules on temporary foreign worker program

Posted in Immigration Law

In an effort to deal with Canada’s unemployment issue, the federal government will push companies to rely less on foreign workers and thus hire more Canadian employees. Essentially, the government plans on connecting Canadian employees with Canadian employers.

Currently, the Temporary Foreign Worker Program allows companies to hire workers from other countries and bring them back to Canada for fairly short work periods. Theoretically, this program is meant to provide workers in instances when Canadian employers cannot find qualified local workers. However, some employers bring workers back again and again. The criticism is that companies use the temporary foreign worker program to find foreign low-cost labour.

The federal government wants to tighten up the rules to make companies hire Canadian workers first.

Some of the changes that will occur include requiring employers to advertise open jobs longer and in more places within Canada.  The government will amend the Immigration and Refugee Protection Regulations to restrict the identification of non-official languages as job requirements when hiring through the Temporary Foreign Worker Program. The federal government also plans on helping companies that rely on foreign workers to find Canadian employees, and the government will make companies pay fees to cover the processing of labour market opinions so that these costs are no longer absorbed by taxpayers.

The above changes were announced in the 2013 budget.

Click here to see full article

 

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