We start with a quick overview of how the test works. Format, requirements, and recent procedural updates. We then put ourselves on the spot with real sample questions. What follows is a mix of correct answers, educated guesses, and a few humbling moments.

Along the way, we also discuss whether the citizenship test actually measures anything meaningful, the challenges faced by applicants seeking waivers, and whether knowledge-based testing should play a role in determining who becomes Canadian.

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The decision opens with the following Supreme Court of Canada quote - "The common law system has always abhorred delay. In our system’s development of the courts’ supervisory role over administrative processes through mandamus, we see a crystallizing potential to compel government officers to do their duty and, in so doing, to avoid delay in administrative processes."

And it really drives home that allocation of resources in of itself justify delays, open ended delays are unacceptable, significant prejudice is not required, queue jumping does not in of itself preclude mandamus, and more.

Previous Borderlines podcast episodes where we discussed mandamus include episodes 57 and 117.

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With thousands of people, particularly Americans, now exploring whether they qualify for Canadian citizenship through a distant ancestor, we discuss how the law works, how to prove eligibility, and the practical challenges involved.

We also discuss the genealogy research often required to prove citizenship, archival birth records, IRCC processing issues, the interim measures, and the broader policy implications of expanding citizenship while immigration pathways tighten.

03:01 Quick recap: who qualifies for Canadian citizenship by descent under the new framework

08:27 The main challenge: proving ancestry and lineage

13:33 Situations where someone may think they qualify but actually don’t (e.g., adoption issues)

27:43 Can someone apply for a study permit or work permit if they might already be Canadian?

Audience Questions:

33:14 British subjects in Canada during WWII

35:26 What happened to the interim citizenship measures from 2024

39:36 Do families need separate citizenship proof applications for each generation?

46:06 Where to start if your Canadian ancestor was born in the 1800s

48:26 Translation requirements for Quebec civil records

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A discussion of the Supreme Court of Canada decision in Taylor v. Newfoundland and Labrador, 2026 SCC 5.

Topics discussed include the decision, s. 6 of the Charter, whether Canadians and permanent residents have a right to travel between provinces, how section 1 of the Charter can justify limits on rights, provincial nominee programs and post-landing mobility, misrepresentation concerns when intended province of residence changes and Bill C-12.

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Topics discussed include CBSA investigative priorities, removals, organized crime investigations, misrepresentation, Bill C-12, refugee claims, intelligence work, the political pressure shaping immigration enforcement, whether immigration enforcement agencies sometimes pursue “low-hanging fruit” when removing individuals from Canada, and agency culture.

Christian Lane hosts the Team 1080 podcast, which features interviews with professionals working in public safety, law enforcement, healthcare, and military roles.

2:00 Immigration investigations

6:00 Enforcement priorities

15:05 Extortion investigations

25:03 Discretion

43:34 Why CBSA ranked last among federal agencies in employee satisfaction

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A break down the new Express Entry categories announced on February 18, 2026, with a particular focus on the senior managers with Canadian work experience category.

Key topics include:

Why this category generally does not help entrepreneurs or owner-operators.

How IRCC assesses self-employment.

What it really means to be a senior manager (NOC 00).

Federal Court cases discussed on what constitutes "senior management" include Recursive Craft Inc. v. Canada (Employment and Social Development), 2022 FC 1206, and Merijohn v. Canada (Citizenship and Immigration), 2025 FC 1003.

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Lev Abramovich joins to break down what these projections actually mean and current issues with security screening.

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Topics discussed include what actually happened in Ottawa in early 2022, why existing laws were already available to address blockades, what it practically meant when the Emergencies Act was invoked nationwide, protest bands, the freezing of bank accounts and why public support for extraordinary measures can be durable.

Guest: Josh Dehaas, Interim Litigation Director, Canadian Constitution Foundation

CCF podcast: Not Reserving Judgment

Chapters / timestamps

4:38 – Setting the stage: COVID restrictions, mandates, and public frustration

11:45 – Border blockades

22:50 – What invoking the Emergencies Act meant nationwide

29:28 – Was there a coherent convoy “message”?

31:24 – Did it accelerate the end of restrictions? (Ontario vs. federal)

35:32 – What this says about Canada, public opinion, and civil liberties

40:09 – What the Federal Court / FCA held (speech, search/seizure, emergency threshold)

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In this episode Jonathan reflects on a career that took him from refugee camps in Hong Kong with the UNHCR to building a corporate immigration practices inside a Big Four firm.

Topics discussed include how EY Law scaled, serving multinational corporate clients, managing people, policy innovation, the growing role of national security in immigration decisions, processing delays, and advice for young lawyers and consultants hoping to move from individual files to corporate work.

07:20 – Building EY Law’s corporate immigration practice

16:30 – Managing people vs. practicing law

24:00 – Policy innovation and lobbying

41:30 – The state of Canadian immigration

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We are joined by economist Mikuel Scutterat for a wide-ranging and candid conversation about Canada’s immigration reset, GDP per capita, shrinking rental markets, Express Entry category draws, francophone targets, regional programs, and the political risks of a rapidly changing system, winners and losers when immigration rises or falls, why focusing on “essential workers” may be bad long-term policy and social cohesion.

03:06 – Does population size actually matter for prosperity?

10:45 – Falling rents and distributional effects

15:01 – Human capital vs labour shortages

20:39 – Are French targets distorting outcomes?

Listener Questions

32:55 – Economics of mass regularization

39:02 – Regional immigration targets

43:39 – Country caps

48:57 – Underemployment

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Topics discussed include how decisions get made and written, the role of counsel in shaping outcomes, pressures facing Canada’s judicial review system, judicial collegiality and dissenting reasons, immigration backlogs, adversarial justice, and the emotional weight of judging.

2:16 – Learning curve: trial court vs appellate court

6:31 – Does good lawyering really matter in judicial review?

19:28 – Precision in judgments & unintended interpretations

23:40 – Dissents, concurrences & shaping the law

27:17 – Should judges clarify controversial rulings later?

33:06 – Rethinking adversarial justice

49:06 – Is it easier to judge or be judged?

55:07 – Does being a judge change personal decision-making?

https://youtu.be/nJ8kM4zJLdU?si=5L4nmGJz5eaKbXAm

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Steven Meurrens and Deanna Okun-Nachoff are joined by Dr. Brian Day (orthopedic surgeon and past president of the Canadian Medical Association) to unpack how policy decisions created today’s physician and nursing shortages, why hospitals ration care under fixed budgets, and what that means for internationally trained doctors trying to build careers in Canada.

Topics discussed include the decline of family medicine, ER overcrowding, delayed diagnosis and higher long-term costs, Canadians seeking faster care abroad, credential recognition, new pathways for physicians, medical inadmissibility and more.

Follow Dr. Brian Day on X/Twitter: @drbrianday

Timestamps

02:53 — 1990s cuts

10:29 — “Rationing” healthcare

22:21 — Canadians going abroad for treatment

28:10 — Immigration meets healthcare

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Timestamps / Chapters

0:52 Looking back: how many predictions were right last year?

14:40 2026 predictions

39:46 Listener question: What will happen with caregivers?

42:28 Listener prediction: Turning asylum into a temporary pathway

46:11 Listener question: Trades vs. Francophones

52:12 Listner question: LMIA exemptions / significant benefit work permits—any expansion?

57:56 Will Canada's population increase or decrease in 2026?

Subscribe for weekly immigration law breakdowns and policy updates, and tell us: What’s your boldest 2026 immigration prediction?

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Topics discussed include what changed under Bill C-3, citizienship by descent, how far citizenship can be traced back, proving citizenship without provincial birth certificates, interim measures vs. proof of citizenship applications, processing times, urgent requests, Canadians without proof who can’t get work permits or SINs, why adoptees may still be treated differently, fraud concerns, and how many Americans may now be Canadian citizens.

We also answer live listener questions and comments, including whether Canada will now have to many new Canadians, a possible TR → PR pathway, work permit options for foreign doctors, slow processing times, Bill C-12 and Canadian immigration law predictions for 2026.

Amandeep's blog post on Bill C-3 can be found here - https://hayerlawoffice.ca/2025/11/03/no-bill-c-3-does-not-create-a-new-second-generation/

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Following our recent conversation with retired Canadian Forces member Cory Moore, we are joined by three guests from Aman Lara, a Canadian registered charity working on refugee extraction, resettlement and protection.

Jon Feltham, Executive Director of Aman Lara and retired Canadian Armed Forces member

Julia Aitken, Program & Communications Director at Aman Lara

Denis Thompson, Major-General (Ret’d), former commander of NATO Task Force Kandahar

We examine Canada’s response to Afghans who worked alongside Canadian and NATO forces, through the lens of recent Federal Court decisions that highlight how many individuals were left behind after the fall of Kabul in 2021.

We discuss:

The reality faced by Afghan interpreters, contractors, and families still in hiding

How Canada’s approach relied on “process without a plan”

The bureaucratic gaps between DND, Global Affairs, and IRCC

How veterans became de facto evacuation coordinators during the 2021 crisis

How Ukraine’s uncapped emergency program contrasted so sharply with Afghanistan

What Aman Lara has accomplished (over 7,000 evacuations and 5,800 resettlements) and why the work is far from over

🔗 Aman Lara is a registered Canadian charity.

If you’re looking for a meaningful way to support refugee protection and resettlement efforts, we’ve included a donation link here - https://www.canadahelps.org/en/dn/130744

🎧 Subscribe for in-depth conversations on Canadian immigration law, policy, and the human consequences behind the headlines.

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We discuss the most common refusal grounds they see in practice, including:

▸ Weak or incoherent study plans

Why study plans are now a top refusal ground, what officers look for, how jurisprudence has evolved, and what applicants must show to demonstrate a logical academic and career trajectory—even for minors.

▸ Dual intent, PGWP confusion, and long-term plans

How to candidly discuss the possibility of a PGWP without triggering a refusal, and how applicants can articulate return-home benefits while acknowledging genuine motivations.

▸ Financial sufficiency and unexplained deposits

Why bank statements are scrutinized more heavily than ever, how to document source-of-funds properly, and why even technical checklist omissions can sink an otherwise strong application.

▸ Family ties and home-country incentives

How IRCC evaluates “significant family ties” in and outside Canada, and why applicants should proactively explain their home-country obligations to address concerns about leaving Canada at the end of their stay.

▸ Underdocumented travel history and other overlooked factors

Simple omissions that lead to refusals—such as failing to include exit/entry stamps, prior visas, or proof of assets.

Whether you are an international student, an immigration professional, or someone following Canadian immigration reform, this episode offers practical guidance on how to build a more compelling study permit application in a challenging and tightening system.

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The cases are Sibbal v Nathyal, 2025 ABCJ 198, Roshy Skincare Clinic Inc. v Vrossis Investment Group Inc., 2025 BCSC 1769 and ICGC Immigration Consultants Group Canada Inc. v. Metro Painting Ltd., 2025 BCCRT 1466.

Topics discussed include entering into immigration fraud schemes and suing when it falls apart, contractual illegality, negligent and fraudulent misrepresentation, contractual illegality, punitive damages and the duty of honesty in professional services, what happens when someone can’t enter Canada to attend their own civil trial and whether professional regulation in Canada actually protects immigrants.

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1:00 – Correction from last episode: OINP Skilled Trades “draw” was actually a mass cancellation. Thoughts on this and Bill C-12.

10:00 – Express Entry refusals. NOC lead statements + main duties, employers not listing job duties, duties don’t match the NOC, blended NOCs.

17:00 – Should employers include percentage breakdown of duties?

26:00 – Why verbs like “assist,” “support,” “help,” or “maintain” are dangerous

27:12 – Procedural fairness: when IRCC must NOT contact you

Live Questions.

31:10 – Will CEC draws exceed 1,000 ITAs in 2025?

32:49 – Will Bill C-12 cancel Start-Up Visa and non-priority org files?

36:50 – Is IRCC looking for any reason to refuse?

37:45 – Will I get refused if my reference letter only lists 40 hours per week?

38:34 – Could Bill C-12 cancel existing PRs?

39:26 – Could TR-PR cover SUV applicants in 2026–27?

40:05 – Why are immigrants treated like clients of a company?

41:00 – Is foreign experience locked at ITA or EAPR?

42:10 – My CRS is 449 with French. Will I get an ITA in 2025?

42:56 – What if my employer refuses to list job duties?

43:15 – Will there be more education category draws?

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This episode unpacks how the Carney government has quietly layered “one-time initiatives” on top of the official levels plan, including a massive cohort of protected persons and in-Canada temporary residents transitioning to permanent residence, and why the oft-repeated topline of 380,000 PRs is misleading once you add those extra streams.

Topics discussed also include shrinking the temporary resident share of the population, the quiet rollback of francophone immigration targets, cuts to IRCC’s budget, and the rule-of-law issues when the same legal criteria suddenly produce totally different outcomes and higher refusal rates.

We also answer live listener questions on CEC, work experience across multiple NOCs, why there aren't many ITAs, the H-1B pathway, and more.

5:05 – The “math’s not mathing”: topline 380,000 vs extra 140,000 PRs

19:00 – Temporary resident caps, extensions, and the missing data

27:26 – Francophone targets quietly reduced & what that signals

33:06 – Massive rebound of the Provincial Nominee Program (PNP) in 2026

36:06 – H&C: 1,100 admissions and a 50-year backlog

37:35 – Budget cuts, IRCC HR reductions & shift to automation

43:04 – Potential new categories: researchers, senior managers, allied military

44:49 – Listener Q&A: is there hope for CEC? TR→PR vs CEC draws

48:02 – Are CEC ITAs being stalled to protect processing time stats?

49:16 – CEC work experience across multiple NOCs & “primary NOC” confusion

51:00 – Can wrong NOC coding sink an otherwise solid CEC application?

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We discuss CSIS's role in Canadian immigration screening, the increase in comprehensive background checks, how CSIS and CBSA divide up security work, the Bishnoi gang, Bill C-12, delays in applications from China, mandamus and whether Canada lacks a national security culture.

05:26 – How CSIS does immigration security screening and the dramatic increase in comprehensive background checks

10:08 – Why every citizenship application goes to CSIS for security screening

15:03 – Canada’s choices: lax screening, less immigration, more surveillance… or something else?

21:16 – Delays, disenfranchisement & back-end vs front-end screening

31:26 – CSIS vs CBSA vs IRCC: who does what in screening?

37:00 – Security vs human rights

42:01 – International students, volume and how the system can be exploited

49:04 – Timelines, CSIS capacity, and mandamus in Federal Court

Audience Questions

54:40 – Do friends and family with extreme beliefs trigger concern?

56:47 – How common is espionage in Canada?

1:02:59 – What can be done to improve transparency?

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Sadaf Kashfi is the founder of DMF Law, a Vancouver immigration & criminal-defence litigation boutique. Caroline Senini is a Partner at Peck and Company, where she practices in constitutional and regulatory matters, at both trial and appeal.

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We discuss what programs have worked and haven't over the years, applications for authorization to return to Canada, rehabilitation applications, difficult cases, what concerns Greg about the direction of immigration law. 

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Timestamps

3:12 – Maher Arar inquiry

5:41 – Niqab/citizenship-oath litigation

6:46 – Backlog cancellation class action

8:33 – Security certificates

12:13 – Pushpanathan

15:32 – Refugee health care

17:46 – The Bill of Rights and citizenship revocation

20:57 – Public opinion shift on immigration

26:49 – RPD/Federal Court backlogs and triage failures

37:07 – Federal Court inefficiencies

40:12 – Q&A: Security screening delays

49:51 – Bill C-220: should judges consider immigration consequences at sentencing?

1:00:04 – Express Entry

1:05:57 – Career advice for junior immigration lawyers

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Topics discussed include Christian's various roles, the moral stress of immigration enforcement, whether individual officers and the agency want discretion when it comes to removals, immigration background checks and security screening, the role of CSIS vs. CBSA, and why public-safety agencies struggle to advocate for themselves.

👉 Listen/Follow. Team 10-8 Podcast, Christian's amazing podcast featuring interviews with various first responders, politicians and law enforcement officials. teamteneight.com

04:19 Christian’s CBSA start as a Border Services Officer

10:12 Jump to inland enforcement, the moral compexity of removals and the mental-health toll on officers

16:45 The role of discretion in a “no-surprises” risk adverse organizational culture

31:00 CBSA Enforcement & Intelligence Operations

36:10 Comprehensive background checks—who does what

46:00 Security screening trade-offs

53:15 Transparency & public advocacy by agencies; morale and leadership

58:00 Recommended Team 10-8 episodes

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Cory in this episode shares his profound sense of Canada's betrayal of allies who placed their trust in our country, calling attention to systemic inaction and the urgent need for accountability and reform in how Canada fulfills its moral and legal obligations to those who aided its missions abroad.

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Chapter Guide

5:37 — H&C processing time range (12–600 months)

8:12 — Start-Up Visa (420 months)

11:06 — CEC/PNP targets and provincial quota adjustments

13:04 — Bill C-2 (Stronger Border Act): scope of cancellation/suspension powers

31:03 — Live Q&A

Borderlines is a Canadian immigration law podcast hosted by Steven Meurrens and Deanna Okun-Nachoff, providing in-depth analysis of immigration law, policy, and case law trends.

This episode contains general information only and does not constitute legal advice.

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2:14 2025 stats: what the data says

4:01 Cap vs. collapse in student entries

7:12 Worker levels and category context

21:37 Approval-rate declines and rule-of-law concerns

33:47 Category approval snapshots (CEC/FSW/Francophone/H&C)

38:45 Live Q&A

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What is the TFWP? Will Direct Apply meaningfully fix it?

Timestamps

1:40 Today’s focus: abolish/reform the TFWP?

7:42 TFWP vs IMP—what’s where

10:26 LMIA fundamentals: wage, recruitment, Job Bank

18:02 Direct Apply: what changes

34:32 Q&A starts

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We also delve into test case litigation at the crossroads of immigration and constitutional law. Choudhry describes factors he considers in selecting test cases, techniques for managing participants in a class action, choosing a venue (i.e. why proceed at federal vs. provincial court - ?), and factors that make issues at the nexus of immigration and constitutional law such a hotspot for strategic litigation.

Finally, we discuss Bill C-2 (currently before the House), which proposes fundamental changes to the Canadian immigration scheme (not to mention privacy law, criminal, charitable, anti-terrorism, etc). Our focus is on allegations that the law proposed may not be Charter compliant, which leads to braoder consideration of the government's decision to introduce this legislation in the first place.

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We also answer live audience questions about express entry scores, humanitarian and compassionate applications, parent and grandparent sponsorship backlogs, and more.

Timestamps:

0:17 – Introduction and overview of crim-immigration updates

1:36 – Supreme Court decision on Canada’s sex work laws (R. v. Kloubakov, 2025 SCC 25)

13:02 – U.S. convictions and IRPA section 36(2) “committing an offence” provisions

16:03 – California automatic relief and foreign spent convictions

19:08 – Supreme Court decision on youth sentencing (R. v. I.M., 2025 SCC 23) and inadmissibility

20:56 – Why youth convictions abroad still trigger inadmissibility: Flores Giron v. Canada

21:15 – CBSA officer self-investigation leads to stayed charges

23:33 – Judicial misconduct: judge misreads sentence and conceals error

33:38 – IRCC now providing refusal notes with TR applications: impact on litigation

38:05 – Political narratives around “letting criminals into Canada”

48:08 – Live Q&A

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Bill C-2's immigration provisions would:

Grant the federal government broad powers to suspend, cancel, or vary immigration documents, including permanent resident visas, permanent resident cards, temporary resident visas, work permits, study permits, and electronic travel authorizations, based on vague “public interest” criteria.

Permit the bulk suspension or cancellation of immigration and refugee applications without individual case review, raising serious concerns regarding Charter rights and judicial oversight.

Introduce major restrictions on refugee protection claims, including a one-year filing bar for those who do not make a claim within 12 months of arrival and expanded ineligibility for individuals who cross the Canada–U.S. border irregularly.

Timestamps:

0:00 – Introduction & overview of Bill C-2

6:39 – The democratic and constitutional concerns with omnibus legislation

10:28 – Government powers to cancel immigration documents and applications

27:04 – Refugee claim restrictions: one-year filing bar and ineligibility rules

33:05 – Transitional provisions and measures already in effect

40:09 – Designated representatives and capacity considerations

46:16 – Admissibility hearings, PR status questions, and enforcement abroad

51:49 – Live audience Q&A

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[1:35] What citizenship by descent means.

[3:17] Historical and current limitations, including the first-generation rule and exceptions.

[5:55] The 2023 Bjorkquist decision.

[9:49] Bill C-3.

[13:57] Interim measures.

[20:26] Debates over residency rules and comparisons to U.S. laws.

[31:00] Voting rights for citizens abroad and potential fraud risks.

[44:02] How to prove citizenship without birth certificates.

[45:43] Citizenship for displaced Native Americans, and

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A Member of Parliament from 2000 - 2017, he also served as Defence Minister under Jean Chrétien, and Veterans Affairs Minister, National Revenue Minister, Natural Resources Minister and as Chair of the Expenditure Review Committee under Paul Martin.

As Minister of Immigration, Refugees and Citizenship in Justin Trudeau’s cabinet, Mr. McCallum led Canada's effort to welcome 25,000 Syrian refugees over a period of three months. He also increased the age of dependency from 18-22, repealed conditional permanent residency and reduced family class processing times.

5:00 – The resettlement of 40,000 refugees in Canada.

22:00 – The division of immigration repsonsibilities between IRCC, CBSA and ESDC. Should they be combined?

28:00 – What goes into reducing processing times. 33:00 – Abolishing conditional permanent residence.

39:00 – Mr. McCallum’s approach to being immigration critic towards the end of the Harper era.

42:30 – The Barbaric Cultural Practices Act and the Niqab ban.

44:00 – Caregivers

48:00 – Helping as Minister on individual files.

54:00 – What goes into levels planning?

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Key topics include:

Aging Population and Immigration: Why Canada’s current immigration levels are insufficient to offset an aging population, and the implications of a simultaneously older and larger population.

Regional Disparities: How immigration disproportionately fuels growth in major cities like Toronto and Vancouver, exacerbating regional population and economic gaps.

Ethical and Practical Questions: Is it ethical to direct immigrants to settle in rural areas with limited services and opportunities? Should newcomers be expected to revitalize communities that Canadians are leaving?

Policy Trade-offs: The tension between regionalization efforts, productivity goals, and francophone immigration targets. Dr. Hiebert also touches on innovative approaches, such as Sweden’s model of using social housing to encourage regional settlement, and previews his upcoming research on the role of ethnic enclaves in Canada.

🔗 Link to Paper: https://cdhowe.org/publication/fast-vs-slow-how-different-immigration-rates-can-impact-canadas-economic-challenges-and-regional-disparities/

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0:20: Introduction to the panel and the state of Canadian immigration in 2025.

2:20: What does the recent Supreme Court decision on Pepa mean for visa holders' appeal rights?

7:40: Will Express Entry scores drop to 505 this year?

14:50: Why are healthcare and STEM categories not seeing lower scores despite shortages?

22:41: How does declaring a spouse as non-accompanying affect Express Entry applications?

36:25: Can you claim points for both Canadian and foreign work experience concurrently?

39:56: Will there be a cap on immigration from specific countries like India?

42:39: Should certain over-represented occupations be limited in Express Entry?

46:06: Does trade experience in Express Entry need to be continuous?

50:48: What are your thoughts on Immigration Minister Lena Diab’s “best and brightest” strategy and the Strong Borders Act?

54:19: Will Express Entry scores drop in the next two years, and what’s the outlook for 2027?

57:38: Could the government cancel work or study permits to meet the 5% temporary resident target by 2027?

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Topics discussed include non-accompanying spouses agreeing to or contesting divorce with prospective immigrants in Canada, practical barriers, serving legal documents internationally, getting foreign divorces recognized in Canada, annullment in the Philippines, marriages under fake IDs, and break down an actual case.

Timestamps:

0:19 - Welcome and Guest Introduction

0:52 - Diving into Messy Divorces

2:17 - How Divorce Works in Canada

5:09 - Divorcing with an Overseas Spouse

10:20 - Divorce in Countries Without Divorce (e.g., Philippines)

15:21 - Conflicts of Law in Divorce Recognition

21:56 - Case Study: Canadian Sponsor with Pakistani & Canadian Divorces

26:04 - Recognizing Foreign Divorces in Canada

34:19 - Marriages Under Fake IDs

47:30 - Marriage in Canada Without Legal Status

50:52 - Timeline for an Uncontested Divorce in Canada

56:00 - Final Thoughts & Key Takeaways

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In this episode, we dive deep into H&C applications under section 25 of Canada’s Immigration and Refugee Protection Act. Learn what H&C applications are, who can apply, and the key factors officers consider, including the best interests of children and compelling circumstances.

We discuss challenges like high refusal rates, the impact of the 2025 Levels Plan, and the importance of strong advocacy. Whether you're an applicant, practitioner, or curious about Canadian immigration, this episode is packed with expert insights and practical advice.

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Topics Addressed:

(1:49) The IRGC

(6:32) Bill C-2

(10:48) What is judicial review, and how does it differ from an appeal?

(13:30) When faced with an H&C refusal, what factors determine whether to reapply or seek judicial review?

(19:29) How do you proceed with a judicial review of a Chinook refusal when GCMS notes repeat the refusal letter?

(27:33) When should someone use mandamus, and what factors influence this decision?

(36:37) Why is there a lack of legislation to enforce compliance with federal court decisions or settlements, and how often are files refused again after judicial review?

(43:51) Is the Immigration Division’s interpretation of the law subject to judicial review?

(44:43) How long does it take to decide whether to file a judicial review?

(45:54) What’s the difference between Rule 9 and GCMS notes in preparing a judicial review?

(50:16) Can you file a judicial review for a study permit refusal from three months ago?

(52:50) Should you pursue a judicial review for an application where a reconsideration request was already made?

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Topics Explored:

Historical Context of the IRGC: Understand the origins, structure, and global activities of the IRGC, including its role in the tragic downing of Ukraine International Flight PS752.

Conscription and Inadmissibility: Learn how mandatory military service in Iran leads to Canadian inadmissibility findings for individuals performing routine tasks, such as administrative duties or even playing for government-affiliated sports teams, with no meaningful connection to terrorist activities.

Legal Framework and Challenges: A detailed analysis of Section 34(1)(f) of Canada's Immigration and Refugee Protection Act, its broad application, and the low burden of proof that disproportionately impacts conscripts, alongside ongoing federal court cases addressing the definition of “membership.”

Policy Shortcomings: Insight into the Canadian government’s rushed designation process, the absence of exemptions for conscripts, and the lack of consultation with stakeholders or training for immigration officers.

Why This Matters:This designation has far-reaching consequences, affecting thousands of Iranians in Canada who face inadmissibility rulings despite having no ideological ties to the IRGC. With no humanitarian considerations, lengthy ministerial relief processes, an

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We discuss his recent paper for the CD Howe Institute titled "Balancing Canada’s Population Growth and Ageing Through Immigration Policy."

Those who support high immigration levels often say that Canada's ageing demographics makes immigration a necessity. This conversation is a deep dive into this issue.

One thing is apparent. There are no easy solutions.

It is going to take massive increases and changes to immigration levels and policy that likely are not sustainable or politically feasible.

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We discuss whether landlords can charge temporary residents more for rent or security deposits, when a foreign worker's lease is tied to their employment, landlords discovering illegal subletting, and more.

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We discuss the Federal Court decision in Talukder v. Canada (Public Safety and Emergency Preparedness), 2024 FC 1489. 

Is inadmissibility for membership in a terrorist organization too broad? 

Is the Bangladesh Nationalist Party a terrorist organization? 

What about Samidoun?

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Arsheep Kahlon joins to discuss the key elements of how this argument works.

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Martin is part of Build Canada, an organization that helps Canadian entrepreneurs share their ideas for a bolder, richer, freer country.

We discuss Martin's proposal Great People, Greater Canada: A Talent First Immigration Strategy for Canada, which contains specific proposals to reposition Canadian immigration law, and particuarly its economic class, as one focused on bringing the best talent to Canada, rather than other political considerations that currently seem to be prioritized. 

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Prior to the case, in Saskatchewan’s provincial correctional institutions, inmates charged with disciplinary offences had to appear before a disciplinary panel, where the standard of proof was a balance of probabilities, even for major offences that may result in up to 10 days of disciplinary segregation or the loss of up to 15 days of earned remission.

The Supreme Court found that this violated sections 7 and 11(d) of the Charter, and held that to the extent that the law permitted the imposition of disciplinary segregation and loss of earned remission for an inmate disciplinary offence on a lower standard of proof, it is inconsistent with the Constitution and must therefore be declared to be of no force or effect.

As noted by the dissent, the case could have implications for Canadian immigration law.

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We also discuss the ongoing saga about changes to the law and policy regarding citizenship by descent.

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We discuss what the various Liberal leadership candidates have pledged regarding Canadian immigration policy, with a focus on Mark Carney and a speech that he gave to the Century Initiative.

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In October, 2024, Quebec announced that it was limiting the number of foreign nationals invited from any one country in its Regular Skilled Worker Program to 25%.

In February, 2025, Marc Miller said that Canadian post-secondary institutions need to be more diverse in their recruitment, noting that there would always be applicants from India.

India is by far the number one source country of immigrants to Canada.

How likely is it that Canada will cap applications from India? Should they?

@3:00    Marc Miller recently commented that “there will always be applicants from India.” Is this true?

@7:00    The data on top source countries for new immigrants to Canada and why India does so well.

@11:00 Why are so many people seeking to leave Canada? Has Canada lived up to their expectations? Is there a difference in the likelihood of success of immigrating to Canada vs. the United States?

@20:00 Thoughts on restricting and capping immigration based on country of citizenship.  

@32:00  Audience comments on capping immigration. 

I note that in the episode both Steven and Kubeir refer to the removal of STEM and Tech occupations as priority occupations in Express Entry. Not all STEM and Tech occupations were removed, however, major ones like Software Developers, Web Designers and Software Engineers were.

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Cases discussed include Gennai v. Canada (Citizenship and Immigration), 2017 FCA 29 and Goel v. Canada (Citizenship and Immigration), 2025 FC 275.

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The Vietnamese Boat People were refugees who fled Vietnam by sea after the fall of Saigon in 1975, escaping communist rule and persecution. Over one million people would flee. Several hundred thousand would perish due to storms, starvation, pirate attacks, and overcrowded boats. In response to the humanitarian crisis, Canada would introduce its private refugee sponsorship program, and resettle tens of thousands of Indochinese.

Misty's website for the project is thetungan.com. She would love to hear from anyone who was on, or whose relatives were on, the Tung An.

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Towards the end of episode #110 Martin commented that he thought the immigration consultant profession shouldn't exist. Steven said that this was a huge topic and probably deserved its own episode.

In this episode Martin explains why he believes that Canada should abolish the immigration consultant profession. Steven and Deanna disagree. Numerous arguments and counter arguments are discussed.

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Audience submitted questions that we discuss include:

1. Is it illegal for employers to not provide reference letters necessary for immigration purposes or to charge their employees for them?
2. Is it illegal for employers with foreign worker employees to not apply for LMIAs to try to extend their employees' employment?
3. Can employers distinguish between Canadian citizens, permanent residents and foreign workers when hiring? 
4. Can an employer not hire a foreign national or asylum claimant if they are likely to be deported? 
5. Is it ok for an employer to ask if someone is an asylum claimant? 
6. If an employer learns that an employee is without status - and the employee lied to them - can they legitimately refuse to pay the employee out for work completed during this time? 
7. If in order to meet prevailing wage an employer increases the wages of all of their LMIA-based TFWs, is it discrimination to not also increase it for their permanent resident or Canadian employees? 

We also discuss the Ontario Court of Appeal decision in Imperial Oil Limited v. Haseeb, 2023 ONCA 364, upheld a Human Rights Tribunal decision that it was a breach of human rights for an employer to fire an employee because of their temporary resident status.

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As well, Steven offers his unimpressed thoughts on Marc Miller's recent statement in response to complaints about huge decreases in provincial nominee quotas that “Provinces and Territories that are willing to work in a responsible manner with Canada, including playing a role in taking on asylum seekers, will have an opportunity to regain coveted Provincial Nominee spots.”

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The move more than reversed a December 2, 2022, announcement that IRCC would be allowing most spouses of workers in Canada to obtain open work permits because, according to the government, it would "improve the emotional well-being, physical health and financial stability of workers by keeping families together" and that the "worker will better integrate into their overall work environment and community."

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We discuss the economics of Canada's plan to reduce its population, and specifically that 1,000,000 - 2,000,000 foreign students and workers will leave Canada from 2025-2027. Topics include impacts on GDP per capita, unemployment, housing and more.

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We discuss the current situation international students are facing, the gaslighting over whether they were told that being a student would likely lead them to permanent residency, how post-graduate work permit holders in British Columbia are taking leaves of absence to study French, international students claiming asylum, and more.

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After that episode several listeners asked us to expand on the topic.

The scenario, and what is occuring, is this.

A family enters Canada, with the parents receiving three-year work permits and the children granted three-year visitor records.

After one year, the family travels abroad for a month. Upon their return, the Canada Border Services Agency stamps the children's passports but does not issue new visitor records or indicate an extended stay.

Before the parents' work permits and the children's visitor records expire, the family applies to extend their status.

IRCC approves the parents' work permit extensions but informs the family that the children's visitor records were automatically canceled when they left Canada. IRCC explains that upon re-entry, the children were only granted a six-month stay because CBSA did not issue new visitor records or mark an extended date in their passports.

While the parents' new work permits are approved, the children are ordered to leave Canada.

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We discuss options and factors to consider for Americans wanting to move to Canada.

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In 1972, Ugandan dictator Idi Amin ordered the expulsion of nearly 80,000 Asians, predominantly of Indian descent, giving them just 90 days to leave the country. Many of these individuals, whose families had lived in Uganda for generations, were stripped of their assets and forced to flee. Canada, under Prime Minister Pierre Trudeau, was one of the countries that responded by welcoming approximately 7,000 Ugandan Asians.

Meera Thakrar is a Partner at Larlee Rosenberg, Barristers & Solicitors. Her father was one of the Asian Ugandans expelled by Idi Amin.

Shezan is continuing to collect the oral histories of Ugandan Asian expellees as part of a study. If you would like to share your story with him please contact ShezanMuhammedi@cunet.carleton.ca 

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We discuss the path to becoming a judge specializing in national security, the unique physical environment of working on such cases, and the security provisions within Canadian immigration law. Other topics include delays in processing, abuse of authority, CSIS, mandamus applications, the art of decision writing, and the importance of diversity on the bench. 

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This episode contains an overview of the history of national security law in Canada, starting with the MacDonald Commission and the October Crisis of 1970, the formation of the Canadian Security and Intelligence Service, the Air India bombing, the Arar Inquiry, 9/11, and Bill C-51.We also discuss the roles of CSIS, the Communication Security Establishment, the Royal Canadian Mounted Police, and the Canada Border Services Agency, in administering Canadian national security legislation.Finally, Professor Roach provides an in depth analysis of several controversial elements of the previous Conservative Government of Canada's Bill C-51, and the current Liberal Government of Canada's response under Prime Minister Trudeau.Kent Roach is a Professor of Law and the Prichard-Wilson Chair of Law and Public Policy at the University of Toronto. He is a Member of the Order of Canada and is considered to be one of the foremost experts on national security legislation in Canada.

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We also answer multiple requests to comment on the Canadian Immigration Lawyers Association recent statement that immigration consultants should be restricted to working for lawyers.

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The conversation focuses on the tension between these broad government directives -- which respond (in part) to negative comments made by the United Nations Human Rights Council in their rather damning report on Canada's temporary foreign worker program, and actual immigration policy as it is evolving in recent months. This brings us back to a general conversation about Canada's plans to reduce permanent resident quotas in the upcoming year, and to deal with the numbers of temporary foreign workers and students who will find themselves unable to extend their status when their current permits expire.

Also referenced in the recording: this article from the CBC.

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Ajaypal Singh Ahluwalia is an Associate at Godwit Law Office.

We discuss restoration of status and Temporary Resident Permits (TRPs). Topics include how people fall out of status, eligibility for restoration of status, restoring to post-graduate work permits, removal during the restoration period, restoration of status and permanent resident applications, TRPs, when to recommend a TRP vs. leaving the country, processing delays and the 2025-2027 immigration levels plan.

We then shift gears and discuss the experience of recent immigrants, including Ajaypal, in finding employment in Canada, and whether Canada is meeting the expectations of recent arrivals.

Cases discussed are:

*Udobong v. Canada (MCI), 2018 FC 234 (CanLII)

-and -

* Toure v. Canada (Public Safety and Emergency Preparedness), 2014 FC 1086 (CanLII)

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A significant part of Doug's practice involves helping refugees and protected persons navigate and defend against "cessation" applications. Cessation applications can strip refugees of their refugee status, as well as Canadian permanent resident status, if it’s found that they no longer need protection, based on specific grounds, including: (1) Choosing to return and seek protection in their home country, (2) Regaining their original nationality voluntarily, (3) Gaining a new nationality that offers them protection, (4) Reestablishing themselves in the country they once fled, or (5) No longer facing the threats that led them to seek asylum in Canada in the first place.

Our guest sheds light on these complex processes, breaking down the legal challenges and sharing insights on how individuals facing these risks can protect their status in Canada.

For a more detailed perspective from Doug, we highly recommend his article in the Canadian Association for Refugee Lawyer (CARL) Review, Vol. 1, No. 1 (https://www.canlii.org/en/commentary/doc/2023CanLIIDocs405), starting at page 43. To read the legislative amendments referenced by Doug in this episode, see here: https://www.parl.ca/documentviewer/en/41-2/bill/C-60/first-reading. 

On the closing conversation about claiming CPD points, we are currently looking into the new LSBC requirements and will post on LinkedIn once we have a definitive answer.

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We discuss the key findings of that study -- namely, that:

• In fast-growing small and mid-sized Canadian cities, small and medium-sized enterprises (SMEs) in multiple sectors identified skill shortages as their most common employment challenge.
• SMEs are using practical and inclusive strategies to evaluate newcomers’ education and experience, but they rarely intentionally reach out to newcomers or work with immigrant‑serving agencies during recruitment and onboarding.
• SMEs prioritize English/French language skills, particularly spoken communication, when hiring immigrants. Language skills are particularly important in client-facing roles or those involving safety regulations.
• Negative experiences and limited understanding of immigration processes discourage SMEs from engaging with the immigration system.
• Affordable housing and access to public transit and child care compound labour market challenges for both job-seeking immigrants and SMEs looking to hire and retain talent.

We also discuss her recommendations.

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This episode orginally aired on October 28, 2016.

A discussion of the role of immigration on the Vancouver housing market.

Tom Davidoff is an Associate Professor at the University of British Columbia's Sauder School of Business. He is frequently cited in the Vancouver media as being an expert on Vancouver's housing market, and was part of a team of nine academics who created the B.C. Housing Affordability Fund proposal. He can be found on Twitter @TomDavidoff

David Eby is the Member of the Legislative Assembly for Vancouver-Point Grey, and was previously the Executive Director of the British Columbia Civil Liberties Association. He is a passionate advocate for making Vancouver a more affordable place to live. He can be found on Twitter @Dave_Eby

The questions that we discussed in the podcast are:

What has been going on in the Vancouver housing market?

How fast have prices been rising? Is there evidence that foreign investment / foreign funds has been the cause of the increase in Vancouver housing prices?

What data is there regarding the amount of foreign home ownership in Vancouver?

What is the property transfer tax, and what are the new rules on how it applies to foreign buyers?

Is there evidence that high housing prices impacts the rental market? Does it matter if the landlord is a Canadian or a foreigner?

Why should high housing prices matter? Why should people think that they should be able to live in a market that they cannot afford?

Should we move beyond the paradigm of valuing single detached homes? What role do international students play in the increase in housing prices?

Does the fear of being accused of racism prevent government from addressing the issue of high prices?

Is real estate such an integral part of the British Columbia economy such that high prices are now "too big to fail?"

Should we move beyond the paradigm of valuing home ownership?

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1:20       Mike's speech to the Liberal Cabinet in August 2024 re. the impact of the Temporary Foreign Worker Program (TFWP) on housing.

5:15       Mike’s thoughts on recent changes to the TFWP.

6:45       What is the impact of the Temporary Foreign Worker Program on housing in Canada?

8:00       Discussion re. zoning and development fees.

13:00    What level of immigration would be ideal in order to reduce the impact on housing?

18:30   Consequences of promoting pathways to PR for international students.

24:00    Are recent changes to Canada’s international student program the end for private colleges?

28:00    Is the recent decline in rents attributable to the international student program changes?

34:00    Should there be a hard cap on Canada’s foreign worker programs? Also discussion re. stats manipulation.

48:00    Distinctions between new foreign workers and companies trying to retain existing ones.

54:00    How does Mike respond to allegations that he is anti-immigrant. 

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1:30 – The story behind Jason Kenney showing up unannounced at a CBA Immigration Law conference.

4:30 – The difficulties of being an immigration minister and Minister Kenney’s relationship with the bureaucracy and Deanna’s thoughts on Jason Kenney’s tenure.  

9:30 – Marc Miller’s attempts to introduce a program to regularize the status of undocumented workers, and his public statements that he was overruled by Cabinet.  

16:20 – Prime Minister Harper’s teenager looking for work and the overnight imposition of the 2014 moratorium on new LMIAs in the Food Service Sector.

23:00 – Record immigration levels, wage suppression, the collapse of the general consensus on immigration, and whether Canada’s record population growth was deliberately planned or unintended.

32:15 – The introduction of Ministerial Instructions.

37:30 – Diploma mills.

41:00 – What the scariest thing Jason Kenney did as Minister.

44:15 – Ending the ability of people to simultaneously claim asylum and submit an H&C application, and soaring asylum claim numbers.

49:50 – Is there anything Minister Kenney wishes he had used the notwithstanding clause on and revisiting the 1951 Refugee Convention.

57:15 – Advice to people who are disillusioned with politics.   

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The Honourable Chris Alexander served as Canada's Minister of Citizenship and Immigration Canada from July 2013 to November 2015. He represented the riding of Ajax—Pickering in the House of Commons of Canada from 2011 to 2015. Prior to that spent 18 years in the Canadian Foreign Service, serving as Canada's first resident Ambassador to Afghnistan from 2003 - 2005. Subsequent to being an Member of Parliament he ran for the leadership of the Conservative Party of Canada.As Minister of Citizenship and Immigration Canada, Mr. Alexander presided over the launch of Express Entry, the termination of the Immigrant Investor Program and the introduction of the Barbaric Cultural Practices Act, which prohibited forced and underaged marriages.

#5:09 – If there was one misconception about Canadian immigration law that Minister Alexander would like to change what would it be?

#15:00 – Bill C-24 and the revocation of citizenship for dual nationals convicted of high crimes.

#16:00 – Whether there was a strong anti-fraud and anti-exploitation mandate during Minister Alexander’s time as Minister.

#22:00 – Combatting forced marriages.

#23:00 – Preventing foreign worker abuse by sanctioning the employers who abuse them.

#26:00 – The Barbaric Cultural Practices Act36:45 – Ending the Immigrant Investor Program

#41:45 – Entrepreneurial immigration and self-employed program.

#49:00 – Points inflation in Express Entry and the increased demand for Canadian immigration.

#52:30 – The launch of Express Entry55:30 – Moving towards online applications

#57:15 – What it was like following Jason Kenney as immigration minister, and the challenges posed, if any, by Jason Kenney retaining the multiculturism portfolio, as well the immigration minister sharing immigration responsibilities with HRDC and the Minister of Public Safety.

#1:02 – The role the Prime Minister’s Office played with immigration.

#1:05 – Mr. Alexander’s immigration platform when he ran for the leadership of the Conservative Party of Canada in which he called for an increase in immigration, and whether he pushed this view when he was Minister.

#1:10 – The importance of Canadian immigration and populism.

#1:15 – Open work permits on demand for people from visa exempt countries.

#1:18 – The need for immigration to adapt to changing circumstances and system racism.

#1:22 – When Minister Alexander would intervene on specific files.

#1:25 – If Minister Alexander were giving advice to a future Minister of Immigration what would the advice be?

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Amandeep's article in the Toronto Star about Bill C-71 can be found here.

Bill C-71 can be found here.

Cases discussed include Bi v. Canada (Citizenship and Immigration), 2012 FC 293.

Amandeep Hayer is an immigration lawyer at Hayer Law, based out of Vancouver. Lisa Middlemiss is an immigration lawyer at Middlemiss Immigration Law Inc, based out of Montreal.

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We discuss how record refugee flows are impacting politics in both Canada and the United States.

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We discuss the United Front, foreign interference in Canada, Canadian enforcement issues, IRCC casting a wide security screening net that seems to encompass all Chinese with STEM backgrounds, Parliamentarians allegedly involved in collusion with foreign governments, international students voting in nomination ridings, the Overseas Chinese Affairs Office, 3/PLA and whether things are improving.

Published cases involving inadmissibility to Canada due to membership in either the United Front or the Overseas Chinese Affairs Office include Meng v Canada (Public Safety and Emergency Preparedness), Zhang v Canada (Public Safety and Emergency Preparedness) and Gao v. Canada (Citizenship and Immigration).

Li v. Canada (Citizenship and Immigration), 2023 FC 1753 is the decision in which the Chief Justice of the Federal Court expanded the definition of espionage to include those who may be coerced by China into providing information.

The past Borderlines episode where we mentioned Lai Changxing can be found here.

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Topics include what flagpoling is, when one should flagpole vs. applying for a visa online, misrepresentation, how judicial reviews work and advocacy strategies and tips.

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We discuss spousal sponsorship applications and appeals, showing that a relationship is genuine, arranged marriage, the primary purpose of a marriage, interview preparation, how Immigration Appeal Division appeals work, interpretation issues, in person hearings vs. remote, res judicata and inconsistencies in a relationship history.

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We discuss various types of US visa refusals, including administrative processing and ESTA cancellations, and the uncertainty in Canadian immigration law of whether these constitute refusals that need to be disclosed in applications. Also covered are denials of entry to the United States, with a particular focus on what actually happens at US Customs and Border Patrol when someone flagpoles.

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Cases include Toor v. Canada, 2024 FC 1146 (restoration), Chung v. Canada, 2024 FC 1218 (misrepresentation when a degree is obtained through plagerism), Abdool v. Canada, 2024 FC 1172 (misrepresentation and involuntary cancellations of US entry attempts), and Alohan v. Canada, 2024 FC 1122 (reconsideration requests).

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Topics include whether Canada needs caregiver programs, open work permits, permanent residence right away, caregivers leaving the occupation after getting permanent residence, processing delays and more.

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Jonathan Braun and Amanda Aziz are lawyers who work at the Migrant Workers Centre, an organization in Vancouver that promotes and advances access to justice for migrant workers by providing legal services, advocacy, research, public education and engaging in law and policy reform initiatives.

Juliana Dalley is a lawyer at the Immigration and Refugee Legal Clinic, the only legal clinic in British Columbia specializing in immigration and refugee maters.

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We discuss Chinook, AI triage and IRCC's Integrity Trend Analysis Tool.

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We discuss her recent book, The Walls Have Eyes Surviving Migration in the Age of Artificial Intelligence.

Topics include the use of technology at borders, surveillance, the role of the private sector, the border industrial complex, Palantir and other companies, whether countries may withdraw from refugee conventions, ankle monitoring, UNHCR camps, the Belarus-Poland border, and more.

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We discuss the impact of immigration on housing prices, foreign workers, lumping Francophone migration objectives under economic immigration, international graduates facing barriers to immigrating and more.

Mikal's previous appearance on Borderlines can be downloaded here.

The former immigration minister interviews that Mikal mentions include Chris Alexander, John McCallum and Sergio Marchi.

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Cheryl Robinson is an immigration lawyer in Ontario.

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Connie Campbell is an immigration lawyer at Edelmann & Co.

We discuss the law of prostitution / sex worker in Canada in the criminal context, restrictions on foreign nationals finding employment in industries such as massage parlours and strip clubs and whether foreign nationals can set up Only Fans accounts.

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We discuss ongoing security screening delays at IRCC, particularly for Chinese and Iranian nationals, mandamus applications, the expanded definition of espionage in Canadian immigration law, and how recently legislation to combat foreign interference in Canada may further hinder access to justice.

Previous episodes discussing this growing issue include Episode #85 and Episode #96.

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We discuss locally engaged staff, reconsideration requests, recording visa office interviews, IRCC office politics, visa officers as police officers vs. social workers, rude lawyers and whether people should join the civil service.

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In this episode Kyla answers dozens of questions about common driving offenses, including impaired driving and dangerous driving. Topics include how these offenses work, roadside prohibitions vs. criminal charges, defenses to impaired driving charges, distracted driving and more.

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The episode explores Order in Council PC 1911-1324, scientific racism, homesteading, Wilfred Laurier's term as Prime Minister, the 1911 Canadian election, the situation in Oklahoma that caused black people to migrate to Canada and more.

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This episode is like reading the results of an Access to Information Act on how IRCC works, and then asking questions of the person who wrote it. We discuss the culture at IRCC, whether artificial intelligence will improve decision making, whether visa officers should have more discretion, budget cuts and training issues and how the biggest obstacle to meaningful change at IRCC might be the Treasury Board.

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a) vicarious trauma and compassion fatigue;

b) the importance of self-care in running a trauma-informed practice;

b) strategies for identifying trauma (in yourself and your clients);

c) tools on how to "get present," and ideas for how to help your client get there too

Thank you again, Deborrah for all of your precious time!

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Our guests take us through a "Trauma 101" style overview of PTSD, C-PTSD and the neurobiology of trauma. We also start in on a discussion of "tips and techniques" for trauma-informed lawyering. Regrettably, we had to lose Dr. Dunne toward the end of the episode (because our discussion went on for too long). Happily, we have undertaken to produce a "part 2" episode with Dr. Dunne's further thoughts on how to work with traumatized clients. Central to that conversation will be a discussion of how advocates should address their own trauma (including vicarious trauma) to set the stage for "optimal engagement" with their clients. Look out for that episode in the days to come! And please subscribe to our channel and send any comments/questions/suggestions for future consideration.

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We dive into Canadian customs law for individuals, examining the procedures and rights that Canadians have at the border around the seizure of goods, the imposition of administrative monetary penalties and loss of NEXUS. We discuss the consequences of violating customs regulations and how to challenge CBSA decisions.

After, Sam shares his view on why eliminating the distinction between immigration and tax status could unlock significant revenue gains for the government.

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Carl Brault worked for almost twenty years at the Canada Border Services Agency. His roles included Border Services Officer, Intelligence Analyst and Inland Enforcement Officer. He currently provides consultation services to authorized immigration representatives and can be reached at cb-advisingservices@outlook.com.

3:00Working as a summer student as a Border Services Officer.

6:30September 11, 2011

9:50What kind of training does a CBSA officer receive before they start working at the border?

18:10Working as a CBSA Intelligence Analyst

21:30Working as an Inland Enforcement Officer

25:00Is CBSA understaffed or overstaffed?

28:30Level of autonomy officers have in deferral requests.

38:30What should lawyers or individuals do when making deferral of removal requests?

42:30The ability of CBSA to make positive decisions by not acting.

48:30What is the difference in culture across different offices?

51:15What are examples of where counsel harms their clients cause at CBSA?

54:00Do CBSA officers care about how lawyers are dressed?

56:30Has the attitude towards removals at CBSA regarding removals gotten more rigid?

1:05:00Do CBSA officers want more discretion when it comes to removals

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Gerald's paper on text message privacy can be found here.

Specific cases include:

R. v. Bykovets, 2024 SCC 6 (whether police need warrant to obtain IP address)

R v. Marakah, 2017 SCC 59 (whether police need warrant to obtain text messages)

R. v. Spencer, 2014 SCC 43 (online anonymity)

We also discuss the intersection between privacy law and immigration law, including when CBSA can search electronic devices, and invasive requests for documents. .

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We discuss inadmissibility for organized crime and answer a question about whether we think that law societies should screen lawyers for Islamophobia or anti-Palestinian sentiments.

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We discuss Corey's immigration career, the importance of overseas offices, refusing applications, the importance of individual personalities in the visa processing process and things that Corey believes members of the public or applicants should understand about the role of visa officers.

We also answer a recent question about what our thoughts are regarding Immigration, Refugees and Citizenship Canada's 2023 Temporary Public Policy to bulk waive eligiblity requirements to clear the temporary resident visa backlog, and the 19,000 refugee claims that resulted by the end of 2023.

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Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 was a landmark 2019 Supreme Court of Canada decision in which the Supreme Court of Canada outlined a new framework for the standard of review in Canadian administrative law.

The episode begins with a discussion between Steven and Robert Denay about how the standard of review works. Deanna and Steven then discuss how Vavilov could impact immigration law and practice.

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The Express Entry points requirement is currently higher than it has ever been. In this episode we discuss when they are likely to decrease.

We also discuss a recent Ontario court decision which struck down Canada's two generation limit on citizenship by descent.

Finally, Steve recently listened to a podcast which stated that the following are five signs that a lawyer is not taking their practice seriously. They are: (1) the lawyer answers their own phone rather than having calls go through a receptionist, (2) they use a non-professional e-mail account like gmail, (3) they meet potential clients at coffee shops, (4) they lower their fees when pressured, and (5) they have many practice areas. We also discuss not having a website, Law Society sanctions and Google reviews.

00:00 - Introduction and Express Entry

28:00 - Ontario decision striking down citizenship by descent limitation

37:00 - Are these signs that a lawyer is not taking their practice seriously?

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Canadian immigration legislation states that adoptions that can lead to immigration must create a legal parent-child relationship and sever the pre-existing legal parent-child relationship.Many Islamic countries have adoption, or guardianship, regimes based on kafala law, by which adoptive parents become the sponsor or guardians of a child, but the pre-existing legal parent-child relationship is not severed. As a consequence, adoptions from many Muslim countries are not recognized under Canadian immigration law. Warda has launched a Charter challenge to change this. 

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In this episode we discuss statelessness, which is when someone does not have citizenship in any country because of the operation of law.

We discuss how people can become stateless, citizenship revocation, the Federal Court of Appeal decision in Budlakoti, how lack of documentation can lead to lack of citizenship, challenging statelessness, and more.

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In January 2024 Justice Crampton, the Chief Justice of the Federal Court released a decision where he ruled that what constitutes “espionage” in Canadian immigration law must evolve “as hostile state actors increasingly make use of non-traditional methods to obtain sensitive information in Canada or abroad, contrary to Canada’s interests.”

He held that it was reasonable for a visa officer to determine that a prospective Chinese PhD student, Mr. Li, was inadmissible to Canada for espionage because he may in the future be targeted and coerced by the Chinese government into providing information that would be detrimental to or contrary to Canada’s interests. There was nothing to suggest that Mr. Li has a present or future intention to provide such information to the Chinese government. Rather, the concern was future coercion or co-opting.

Later that month, the Government of Canada’s announcement of a New Policy on Sensitive Technology Research and Affiliations of Concern (the “Policy”). The Policy included the publishing of a list of around 100 research organizations and institutions in China, Russia and Iran that pose “the highest risk to Canada’s national security due to their direct, or indirect connections with military, national defence, and state security entities.”

In this episode we discuss these two developments, and what it means for prospective immigrants, with a focus on China. 

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In this episode, we are taking a break from immigration and discussing defamation law, which is the law around communications about a person that tends to hurt their reputation. We are focusing on one of the defenses to defamation lawsuits, which is Strategic Lawsuit Against Public Participation, or SLAPP. Many provinces, including British Columbia and Ontario (and if you have watched the Jon Oliver episodes, many jurisdictions in the United States) have anti-SLAPP laws designed to encourage public discourse about matters in the public interest.

Mr. Judson recently represented the plaintiff in Rainbow Alliance Dryden et al v. Webster, 2023 ONSC 7050, where the Ontario Superior Court of Justice had to determine if using the term "groomer" to refer to members of the 2SLGBTQI and drag community attract the protection of Ontario's anti-SLAPP laws.

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In this episode, we discuss IRCC's response to the crisis in Israel, the West Bank and Gaza. Details of the program that is the subject of our discussion can be found on IRCC's website at canada.ca/en/immigration-refugees-citizenship/services/israel-west-bank-gaza-2023/canada-tr-measures.html.

Our discussion focuses on the temporary measures in place for Palestinians who live in Gaza, and are seeking to reunite with a Canadian citizen or permanent resident relative who lives in or intends to live in Canada. In addition, we discuss the open work permits for Israelies, comparisons between Gaza and Ukraine, consequences of Canada abiding by a possible ICJ ruling that Israel comitted genocide, antisemtism and more.

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In this episode we discuss Canada's business immigration programs, including a history of the Immigrant Investor Program and Entrepreneur Program, the current Start-Up Visa Program, and difficulties that entrepreneurs face in coming to Canada to start businesses.

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We discuss the Federal Court decision in Sidhu v. Canada (Public Safety and Emergency Preparedness), 2023 FC 1681.

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The Supreme Court of Canada's decision clarified the interpretation of "inadmissibility on security grounds" under section 34(1)(e) of the Immigration and Refugee Protection Act (the "IRPA"). The Court ruled that to deem someone inadmissible under this provision, there must be a direct link between the acts of violence committed and a threat to national security. This decision overturned a Federal Court of Appeal which had permitted a broader interpretation that did not require such a link to national security.

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Her Twitter is @JennyKwanBC

2:30 – 16:13 – We talk about Bill C-6, the Liberal Government of Canada’s reforms to Canada’s Citizenship Act. Ms. Kwan both talked about what she likes and dislikes about Bill C-6. A specific concern that she has includes the procedural fairness afforded to those facing citizenship revocation due to misrepresentation. During this portion of the discussion we also briefly discuss the topic of language testing requirements for grants of citizenship, which Ms. Kwan believes is too stringent.

16:13 – 31:48 – Ms. Kwan explains that one thing that she hopes is urgently changed in Canadian immigration law is the current situation involving the cessation of refugee status. Ms. Kwan has introduced into Parliament Bill C-294, which calls on the government to end the automatic loss of permanent resident status when a refugee’s status as a protected person is revoked.

31:48 – 40:37 – Another topic that Ms. Kwan is passionate about is whether the Canadian government should let American war resisters / dodgers / conscientious objectors remain in Canada. Jenny believes that they should.

40:37 – 55:23 – As a member of the House of Commons Standing Committee of Citizenship and Immigration, Ms. Kwan shared her thoughts on whether certain vulnerable groups should be given immediate, and some would say preferential, access to refugee resettlement in Canada. Jenny proposed five actions that she believes Canada can immediately take.

55:23 – 1:03:08 – Peter and Steven discuss about Ouedraogo v. Canada (Public Safety and Emergency Preparedness), 2016 FC 810. In this case the Federal Court determined that an individual can be removed from Canada both during the 90 day restoration period and that they could be removed even after they have applied for restoration.

1:03:08 – 1:05:51 – Peter briefly mentions the BC Supreme Court decision in R v. Nuttal, 2016 BCSC 1404. This case involves a stay of proceedings being ordered after the court determined that police had entrapped two individuals into attempting to bomb the BC legislature. 1:04:41 – Finally, we wrap up by briefly talking about Pokemon Go.

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00:30 – 8:39 – We discuss how immigration policy in general has changed under the Liberal government, with a specific emphasis on the Liberal’s repealing the portions of Bill C-24 which revoked the Canadian citizenship of certain individuals convicted of certain offences related to national security.

8:39 – 19:03 – The conversation shifts to Donald Trump, BREXIT, and whether Canada under the Liberal government is bucking an international trend towards increased protectionism.

19:03 – 25:06 – In discussing immigration policy under the new Liberal government, we note that unlike under the Conservatives, where Jason Kenney seemed to be directly or indirectly responsible for all government departments related to immigration law, the Liberals are providing autonomy to the Ministers of each Ministry, and what impact that this may have.

25:06 – 38:50 – Peter Edelmann leads off a discussion on Immigration, Refugees and Citizenship Canada’s current consultations regarding immigration levels planning in Canada. The discussion becomes a very philosophical one about whether centralised planning is necessary, what Canada’s population should be, and how Canada attempts to meticulously control permanent resident numbers while at the same time does not have an overall plan for how many temporary residents are admitted.

38:50 – 41:25 – Steven Meurrens provides a case summary of Sendwa v. Canada (Citizenship and Immigration), 2016 FC 216. In this decision the Federal Court greatly broadened the ability of Canadian permanent residents and citizens to sponsor their relatives. Canadian immigration law provides that a relative of a sponsor, regardless of age, can be sponsored by a Canadian citizen or permanent resident, if that sponsor does not have a spouse, a common-law partner, a conjugal partner, a child, a mother or father, a relative who is a child of that mother or father, a relative who is a child of a child of that mother or father, a mother or father of that mother or father or a relative who is a child of the mother or father of that mother or father. Traditionally IRCC interpreted this as requiring that the Canadian sponsor not have a living spouse, child, parent, grandparent, etc. However, the Federal Court clarified that this is too stringent, and instead stated that the law only requires that the Canadian sponsor not have a sponsorable child, parent, grandparent, etc. The distinction will likely be important for Canadians who either do not meet the income requirements for the parents and grandparents program, or whose parents may be medically inadmissible.

41:25 – 53:16 – Deanna Okun-Nachoff comments on how John McCallum, Canada’s Minister of Immigration, Refugees and Citizenship Canada, recently committed to “getting rid of silly rules.” She discusses some of the rules that she finds silly, including the Temporary Resident Permits issued to victims of human trafficking, and numerous quirks of Express Entry.

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