Letter to My Sister (in Law): A Reflection on Male Toxicity and Male Privilege in the Profession
The below piece was inspired by a recent experience in an Inland Spousal Sponsorship interview. In a moment of empowerment, I decided to step in for the Officer and question my clients, in a manner that went beyond my ‘courtesy’ role as counsel. I reflected on the power/historical dynamics that led me to believe that […]
Reasonable Apprehension of Bias in Immigration/Refugee-Related Decision Making: High Thresholds and Reticent Engagement
In this long read, I thought it would be interesting to tackle an area I am quite interested in – the legal concept of ‘reasonable apprehension of bias’ and how it applies to Federal Court decisions where counsel are raising this argument. I focus this piece on Federal Court decisions issued in 2018 (one is […]
IRCC Clarifies Actively-Pursuing Studies Requirement – January 2019 Update
On 7 January 2019, IRCC updated their study permit program instructions to include more clarity on the actively pursuing studies requirement. See link here: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/assessing-conditions.html#completion-courses There’s a lot to unpack but here’s a few points worth noting: Discretion to IRCC – re: Institutional Changes It is not uncommon for international students to change institutions a […]
A Closer Look at the Minimum Income Requirement for Parent and Grandparent Sponsorship
The Minimum Necessary Income (or “MNI”) requirement affects the ability of a Canadian citizen or permanent resident to sponsor certain foreign national members of the family class. IRPR s. 120 states (emphasis added): 120. For the purposes of Part 5, (a) permanent resident visa shall not be issued to a foreign national who makes an application […]
Christmas from behind a Cup of *Starbucks* Coffee
The gruff beard counterpoints the cheerful Santa Hat. Perhaps a cover to the balding hair – alas another year gone – it certainly has been a long one. Two men – brothers, lovers – who knows and frankly it’s not my place to judge. Human love is human love – and I can see in […]
How does the Sergei Magnitsky Law Tie Into Inadmissibility Under the Immigration and Refugee Protections Act?
Recently Canada’s Foreign Minister Chrystia Freeland made an announcement that 17 Saudi Nationals linked to the death of journalist Jamal Khashoggi had been sanctioned under the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law). Within her announcement, she mentioned that these 17 individuals (which notably do not include the Crown Prince MBS) are now […]
Fettering Discretion and Standard of Review – Boswell J. sets out a Useful Summary in Alagaratnam
Readers of this blog know that one of the concepts that I am very fascinated/still struggle with the idea of fettering discretion. For whatever reason, my 2015 post where I tried to harness my inner Paul Daly and assess it, is a top Google search for the definition [use with caution/take it for what it’s […]
