Immigration Law Section
About the Section
Benefit from the shared information and expertise this Section offers to all citizenship and immigration law practitioners. Members hear about common problems and solutions and work together to develop constructive legislative and policy reforms. This Section has a continuing dialogue and meetings with Citizenship and Immigration Canada, the Canada Border Services Agency, Service Canada, Immigration and Refugee Board and the United States consulate and US Customs and Border Protection, and is an essential component of any immigration lawyer's practice. The National Section sponsors an annual CLE and members are invited to participate to widen their knowledge and make contacts with the profession country-wide.
Click here to get information on the corresponding CBA National Section
Section Executive
Chair
Paul Hesse
Pitblado Law
2500-360 Main Street
Winnipeg, MB R3C 4H6
Phone: 956-3561
Fax: 957-0227
hesse@pitblado.com |
Vice-chair
Sofia Mirza
Fillmore Riley LLP
1700-360 Main Street
Winnipeg, MB R3C 3Z3
Phone: 957-8335
Fax: 954-0335
smirza@fillmoreriley.com |
Secretary
Michael Bodner
Taylor McCaffrey LLP
900-400 St. Mary Avenue
Winnipeg, MB R3C 3Z3
Phone: 988-0385
Fax: 953-7238
mbodner@tmlawyers.com |
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Upcoming Section Events
CRIMINAL JUSTICE SECTION
IMMIGRATION LAW SECTION
NOTICE OF JOINT MEETING
DATE: Thursday, March 29, 2012
TIME: 12:00 Noon – 1:30pm
LOCATION: The Law Society of Manitoba Classroom, 219 Kennedy Street, Winnipeg
TOPIC: How Convictions can affect Border Crossings
SPEAKERS:
Pat McEvoy Immigration Investigator, Canada Border Services Agency
Dennis Ross, Superintendent, Canada Border Services Agency, Winnipeg Airport
A Manager for Inland Enforcement, CBSA
A Regional Program Officer (Immigration)
In the MBCA decision R. v. Arganda (J.R.), 2011 MBCA 54, the Court held that the inadvertent failure to take into account the accused's immigration status and the potential immigration consequences resulted in the imposition of an unfit sentence. The court reduced the two year sentence already served by the accused by one day in order to avoid the "unintended, unjust and unfair consequence" of depriving him of the opportunity to appeal the deportation order against him.
Whether you are a lawyer advising clients with respect to criminal charges, or assisting a business person trying to close an international deal, you won’t want to miss this presentation!
Please RSVP to the Manitoba Bar Association online. You can also RSVP by calling the RSVP Line @ 927-1211 or email (sections@cba-mb.ca) by 12:00 Noon on Wednesday, March 28, 2012. Please confirm if you would like lunch (sandwiches) and advise of any dietary restrictions. Lunch is available upon advanced request at a cost of $7.00.
Attendance at this MBA Section meeting can be applied towards your Law Society of Manitoba's Continuing Professional Development requirement.
The MBA is committed to making Section meetings widely available. If you live outside of the City of Winnipeg and want to attend a Section meeting by teleconference, please contact Melissa (204) 927-1215 or email sections@cba-mb.ca before 12:00 pm on Thursday, March 22, 2012.
Past Section Events
December 6, 2011, 12:00 Noon (Fillmore Riley LLP): Recent Updates at the Federal Court
September 28, 2011, 12:00 Noon (Pitblado LLP): Recent Developments re: WRAPA
September 1, 2011, 12:00 Noon (Fillmore Riley LLP): Recent Developments with Service Canada
May 24, 2011, 12:00 Noon (Taylor McCaffrey LLP): Recent Developments at Ports of Entry
February 23, 2011, 12:00 Noon (Aikins, MacAulay & Thorvaldson LLP): Recent Developments with the Manitoba Provincial Nominee Program
December 13, 2010, 12:00 Noon (Fillmore Riley LLP): Current Issues at the Port of Entries
October 5, 2010, 12:00 Noon (Fillmore Riley LLP): Agenda for the coming year, recent changes to immigration law and WRAPA related issues
February 24, 2010, 12:00 Noon (Aikins MacAulay & Thorvaldson LLP): Judicial Review before the Federal Court with a focus on work permit refusals
Section Reports
2009/2010
2010/2011
Articles Posted Include:
2006 Mid-Winter CLE - Cross Border Confusion
Serious Criminality and Criminality under the Immigration and Refugee Protection Act, by Patricia Maia
This overview of the ‘Criminality’ and ‘Serious Criminality’ sections of the Immigration and Refugee Protection Act was prepared by Patricia Maia for the 2006 MBA Mid-Winter. Ms. Maia first notes that a lawyer must be aware of the immigration status of a client as permanent residents are treated differently than foreign nationals. The treatment also depends on whether the conviction or the criminal act occurred within Canada or without. Going through the possible senarios, Ms. Maia explains the effect that a client’s criminal history may have on his or her admissibility into Canada. The next two sections, Deemed Rehabilitation and Application of Rehabilitation, discuss the circumstance under which a person will be allowed admission into Canada despite being subject to the Criminality or Serious Criminality provisions. Finally, Ms. Maia considers a couple examples common foreign offences and the consequences for the individual concerned, under IRPA.
Job Certification or No Job Certification: That is the Question, by Edward Rice
This paper on the job certification requirements of Human Resources and Social Development Canada was presented at the 2006 MBA Mid Winter by Edward Rice. Mr. Rice first noted who had the right to work in Canada. He then explained what work permits were, who needed them and how to acquire them. Job certifications were requirements for work permits and were the responsibility of the employer but there were exceptions. Some workers could work in Canada without a work permit and their employers therefore did not need to get job certifications from HRSDC. Some workers still required work permits but their employers were excused from the job certification requirement.
Common Non-Immigrant Visas for Workers Entering the United States, by Hafeez Khan and Loan Huynh
This summary of types of work visas was presented at the 2006 MBA Mid Winter by Hafeez Khan and Loan Huynh. Mr. Khan and Ms Huynh explain the types of work visa available to non-U.S. citizens or landed immigrants entering into the United States and intending to work. They discuss the implications of NAFTA on Canadians intending to work in the U.S. and the points to consider when choosing a type of Visa. Mr. Khan and Ms Huynh conclud with a list of resources they recommend for further information.
U.S. Immigration: Inadmissibility Issues and Waivers, by Loan Huynh
This paper on waivers and inadmissibility to the U.S. was presented at the 2006 MBA Mid Winter by Loan Huynh. Ms Huynh first noted what the requirements were to be admitted into the United States and the differences for Canadians. She provided Exhibit I, a table, as a summary of the grounds for inadmissibility, exceptions and waivers and short listed the most common ones. Ms Huynh concluded with a discussion of waivers for Canadians and recommended attorneys thoroughly question their clients on whether they would be subject to any grounds of inadmissibility before sending them to the United States.
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