Stewart Sharma Harsanyi Calgary Immigration Law Firm Blog

India to exceed China as top source country

Looks like India will become the top source country for immigration for Canada... link here. The Indian diaspora has come a long way since my father Ram Sharma immigrated to Canada in 1970. When he arrived, there was no one waiting at the airport. When he took a cab to the 'friend of a friend' in Toronto (who had promised to help him) he discovered his host had moved from the address he had provided my father. Luckily the taxi driver took pity and my father had a place to stay for that night. The next day, like so many other Punjabi migrants before him, he sought shelter at the local Gurudwara. After stretching the $297 he brought with him, my father obtained employment, married my mother, endured some trials and tribulations, bought some real estate and made his fortune in Canada. I hope that all new immigrants to Canada find success in this new country. Read more →

Foreign Workers

My assistance to Canadian Tire Associate Dealers - and my comments regarding Minister Solberg's 'streamlining' of the foreign worker process was covered in the media: Calgary/Edmonton Sun article here. Globe and Mail article here. I also took part in live interviews with CBC Newsworld and on Canada AM this week. Essentially - while the 'relaxed' advertising rules announced by the Minister may somewhat simplify the process (and cut down on the delays faced by previously inadequate advertising with Service Canada) the real issue is the resources to Service Canada in Alberta and BC. Currently the processing time for a labour market opinion (the first step to obtain a work permit for a foreign national) is 10-12 weeks. This is a far cry from last year when processing was around 4 weeks. Another way that Alberta can meet this unprecedented demand for labour and people is to re-vamp their Provincial Nominee Program. At present, it's very limited - with (apparently) a limit of 400 PNP's/year. In contrast, the Manitoba PNP program has got to be the most developed in the country with different streams and allowing thousands more per year. Quite frankly, the Federal Economic Class is broken. It would take... Read more →

IRB Scandal ...

A recent article by Helen Burnett for the Law Times indicates that the IRB has retained outside independent review of cases determined by disgraced IRB Member Stevan Ellis. I wrote earlier in this blog that an automatic (independent) review should also have been actioned on Montreal IAD Member Bourbonnais. The IRB reviewed his decisions internally and determined that a dozen or so were 'suspect'. However they are not overturning the decisions, leaving that decision and financial cost to the appellants and their counsel. Read more →

Police Clearance - the American States

I was trying to figure out how to obtain the necessary police clearance/certificates for my client who enjoyed a sojourn in the United States. He is now awaiting his visa as his Canadian wife has sponsored him. At this time, we've obtained the FBI clearance, but now need the state police clearance as well. I was looking into CIC's website to figure this out, but (as usual) came up empty. Here's a site by a Canadian lawyer that seems quite helpful: Canada Visa.com. The site is by David Cohen - senior partner at Campbell Cohen. I must say that the site has massive content on immigration. It's also well laid out and easy to find information. I can only imagine the positive impression this must leave on client's that seek to retain his services. ********** Update ... I think the site is actually not as complete or up to date as it appears. Just went through the process to obtain police clearance from New Jersey and Virginia. Best bet is to go straight to the web sites of the state authorities. Here's the links for VA and NJ: http://www.vsp.state.va.us/CJIS_Criminal_Record_Check.shtm http://www.njsp.org/about/serv_chrc.html Read more →

2005 Canadian Lawyer Associates Survey

This is a little old, but still informative snapshot of the changing attitudes and values of young associates: Canadian Lawyer Article. Read more →

Immigration Officer's "Humanitarian and Compassionate" assessment returned

Justice Harrington has order a re-determination of a "H&C" application: Sun Article here. Ms. Espino has been in Canada for over a decade - and did not return to the Philippines (her country of origin for 15 years). Notwithstanding her clear establishment in Canada, the Immigration Officer had no hesitation in finding that the applicant could easily return to the Philippines and re-establish herself there. There was also no explanation by the Minister or his delegate as to why the decision took NINE years to process. Harrington began his judgment by quoting the Bard: "Can you heare a good man grone And not relent, or not compassion him?” so it was said in Shakespeare’s Titus Andronicus, Act IV, Scene I. Compassion has been defined as including suffering together with another, participation in suffering; fellow-feeling, sympathy, the feeling or emotion when a person is moved by the suffering or distress of another and by the desire to relieve it. The judgment can be found at the Federal Court site. Here's a PDF: Download epino_v_mci.pdf . Read more →

Poison Pen Letters...

I have to say, I hate 'poison pen' letters. Generally, these are anonymous complaints sent to CIC hoping to throw a monkey wrench into the immigration matters of others. Surprisingly, it's usually members of the same ethnic community. I dealt with a poison pen letter on my last Immigration Appeal - a letter that helped keep a husband and wife apart until the positive consideration of their appeal two weeks ago. The way to handle these 'poison pen letters' at appeal is to draw the Panel's attention to the fact that this 'evidence' is anonymous and cannot be cross-examined to establish their reliability and credibility. Quite simply, the Appellant should not have to overcome that burden (in addition to the legal burden they already have). Here's an immigration complaint someone posted onto this blog. I suppose it may morph into a poison pen letter once "loyal Canadian Citizen" realizes I have no time or patience for his efforts to undermine someone else's life (Names, addresses and telephone numbers have been changed to protect individuals). I hope that the loyal Canadian Citizen sleeps better at night: Dear Sir/Madam I am a Loyal citizen of Canada. My reason for writing is because... Read more →