Stewart Sharma Harsanyi Immigration Law Firm Blog

Updated: CBSA on its role in Dziekanski's death

CTV reports that the CBSA is to break its silence on its role in Polish immigrant Dziekanski's death: ... The federal agency will release its report this afternoon on the Oct. 13-14 events at Vancouver International Airport that culminated with the 40-year-old Polish man's death after RCMP officers used a Taser on him. It's premature to speculate, but there does appear to be cause for concern given the apparent (false) information provided to Dziekanski's mother: Walter Kosteckyj, Cisowski's lawyer, has said a Border Service agent told his client around 10 p.m. on Oct. 13 that there was no record of any Polish immigrant at the airport and that she should go home. National Post on a well attended protest on Saturday outside the Vancouver Art Gallery: Ms. Lukasiewicz [one of the organizers for Saturday's protest] ... said the protest was "just the tip of the iceberg" and the public is demanding change in police training and airport services. I hope that Dziekanski's (preventable) death results in a number of changes to the way that government deals with immigrants (a vulnerable group) and individuals in general. One would hope that this tragedy will result in increased respect and courtesty to individuals... Read more →

Londonistan Calling

I'm cognizant of the reasonable accommodation debate sparked by Herouxville, and reminded of Christopher Hitchens in this article for Vanity Fair who probably captures the sentiments of many in the reasonable accommodation debate as well as the experiences of the UK with 'multiculturalism': They say that the past is another country, but let me tell you that it's much more unsettling to find that the present has become another country, too. In my lost youth I lived in Finsbury Park, a shabby area of North London, roughly between the old Arsenal football ground and the Seven Sisters Road. It was a working-class neighborhood, with a good number of Irish and Cypriot immigrants. Your food choices were the inevitable fish-and-chips, plus the curry joint, plus a strong pitch from the Greek and Turkish kebab sellers. There was never much "bother," as the British say, in Finsbury Park. Greeks and Turks might be fighting in Cyprus, but they never lifted a hand to one another in London. Many of the Irish had republican allegiances, but they didn't take that out on the local Protestants. And, even though both Cyprus and Ireland had all the grievances of partitioned former British colonies, it would... Read more →

Supreme Court will hear Street Racer's Appeal

Sukhvir Singh Khosa and Bahadur Singh Bhalru were streetracing in November 2000 when they struck and killed 51 year old Irene Thorpe on Marine Drive in Vancouver. Khosa's vehicle was travelling at 120 km/hr in a 50 km/hr zone when it struck Thorpe. Both Bhalru and Khosa were convicted of criminal negligence causing death and both received conditional sentences of two years less a day to be served in the community. Removal orders were issued against both Bhalru and Khosa, as they were inadmissible to Canada by reason of their criminality; while both appealed, only Bhalru was eventually removed from Canada in 2005 -- Khosa has managed to remain in Canada these last seven years, appealing the decision of the Immigration Appeal Division to the Federal Court and Federal Court of Appeal, which had set aside the decision of the IAD and ordered a new determination of the appeal. Diane Finley, the Minister of Citizenship & Immigration appealed against the decision of the Federal Court of Appeal to the Supreme Court. The Supreme Court has just indicated that it will hear the matter. The issue that has resulted in numerous appeals and delay in removing Khosa is whether the Immigration... Read more →

The End of Lawyers?

Richard Susskind argues that a fundamental change awaits the practice of law. In a forthcoming book, "The End of Lawyers" he argues that technology and stardarisation will make lawyers less important. He is Emeritus Professor of Law at Gresham College, IT adviser to the Lord Chief Justice and consultant to leading law firms. The book is out next year, but Timesonline has extracts here. Read more →

US Military Deserters Lose Refugee Bid to Stay in Canada

MSNBC on the end of the road for American soldiers Jeremy Hinzman and Brandon Hughey, who attempted a review of their matter by the Supreme Court of Canada: The Supreme Court of Canada on Thursday refused to hear an appeal by two U.S. military deserters who sought refuge in the country to avoid deployment to Iraq, a conflict they argued is “immoral and illegal.” The announcement ends a bid by American soldiers Jeremy Hinzman and Brandon Hughey, the plaintiffs in the case, to win refugee status and opens the way for them to be deported to the United States, where they could face court martial for going AWOL and missing troop movements. It also could lead to deportation of dozens of other American soldiers who have filed formal applications for refugee status. “Theoretically they (are) facing immediate removal,” said Jeffry House, a Toronto lawyer who represents most of the U.S. refugee applicants, including Hinzman and Hughey. The Supreme Court’s refusal to hear the case, “vastly advances the government’s agenda to remove them,” he said. BBC article - which indicated that both former soldiers believed the war (in Iraq) to be illegal and immoral; Reuters article; National Post; News release/media advisory... Read more →

Pakistan's Faultlines Part II and MQM refugees

Pakistan's faultlines have ruptured once again: President Musharraf has declared a state of emergency, suspending Pakistan's constitution and (for the second time this year) setting aside and replacing the chief justice of the Supreme Court (which was demonstrating some independence from the executive this year). Earlier this year Musharraf had arbitrarily suspended the former Chief Justice Iftikhar Mohammad Chaudhry, before reinstating him after massive civic protests. Pakistan is currently ranked twelfth on the (unenviable) Failed States Index. Undoubtedly Pakistan will now likely crack the top ten. While there isn't a strong correlation between the failed states index and the top refugee source countries for Canada, my feeling is that Pakistan will once again be a major refugee source country for Canada. Earlier refugee claim types varied depending on the current political climate in Pakistan. Most claimants were purported members of a number of political parties. Pakistan political parties all seem to be acronymically inclined, including the PPP (Pakistan's People Party), the PML (the Pakistan Muslim League, later splintering into PML-N and PML-Q), the MQM (the Muttahida Qaumi Movement), the JKLF, and members of minorities subject to Pakistan's blasphemy (Hudood) laws, such as the Shiites and Ahmadiyya. There are serious issues... Read more →