Stewart Sharma Harsanyi Immigration Law Firm Blog

The Perils of Using Unregulated Immigration Consultants

Interesting article in the Toronto Star about the experience and difficulties some have encountered when dealing with unregulated immigration consultants. The article deals specifically with Sophie Boutzis and her 'firm' - Scot & Associates. The Star has a great piece on unscrupulous immigration 'advisors' here. Regulated immigration consultants are subject to the overview of the Canadian Society of Immigration Consultants. While there has been some questions regarding governance, there is at least an ability for an aggrieved client/immigrant to lodge a complaint against a CSIC member. Lawyers have always been subject to the code of conduct of the Law Society. In terms of fee/billing issues, these can be addressed in what is termed 'taxation' proceedings. Unfortunately, given that it is highly unlikely that unregulated immigration 'advisors' will ever be subject to any law, immigrants are still subject to both exploitation, and a resultant inability to seek redress. One couple (victim) of Sophie Boutzis was removed from Canada after securing judgment against her and her 'firm'. The unlikelihood of being penalized for treating people shabbily is one reason immigration consultancy remains a lucrative and often exploitative trade – despite years-old government attempts to clean it up. ... Complaints to Toronto police,... Read more →

Discretionary Relief and Remedies at the Federal Court

It is problematic to predict how a court will react to an appeal to its discretion. In judicial review of immigration decisions in Canada, unfortunately, there is no concept of ex debito justitiae, that is, there is no entitlement as of right to a remedy. There is only one method to obtain judicial review in the immigration context, and that is by way of application for leave and judicial review from a decision by a tribunal or officer of the Immigration and Refugee Board. The Court’s decision to grant or deny the application controls access to the judicial process, but the decision takes place in a judicial black hole with no requirement for reasons on the court and no possibility of an appeal from the discretionary decision to dismiss the application for leave and judicial review. An application for a stay, however does disclose clear principles that are to guide the court, and in this context, the “particular factual configuration” is crucial as there is an application of a legal test to the specific facts before the court. The common grounds for a court to refuse to intervene –to the extent of refusing to correct possible administrative illegality -- are... Read more →

20th Anniversary for Convicted Terrorist in Canada

Mahmoud Mohammad Issa Mohammad marks his 20th year in Canada. Article here. This despite the fact that he and another member of the Popular Front for the Liberation of Palestine hijacked an El Al commercial jetliner and killed an innocent passenger (Mahmoud was convicted of manslaughter by a Greek court). When he entered Canada, he hid the fact that he was convicted and also that he had been a member of the Popular Front for the Liberation of Palestine. While he has been determined to be a terrorist under the previous Immigration Act, Mahmoud has somehow staved off his removal from this country. Mahmoud is represented by the indomitable Barbara Jackman, which may be a large reason he has been able to celebrate his 65th birthday in Canada and is now a grandfather. I'm a big fan of due process (as should any lawyer) - but justice delayed is also justice denied. This matter should be determined in one fashion or another, otherwise ordinary Canadians will lose (what remains) of their faith and trust in the administration of justice in this Country. Read more →

Jamaican (criminal) deportees...

Having represented several permanent residents of Jamaican nationality facing removal from Canada, I found this article by Bernard Headley to be quite interesting. Through his research, Professor Headley has found that approximately 40,000 Jamaicans have been returned from various countries (including the US, Canada and the UK) between 1996 and 2007. The return of so many criminals has raised more than a few eyebrows in Jamaica. What Professor Headley does not talk about is the deportees plight - the individuals that I have assisted have families in Canada, including children, friends, a social network, have held jobs here and have been here for more than two decades. Canada does have the right to remove those convicted of criminal activities, and there has been a definite lack of foresight for the individuals not to have obtained citizenship prior to their criminal escapades. As a result, not only do they pay their debt to society, they also face removal from their home to a country they don't truly know. Read more →

U.S. War Deserter set for Deportation

Robin Long - should his deportation be carried out as ordered - will be removed from Canada today. Long is a deserter from the US military and will be the first deserter to be removed from Canada. It appears that his counsel, Shepherd Moss, attempted a stay of the removal proceedings via an application to the Federal Court of Canada. It seems that Madame Justice Anne Mactavish was less than impressed with the argument asserting that Long met the tripartite test set out in Toth which requires the applicant establish a serious issue; irreparable harm; and finally, balance of convenience in favour of the applicant. A 'stay' is an extraordinary remedy - and based on principles of equity. It appears that the (mis)conduct of Mr. Long may have been a relevant factor as Madame Justice Mactavish had criticized his 'disrespect' for Canadian law. National Post article here. Update - see this New York Times article for a good overview regarding the Robin Long affair. Read more →

Omar Khadr - The Blogosphere Reacts

The National Post has put together a piece detailing the reaction of the blogosphere to the release of new video of CSIS agents interrogating Omar Khadr. National Post Link here. While the 'consensus' is a general condemnation (one notable comment was to 'waterboard' Khadr until he stops crying), -- NB there's an interesting Vanity Fair article by Christopher Hitchens where he goes through waterboarding -- there does appear to be some sympathy for his plight. See Jonathan Kay's blog - Kay is a self-described "noisiest Canadian cheerleader" for the War on Terror, but still argues for the return of Khadr to Canada. A thoughtful argument - Kay focuses on two essential issues - one, that Khadr was a child at the time of the alleged crime, and two, that Khadr probably didn't kill anyone. Remember --Khadr's guilt is far from proven: Lately, it has dawned on Canadians that the United States may well have lied about its evidence against Mr. Khadr. Far from having proof that only he could have thrown the grenade that killed their soldier, the U.S. appears to have hidden the truth: that the teenage Canadian was in the company of an adult al-Qaeda fighter and was... Read more →

Criminal Inadmissibilities and the TRP

I have just handled a number of files that involve criminal inadmissibility issues and gone through the process of obtaining a TRP for my clients that were deemed to be criminally inadmissible to Canada. In this case, we are taking about foreign nationals seeking to enter Canada (eg. as a visitor, or as a permanent resident). One essential step is to obtain the client's criminal record. This may involve an offence in Canada or outside of Canada. Also - obtain a copy of the offence, and get full details on each offence. If the offence occurred outside Canada, an 'equivalency' must be done - essentially you have to determine whether the foreign offence has an analogue or equivalent provision in Canadian law. You are in luck if the individual has committed an 'offence' in the foreign jurisdiction which is not a criminal offence in Canada (Canadian standards apply). An assessment can now be made whether the individual is in fact inadmissible to Canada - and this is done by taking a look at the nature of the offence and how it is treated in Canada. Once all the relevant factors are considered, the individual can be advised whether or not... Read more →