Stewart Sharma Harsanyi Immigration Law Firm Blog

2009 Access to Justice Awards

I am honoured (and humbled) to be chosen as the 2009 recipient of the Legal Aid Alberta Access to Justice Award for the Calgary region. Access to Justice is a very important issue, and the staff of the Legal Aid Society of Alberta should be recognized and commended for their daily commitment to this ideal. Serving the needs of the marginalized, and those of limited economic means is no easy task, but the Legal Aid Society staff do so with remarkable respect and efficiency. The Chief Justice of the Supreme Court has characterized the inability of a majority of Canadians to afford legal services as a "crisis": Although McLachlin has spoken out about the problem in the past, she sharpened her remarks yesterday and went further than she has before, citing what she described as an "increasingly urgent situation." ... A Toronto Star investigation this year determined the cost of a routine three-day civil trial in Ontario to be about $60,000, more than the median Canadian family income. "The price of justice should not be so dear," McLachlin said in a speech to the bar association's governing council at the opening of a four-day legal conference here. "Something must be... Read more →

Fraud warning

It looks like the federal government is now warning against the plethora of immigration scams that abound in both Canada and abroad. I've met with many individuals who have paid thousands to unscrupulous individuals many of whom continue to advertise in ethnic community newspapers. I hope this is but a beginning of a sustained effort. Read more →

UK "Memorandum of Conviction"

I finally figured this out. CHC London often requires a ‘memorandum of conviction’ for a criminal rehabilitation. I spoke to two UK lawyers/barristers who assured me that this term had no meaning in the UK. Fortunately, a client was able to point me in the right direction. All you have to do is email the appropriate court (see http://www.hmcourts-service.gov.uk/HMCSCourtFinder/CourtList.do) and request it. You’ll probably need an authorization signed by the client (UK Data Protection Act) and the criminal record. They’ll email you the ‘memo’ and send a hard copy by mail. I believe the fees are 40 pounds. Read more →

Mexican Refugee Claims Jump In Calgary

Recent CBC article here indicates the jump in refugee claims from Mexico in Calgary (with the director of a non-profit suggesting it was due to the existence of a direct flight from Mexico City to Calgary). My own experience and what I've heard from other immigration lawyers here suggests the same - Mexico is the top source country (perhaps followed closely by Haiti). At the same time, the situation in Mexico is quite fluid at this time, with a number of country condition documents/evidence suggesting that it is on the verge of being a 'failed state'. While the refugee acceptance rate is below 20% for Mexican refugee claims, I would envision a higher acceptance rate for a subsequent humanitarian and compassionate application which can encompass broader issues such as hardship and generalized country conditions. Read more →

George Galloway

British MP George Galloway has been deemed inadmissible to Canada. Recent Macleans article here. Interestingly, veteran immigration lawyer Barbara Jackman is representing Galloway's challenge to the decision. Article here. CIC Minister Kenney asserts that Galloway is not being denied admission into Canada for words, that he is instead being denied because of his deeds. John Ivison of the National Post has an interesting article here. I found it particularly interesting as Ivison knows Galloway and can attest to his 'odious' opinions. Notwithstanding those opinions, Ivison still calls for Galloway to be allowed to enter Canada. The CBA Immigration list-server also witnessed several heated exchanges between lawyer on this issue. I think the issue is this: Is Galloway guilty of 'subversion' under s. 34 of the Immigration and Refugee Protection Act? What the Galloway matter does demonstrate is the hard line taken by CBSA. There is no doubt in my mind that enforcement, removal and inadmissibility issues will continue to make the news. Criminal and immigration law will continue to intersect, not just given ethnic gang warfare but also the definite emphasis on enforcement by this government. Read more →

Name this lawyer

A semi famous criminal lawyer who wears colourful socks. Hint: its not Bjorn Read more →

Happy St Patricks Day

A nice ending to a long day. Read more →

Criminal charges and deportation

Last week we presented before the Criminal Defense Lawyers Association of Calgary. The critical issue was establishing that a permanent resident sentenced to two years would lose his right to appeal his removal order based on criminality. We also discussed the Khosa decision. By taking the initiative, the defense bar is looking out for all possible ramifications of a criminal conviction. I imagine that immigration and deportation may increasingly be used as a collateral weapon in removing undesirables from Canada. Or in other words, another option for those fighting the escalating gang violence in Calgary. Read more →

Disparity in Refugee Determination

Sean Rehaag, an Associate Professor at Osgoode Hall, has obtained data via Access to Information Requests with respect to the determinations made by tribunal members of the Immigration and Refugee Board. Confirming anecdotal information based on experience, Rehaag indicates wide disparities in outcomes. The data is very interesting - especially because it is broken down by Member and by Country of Origin. See: Sean Rehaag, “2008 Refugee Claim Data & IRB Member Grant Rates” (4 March 2009) online: http://www.ccrweb.ca/documents/rehaagdatamarch09.htm. See also Professor Rehaag's journal article which seems to indicate (unfortunately) that outcomes in refugee determination "appear to hinge" (in part) on the identity of the decision maker. Read more →

Done...

The judicial review was heard before Justice O'Keefe this morning. It was a lengthier and more complex argument than usually the case. I enjoyed understanding the principles underlying complicity and crimes against humanity - even if it took most of my weekend. I'm now enjoying a celebratory post court coffee. Read more →

Justice Morris Fish

I'm impressed with the lone dissent in the recent Khosa decision, Justice Fish: "So much cannot be reasonably made of so little." I'm coming to that same conclusion after review of the voluminous material for this mornings judicial review. There appears to be little or no credible evidence in support of the RPD decision and the analysis (in my view anyway) was fundamentally wrong. Let's see what happens. Read more →

Sukhvir Singh Khosa

I doubt that any immigration practitioner would have imagined that Sukhvir Singh Khosa's IAD appeal would reach the Supreme Court of Canada. The 2004 decision was heard by a three member panel. It appears that Khosa's failure to show sufficient "insight" was a major issue for the majority decision: 23 Counsel for the appellant made lengthy submissions contending that it is not the function of the Division to mete out further punishment to this appellant for his offence. Counsel is entirely correct that it would be inappropriate for the panel to take that role upon itself. The criminal justice system has spoken with respect to the appellant's guilt and handed down a sentence consistent with principles of sentencing in Canada. The role of the Division is distinct and separate from the criminal courts. This is an application for discretionary relief. Domestic immigration legislation provides that a removal order may be made as against permanent residents who are inadmissible on the grounds of serious criminality. When an appeal is taken from a removal order, the Division must look at all the circumstances in any given case, weigh the various factors both supportive and non-supportive of special relief and reach a determination.... Read more →

Street Racer Ordered Deported

Sukvir Singh Khosa has lost his bid to remain in the country. The Supreme Court, in a 7-1 ruling, reaffirmed the original IAD decision ordering his deportation. The decision has important implications for judicial review of IAD and other IRB decisions. Ottawa Citizen article here: Justice Ian Binnie, writing for the majority, concluded that there was "no basis" for the appeal court to interfere with the board's deportation order unless it was unreasonable. "Reviewing courts ought not to reweigh the evidence or substitute their own appreciation of the appropriate solution, but must rather determine if the outcome falls within a range of reasonable outcomes," wrote Binnie. "In this case, the question whether K (Khosa) had established "sufficient humanitarian and compassionate considerations" to warrant relief from his removal order was a decision which Parliament confided to the IAD (Immigration Appeal Division), not to the courts." Khosa, who immigrated from India with his family as a teenager, was convicted in the death of 51-year-old Irene Thorpe, who was out for an evening walk in Vancouver in 2000 when she was hit by Khosa's speeding Chevrolet Camaro. Also convicted was Bahadur Singh Bhalru, who was deported to India in 2005. The two men... Read more →

Canada brings deported gangster back "home"

Can't summarize better than the National Post: Panchalingam Nagalingam, who was deported in 2005 because of his involvement in a violent Toronto street gang, arrived back on Tuesday morning, and Canadian officials say they facilitated and paid for his return. The circumstances have one official lamenting that the government is "in the business of putting gangs and gangsters out of business, not in bringing them back to Canada." This 2007 Toronto Star article discusses Mr. Nagalingam's case and the original (successful) Federal Court decision that had allowed Mr. Nagalingam's application (it was that decision that was recently set aside by the Federal Court of Appeal). It appears that Mr. Nagalingam was returned because of a successful judicial review application: The Ministry of Justice agreed in December, 2005, that it would allow Mr. Nagalingam to return to Toronto if the courts ever overturned a decision that found he was a danger to the public, officials said. The Federal Court of Appeal did just that in April, 2008, ruling that the judge who decided Mr. Nagalingam's case had made a procedural mistake. The Federal Court of Appeal decision can be found here: [78] In this case, the Delegate found that the A.K.... Read more →