Stewart Sharma Harsanyi Immigration Law Firm Blog

Live in Caregiver Program Next to Be Chopped

Immigration reforms are coming fast and furious. It's hard to imagine an area of immigration that has been left untouched by former Citizenship and Immigration Minister Jason Kenney or his replacement, Chris Alexander. These changes include the following: Termination of the federal Immigrant Investor Program and Entrepreneur Program; Significant cuts to the Interim Federal Health Program aka "Refugee Health"; Controversial reforms to the Citizenship Act; The euphemistically titled "Balanced Refugee Reform Act" which elevates expediency and efficiency as paramount considerations in immigration policy; The conditional permanent residency to combat marriage fraud; The atrociously entitled "Deporting Foreign Criminals Faster Act" which would allow the removal of Permanent Residents with no right of appeal regardless of the nature of the criminal conviction based merely on the length of sentence imposed (over 6 months); and, among many other reforms, Reforms to the Temporary Foreign Worker Program. But wait, there's more. A Calgary Herald Article notes that there are planned changes to the LIC. I was quoted in that article and my thoughts are as follows: There's little doubt in my mind that the Live in Caregiver program (the "Nanny" program) will next on the (chopping) block. I believe that the program will either... Read more →

The Sky is Not Falling: Changes to the Temporary Foreign Worker Program

I was asked to discuss Jason Kenney's (what he terms as sweeping) and controversial reforms to the temporary foreign worker program on Alberta Primetime. My take: everyone is running around like Chicken Little worried that the sky is falling. We need to take a deep breath. Necessity breeds innovation and invention. I have no doubt that Alberta business will respond with creativity and increased productivity. The Mayor of Whitecourt, Maryann Chichak discusses the problem with the 'one size fits all' reforms. She is dealing with a unemployment rate of less than 3% and a growth rate of over 5%. Smaller communities in Alberta and Saskatchewan are going to struggle under these reforms. However, Minister Kenney is unsympathetic to the plight of communities like Whitecourt, stating that they did it then (dealt with labour shortages) and can do it now. After cutting through the criticism: it's important to keep everything in perspective. The reforms really target a minority of the temporary foreign worker program. We're talking about 30,000 individuals that came under NOC C/D aka "low wage" occupations. This number is going to be cut in half, to approximately 16,000 by 2016. To put that in context, we issue 10,000 open... Read more →

It's Kenney's World, We Just Live in It

Jason Kenney announced significant changes and reforms to the Temporary Foreign Worker Program. These changes were mandated because of a public outcry over some media reports of Canadians losing out to foreign workers. Critics (and there are many, from both sides of the political spectrum) are upset. Some say the changes go too far (the CFIB) and others say it doesn't go far enough. Whoever thought that Jason Kenney would be ending the program, obviously doesn't understand the program (which is actually a hodge-podge of different programs, including high skilled professionals covered under international agreements - like NAFTA - to live in caregivers) and hasn't been listening to Jason Kenney. Some other, poor deluded souls, thought that Jason Kenney would wave his magic wand and make temporary foreign workers working low wage jobs into permanent residents. They too obviously don't understand the program and the policy behind it and, again, haven't been listening to Jason Kenney. The fact that Kenney has, in an attempt to avoid both Scylla and Charybdis (aka a rock and a hard place), upset everyone does not mean that he has struck the right balance. As always, we will know some months after these changes. For... Read more →

A man between two countries - Deepan Budlakoti

Deepan Budlakoti is a man between two countries. He was in Federal Court this week, seeking a declaration that he is a Canadian citizen. He was born in Canada, but this government refutes his citizenship because his Indian parents were employed by diplomatic staff and thus he is excluded from nationality by operation of law. Just like me, he has an Ontario birth certificate and was issued a Canadian passport in the past. Because of his birth certificate, his parents never sought status for him. His unique status would likely have never have come to light were it not for his serious criminal record in Canada; Government officials would likely have continued treating him like a Canadian citizen but for his drug and weapons convictions. For greater background on Mr. Budlakoti's, see the National Post article here: http://news.nationalpost.com/2014/06/15/i-cant-be-stateless-born-in-canada-criminal-fighting-deportation-after-ottawa-decides-citizenship-not-valid/ To this extent, Mr. Budlakoti is the author of his own misfortune. He has no one to blame for his criminality but himself. The charges and convictions carry with them consequences. He has served his time but now faces banishment and exile from this country. This, by the way, is the same situation that permanent residents face (that have been convicted of... Read more →

Strengthening Canadian Citizenship - By Making it Easier to Lose

The Conservatives say that they are strengthening Canadian citizenship by making it easier to lose. The Constitutional Rights Centre (CRC) is prepared to issue an imminent legal challenge to the government's new Bill C24 which would amend citizenship laws to allow the government to strip Canadian born citizens of their citizenship if they have a right to citizenship in another country. The basis for the stripping of citizenship would be conviction of offences linked to terrorism, treason, spying or engaging in armed conflict with Canada. The primary argument in the constitutional challenge is likely to be the CRC's contention that the constitution does not permit the Federal Government jurisdiction over the citizenship of Canadian born citizens, but rather only foreign born citizens of Canada. A link to the article is below. Given the government's recent issues in failing to pass legislation that meets the requirements of the Constitution, this likely litigation should also be watched closely. http://www.thestar.com/news/canada/2014/06/09/rocco_galati_plans_legal_challenge_to_citizenship_act_changes.bb.html Read more →

All in a (Minister's) day's work: Scapegoating and Undermining Refugees

Jason Kenney was the most prolific and longest serving Minister of Citizenship and Immigration this country has seen. He has the trust of the famously controlling Prime Minister, and enjoys a long leash. Kenney and Harper appear to share a common world view and likely view themselves as moral paragons. By comparison, other Ministers in this government's cabinet are two dimensional figures, their Pavlovian training clear as they nod encouragingly when Mr. Harper is speaking and clap on cue or when he is done. Chris Alexander, the current Minister, appears to be cut from his antecedent's pugnacious cloth; ideologically indistinguishable as he castigates "activist immigration lawyers" and resists suggestion and advice from stakeholders. It remains to be seen whether Alexander is simply a good soldier, following in the footsteps of Kenney (or perhaps marching to Kenney's orders even today) or whether he will leave his own distinct stamp on his Ministry. Either way, Kenney will be a tough act to follow. Kenney (and now Alexander) successfully scapegoated the refugee, their advocates and even the Courts. Continued nonsense references to refugees as "bogus refugee claimants" or "queue-jumpers" achieved two goals at the same time. It was a sop to the Conservative... Read more →

A Decade of Disappearances and Impunity in Punjab

I co-host a weekly South Asian Legal Affairs show on 106.7(RED)FM with Andy Hayher, of Vogel LLP. This last Friday, June 6, 2014 we decided to discuss the decade of disappearance after "Operation Bluestar" and impunity that appears to still exist in the State of Punjab in India. We started our discussion with the shining example of Jaswant Singh Khalra. A lawyer by education, Mr. Khalra started to investigate the thousands of 'disappeared' Sikhs. In 1995, he came to Canada and gave a moving speech and began it by talking about light and darkness. The NDP and Jagmeet Singh MPP in Ontario are to be commended for their motion to recognize Jaswant Singh Khalra as a Defender of Human Rights. Even though Jaswant Singh Khalra's killers have been convicted (9 years after being charged), impunity and a desire to brush this unwanted decade under the carpet still exists. Ensaaf.org has been working with individuals seeking redress. Satwant Singh Manak is such an individual. He was a former Punjab Police Officer that has been trying to register a First Information Report (a "FIR") against his fellow police officers responsible for the death of 15 innocents. Despite losing his father, receiving threats... Read more →

Who Pissed in the Minister's Cornflakes?

The CBA has requested an apology for Minister Chris Alexander's disrespectful comments regarding members of the Bar. I have no idea who pissed in the Minister's cornflakes on May 28, 2014, but here's his comment in full: "It is shameful that activist immigration lawyers, who never miss an opportunity to criticize our government's citizenship and immigration reforms, are attempting to drum up business by promoting the interests of convicted terrorists and serious criminals over the safety and security of Canadians." Perhaps Mr. Alexander fails to realize the distinction between criticism/disagreement with enmity. Download Bill-C-24-Letter Read more →

BBC Exposes the Plight of Undocumented Indians in the UK

Shocking expose of the desperate circumstances (mostly Punjabi) undocumented migrants in the UK. Seeking a better life, like so many thousands of others from the 'bread basket' of India, these 'faujis' have discovered the harsh truth. They re-mortgage their land in India to pay human smugglers (called 'agents') who prey on the dreams of these men. Sadly, once they arrive in the UK, they are taken advantage of by members of their own community that charge exorbitant rents in illegal housing. Some sleep under bridges; others sleep on the bus. Even efforts to self-deport are stymied as most of these undocumented migrants have difficulty establishing their identity. Buta Singh has been attempting to leave the UK for three years. He brushes his teeth in a cemetary. He hopes his 'miserable existence' will serve as a warning to others. Read more →

Blog Posting - New Regulations for Study Permit Holders

As of June 1, CIC had instituted new regulations regarding the issuance of study permits and for study permit holders in Canada. The link is below: http://www.cic.gc.ca/english/department/media/notices/2014-02-12.asp Applicants must now demonstrate that they are enrolled in and continuing to pursue studies in Canada rather than simply showing an intention. Accordingly, it is important that students demonstrate attendance and successful completion of programs rather than simply a plan to obtain an educational credential after being accepted into a program. Study permits will only be issued for institutions designated to receive international students rather than any institution. This change will result in a crackdown on illegitimate institutions which fraudulently promise benefits to international students that will never accrue. Co-ops will also only be allowed for students at designated institutions. The Study Permit itself will allow for up to 20 hours per week of off campus work during the school year and unlimited off campus work during scheduled breaks without the need to apply for a separate work permit. Another sensible change that will reduce costs and complications for foreign students who wish to work. Visitors can also now apply for pre-school, elementary and secondary study permits from within Canada. Importantly, a study... Read more →

Komagata Maru: A Ship of Imagination

I was asked to speak at the Komagata Maru event held in Edmonton on May 31, 2014. I had previously provided a post regarding my thoughts regarding the infamous incident. The panel on Saturday was to be an intimate dialogue or discussion to connect the event of 1914 to what's happening today. I thought it would be interesting to imagine what would have happened had the ship set forth in 1914, but encountered a space time phenomenon en route and arrived off the coast of British Columbia in 2014 instead. Gurdit Singh would have been arrested and charged under Canada's broad human smuggling laws. Section 117 reads as follows: No person shall knowingly organize, induce, aid or abet the coming into Canada of one or more persons who are not in possession of a visa, passport or other document required by this Act. Section 117 casts a wide net and criminalizes any person who commits any of the acts referred to in the section. None of the passengers of the Komagata Maru have proper documentation to enter Canada. Gurdit Singh organized the voyage, knowing it was in contravention of Canadian law and thus has committed the offence of "human smuggling"... Read more →