#1 - Deanna Okun-Nachoff, Peter Edelmann, Steven Meurrens on Canada's Immigration System

In this introductory episode the three of us discuss recent developments in Canadian immigration law, as well as some recent news items and a specific case.

00:30 – 8:39 – We discuss how immigration policy in general has changed under the Liberal government, with a specific emphasis on the Liberal’s repealing the portions of Bill C-24 which revoked the Canadian citizenship of certain individuals convicted of certain offences related to national security.

8:39 – 19:03 – The conversation shifts to Donald Trump, BREXIT, and whether Canada under the Liberal government is bucking an international trend towards increased protectionism.

19:03 – 25:06 – In discussing immigration policy under the new Liberal government, we note that unlike under the Conservatives, where Jason Kenney seemed to be directly or indirectly responsible for all government departments related to immigration law, the Liberals are providing autonomy to the Ministers of each Ministry, and what impact that this may have.

25:06 – 38:50 – Peter Edelmann leads off a discussion on Immigration, Refugees and Citizenship Canada’s current consultations regarding immigration levels planning in Canada. The discussion becomes a very philosophical one about whether centralised planning is necessary, what Canada’s population should be, and how Canada attempts to meticulously control permanent resident numbers while at the same time does not have an overall plan for how many temporary residents are admitted.

38:50 – 41:25 – Steven Meurrens provides a case summary of Sendwa v. Canada (Citizenship and Immigration), 2016 FC 216. In this decision the Federal Court greatly broadened the ability of Canadian permanent residents and citizens to sponsor their relatives. Canadian immigration law provides that a relative of a sponsor, regardless of age, can be sponsored by a Canadian citizen or permanent resident, if that sponsor does not have a spouse, a common-law partner, a conjugal partner, a child, a mother or father, a relative who is a child of that mother or father, a relative who is a child of a child of that mother or father, a mother or father of that mother or father or a relative who is a child of the mother or father of that mother or father. Traditionally IRCC interpreted this as requiring that the Canadian sponsor not have a living spouse, child, parent, grandparent, etc. However, the Federal Court clarified that this is too stringent, and instead stated that the law only requires that the Canadian sponsor not have a sponsorable child, parent, grandparent, etc. The distinction will likely be important for Canadians who either do not meet the income requirements for the parents and grandparents program, or whose parents may be medically inadmissible.

41:25 – 53:16 – Deanna Okun-Nachoff comments on how John McCallum, Canada’s Minister of Immigration, Refugees and Citizenship Canada, recently committed to “getting rid of silly rules.” She discusses some of the rules that she finds silly, including the Temporary Resident Permits issued to victims of human trafficking, and numerous quirks of Express Entry.

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