#198 - How Decisions Get Written, with Justice Peter Edelmann

#198 - How Decisions Get Written, with Justice Peter Edelmann

In this audio-only reunion episode, former Borderlines Podcast host Peter Edelman joins to discuss life on the British Columbia Court of Appeal.


Topics discussed include how decisions get made and written, the role of counsel in shaping outcomes, pressures facing Canada’s judicial review system, judicial collegiality and dissenting reasons, immigration backlogs, adversarial justice, and the emotional weight of judging.


2:16 – Learning curve: trial court vs appellate court

6:31 – Does good lawyering really matter in judicial review?

19:28 – Precision in judgments & unintended interpretations

23:40 – Dissents, concurrences & shaping the law

27:17 – Should judges clarify controversial rulings later?

33:06 – Rethinking adversarial justice

49:06 – Is it easier to judge or be judged?

55:07 – Does being a judge change personal decision-making?


https://youtu.be/nJ8kM4zJLdU?si=5L4nmGJz5eaKbXAm

Hosted on Acast. See acast.com/privacy for more information.

Avsnitt(220)

#52 - Ranking Economic Immigrants and Listener Q&A, with Professor Asha Kaushal

#52 - Ranking Economic Immigrants and Listener Q&A, with Professor Asha Kaushal

A discussion of the philosophy behind economic immigration, how Canada ranks economic immigrants, Ministerial Instructions and listener Q&A. Ashal Kaushal is an Assistant Professor at the University o...

31 Mars 20211h 32min

#51 - Inadmissibility to Canada for Committing a Criminal Offence, with Sania Chaudhry

#51 - Inadmissibility to Canada for Committing a Criminal Offence, with Sania Chaudhry

A discussion of when someone can be inadmissible to Canada for having committed a crime which doesn’t lead to a conviction. Cases referenced are Garcia v. Canada (Citizenship and Immigration), 2021 FC...

18 Mars 20211h 3min

#50 - Membership in a Terrorist Organization and Immigration, with Hart Kaminker

#50 - Membership in a Terrorist Organization and Immigration, with Hart Kaminker

A discussion of s. 34(1)(f) of Canada's Immigration and Refugee Protection Act, which provides that a foreign national or permanent resident is inadmissible for being the member of an organization tha...

3 Mars 20211h 17min

#49 - The Supreme Court of Canada decision in Chieu and the Ribic Factors

#49 - The Supreme Court of Canada decision in Chieu and the Ribic Factors

Chieu v. Canada (Minister of Citizenship and Immigration), 2002 SCC 3 was a landmark Supreme Court of Canada which affirmed the use of the Ribic factors in the H&C assessment. We discuss these factor...

17 Feb 202153min

#48 - Responding to Procedural Fairness Letters, with Raj Sharma

#48 - Responding to Procedural Fairness Letters, with Raj Sharma

A discussion about responding to procedural fairness letters with digressions on possible bias against people from Punjab, unreasonable documentation requests, tunnel vision amongst visa officers, how...

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#47 - Universal Basic Income and Canadian Immigration

#47 - Universal Basic Income and Canadian Immigration

This episode is about the concept of a universal basic income and how it would work in Canada. We are joined by Sheila Regehr and Sameer Nurmohamed of Basic Income Canada Network. We discuss which ty...

20 Jan 20211h 7min

#46 - An Interview with Sergio Marchi, Canada's Immigration Minister from 1993-1995

#46 - An Interview with Sergio Marchi, Canada's Immigration Minister from 1993-1995

Sergio Marchi was Canada’s Minister of Citizenship and Immigration from 1993-1995. 3:00 – Does someone keep the Minister title their whole life? 4:50 – What was the political consensus regarding Canad...

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#45 - Spousal Sponsorship Delays and Refusals, with Chantal Dube and Syed Farhan Ali

#45 - Spousal Sponsorship Delays and Refusals, with Chantal Dube and Syed Farhan Ali

Syed Farhan Ali shares his Canadian immigration story. During the time that his spousal sponsorship application was in process he was denied temporary entry to Canada, missed the birth of his first c...

14 Dec 20201h 15min

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