Family
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August 16, 2024
Federal Court rules in two immigration cases on ‘compassionate’ review, impact of divorce
Divorcing your spouse “willingly” — with the resulting loss of your permanent resident status in a foreign land — is not the same as “voluntarily” losing or relinquishing your permanent resident status, thereby excluding you from refugee protection in Canada, Federal Court Justice Janet Fuhrer has ruled.
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August 16, 2024
CUSTODY, PARENTING, AND ACCESS — Access — Conditions — At child’s discretion
Appeal by mother from order of motion judge for M’s residence on a temporary 50/50 parenting schedule. This was a family law proceeding involving the parenting arrangement for an adult child, M, who had a cognitive disability requiring constant supervision. M’s parents separated in 2012 and agreed to a shared parenting schedule in their separation agreement.
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August 16, 2024
Surrendering U.S. citizenship: How it can help, how it can hurt
U.S. citizenship is a privilege for many, but it can also be a burdensome and unwanted obligation for others.
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August 15, 2024
New B.C. rules on child and family services called ‘powerful act of reconciliation’
In what is being hailed as a milestone in Canada, a B.C.-based First Nation now has the ability to use its own laws in provincial court to resolve child and family welfare matters.
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August 14, 2024
Canada to launch study permit pilot program to boost Francophone immigration
A new immigration pilot program that aims to provide study permits for up to 2,300 Francophones from abroad to study in Canada over the next year launches Aug. 26, 2024.
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August 14, 2024
Law Society rules should serve as guidelines, not strict mandates | Jacob Murad
I am currently about to write the MPRE (multi-state professional responsibility exam) for licensing in the United States and this allows me time to review the American Bar Association (ABA) standard rules of professional responsibility for U.S. lawyers, which are substantially similar to the Law Society of Ontario’s Rules of Professional Conduct.
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August 13, 2024
Failed Albanian refugee claimants get new H&C review of Canadian-born kids’ best interests
The Federal Court has quashed the denial of an Albanian couple’s application for permanent residence that is based on humanitarian and compassionate (H&C) grounds because the immigration officer didn’t properly take into account the best interests of the pair’s two Canadian children but, instead, wrongly applied a more onerous “hardship” test.
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August 13, 2024
Inherent jurisdiction, associate justice style
A few months ago, I was involved in a vigorous discussion on the Canadian Bar Association’s listserve. The topic was whether associate judges (A.J.) have inherent jurisdiction. After much discussion, the consensus was that A.J.s don’t have inherent jurisdiction.
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August 13, 2024
Estate and third-party claims in accidental drowning
It bears remembering, as we settle into the latter half of the summer months, that there are risks associated with the water-related activities that attract many of us at this time of year. Whether swimming, boating or floating, the majority of drownings occur in lakes, ponds and rivers while the victim is not wearing a personal flotation device. The risks are especially heightened when one is a weak or non-swimmer and alone.
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August 09, 2024
Canada sanctions Belarusian judges complicit in Lukashenko regime’s jailing of political prisoners
Canada and its allies have imposed asset freezes and immigration bans on certain Belarusian judges and others who facilitate repression and violations of human rights in their country, including jailing hundreds of political prisoners at the behest of President Alexander Lukashenko’s illegitimate regime.