Immigration
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November 08, 2024
SCC elaborates on framework, scope for judicial review of regs and other subordinate legislation
The Supreme Court of Canada has ruled 9-0 that the Vavilov “reasonableness” standard for judicial review — informed by some of the Katz Group principles — presumptively applies when courts review whether subordinate legislation is authorized by law.
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November 08, 2024
H-1B visas move online: How Canadian companies can navigate the digital migration
For well over a decade, U.S. Citizenship and Immigration Services (USCIS) has sought to bring U.S. immigration benefit filings online. Until recently, such online filings had largely remained limited to personal filings, such as an I-90 (Application to Replace Permanent Resident Card) or N-400 (Application for Naturalization). This meant that employers have continued to ship large paper-based petitions (often with hundreds of pages of paper) to various USCIS service centers throughout the United States, adding additional logistics and materials costs to the already cumbersome process.
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November 06, 2024
Police-reported sexual assaults went up, but charges, convictions & custodial sentences went down
Sexual assaults reported to police went up from 2015 to 2019, but such offences were less likely to result in charges, court proceedings, convictions or jail time than in the previous five-year period, Statistics Canada reports.
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November 07, 2024
Canadian immigration demand surges following Trump re-election
Following President Donald Trump’s re-election, a wave of American democrats are grappling with the implications of another Trump term. Many feel disillusioned by what they perceive as a leadership characterized by authoritarianism, divisiveness, and undemocratic values. For some, this frustration has spurred thoughts of relocating, with Canada emerging as a top choice due to its geographic proximity and cultural similarities.
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November 06, 2024
IRCC officer failed to come to grips with Iranian girl’s application to study in Canada: Fed. Court
The Federal Court has set aside an immigration officer’s refusal to allow a 16-year-old Iranian to come to Canada for high school, where she seeks to pursue her goal of becoming a professional musician — an elusive, if not impossible, dream for a girl growing up in the Islamic Republic of Iran.
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November 06, 2024
How Trump’s win impacts Canada: Immigration, trade opportunities for Americans
With Donald Trump re-elected as U.S. president, Canada now faces a range of impacts that could affect its policies and relationships across multiple areas, including immigration, trade, defence and climate. Trump’s focus on strict immigration controls, “America-first” economic policies and his defence priorities are likely to shape the dynamics of U.S.-Canada relations, driving many to explore Canada as an alternative destination. Here’s a look at what Trump’s win could mean for Canada.
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November 04, 2024
Fed. Ct. judges take to YouTube to address bar’s & litigants’ non-disclosure of gen-AI court filings
Knowing that at least some (if not how many) lawyers and self-represented litigants are failing to disclose their use of ChatGPT or other generative artificial intelligence (AI) tools when they create content for documents filed in Federal Court, the national trial court has taken the novel step of posting YouTube videos, titled “Compliance with the Notice on the Use of Artificial Intelligence,” featuring judges who explain how to comply with the mandatory AI-use disclosure obligations the court imposed 10 months ago.
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November 01, 2024
Judicial council’s 1st ‘guidelines’ for AI use by judges & courts highlight risks, advise caution
The Canadian Judicial Council (CJC) is advising courts to exercise caution when using artificial intelligence (AI) tools given the potential risks, including entangling the judiciary in “legal complexities,” such as the infringement of copyright or violation of privacy laws.
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October 31, 2024
AI’s (in)ability to reason and what it means for lawyers
One of the most difficult aspects of my role at Fasken is telling lawyers that their great idea for the use of artificial intelligence (AI) in their practice is not possible today and may not be possible for some time to come. (Note: Although not all AI is generative AI, for the purpose of this article, they’ll be used largely interchangeably as they often are in day-to-day life.)
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October 30, 2024
Temporary immigration measures rolled out to address conflict in Lebanon
Ottawa has created “temporary measures” to support Canadian citizens, permanent residents and their immediate family members who have left Lebanon, as well as Lebanese nationals already in Canada who are currently unable to return home, because of the conflict between Hezbollah and Israel.