Immigration
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July 05, 2024
SCC-bound case challenges refusal to publicly disclose court records revealing civil case delays
Does the principle of judicial independence enable judicial leaders to veto, in their absolute discretion, the public release of court records that reveal the extent of civil trial delays in the courts they administer? Absent transparency about courts’ operational performance, is the judicial branch of government sufficiently accountable to the public for its role in managing the courts?
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July 05, 2024
N.S. having municipalities, villages develop racism, inequity plans
Nova Scotia is requiring its municipalities and villages to develop plans to address racism, inequity and hate.
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July 05, 2024
Legal aid certificates in Alberta will end July 9 unless new agreement is reached
Alarm bells are being raised across Alberta’s justice sector about the potential stoppage of legal aid services in the province.
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July 05, 2024
Canada’s Capital Gains Tax and the exodus to the U.S.
There may be a change coming to the way Canada taxes capital gains. While Prime Minister Justine Trudeau claims it will affect a minuscule percentage of Canadians, it has more than a minuscule percentage of Canadian taxpayers on edge. The new taxing regime is complex, with 56 pages of guidance. While some taxpayers are already subject to a capital gains tax inclusion rate (meaning the amount of capital gain that is currently included in computing a taxpayer’s income) of 50 per cent on their realized gains, the capital gains inclusion rate under the taxing regime will exceed 66 per cent on some assets in certain circumstances.
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July 04, 2024
Enjoying a stress-free immigration summer
Summer has officially started in Canada. With the school year beginning in early September and the difficulty of moving during winter, many newcomers to Canada arrive during the summer months. As a result, work permits and other immigration documents often expire during summer or early autumn. With summer being the peak travel season, serious complications may arise as a result of this timing reality.
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July 04, 2024
NATURALIZATION OR CITIZENSHIP — Loss of or disqualification from citizenship — Grounds, misrepresentation
Application by Parvez for judicial review of the Minister of Immigration, Refugees and Citizenship’s (“Minister”) revocation of his Canadian citizenship. Parvez, a citizen of Bangladesh, was married to a Canadian permanent resident and had four Canadian minor children.
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July 03, 2024
New foreign worker legislation takes hold in Saskatchewan
The start of July saw new laws in Saskatchewan aimed at better protecting foreign workers from “exploitation” and enhancing the monitoring of the province’s immigration system.
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June 28, 2024
Veteran Toronto lawyer starts term as LSO treasurer
The Law Society of Ontario’s (LSO) new treasurer praised his predecessor, spoke of past accomplishments and talked about “ceremony, fellowship and policy.” The LSO’s June 28 Convocation featured remarks by newly elected treasurer Peter Wardle, a Toronto-based commercial litigation and professional liability lawyer who will serve in the role for the 2024-25 term.
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June 28, 2024
NATURALIZATION OR CITIZENSHIP — Requirements for grant of citizenship — Residency
Application by Minister of Citizenship and Immigration (“Minister”) for judicial review of the Citizenship Judge’s approval of Liu’s citizenship application. Liu, a Chinese citizen and permanent resident of Canada, applied for Canadian citizenship. A Citizenship Officer (“Officer”) found that Liu was short of the 1,095 required days of physical presence in Canada by 12 days hence was only present in Canada for 1,083 days during the relevant period. Liu admitted the shortfall.
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June 27, 2024
Canada sanctions ‘extremist settler violence’ against Palestinians
Canada has imposed sanctions on seven Israelis and five entities in Israel “in response to the grave breach of international peace and security posed by their violent and destabilizing actions against Palestinian civilians and their property in the West Bank.”