WHEN
Live webinar October 20, 2022 @ 12:00 PM EST
OR available available video recording
INSTRUCTOR
Daniel Epstein
DURATION
2 hours
SUMMARY: This course will examine the process and underlying law and principles of detention review hearings. The emphasis will be upon the practical tools required of representatives when appearing before the Immigration Division when a client is detained. The goal is to prepare you to confidently represent your client at detention review hearings.
- Advocacy within the context of detained individuals
- Legal framework and policy directives
- The grounds for detention and the obligation to release (ss.55 & 58 IRPA):
- Danger to the public;
- Unlikely to appear for examination, admissibility hearing, removal, or a proceeding that could lead to making of a removal order;
- Identity not established;
- May be inadmissible.
- “The Immigration Division shall order the release of a permanent resident or a foreign national unless it is satisfied, taking into account prescribed factors, that…”
- Statutory timelines – 48 hours, 7 days, every 30 days after that
- Sub-paragraphs 57(1) & (2)
- Factors to consider when assessing grounds of detention (ss. 245- 248 IRPR)
- Enforcement Manuals 20 & 34 (Alternatives to Detention)
- The grounds for detention and the obligation to release (ss.55 & 58 IRPA):
- Immigration detention is an administrative detention and must not be punitive in nature
- Report of the 2017/2018 External Audit (Detention Review):
- “[…] Members are required to release the detained person unless they can find that the evidence establishes that the risk at issue is greater than 50%.”
- The Burden of Proof
- Canada (Minister of Citizenship and Immigration) v. Thanabalasingham, 2004 FCA 4, at para 16:
- 173(c) IRPA – is not bound by any legal or technical rules of evidence
- Always request disclosure – it is your client’s right:
- Rule 8(1) Immigration Division Rules;
- Duty to disclose is included in the rights protected by s.7 of the Charter – Charkaoui v. Canada (Citizenship and Immigration), 2008 SCC 38, at para 56
- Alternatives to Detention
- Charter considerations
- Article 7 – Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice
- Article 9 – Everyone has the right not to be arbitrarily detained or imprisoned.
- Article 10 – Everyone has the right on arrest or detention
- Habeas Corpus
- Habeus Corpus Act, R.S.O. 1990, c.H.1
- Chaudhary v. Canada (Public Safety and Emergency Preparedness), 2015 ONCA 700, at para 81
- Alvin Brown v Ministry of Public Safety, 2016 ONSC 7760
- Report of the 2017/2018 External Audit (Detention Review):
CPD CREDITS
For Lawyers and Paralegals
Law Society of Ontario
• Substantive Hours: This program is eligible for up to 2 hours
Law Society of British Columbia
• Approved for 2 CPD credits
Law Societies of Alberta, Manitoba, Newfoundland and Nova Scotia
• For members of these Law Societies, consider including this course as a CPD learning activity in your mandatory annual requirements
For Regulated Canadian Immigration Consultants
College of Immigration and Citizenship Consultants
• Approved for 2 CPD hours
• Video recording valid until October 20, 2023
Currently awaiting further accreditation
Purchasing Options
Single Course
$60
Includes
• Attendance at the live two hour webinar
• Access to the course materials
• Ability to watch the webinar until December 31, 2023
Your Instructor
Daniel Epstein
Barrister and Solicitor
Desloges Law Group
Daniel has over five year of experience operating his own law practice in Montreal, focused almost exclusively on immigration litigation. He appears regularly before the Federal Court of Canada and all divisions of the Immigration and Refugee Board. Daniel has also represented clients charged with criminal offences before the Ontario Court of Justice.
Daniel has extensive experience handling refugee claims at all stages, from initial intake to the Federal Court. His advocacy extends to written submissions, such as pre-removal risk assessments, rehabilitation applications, section 44 reports, Humanitarian and Compassionate application, etc. He approaches all of his clients’ causes, from the simplest to most complicated matters, with the same vigour and discipline.
Daniel is a mentor and evaluator in the Law Practice Program at Ryerson University, the experiential alternative to articling in Ontario. He has volunteered extensively with organisations dedicated to assisting those living in homelessness to reintegrate into society.
