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Immigration Inadmissibilities: Medical, Criminal & Overstay 2021

Samuel Plett

Live webinar

5 hours

This course is no longer for sale but we have an updated version!

This course ran in June 2021. Two current courses cover part of the same ground.

Summary

This course will examine three major admissibility categories under the Immigration and Refugee Protection Act (‘IRPA): medical, criminal, and breaching conditions of admission to Canada (‘overstay’). The course will begin by examining the relevant statutory provisions and jurisprudence, and provide practice examples from real-life scenarios. The course will address common ethical questions that arise in cases dealing with these admissibility issues, with a special focus on the duty of disclosure.

Course outline

  • Part 1: Medical Inadmissibility
    • Legislative Structure
    • Danger to Public Health
    • Danger to Public Safety
    • Excessive Demand
    • Procedural Fairness and Medical Inadmissibility
    • Exceptions to Medical Inadmissibility
    • ‘Remedies’ for Medical Inadmissibility
  • Part 2: Criminal Inadmissibility
    • Legislative Structure
    • Determining the Nature of the Conviction and the Length of the Sentence
    • Ethical Issues Part 1: Assessing the Nature of the Criminal Offence
    • The “Equivalency” Analysis
    • Record Suspensions and Effect of Foreign Pardons
    • Criminal Rehabilitation
  • Ethical Issues Part 2: Challenges of disclosure
  • Part 3: ‘Overstay’
    • Legislative Structure
    • Remedies for Overstay

CPD credits as accredited in 2021

For Lawyers and Paralegals

Law Society of Ontario

Law Society of British Columbia

Law Society of Saskatchewan

Law Society of New Brunswick

Law Societies of Alberta, Manitoba, Newfoundland and Nova Scotia

For Regulated Canadian Immigration Consultants

Immigration Consultants of Canada Regulatory Council

Further accreditation pending approval

Your Instructor

Samuel Plett

Barrister & Solicitor

Litigation Consultant and Principal at Plett Law P.C.

Sam is a graduate of the Faculty of Law at the University of Toronto. Prior to law school, Sam studied Peace and Conflict Studies at the Trudeau Centre for Peace and Conflict Studies at the University of Toronto. He is a member of the Canadian Association of Refugee Lawyers, the Refugee Lawyers Association, and the Canadian Bar Association.

Sam has experience in a wide variety of immigration matters, including applications involving inadmissibility matters, humanitarian and compassionate applications, pre-removal risk assessments, family sponsorship applications, temporary resident permits, and applications for work and study permits. Sam has extensive experience with applications for Judicial Review before the Federal Court of Canada, including applications involving constitutional challenges and motions for stays of removal; and has appeared before the Federal Court of Appeal. Sam has appeared before all three Divisions of the Immigration and Refugee Board in various matters including refugee hearings, appeals before the Immigration Appeal Division, and detention reviews.

Prior to his work at Plett Law Professional Corporation, Sam was a Partner and Head of Litigation at Desloges Law Group.

In 2015, Sam received the Canadian Bar Association Immigration Law Section Founders' Award, given to a young lawyer "for achieving professional excellence, providing leadership, and making a significant contribution to the Canadian citizenship & immigration community".

As a law student, Sam was awarded the Ting Sum Tang Memorial Prize (awarded to the student taking the highest place in Immigration Law) and the John Yaremko Award in Human Rights.