WHEN
Live webinar October 6, 2021 @ 12:00 PM EST
OR available available video recording
INSTRUCTOR
Chantal Desloges
DURATION
3 hours
SUMMARY: This course will involve a practical discussion on how to prepare appeals before the Immigration Appeal Division of the Immigration and Refugee Board of Canada. Beginning with an overview of the right of appeal and the types of appeal, the instructor will advise on practical considerations to keep in mind when filing an appeal, preparing and Appeal Record and trying to find an early resolution to the litigation. Important issues in preparing for an appellate hearing will also be discussed, including the burden of proof, how to prepare one’s client and witness examination. There will also be a brief discussion of ethical issues that arise during the representation of clients in IAD appeals.
- Who has a right of appeal?
- Types of appeals to the IAD
- Sponsorship appeals, Removal Order appeals, Residency obligation appeals
- Equitable jurisdiction of the IAD
- Filing the appeal
- Using the correct Notice of Appeal
- Where to file
- Language of interpretation
- IAD Rules
- The Appeal Record
- Early Resolution options
- Setting a date for the hearing
- General preparation for the hearing
- Reviewing the Appeal Record
- Isolating the issues
- Burden of proof, standard of proof, legal test
- Discussions with Minister’s Counsel
- Evidence and disclosure – relevance and admissibility of documents, deadlines, IAD Rules re format
- Witnesses – when to call witnesses, relevance and admissibility of testimony, IAD Rules re witnesses
- The burden of proof and role of the players
- Preparing your direct examination questions
- Preparing your client and witnesses for oral testimony
- Interlocutory matters
- The decision
- Ethical issues
CPD CREDITS
For Lawyers and Paralegals
Law Society of Ontario
• Substantive Hours: This program is eligible for up to 3 hours
Law Society of British Columbia
• Approved for 3 CPD credits
Law Society of Saskatchewan
• Approved for 3 CPD credits
Law Society of New Brunswick
• Approved for 3 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
Immigration Consultants of Canada Regulatory Council
• Approved for 3 CPD hours
• Video recording valid until January 6, 2022
Currently awaiting further accreditations
Purchasing Options
Your Instructor
Chantal Desloges
Barrister & Solicitor - Certified Specialist
Senior Partner, Desloges Law Group
Chantal Desloges is certified by the Law Society of Ontario as a Specialist in both Citizenship/Immigration law and Refugee law. Her practice encompasses every possible area of Canadian citizenship, immigration and refugee law, such as business class applications, skilled workers, family sponsorships, work and study permits, refugee cases, citizenship applications, plus Appeals and Judicial Reviews of refused cases. She was called to the Bar of Ontario in 1999 and is the founding and senior partner of Desloges Law Group.
Chantal taught Immigration Law at Osgoode Hall Law School in 2000/2001. She also taught in the Immigration Practitioner Certificate Programme at Seneca College from 1999 – 2010 and the Immigration Consultant Diploma at Herzing College from 2015 – 2018. She currently teaches a number of continuing professional development programs for LPEN, IMEDA and the Ontario Bar Association, among others.
In November, 2016, Chantal and her good friend Cathryn Sawicki published the Canadian Immigration and Refugee Law: A Practitioner’s Handbook. Chantal has been called upon 15 times by Parliamentary and Senate Committees to appear as an expert witness on immigration and refugee issues.
In 2012, Chantal was awarded the Queen’s Diamond Jubilee Medal, followed by the Canadian Bar Association Young Lawyers’ Pro Bono award. In 2013, Chantal was appointed by the Minister of Justice to serve on the Federal Court Rules Committee, and was reappointed for a further term in 2016. In 2014, Chantal was also elected to the Executive of the Canadian Bar Association, Immigration Section, where she served until 2018.
Chantal is a regular immigration commentator on CTV Power Play, and has been interviewed by both national and local television stations such as CBC, CTV National News, W5, Canada AM, Global News and CP24. She has also been interviewed and quoted in national and local newspapers such as the Toronto Star, Toronto Sun, Globe and Mail, National Post and the Ottawa Citizen.
