Criminal Equivalency 2024

WHEN

Live webinar October 9, 2024 at 12:00pm EST
OR available video recording

INSTRUCTOR

Samuel Plett

DURATION

4 hours

SUMMARY

This course will examine in detail criminal inadmissibility under the Immigration and Refugee Protection Act (‘IRPA). 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 criminal admissibility, with a special focus on the duty of disclosure.

COURSE OUTLINE

Legislative Structure
- The structure of s. 36 of the IRPA
Determining the Nature of the Conviction and the Length of the Sentence
- Classification of criminal offences (summary, indictable, hybrid)
- What counts as a conviction? (examining various types of sentences)
- What counts as part of “term of imprisonment”?
- The impact of the Tran case (Tran v Canada (Public Safety and Emergency Preparedness), [2017] 2 SCR 289, 2017 SCC 50)
Ethical Issues Part 1: Assessing the Nature of the Criminal Offence
The “Equivalency” Analysis
- When do we need to determine ‘equivalency’?
- Survey of jurisprudence on the equivalency analysis
- The 3-part Hill test
- Equivalency case study #1
- The “committing an act” provisions
- Equivalency case study #2
Record Suspensions and Effect of Foreign Pardons
Criminal Rehabilitation
Ethical Issues Part 2: Challenges of disclosure

See Full Course Outline

CPD CREDITS

For Lawyers and Paralegals

Law Society of Ontario
Substantive Hours: This program is eligible for up to 4 hours.
Professionalism Hours: this program contains 1 and 15 minutes hour of Professionalism Content

Law Society of British Columbia
Approved for 4 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 4 CPD hours (1 hour and 15 minutes of Ethics)
- Video recording valid until October 9, 2025

PURCHASING OPTIONS

SINGLE COURSE

$120

Includes:

Attendance at the live four hour webinar.
Access to the course materials.
Ability to watch the webinar until December 31, 2025

Add to Cart

EXPLORE OUR PASSES

This course is included in our:

YOUR INSTRUCTOR

Samuel Plett

Litigation Consultant and Principal, 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.