Live webinar October 6, 2022 @ 12:00 PM EST
OR available available video recording
SUMMARY: This course will provide and in-depth discussion of how to permanently resolve criminal inadmissibility in immigration applications. The instructor will review the legislative grounds for criminal inadmissibility and the rehabilitation applications (including deemed rehabilitation). The course will feature an interactive criminal rehabilitation case study exercise, where participants will be given a fact scenario and collaborate to draft an outline for supporting documents and submissions in support of the rehabilitation application.
- Legislative structure
- The structure of section 36 of the IRPA
- Permanent residents vs. foreign nationals
- Crime in Canada vs. outside of Canada
- Determining the nature of the conviction and the end of the sentence
- Classification of criminal offences (summary, indictable, hybrid)
- What counts as a conviction? (examining various types of sentences)
- Ethical issues part 1: assessing the nature of the criminal offence
- Assessing competence to assess Criminal Code offences
- Referral vs. cooperation
- Timing of disclosure
- Deemed rehabilitation: charting the intricacies of R18
- The Criminal Rehabilitation application
- The unpublished IRCC policy manual
- Collecting evidence
- Addressing the factors
- Overview of jurisprudence
- Group rehabilitation case study
- Record suspensions and effect of foreign pardons
- Ethical Issues part 2: challenges of disclosure
- Balancing duty of confidentiality / privilege with duty of candour
- Advising clients on disclosure
- Asking the right questions
- Case study on problem solving ethical issues
For Lawyers and Paralegals
Law Society of Ontario
• Substantive Hours: This program is eligible for up to 4 hours
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
Awaiting Further Accreditation
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.