Live webinar September 25, 2023 at 11:00am EST
OR available video recording
Samual Plett and Chantal Desloges
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.
- 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
For Lawyers and Paralegals
Law Society of Ontario
• Substantive Hours: This program is eligible for up to 5 hours
Law Society of British Columbia
• Approved for 5 CPD credits
Law Societies of Alberta, Manitoba, Newfoundland, New Brunswick 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 5 CPD hours includes 1 hour of professionalism
• Video recording valid until September 25, 2024
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.
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.