Enforcement measures implemented within Canada with regards to the Immigration and Refugee Protection Act.
Explore the complex landscape of "Enforcing Immigration Law" within Canada. This course delves into the mechanics of immigration enforcement, examining the critical decision-making processes that occur at ports of entry and for individuals already residing in the country.
Understand how the Immigration and Refugee Protection Act and its regulations are enforced, focusing on tools like removal orders (departure, exclusion, deportation) and their consequences, including conditions for re-entry. Learn about the process of removal, including the initiation via the Section 44 report and admissibility hearings before the Immigration Division, covering rules of evidence and the burden of proof.
The course addresses the significant issue of detention and detention review, analyzing the legal standards, procedural requirements, and the particular considerations for vulnerable persons like children and designated foreign nationals. Examine the avenues for appealing removal orders, including the role of the Immigration Appeal Division and the application of humanitarian and compassionate considerations.
Delve into specialized topics such as statutory stays of removal, including those based on judicial decisions or country conditions. Investigate the controversial use of security certificates and concealed evidence, analyzing the legal framework and constitutional challenges. Finally, explore the intersection with human smuggling and trafficking provisions and the practical challenges of enforcing removals, including the practice of sanctuary.
Key learning outcomes include:
This course provides essential knowledge for anyone seeking a comprehensive understanding of Canada's immigration enforcement regime, its legal complexities, and its real-world implications.
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Books on law do not need to be difficult, dull, and costly. At Irwin Law Inc., our aim is to produce books of exceptional quality at affordable prices. We are determined to produce books that are modern, lively, and interesting, as well as clearly organized and attractively designed, at prices substantially lower than our competitors. Indeed, our books are accessible to students and legal practitioners alike, while maintaining the highest standards of excellence. As Canada's youngest law publisher, Irwin Law brings an innovative approach and fresh ideas to legal publishing. The company was established in 1996 - very recently in an industry whose roots go back to 1855. At its inception, Irwin Law Inc. was affiliated with the Stoddart Publishing Group. In 1999, Irwin Law was purchased by Quicklaw, Canada's leading online legal research service. The purchase was a natural, as Irwin Law had been among the first publishers to make its books available on the online database. However, when Quicklaw was purchased by LexisNexis Group in July 2002, Irwin Law needed to find new owners. The company was purchased by a small group led by Irwin Law's founding publisher, Jeffrey Miller. From its beginning, Irwin Law has strived to publish books that do more than outline the current state of the law. They analyze the complex issues of the day in a succinct and readable style and in a manner that is probing and thoughtful. Our books are accurate, comprehensive, and up-to-date. Indeed, all manuscript submissions are subject to peer review and our authors are among the leading law practitioners and professors in Canada and the world. Irwin Law brings to the marketplace books that whet the reader's curiosity, challenge established tradition, and create intellectual excitement.
Jamie Chai Yun Liew is an immigration and refugee lawyer who has appeared at the Immigr tion and Refugee Board, Federal Court, Federal Court of Appeal, and the Supreme Court of Canada. She is also an assistant professor at the Faculty of Law, University of Ottawa, where she teaches, among other courses, Immigration and Refugee Law, Advanced Refugee Law, and Administrative Law. Professor Liew is the holder of degrees in political science and commerce from the University of Calgary, international affairs from Carleton University, and law from the University of Ottawa and Columbia University. She is a member of litigation committees for the Canadian Council for Refugees and the Canadian Association of Refugee Lawyers, and her research focuses on the performative and consequential aspects of how Canadian law is affecting refugees and immigrants. Having clerked with Justice Douglas Campbell at the Federal Court of Canada, Professor Liew was also a member of the Sesay defence team at the Special Court in Sierra Leone and the Commission counsel team at the Cornwall Public Inquiry. // Donald Galloway is a professor of law at the University of Victoria, where he teaches Immigration and Citizenship Law, Refugee Law, and Torts. Professor Galloway has degrees in law and philosophy from the University of Edinburgh and Harvard University. He has served as a member of the Refugee Division of the Immigration and Refugee Board and as a member of the executive of the Canadian Association of Refugee Lawyers. Professor Galloway has appeared as an expert before House of Com- mons and Senate committees and is the recipient of the Bora Laskin National Fellowship in Human Rights Research.
