Author: nclaw

30 May Habeas Corpus and the Immigration Detention of Non-citizen, The Lawyer’s Daily (May 30, 2018)

Immigration detentions of non-citizens must only be for an immigration-related purpose. Undoubtedly, a detention is never pleasant. However, it is not the detention itself, or even its length, that is objectionable, but its unlawfulness. Often non-citizens are being detained on a faulty factual premise, inadvertent...

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16 Nov Permanent Residents who Receive Conditional Sentences are not Inadmissible, The Lawyer’s Daily (November 16, 2017)

Conditional sentences are sentences of imprisonment that are served in the community. They are meant as an alternative to incarceration for less serious offences and non-dangerous offenders. In Tran v. Canada (Minister of Public Safety and Emergency Preparedness) 2017 SCC 50, the Supreme Court of...

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08 Jun Refugee Claim Fails on Admissibility of ‘New’ Evidence, The Lawyers Weekly (May 20, 2016, p. 17)

The law of evidence controls the presentation of facts before courts and tribunals. It is made up of common law concepts, statutory provisions and constitutional principles. Admissibility of “fresh” documentary evidence on appeal before the Refugee Appeal Division of the Immigration and Refugee Board (RAD)...

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