2014 NATIONAL IMMIGRATION LAW CONFERENCE

Transcription

1 2014 NATIONAL IMMIGRATION LAW CONFERENCE Thursday 8 May :30 7:30 pm Registration Friday 9 May :30 8:15 am Registration and Continental Breakfast (For registered delegates only) (Ballroom Foyer) 8:15 8:30 am Welcome Remarks by Conference Co-Chairs (Ballroom) Mario Bellissimo CBA National Immigration Law Section Chair Jolene Otieno, CBA-AB (Calgary) Immigration Law Section Chair Camille Audain, Department of Justice Canada 8:30 9:45 am Opening Plenary: New Visions for Immigrant Selection This "big picture" panel will: examine Canada's changing immigrant selection model over the past decade, including the "Expression of Interest" system place recent changes in an international context of global competitiveness discuss where Canada is going and should be going in terms of immigrant selection MODERATOR: SPEAKERS: Kyle Hyndman, CBA - TBC Lesleyanne Hawthorne, Academic ESDC - TBC Richard Kurland, CBA

2 Morning Workshops 10:00 11:15 am 2-A 2-B 2-C Make Yourself at Home: CEC, FSW and FST (Advanced) An advanced panel on the Canadian Experience Class (CEC), Federal Skilled Worker (FSW) and Federal Skilled Trades (FST) Classes, covering the following topics: eligibility requirements in the FSW and FST calculating one year of work experience in the CEC and dealing with caps and subcaps recognizing common pitfalls and avoiding refusals dealing with the Central Intake Office and CPP-O MODERATOR Sergio Karas, CBA Peter Edelmann, CBA SPEAKERS Naseem Malik, CBA Cessation (Advanced) This session will be aimed at both refugee practitioners and immigration practitioners advising protected persons. It will cover: the history of cessation in Canada and the foundation in international law the five grounds for cessation and the evidence required to make out a case consequences of cessation and recourse available following loss of permanent residence investigation and referral of cessation cases, including departmental "quotas" and factors to be considered by the Minister in initiating a cessation application the criteria for choosing between cessation under A108(1)(e) versus (a) to (d), both from the perspective of the Minister and the Board voluntary relinquishment of protected person status approaches for defending against cessation applications IRB CBSA Judges' Extended Roundtable: A Broader Perspective (Intermediate) In this session, Federal Court, Criminal Court and Family Court Judges will discuss legal crosssections, including: criminal sentencing and related immigration consequences the treatment of non-removal child custody orders in removal proceedings against non- Canadian parents DOJ Mr. Justice Yves de Montigny, Federal Court Madam Justice Johanne Gauthier, Federal Court of Appeal Criminal Court Judge - TBC Family Court Judge - TBC

3 11:15 11:30 am Refreshment Break 11:30 am 12:50 pm 3-A 3-B 3-C I DO! Now What? (Everyone) Judicial Review Deconstructed (Advanced) This session will cover handling of spousal sponsorship cases from initial consultation through to landing, addressing common complications and pitfalls. Topics to be covered will include: what information must be gathered at the initial consultation to properly advise identifying and addressing problematic facts and other red flags in your submission preparing your client for an eligibility interview dealing with sponsorship eligibility issues, 117(9)(d) exclusions, uncooperative dependents and former partners MODERATOR Sofia Mirza, CBA CBA Chantal Desloges SPEAKERS Steven Meurrens, CBA Visa Office - TBC This panel will conduct a detailed review of a recorded hearing, including a discussion of the materials filed by the parties. The CBA counsel involved in the case will provide detailed commentary on strategies and approaches employed at the various stages of the case. A DOJ representative will provide general insight into litigation at the judicial review stage. A Federal Court Judge will also provide tips for practitioners. Mr. Justice Michael Phelan, Federal Court DOJ Going Global: Adapting Your Practice (Everyone) This panel will discuss various emerging trends in immigration practice and provide practical advice on how to adapt, including: collaborating with in-house counsel on immigration matters working in cross-disciplinary firms building a global mobility practice challenges and opportunities for interprovincial and international firms Suzanne Smith, CBA Roxanne Israel, CBA Alan Diner, CBA 1:00 2:30 pm Luncheon (For registered delegates only)

4 Afternoon Workshops 2:30 3:45 pm 4-A 4-B 4-C LMO Exemptions: Best Practices and Key Strategies in a Changing Legal Landscape (Advanced) Medical Inadmissibility: Focus on Developmental Disorders and Children in the Immigration Scheme (Everyone) This session will address the latest interpretations of and best practices for: applications under international free trade agreements significant benefit applications business visitor applications intracompany transferees bridging open work permits province specific work permits use of Visa Application Centres This session will look at the impacts of a developmental disorder diagnosis on children in the immigration scheme, including case studies and general discussion of the following topics: Canadian social services available for children with developmental disorders what immigration practitioners need to know about what the diagnosis will mean for your client addressing excessive demand for social and medical services (including development of an "education plan" for children with developmental disorders, as well as general principles applicable to all types of medical admissibility cases) suggestions for medical fairness submissions Immigration Law Version 2014: Latest Technology Developments (Everyone) This panel will provide practical advice on how to utilize modern technology to improve efficiency and ensure data security, with a focus on: top 10 techno-tools to increase productivity and profitability of your practice a "how to" guide on maintaining a paperless law office essential information on ensuring data security MODERATOR Moderator/Speaker : Chantal Arsenault, CBA SPEAKERS Meika Lalonde, CBA CBSA 3:45 4:00 pm Refreshment Break Michael Battista, CBA Medical Expert Marina Sedai, CBA Jocelyn Frazer, Law Society of Alberta Nathan Lee, YellowWood Networks Inc

5 4:00 5:15 pm 5-A 5-B 5-C MODERATOR SPEAKERS Labour Market Opinions: What s (not) new? (Advanced) This session will provide practical information on how to best advocate for employers, with strategies for addressing questions and concerns of ESDC officers, including: the day-to-day perspective of ESDC officers handling LMO applications dealing with challenges of the new LMO application regime unconventional employment relationships, and issues surrounding designating the "employer of record" preparing for compliance audits and what to do when they happen helping your client set up a compliance program special considerations for Quebec applications, including tips for making successful CAQ applications Wendy Danson, CBA Geneviève Hénault, CBA ESDC - TBC Litigation Toolkit: Employing Constitutional, International and Administrative Law Principles in the Face of Change (Advanced) This session will consider the changing ways that immigration law is being made in Canada. The focus will be on what lawyers can do to advocate for their clients in this ever shifting environment, including the following topics: litigation implications of recent legislative and policy changes, including Charter, international law and administrative law implications the reformulation of section 48(2) of the IRPA regarding enforceability of removal orders, including an overview of the statutory framework and jurisprudence constitutional and international arguments regarding PRRA and H&C bars practical tips for practitioners in the stay of removals process Arghavan Gerami, CBA Barbara Jackman, CBA Raj Sharma, CBA We're Only Human: What Every Lawyer Needs to Know about Dealing with Professional Errors (Everyone) This panel will provide detailed practical advice on dealing with lawyers' errors in an immigration law context, including: how to communicate with clients about mistakes when to call the insurer when and how to self-report to the Law Society what to do when we uncover other lawyers' errors or incompetence, both in litigation and solicitors' work how to fix and learn from mistakes Andrea Baldwin, CBA Nancy Carruthers, Law Society of Alberta Philip Carr, Alberta Lawyers Insurance Association Robbie Sheffman, CBA Mr. Justice Robert Barnes, Federal Court 7:30 pm Dinner and Entertainment (Admission by ticket for ticket holders only)

6 Saturday 10 May :00 9:00 am Continental Breakfast (For registered delegates only) Morning Workshops 9:00 10:15 am 6-A 6-B 6-C Citizenship Matters (Advanced) IRB Roundtable (Everyone) Virtual World (Everyone) This advanced panel will provide an overall update on citizenship procedure, with a focus on: handling residency questionnaires and residency issues making appearances before a Citizenship Judge (including perspectives from the bench) update on revocation and enforcement cases This roundtable panel will be comprised of senior officials at the Immigration and Refugee Board. Topics of discussion will include: overview of IRB accomplishments in the past year, and the strategic objectives for the year to come update on operations at the Immigration Division best practices for counsel in detention reviews, and alternatives to detention and admissibility hearings update on operations at the Immigration Appeal Division, including increased hearing volumes, recent legislatives changes and key caselaw top 10 practice tips for counsel appearing before the IAD This panel will provide advice on how (and whether) to online file your immigration applications using: the My portal the representative portal the Service Canada TFW Web Service other provincial online tools The session will also provide information about processing of those online applications. MODERATOR DOJ Moderator/Speaker BJ Caruso, CBA Kevin Zemp, CBA SPEAKERS Citizenship Judge Stephen Green, CBA IRB IRB, Appeal Division IRB, Immigration Division ESDC - TBC

7 10:15 10:30 am Refreshment Break 10:30 am 11:45 am 7-A 7-B 7-C Preparing Persuasive Humanitarian and Compassionate and Temporary Resident Permit Applications (Everyone) This will be a practical overview of A24 and A25 of the Immigration and Refugee Protection Act following recent legislative amendments. Topics to be covered will include: review of the scope of legislative changes strategies for effectively utilizing what remains of ministerial discretion under these sections preparing a persuasive TRP or in-canada H&C application, and what to do after submission Practice before the Refugee Appeal Division (Advanced) This session is aimed at refugee law practitioners who will be litigating at the RAD. Attendees should be familiar with the law on eligibility, procedure and timelines. The session will include: an examination of the RAD rules and any case law developed on these rules practice tips on how to address the tight timelines strategies on obtaining postponements and handling disclosure the new evidence threshold, standard of review, oral hearings and three member panels Cross-Border Issues for Canadian Lawyers: A North American Perspective (Everyone) This session will address legal issues and a comparison of Canada-US immigration law and policy. It is not aimed at those intending o practice US Immigration Law. Topics will include: Flagpoling: who can do it (and in what circumstances), risks, best practices and regional differences Regional disparities in interpretation of NAFTA work permit rules Conflicting residence rules for permanent residents Guidelines for Canadian counsel meeting clients or attending interviews in the US Working with US counsel on transnational issues including criminality and multinational corporate clients Spot US immigration issues, when to consult US counsel, and drawing the line between Canada and US legal advice MODERATOR Alicia Backman-Beharry, CBA Claudia Molina, CBA SPEAKERS Lisa Couillard, CBA CBSA IRB IRB Saba Naqvi, CBA Blair Hodgman, CBA CBSA 11:45 11:50 am Break

8 11:50 1:00 pm 8-A 8-B 8-C Power to the Province: Navigating the Provinces Increasing Role in Immigration (Everyone) This session will examine the growing impact of provincial regulatory bodies and provincialfederal agreements on immigration practice, including the following topics: a look at the evolving role of provinces/territories in immigration selection policy the effect of provincial trade certification requirements on LMO applications the interaction between work permit applications and trade certification requirements the manner in which trade certification or approval of professional regulatory bodies affects eligibility for permanent residence what you need to know about s provincial pilot projects Organized Criminality (Advanced) This session will deal with the organized criminality sections of the IRPA, providing an overview of the law in the area. Particular focus will be placed on the following topics: the scope of organization issues around membership and possible defences (such a duress) new developments in A37 jurisprudence on issues such as human smuggling and drug trafficking Misrepresentation: the Quintessential Ethical Issue for Immigration Lawyers (Everyone) This session will provide an overview of jurisprudence on the misrepresentation provisions of the IRPA and include discussion regarding the following: how to address misrepresentation in retainer agreements incorporating advice on misrepresentation during the initial consultation tips for addressing a suspected misrepresentation with your client (both at the advice stage and in the course of an immigration interview or hearing) making the decision to cease acting to avoid professional misconduct, and how to get off record MODERATOR Moderator/Speaker : Stephane Duval, CBA SPEAKERS John St Arnaud, Alberta Apprenticeship and Industry Training Jolene Otieno, CBA 1:00 2:15 pm Luncheon (For registered delegates only) DOJ Moderator/Speaker CBSA Lorne Waldman, CBA Robert Blanshay, CBA David Chalk, CBA DOJ

9 Afternoon Workshops 2:15 3:25 pm 9-A 9-B 9-C Family Matters: Non-Spousal Applications in the Family Class (Everyone) This session will cover non-spousal family class issues including: an update on sponsorship of parents/grandparents new developments in the definition of dependent children sponsoring adopted or "to be adopted" children and advising clients regarding international adoptions sponsoring or supporting temporary residence applications for other de facto member members the broken sponsorship undertaking, including an update on jurisprudence regarding collection of welfare debts by sponsored family members MODERATOR Moderator/Speaker : Ravi Jain, CBA SPEAKERS Avi Gomberg, CBA Practice before the Refugee Protection Division (Advanced): This session will review the changes to the RPD since December 15, 2012, exploring trends and jurisprudence on the new aspects of the system. In particular, the session will address issues such as: the impact of timelines practice points with respect to the Basis of Claim issues affecting DCOs, DFNs or other claimants affected by the changes Marvin Moses, CBA IRB Money Matters: the Business of Immigration Law (Everyone) This will be a highly practical and interactive session on financial management of an immigration law practice, including: How to set fees, including hourly, fixed fee and contingency billing models How and when to bill Setting and getting the most from your marketing budget Staff compensation Paying and receiving commissions Getting value for money from technology Jeffrey Lowe, CBA Mark Holthe, CBA Janet Thompson-Price, CBA

10 3:25 3:40 pm Refreshment Break 3:40 4:40 pm Closing Plenary: Immigration in the Media This panel will address the growing role of the media in formation of Canadian immigration law and policy. Topics of discussion will include: the role of the media in exposing widespread exploitation of foreign nationals by immigration consultants how the media was involved in the current re-shaping of the temporary foreign worker program the growing use of media by policy makers in forming public opinion on immigration issues MODERATOR/SPEAKER: SPEAKERS: 4:40 4:45 pm Final Remarks 4:45 6:00 PM Farewell Reception Alex Stojicevic, CBA Media Representative - Nicholas Keung (Toronto Star) Media Representative - Kathy Tomlinson (Go Public/CBC) Media Representative - TBC