Immigration
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May 28, 2025
Justice minister defends Trudeau bail reforms, but throne speech confirms new restrictions coming
The official Opposition Conservatives have renewed calls to repeal the Trudeau government’s so-called “catch and release” bail reforms, but the new Carney government is defending the changes while pledging to legislate new bail restrictions for certain crimes and repeat offenders.
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May 28, 2025
Common pitfalls in tribunal adjudication of mental health matters, part two: Potential solutions
In part one of this series, I highlighted due process and natural justice or fairness concerns identified by reviewing courts in two mental health tribunal proceedings. In a span of less than four weeks recently, decisions of Ontario’s civil mental health adjudicator, the Consent and Capacity Board, and the Criminal Code-based forensic psychiatric administrative tribunal, the Ontario Review Board, were overturned and returned to them for re-hearing in Hastick v. Banik, 2025 ONSC 3007 and Clayton (Re), respectively.
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May 28, 2025
Ontario reintroduces Act to attract surveyors, enable carbon storage and tackle wildfires
The Ontario government has re-introduced the Resource Management and Safety Act, aimed at enabling and regulating the use of carbon storage technology, as well as attracting more land surveyors to support Ontario’s plan to build more homes and other infrastructure.
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May 28, 2025
Pitfalls in tribunal adjudication of mental health matters: Issues identified by reviewing courts
This past month, two different reviewing courts have provided very similar guidance to two different mental health tribunals in Ontario. On April 24, 2025, the Court of Appeal for Ontario found that Ernest Clayton’s fitness review hearing before the Ontario Review Board constituted a miscarriage of justice and must be reconsidered afresh. Similarly, on May 21, 2025, the Superior Court of Justice returned a review of Arlene Hastick’s Community Treatment Order to the Consent and Capacity Board for re-hearing on the basis that she was denied procedural fairness.
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May 28, 2025
Canada’s new immigration minister: A legal and policy perspective
Following the formation of Prime Minister Mark Carney’s new Liberal government, Lena Metlege Diab has been appointed Canada’s minister of immigration, refugees and citizenship. She replaces Rachel Bendayan and brings to the role a formidable blend of legal expertise and political leadership experience.
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May 27, 2025
Throne speech states Carney government’s ‘core mission is to build the strongest economy in the G7’
Delivering Canada’s speech from the throne for the first time, King Charles III outlined the Carney Liberal government’s plans to make Canada’s economy the most robust in the G7, including by driving the country’s emergence as an energy superpower and by removing internal trade barriers and other roadblocks to creating big national projects and large-scale affordable housing.
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May 27, 2025
CFIB releases data on barriers to interprovincial labour mobility
The Canadian Federation of Independent Business (CFIB) has released its annual report card on domestic trade, highlighting “inconsistent regulations and standards restricting labour mobility across the country.”
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May 26, 2025
U.S. extraordinary ability work permits and green cards
If you desire to go to the U.S. and have some notoriety in your work or field of expertise, one option is to pursue a non-immigrant or immigrant visa based on your extraordinary ability. The bar for what constitutes “extraordinary ability” is possibly lower than one might think, but higher than one might prefer.
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May 22, 2025
Opening Iran to tourism and technology: Economic potential, strategic implications
This article examines the transformative potential of opening Iran’s tourism and technology sectors to international investment and co-operation.
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May 20, 2025
Saskatchewan conference examines role of tribunal counsel
Tribunal counsel must give legal advice that is neutral, remain “independent of the parties” involved and not be seen as influencing an outcome, said a veteran administrative lawyer during a Saskatchewan conference.