CLE Online

Welcome and Land Acknowledgement (9:00 – 9:10)

Nadia Myerthall — Program Lawyer, CLEBC, Vancouver
Molly Joeck — Edelmann & Co. Law Offices, Vancouver
Brett J. Nash — Department of Justice Canada, Vancouver

Jurisprudence Update: Administrative and Immigration Law (9:10 – 10:40)

• review of key Federal Court, Federal Court of Appeal, and Supreme Court of Canada immigration, refugee, and citizenship decisions in 2022
• discussion of recent developments in other areas of the law that may impact immigration, refugee, and citizenship law practice
• trends, highlights, and lowlights in recent jurisprudence, and what is expected in 2023

Aidan Campbell — Edelmann & Co. Law Offices, Vancouver
Robert J. Danay — Legal Counsel, Ministry of Attorney General, Vancouver
Erica L.C. Louie — Department of Justice Canada, Vancouver
Johanna Russell — Legal Counsel, IRB, Vancouver

BREAK (10:40 – 10:55)

The Immigration and Refugee Board of Canada (10:55 – 11:55)

• updates from the IRB

Jody Brennan — Assistant Deputy Chairperson, Refugee Appeal Division, Western Region, IRB, Vancouver
Karin Michnick — Assistant Deputy Chairperson, Refugee Protection Division, Western Region, IRB, Vancouver
Alice Tang — Assistant Deputy Chairperson, Immigration Division, Western Region, IRB, Vancouver
Linda Taylor — Assistant Deputy Chairperson, Immigration Appeal Division, Western Region, IRB, Vancouver

NETWORKING LUNCH (provided) (11:55 – 12:55)

Family Law and Immigration Law Intersection (12:55 – 1:50)

• tips for leveraging provincial parens patriae jurisdiction in BIOC arguments with the immigration department
• non-removal orders obtained in the family law context and their impact on immigration removals proceedings and H&C applications 
• potential pathways for unexamined and unexaminable dependents excluded by
  s. 117(9)(d) of the Regulations, including family law orders that might be used in lieu of an IMM5604 "declaration from non-accompanying parent"
• what role does "intention" have in the formation of a common-law relationship (immigration vs. family law)?

Vicky Law — Rise Women's Legal Centre, Vancouver
Deanna L. Okun-Nachoff — McCrea Immigration Law, Vancouver

Pathways for Vulnerable Persons (1:50 – 2:45)

• eligibility criteria and overview of options for victims of family violence 
• abuse considered by officers when considering H&C and TRP applications for victims
• resources for victims of family violence 
• eligibility criteria and overview of the vulnerable worker open work permit program 
• definitions and the kind of abuse considered by officers when determining to issue a vulnerable worker open work permit 
• best practices when assisting a worker fleeing abuse in the workplace

Amanda N. Aziz — Migrant Workers Centre BC Society, Vancouver
Prabhpreet Sangha — Lehal Law, Delta

BREAK (2:45 – 3:00)

Affidavits in Immigration Judicial Review Applications (3:00 – 3:55)

• who is the proper deponent
• when is it proper to use a clerical affidavit
• affidavits sworn outside the jurisdiction—requirements for affidavits sworn within Canada and outside Canada
• virtual commissioning of affidavits—post COVID-19 restrictions technical requirements 
• contents of the affidavit—what is proper and what is not proper (argument, hearsay, material not before the decision maker)
• scope of cross examination of affidavit

Cheryl D. Mitchell — Barrister & Solicitor (non-practicing), North Vancouver

Closing Remarks (3:55 – 4:00)

Molly Joeck — Edelmann & Co. Law Offices, Vancouver
Brett J. Nash — Department of Justice Canada, Vancouver