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Paralegal Education – BCTA 302

Immigration and Refugee Law

Citizenship
Prof. Shirley R. Wales

Prof. S. R. Wales

1
The Current Reality
 More than 50 % of GTA residents are foreign-born
 More than 27 % of ON residents are foreign-born
...
The Problem:
 Even with immigration continuing at its current

rate, the population of Canada will decline
 Why? The bir...
The Law
 Federal – IRPA and IRPR
 International – Treaties
 Convention Relating to the Status of Refugees
 Provincial
...
The Legislation
 The Immigration and Refugee Protection Act


IRPA

 The Immigration and Refugee Protection

Regulation...
The Players
 The Federal Government



CIC
CBSA

 The Provincial Government


Ministry of Citizenship & Immigration

...
Sources of New Canadians
New Canadian
Citizens

Born in
Canada

Foreign-Born
Prof. S. R. Wales

7
Why New Canadians?
 Economic


Economy will suffer if population declines

 Social


Canadians approve of family reuni...
Who is a Canadian Citizen?
 The Law: Citizenship Act
 First Question: Place of Birth?



Born in Canada
Born Outside C...
The Citizenship Act

Canadian Citizens

Born in Canada

Born Outside Canada

Most are automatically
Canadian citizens

Ver...
The Citizenship Act
 Sec. 3 Born in Canada = Canadian Citizen
 Exceptions:


Sec. 2(2)(a) Deemed born in Canada



Sec...
The Citizenship Act Jurisprudence
 Refusal of Application for Canadian

Citizenship


Zundel

 Revocation of Canadian C...
War Crimes & Canadian Citizenship
 Revocation of Canadian Citizenship possible



Sec. 7
Oberlander

 Not for Canadian...
The Path to Canadian Citizenship
Canadian
Citizenship

Born in Canada

Permanent
Resident
Sec. 2(1) IRPA
Born Outside
Cana...
The Importance of PR Status
 Citizenship Act



Sec. 5 Grant of Citizenship
Must be Permanent Resident


Defined by Se...
From Permanent Resident to Canadian
Citizen
Citizen
Permanent
Resident
Temporary
Resident

Prof. S. R. Wales

16
Acquiring Canadian Citizenship
Canadian Citizenship

Born in Canada

Permanent Resident

Temporary Resident

Pt. 10 IRPR V...
Authorized Representatives for New
Canadians – April 13, 2004 – June 30, 2011


Sec. 13.1 IRPR


Representation for a Fe...
New Regulators of Immigration
Consultants:
Immigration Consultants
of Canada Regulatory
Council ICCRC
Law Society of Upper...
Sources of New Canadians
Sponsorship of
Members of the
Family Class

Business
Immigrants

Refugees

Prof. S. R. Wales

20
Why These Three Groups?
 1. Members of the Family Class
 Family Reunification


Sec. 3(1) IRPA

 2. Refugees
 Interna...
Immigration
 The Players:

 1. The Sponsor – in Canada


Canadian Citizen or Permanent Resident

 2. The Applicant – O...
Professional Limits on Immigration
Consultants
 Counselling Misrepresentation


Sec. 126 IRPA

 ICCRC Code of Professio...
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Transcript of "Wk2 citizen 2012_pp"

  1. 1. Paralegal Education – BCTA 302 Immigration and Refugee Law Citizenship Prof. Shirley R. Wales Prof. S. R. Wales 1
  2. 2. The Current Reality  More than 50 % of GTA residents are foreign-born  More than 27 % of ON residents are foreign-born  Ontario has the most diverse population in the world  In less than 5 years, immigration will account for ALL the net labour market force growth Prof. S. R. Wales 2
  3. 3. The Problem:  Even with immigration continuing at its current rate, the population of Canada will decline  Why? The birth rate isn’t high enough to cause the population levels to increase  See CAN IMMIGRATION COMPENSATE FOR BELOW-REPLACEMENT FERTILITY?: THE CONSEQUENCES OF THE UNBALANCED SETTLEMENT OF IMMIGRANTS IN CANADIAN CITIES, 2001-2051.  http://www.debmatthews.onmpp.ca/PhD_Thesis.pdf Prof. S. R. Wales 3
  4. 4. The Law  Federal – IRPA and IRPR  International – Treaties  Convention Relating to the Status of Refugees  Provincial  Quebec   Sec. 86 IRPR Quebec Skilled Worker Class Ontario   Canada-Ontario Immigration Agreement Fair Access to Regulated Professions Act, 2006 Prof. S. R. Wales 4
  5. 5. The Legislation  The Immigration and Refugee Protection Act  IRPA  The Immigration and Refugee Protection Regulations  IRPR  Before June 2002:   The Immigration Act The Immigration Regulations, 1978 Prof. S. R. Wales 5
  6. 6. The Players  The Federal Government   CIC CBSA  The Provincial Government  Ministry of Citizenship & Immigration  The Regulator  ICCRC  The Tribunal and The Court  IRB & Federal Court Prof. S. R. Wales 6
  7. 7. Sources of New Canadians New Canadian Citizens Born in Canada Foreign-Born Prof. S. R. Wales 7
  8. 8. Why New Canadians?  Economic  Economy will suffer if population declines  Social  Canadians approve of family reunification  Legal  Canada has international obligations to accept refugees  United Nations High Commission on Refugees  UNHCR Prof. S. R. Wales 8
  9. 9. Who is a Canadian Citizen?  The Law: Citizenship Act  First Question: Place of Birth?   Born in Canada Born Outside Canada Prof. S. R. Wales 9
  10. 10. The Citizenship Act Canadian Citizens Born in Canada Born Outside Canada Most are automatically Canadian citizens Very few qualify as Canadian Citizens at birth Prof. S. R. Wales 10
  11. 11. The Citizenship Act  Sec. 3 Born in Canada = Canadian Citizen  Exceptions:  Sec. 2(2)(a) Deemed born in Canada  Sec. 3 (1)(b) Born Outside to Canadian Citizen   AND Sec. 8 - repealed - applies to retain before = 28 yrs old Prof. S. R. Wales 11
  12. 12. The Citizenship Act Jurisprudence  Refusal of Application for Canadian Citizenship  Zundel  Revocation of Canadian Citizenship  Not possible to revoke if born in Canada   Oberlander Phan  Renunciation & Resumption  Conrad Black Prof. S. R. Wales 12
  13. 13. War Crimes & Canadian Citizenship  Revocation of Canadian Citizenship possible   Sec. 7 Oberlander  Not for Canadian-born Citizens  Sec. 10 (1)   Order in case of Fraud Sec. 10(2)  Presumption of Fraud Prof. S. R. Wales 13
  14. 14. The Path to Canadian Citizenship Canadian Citizenship Born in Canada Permanent Resident Sec. 2(1) IRPA Born Outside Canada Prof. S. R. Wales 14
  15. 15. The Importance of PR Status  Citizenship Act   Sec. 5 Grant of Citizenship Must be Permanent Resident  Defined by Sec. 2(1) IRPA  Temporary Residents    Pt. 9 IRPR Includes Visitors, Workers, Students No Direct Path from Temporary Resident Status to Permanent Resident Status Prof. S. R. Wales 15
  16. 16. From Permanent Resident to Canadian Citizen Citizen Permanent Resident Temporary Resident Prof. S. R. Wales 16
  17. 17. Acquiring Canadian Citizenship Canadian Citizenship Born in Canada Permanent Resident Temporary Resident Pt. 10 IRPR Visitor’s Visa Pt. 11 IRPR Work Permit Pt. 12 IRPR Study Permit Prof. S. R. Wales 17
  18. 18. Authorized Representatives for New Canadians – April 13, 2004 – June 30, 2011  Sec. 13.1 IRPR  Representation for a Fee  Sec. 2 IRPR  Authorized Representative  Canadian Society of Immigration Consultants  Membership Requirements  Academic – included Humber Immigration Consultant Certificate  Language Testing  Membership Exam Prof. S. R. Wales 18
  19. 19. New Regulators of Immigration Consultants: Immigration Consultants of Canada Regulatory Council ICCRC Law Society of Upper Canada LSUC [licensed paralegals] Prof. S. R. Wales 19
  20. 20. Sources of New Canadians Sponsorship of Members of the Family Class Business Immigrants Refugees Prof. S. R. Wales 20
  21. 21. Why These Three Groups?  1. Members of the Family Class  Family Reunification  Sec. 3(1) IRPA  2. Refugees  International Obligations  Sec. 96 IRPA Convention Refugee  3. Business Immigrants  Economic Impact  Part 6 IRPR  Skilled Workers, Investors, Entrepreneurs, SelfEmployed Prof. S. R. Wales 21
  22. 22. Immigration  The Players:  1. The Sponsor – in Canada  Canadian Citizen or Permanent Resident  2. The Applicant – Overseas  The “Foreign National”  3. The Authorized Representative   Lawyer OR licensed paralegal ICCRC Member Prof. S. R. Wales 22
  23. 23. Professional Limits on Immigration Consultants  Counselling Misrepresentation  Sec. 126 IRPA  ICCRC Code of Professional Ethics Prof. S. R. Wales 23
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