What Happens to Work Permit Holders Who Have Lost Jobs Due to COVID-19? Foreign nationals who have lost their jobs due to coronavirus have the added burden of wondering whether they will also lose their status in Canada, and how the loss of employment will affect their Canadian immigration applications. What are my options? There…

New Window of Opportunity for Challenging Immigration Decisions March 23, 2020 By Hans John Kalina On December 19, 2019 the Supreme Court of Canada released the decision in Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65. The “Vavilov” decision changes the way Immigration, Refugees and Citizenship Canada (“IRCC”) will be required to…

Respecting and Maintaining Professionalism as a Lawyer True, we build no bridges. We raise no towers. We construct no engines. We paint no pictures. There is little of all that we do which the eye can see. But we smooth out difficulties; we relieve stress; we correct mistakes; we take up other men and women’s…

Legal Fees Explained By Hans John Kalina Let’s talk about legal fees. The topic of legal fees is very often misunderstood by our clients.  First and foremost, clients need to acknowledge that the lawyer is a business person.  Legal services are the product and the lawyer’s livelihood is entirely dependent on the client’s payment for…

Anatomy of a Criminal Proceeding by Hans John Kalina What exactly does a lawyer do to assist their client in a criminal proceeding?  It’s a question that is often asked and poorly understood.  American television programs promote the myth of a lawyer walking into a prosecutor’s office, throwing down a file and yelling to advance…

The Role of Defence Counsel in a Criminal Proceeding  By Hans John Kalina What is the role of defence counsel in a criminal proceeding?  While this may seem like a question with an obvious answer, closer examination, reveals that it is not. There are two opposing views on the subject.  One view is that defence…

As a lawyer practicing both criminal and immigration law, I often receive requests from colleagues for professional advice on issues they are facing when the two branches of law intersect. Recently, I was consulted by a client on behalf of a fellow criminal defence lawyer to provide an opinion letter for a judicial pretrial on the effect of a discharge for a domestic assault an accused was facing.  The client was accused of assaulting his wife.  He, and his wife, were also facing potential deportation. Fortunately, we were able to resolve their predicament.

With the Supreme Court decision in Tran v. Canada, non-citizens (permanent or temporary residents of Canada) will no longer be subject to inadmissibility proceedings and possible deportation as a result of being sentenced for to a conditional sentence of imprisonment.

The Law of Bail in Canada Revisited June 2, 2017 Being arrested by the police is a traumatic event. Once in the criminal justice system, the process of being released from custody can be perplexing and stressful. This week, The Supreme Court of Canada rebuked the culture around the process of granting bail. Procedurally, the…

What to do When Stopped by the Police Being stopped by the police, whether at home, in your car, or on the street can be a source of anxiety. The following guidelines will help you protect your rights and improve your chances of driving or walking away safely. You don’t have to be a legal…

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