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.

Tax and Customs evasion charges do not fall under the Criminal Code of Canada, and have not historically resulted in individuals being denied entry to the United States. With the Canada Revenue Agency’s (CRA) reported new plan to fingerprint individuals accused of these offences starting on April 1, 2017 this could change.

Most of us believe that we have a good memory. That our memory is like a film recording that we can play back to provide an accurate recollection of events. However, research shows that the truth is much different. Recent studies reinforce the fact that our memories are fallible and unreliable, even though an emotional connection with an event enhances memory formation.

Crossing Borders – Proceed with Caution Issues at the border with our southern neighbour are very much in the news. It is not surprising that some people see traveling to or from the USA as frought with trepidation and concern. What can you expect at the port of entry, whether by land, air or sea?…

Today the Ontario Court of Appeal released its decision in R. v. McKenzie, 2017 ONCA 128, ruling that immigration consequences do not warrant a significant departure from the appropriate range of sentences.

New rating system for Comprehensive Ranking under Express Entry. LMIA job offers reduced by 550 points in favour of allocating more points to applicants with Canadian experience and education.

Sponsoring your spouse to Canada the easy way.

The Unpleasant Truth I recently came across this cartoon. It depicts two booths. The booth with a long line dispenses comforting lies. The other booth has no line, dispenses the unpleasant truth. The cartoon reminded me of a potential client that came into our office the other day. He was charged, as so many of…

Deportation can be a serious unintended consequence of a criminal conviction. It is important to be aware of the issue from the outset of a criminal charge.

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