Overcoming Criminal Inadmissibilities

WHEN
Live webinar July 21, 2020 @ 11:00 AM EST
OR available available video recording

 

INSTRUCTOR
Samuel Plett

 

DURATION
5 hours

 

SUMMARY: This course will provide and in-depth discussion of how to address criminal inadmissibility in immigration applications. The instructor will review the legislative grounds for criminal inadmissibility as well as how to determine the nature of the conviction and the equivalency with Canadian law. Applications to overcome medical inadmissibility permanently and temporarily will be discussed, as well as ethical issues that arise in criminal inadmissibility cases.

  • Legislative structure
    • Scenarios in which criminal inadmissibility arises as an issue
    • The inadmissibility reporting process (from report to removal order)
    • The structure of section 36 of the IRPA
  • Determining the nature of the conviction and the length of the sentence​
    • Classification of criminal offences (summary, indictable, hybrid)
    • What counts as a conviction? (examining various types of sentences)
    • What counts as part of “term of imprisonment”?
    • The impact of the Tran case 
  • Ethical issues part 1: assessing the nature of the criminal offence​
  • The “equivalency” analysis
    • When do we need to determine ‘equivalency’?
    • Survey of jurisprudence on the equivalency analysis
    • The 3-part Hill test
    • The “committing an act” provisions
  • Record suspensions and effect of foreign pardons
    • From ‘pardon’ to ‘record suspension’
    • Overview of record suspension regime
    • Jurisprudence on the effect of foreign pardons (the Saini test)
  • Criminal Rehabilitation and Temporary Residence Permits
    • Overview of criminal rehabilitation legislation
    • Deemed rehabilitation
    • Rehabilitation applications
    • Temporary Resident Permit (‘TRP’)​
  • Case Study: Recent Reforms on Cannabis and DUI
  • Ethical issues part 2: challenges of disclosure​

See Full Course Outline

CPD CREDITS

For Lawyers and Paralegals

Law Society of Ontario
  • Substantive Hours: This program is eligible for up to 4 hours
   • Professionalism Hours: this program contains 1 hour of Professionalism Content

Law Society of British Columbia
   • Approved for 5 CPD credits

Law Society of Saskatchewan
   • Approved for 5 CPD hours including 1 hour of ethics

Law Society of New Brunswick
   • Approved for 5 CPD hours

Law Societies of Alberta, Manitoba, Newfoundland and Nova Scotia
   • For members of these Law Societies, consider including this course as a CPD learning activity in your mandatory annual requirements

For Regulated Canadian Immigration Consultants

Immigration Consultants of Canada Regulatory Council
   • Approved for 5 CPD hours
   • Video recording valid until November 21, 2020

Purchasing Options

Single Course

Includes
• Access to the course materials
• Possibility to download and watch the webinar

Buy Single Course

Your Instructor

Samuel Plett

Barrister & Solicitor

Litigation Consultant and Principal at Plett Law P.C.

Sam is a graduate of the Faculty of Law at the University of Toronto. Prior to law school, Sam studied Peace and Conflict Studies at the Trudeau Centre for Peace and Conflict Studies at the University of Toronto. He is a member of the Canadian Association of Refugee Lawyers, the Refugee Lawyers Association, and the Canadian Bar Association.

​Sam has experience in a wide variety of immigration matters, including applications involving inadmissibility matters, humanitarian and compassionate applications, pre-removal risk assessments, family sponsorship applications, temporary resident permits, and applications for work and study permits. Sam has extensive experience with applications for Judicial Review before the Federal Court of Canada, including applications involving constitutional challenges and motions for stays of removal; and has appeared before the Federal Court of Appeal. Sam has appeared before all three Divisions of the Immigration and Refugee Board in various matters including refugee hearings, appeals before the Immigration Appeal Division, and detention reviews.

​Prior to his work at Plett Law Professional Corporation, Sam was a Partner and Head of Litigation at Desloges Law Group.

​In 2015, Sam received the Canadian Bar Association Immigration Law Section Founders’ Award, given to a young lawyer “for achieving professional excellence, providing leadership, and making a significant contribution to the Canadian citizenship & immigration community”.

​As a law student, Sam was awarded the Ting Sum Tang Memorial Prize (awarded to the student taking the highest place in Immigration Law) and the John Yaremko Award in Human Rights.

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