Immigration
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June 04, 2025
Governments must address the rising costs of refugee claims
Refugee policy is a contentious issue in every refugee-receiving country, and Canada is no exception. While there is broad consensus that Canada should protect those genuinely fleeing persecution, concerns arise when the number of asylum claims surges beyond manageable levels or when it appears that the government has lost control over the process.
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June 03, 2025
Should the Ontario Superior Court eliminate civil trials?
Recognizing the Ontario Superior Court to be “arcane, expensive and plagued by delay,” the Civil Rules Working Group has proposed a grand experiment, namely eliminating discoveries and curtailing document production. In place thereof, parties would be required (as they currently are) to tell the truth and to further co-operate. However, given such requirements, and the clear mandate given to the working group to reduce cost and delay, it must be asked whether the proposed reforms go far enough, or whether the Superior Court should eliminate civil trials as well?
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June 02, 2025
Prime Minister Carney taps Montreal lawyers for key roles in PMO
Prime Minister Mark Carney has hired prominent Montreal lawyer Marc-André Blanchard, the former chair and CEO of McCarthy Tétrault LLP, as his chief of staff, while ex-federal justice minister David Lametti, counsel with Montreal’s Fasken, is also taking on senior responsibilities in the new Prime Minister’s Office (PMO), according to media reports.
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June 02, 2025
Proposed changes to Ontario Immigrant Nominee Program
On May 28, 2025, the Ontario government introduced Bill 30, the Working for Workers Seven Act, 2025. If the bill is passed, it will implement policy and legislative changes related to employment law, occupational health and safety, administrative law and immigration. This article focuses on the proposed changes to the Ontario Immigrant Nominee Program (OINP).
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May 30, 2025
SCC rules Quebec licensing law does not apply to firms providing airport, maritime private security
In a judgment that turns on the application of the constitutional doctrine of interjurisdictional immunity, the Supreme Court of Canada has ruled 9-0 that Quebec’s Private Security Act (PSA) does not apply to two companies that engage in airport and marine port security in the province because the Quebec law impairs activities at the core of exclusive federal jurisdiction over aeronautics, navigation and shipping.
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May 28, 2025
Justice minister defends Trudeau bail reforms, but throne speech confirms new restrictions coming
The official Opposition Conservatives have renewed calls to repeal the Trudeau government’s so-called “catch and release” bail reforms, but the new Carney government is defending the changes while pledging to legislate new bail restrictions for certain crimes and repeat offenders.
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May 28, 2025
Common pitfalls in tribunal adjudication of mental health matters, part two: Potential solutions
In part one of this series, I highlighted due process and natural justice or fairness concerns identified by reviewing courts in two mental health tribunal proceedings. In a span of less than four weeks recently, decisions of Ontario’s civil mental health adjudicator, the Consent and Capacity Board, and the Criminal Code-based forensic psychiatric administrative tribunal, the Ontario Review Board, were overturned and returned to them for re-hearing in Hastick v. Banik, 2025 ONSC 3007 and Clayton (Re), respectively.
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May 28, 2025
Ontario reintroduces Act to attract surveyors, enable carbon storage and tackle wildfires
The Ontario government has re-introduced the Resource Management and Safety Act, aimed at enabling and regulating the use of carbon storage technology, as well as attracting more land surveyors to support Ontario’s plan to build more homes and other infrastructure.
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May 28, 2025
Pitfalls in tribunal adjudication of mental health matters: Issues identified by reviewing courts
This past month, two different reviewing courts have provided very similar guidance to two different mental health tribunals in Ontario. On April 24, 2025, the Court of Appeal for Ontario found that Ernest Clayton’s fitness review hearing before the Ontario Review Board constituted a miscarriage of justice and must be reconsidered afresh. Similarly, on May 21, 2025, the Superior Court of Justice returned a review of Arlene Hastick’s Community Treatment Order to the Consent and Capacity Board for re-hearing on the basis that she was denied procedural fairness.
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May 28, 2025
Canada’s new immigration minister: A legal and policy perspective
Following the formation of Prime Minister Mark Carney’s new Liberal government, Lena Metlege Diab has been appointed Canada’s minister of immigration, refugees and citizenship. She replaces Rachel Bendayan and brings to the role a formidable blend of legal expertise and political leadership experience.