Immigration Issues in Depth 2022

Course Chairs
Molly Joeck — Edelmann & Co. Law Offices, Vancouver
Brett J. Nash — Department of Justice Canada, Vancouver

About the Course Chairs
Molly Joeck joined Edelmann and Co. in 2017 and currently practices in all areas of immigration and refugee law.

Molly is from Vancouver, and graduated with a dual common law/civil law degree from McGill University in 2012 before going on to article with the Federal Court of Canada. She was called to the bar of the Law Society of Upper Canada in 2014, and the bar of the Law Society of BC in 2017. She regularly appears before all divisions of the Immigration and Refugee Board, as well as the Federal Court and Federal Court of Appeal.

She is also a PhD candidate at UBC under the supervision of Professor Catherine Dauvergne. Her dissertation research focuses on gender and risk in the immigration detention context in Canada.

Brett Nash is counsel with the Department of Justice Canada in Vancouver and practices primarily in the area of immigration and refugee law. Brett has appeared in the Federal Court and Federal Court of Appeal on a wide range of immigration and refugee issues. Prior to focusing on immigration matters, Brett was counsel on Aboriginal rights and title claims in the Aboriginal Law Section, and prior to joining the Department of Justice, he had a general litigation practice. Brett holds a Master of Laws degree focusing on constitutional and statutory interpretation and international law.

Faculty
Amanda N. Aziz — Migrant Workers Centre BC Society, Vancouver
Jody Brennan — Assistant Deputy Chairperson, Refugee Appeal Division, Western Region, IRB, Vancouver
Aidan Campbell — Edelmann & Co. Law Offices, Vancouver
Robert J. Danay — Legal Counsel, Ministry of Attorney General, Vancouver
Vicky Law — Rise Women's Legal Centre, Vancouver
Erica L.C. Louie — Department of Justice Canada, Vancouver
Karin Michnick — Assistant Deputy Chairperson, Refugee Protection Division, Western Region, IRB, Vancouver
Cheryl D. Mitchell — Barrister & Solicitor (non-practicing), North Vancouver
Deanna L. Okun-Nachoff — McCrea Immigration Law, Vancouver
Johanna Russell — Legal Counsel, IRB, Vancouver
Prabhpreet Sangha — Lehal Law, Delta
Alice Tang — Assistant Deputy Chairperson, Immigration Division, Western Region, IRB, Vancouver
Linda Taylor — Assistant Deputy Chairperson, Immigration Appeal Division, Western Region, IRB, Vancouver

Course Materials Contributor
Sundeep Grewal, JD — Lawgical Law Corporation, Vancouver

Click here for full faculty bios

Welcome and Land Acknowledgement (9:00 – 9:10)

Nadia Myerthall — Program Lawyer, CLEBC, Vancouver
Molly Joeck — Edelmann & Co. Law Offices, Vancouver
Brett J. Nash — Department of Justice Canada, Vancouver

Jurisprudence Update: Administrative and Immigration Law (9:10 – 10:40)

• review of key Federal Court, Federal Court of Appeal, and Supreme Court of Canada immigration, refugee, and citizenship decisions in 2022
• discussion of recent developments in other areas of the law that may impact immigration, refugee, and citizenship law practice
• trends, highlights, and lowlights in recent jurisprudence, and what is expected in 2023

Aidan Campbell — Edelmann & Co. Law Offices, Vancouver
Robert J. Danay — Legal Counsel, Ministry of Attorney General, Vancouver
Erica L.C. Louie — Department of Justice Canada, Vancouver
Johanna Russell — Legal Counsel, IRB, Vancouver

BREAK (10:40 – 10:55)

The Immigration and Refugee Board of Canada (10:55 – 11:55)

• updates from the IRB

Jody Brennan — Assistant Deputy Chairperson, Refugee Appeal Division, Western Region, IRB, Vancouver
Karin Michnick — Assistant Deputy Chairperson, Refugee Protection Division, Western Region, IRB, Vancouver
Alice Tang — Assistant Deputy Chairperson, Immigration Division, Western Region, IRB, Vancouver
Linda Taylor — Assistant Deputy Chairperson, Immigration Appeal Division, Western Region, IRB, Vancouver

NETWORKING LUNCH (provided) (11:55 – 12:55)

Family Law and Immigration Law Intersection (12:55 – 1:50)

• tips for leveraging provincial parens patriae jurisdiction in BIOC arguments with the immigration department
• non-removal orders obtained in the family law context and their impact on immigration removals proceedings and H&C applications 
• potential pathways for unexamined and unexaminable dependents excluded by
  s. 117(9)(d) of the Regulations, including family law orders that might be used in lieu of an IMM5604 "declaration from non-accompanying parent"
• what role does "intention" have in the formation of a common-law relationship (immigration vs. family law)?

Vicky Law — Rise Women's Legal Centre, Vancouver
Deanna L. Okun-Nachoff — McCrea Immigration Law, Vancouver

Pathways for Vulnerable Persons (1:50 – 2:45)

• eligibility criteria and overview of options for victims of family violence 
• abuse considered by officers when considering H&C and TRP applications for victims
• resources for victims of family violence 
• eligibility criteria and overview of the vulnerable worker open work permit program 
• definitions and the kind of abuse considered by officers when determining to issue a vulnerable worker open work permit 
• best practices when assisting a worker fleeing abuse in the workplace

Amanda N. Aziz — Migrant Workers Centre BC Society, Vancouver
Prabhpreet Sangha — Lehal Law, Delta

BREAK (2:45 – 3:00)

Affidavits in Immigration Judicial Review Applications (3:00 – 3:55)

• who is the proper deponent
• when is it proper to use a clerical affidavit
• affidavits sworn outside the jurisdiction—requirements for affidavits sworn within Canada and outside Canada
• virtual commissioning of affidavits—post COVID-19 restrictions technical requirements 
• contents of the affidavit—what is proper and what is not proper (argument, hearsay, material not before the decision maker)
• scope of cross examination of affidavit

Cheryl D. Mitchell — Barrister & Solicitor (non-practicing), North Vancouver

Closing Remarks (3:55 – 4:00)

Molly Joeck — Edelmann & Co. Law Offices, Vancouver
Brett J. Nash — Department of Justice Canada, Vancouver