Immigration Issues in Depth 2020

Course Chairs
Laura A. Best — Embarkation Law Corporation, Vancouver
Brett J. Nash — Department of Justice Canada, Vancouver

About the Course Chairs
Laura Best is a founding Director of Embarkation Law Corporation, where she practices Canadian immigration and refugee law. She assists clients who want to come to or remain in Canada: to reunite with family, to find safe haven, to pursue economic and academic opportunities. She represents clients with their applications to Immigration, Refugees and Citizenship Canada and in proceedings with Canada Border Services Agency. She regularly appears before all levels of the Immigration and Refugee Board of Canada and at the Federal Court of Canada. She has also represented clients at the BC Supreme Court and Court of Appeal.

Laura regularly presents on issues of immigration and refugee law at continuing legal education conferences.

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
Paul Daly — University Research Chair in Administrative Law & Governance, University of Ottawa, Ottawa
Amanda Dunn — Federal Court Registry, Vancouver
Paula Faber — Acting Assistant Deputy Chairperson, Refugee Appeal Division, Western Region, IRB, Vancouver
Assistant Professor Alexandra Flynn — Peter A. Allard School of Law, University of BC, Vancouver
Yvette-Monique Gray — Director, Enforcement & Intelligence Division (Pacific Region), CBSA, Vancouver
Molly Joeck — Edelmann & Co. Law Offices, Vancouver
Tasneem Karbani — Department of Justice Canada, Vancouver
Darren McLeod — Legal Counsel, IRB, Vancouver
Karin Michnick — Assistant Deputy Chairperson, Refugee Protection Division, Western Region, IRB, Vancouver
Erica Olmstead — Edelmann & Co. Law Offices, Vancouver
Trishann Pascal — Acting Manager, Detention Program Management Unit, Intelligence & Enforcement Branch NHQ, CBSA, Ottawa
Banafsheh Sokhansanj — Department of Justice Canada, Vancouver
Alice Tang — Assistant Deputy Chairperson, Immigration Division, Western Region, IRB, Vancouver
Linda Taylor — Assistant Deputy Chairperson, Immigration Appeal Division, Western Region, IRB, Vancouver

Click here for full faculty bios

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

Laura A. Best — Embarkation Law Corporation, Vancouver
Brett J. Nash — Department of Justice Canada, Vancouver

Implications of Vavilov (9:10 – 10:00)

• the demise of correctness review for the immigration bar?
• the meaning of "responsiveness" in immigration law matters
• when are administrative reasons lacking in internal coherence?
• front-line immigration decision-making: Vavilov's new demands on busy officials

Paul Daly — University Research Chair in Administrative Law & Governance, University of Ottawa, Ottawa
Tasneem Karbani — Department of Justice Canada, Vancouver

BREAK (10:00 – 10:20)

Jurisprudence Update: Administrative and Immigration Law (10:20 – 11:50)

• review of key Federal Court, Federal Court of Appeal and Supreme Court of Canada immigration, refugee and citizenship decisions in 2020
• 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 2020

Assistant Professor Alexandra Flynn — Peter A. Allard School of Law, University of BC, Vancouver
Darren McLeod — Legal Counsel, IRB, Vancouver
Erica Olmstead — Edelmann & Co. Law Offices, Vancouver
Banafsheh Sokhansanj — Department of Justice Canada, Vancouver

LUNCH (11:50 – 12:30)

The Immigration and Refugee Board of Canada (12:30 – 1:30)

• updates from the IRB
• new procedures due to COVID-19

Paula Faber — Acting 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

BREAK (1:30 – 1:50)

Federal Court Update (1:50 – 2:20)

• COVID-19 and its impact on the registry
• electronic files
• virtual hearings
• the settlement pilot project
• in person services

Amanda Dunn — Federal Court Registry, Vancouver

BREAK (2:20 – 2:40)

Detention Update (2:40 – 3:25)

• overview of detention—pre-COVID and during COVID
• update on immigration holding centers
• alternative to detentions program
• minors
• removals
• the impact of COVID-19 on detention
• detention case law updates

Yvette-Monique Gray — Director, Enforcement & Intelligence Division (Pacific Region), CBSA, Vancouver
Molly Joeck — Edelmann & Co. Law Offices, Vancouver
Trishann Pascal — Acting Manager, Detention Program Management Unit, Intelligence & Enforcement Branch NHQ, CBSA, Ottawa

Closing Remarks (3:25 – 3:30)

Laura A. Best — Embarkation Law Corporation, Vancouver
Brett J. Nash — Department of Justice Canada, Vancouver