1. Paralegal Education – BCTA 302
Immigration and Refugee Law
Citizenship
Prof. Shirley R. Wales
Prof. S. R. Wales
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2. The Current Reality
 More than 50 % of GTA residents are foreign-born
 More than 27 % of ON residents are foreign-born
 Ontario has the most diverse population in the
world
 In less than 5 years, immigration will account for ALL
the net labour market force growth
Prof. S. R. Wales
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3. The Problem:
 Even with immigration continuing at its current
rate, the population of Canada will decline
 Why? The birth rate isn’t high enough to cause the
population levels to increase
 See CAN IMMIGRATION COMPENSATE FOR
BELOW-REPLACEMENT FERTILITY?: THE
CONSEQUENCES OF THE UNBALANCED
SETTLEMENT OF IMMIGRANTS IN CANADIAN
CITIES, 2001-2051.
 http://www.debmatthews.onmpp.ca/PhD_Thesis.pdf
Prof. S. R. Wales
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4. The Law
 Federal – IRPA and IRPR
 International – Treaties
 Convention Relating to the Status of Refugees
 Provincial
 Quebec


Sec. 86 IRPR Quebec Skilled Worker Class
Ontario


Canada-Ontario Immigration Agreement
Fair Access to Regulated Professions Act, 2006
Prof. S. R. Wales
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5. The Legislation
 The Immigration and Refugee Protection Act

IRPA
 The Immigration and Refugee Protection
Regulations

IRPR
 Before June 2002:


The Immigration Act
The Immigration Regulations, 1978
Prof. S. R. Wales
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6. The Players
 The Federal Government


CIC
CBSA
 The Provincial Government

Ministry of Citizenship & Immigration
 The Regulator

ICCRC
 The Tribunal and The Court

IRB & Federal Court
Prof. S. R. Wales
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7. Sources of New Canadians
New Canadian
Citizens
Born in
Canada
Foreign-Born
Prof. S. R. Wales
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8. Why New Canadians?
 Economic

Economy will suffer if population declines
 Social

Canadians approve of family reunification
 Legal

Canada has international obligations to accept
refugees

United Nations High Commission on Refugees
 UNHCR
Prof. S. R. Wales
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9. Who is a Canadian Citizen?
 The Law: Citizenship Act
 First Question: Place of Birth?


Born in Canada
Born Outside Canada
Prof. S. R. Wales
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10. The Citizenship Act
Canadian Citizens
Born in Canada
Born Outside Canada
Most are automatically
Canadian citizens
Very few qualify as Canadian
Citizens at birth
Prof. S. R. Wales
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11. The Citizenship Act
 Sec. 3 Born in Canada = Canadian Citizen
 Exceptions:

Sec. 2(2)(a) Deemed born in Canada

Sec. 3 (1)(b) Born Outside to Canadian Citizen


AND
Sec. 8 - repealed - applies to retain before = 28
yrs old
Prof. S. R. Wales
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12. The Citizenship Act Jurisprudence
 Refusal of Application for Canadian
Citizenship

Zundel
 Revocation of Canadian Citizenship

Not possible to revoke if born in Canada


Oberlander
Phan
 Renunciation & Resumption

Conrad Black
Prof. S. R. Wales
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13. War Crimes & Canadian Citizenship
 Revocation of Canadian Citizenship possible


Sec. 7
Oberlander
 Not for Canadian-born Citizens

Sec. 10 (1)


Order in case of Fraud
Sec. 10(2)

Presumption of Fraud
Prof. S. R. Wales
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14. The Path to Canadian Citizenship
Canadian
Citizenship
Born in Canada
Permanent
Resident
Sec. 2(1) IRPA
Born Outside
Canada
Prof. S. R. Wales
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15. The Importance of PR Status
 Citizenship Act


Sec. 5 Grant of Citizenship
Must be Permanent Resident

Defined by Sec. 2(1) IRPA
 Temporary Residents



Pt. 9 IRPR
Includes Visitors, Workers, Students
No Direct Path from Temporary Resident
Status to Permanent Resident Status
Prof. S. R. Wales
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16. From Permanent Resident to Canadian
Citizen
Citizen
Permanent
Resident
Temporary
Resident
Prof. S. R. Wales
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17. Acquiring Canadian Citizenship
Canadian Citizenship
Born in Canada
Permanent Resident
Temporary Resident
Pt. 10 IRPR Visitor’s Visa
Pt. 11 IRPR Work Permit
Pt. 12 IRPR Study Permit
Prof. S. R. Wales
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18. Authorized Representatives for New
Canadians – April 13, 2004 – June 30, 2011

Sec. 13.1 IRPR

Representation for a Fee
 Sec. 2 IRPR
 Authorized Representative
 Canadian Society of Immigration Consultants
 Membership Requirements
 Academic – included Humber Immigration
Consultant Certificate
 Language Testing
 Membership Exam
Prof. S. R. Wales
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19. New Regulators of Immigration
Consultants:
Immigration Consultants
of Canada Regulatory
Council ICCRC
Law Society of Upper
Canada LSUC
[licensed paralegals]
Prof. S. R. Wales
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20. Sources of New Canadians
Sponsorship of
Members of the
Family Class
Business
Immigrants
Refugees
Prof. S. R. Wales
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21. Why These Three Groups?
 1. Members of the Family Class
 Family Reunification

Sec. 3(1) IRPA
 2. Refugees
 International Obligations

Sec. 96 IRPA Convention Refugee
 3. Business Immigrants
 Economic Impact

Part 6 IRPR
 Skilled Workers, Investors, Entrepreneurs, SelfEmployed
Prof. S. R. Wales
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22. Immigration
 The Players:
 1. The Sponsor – in Canada

Canadian Citizen or Permanent Resident
 2. The Applicant – Overseas

The “Foreign National”
 3. The Authorized Representative


Lawyer OR licensed paralegal
ICCRC Member
Prof. S. R. Wales
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23. Professional Limits on Immigration
Consultants
 Counselling Misrepresentation

Sec. 126 IRPA
 ICCRC Code of Professional Ethics
Prof. S. R. Wales
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