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Author: Raj Napal Publisher: Brush Education ISBN: 1550598171 Category : Law Languages : en Pages : 265
Book Description
Advocate effectively for detained immigrants at the Immigration and Refugee Board of Canada Every year in Canada, thousands of immigrants are detained in holding centres and jails, and the numbers continue to grow year over year. Immigrants can be arrested without warrant and held indefinitely without charge, but all detainees are entitled to regular detention reviews. If you work with immigrant detainees, you need to know how to present an effective case at detention review hearings to secure their release. This one-stop resource presents a comprehensive overview of the detentionreview process administered by the Immigration Division, a branch of the Immigration and Refugee Board (IRB) of Canada. More than just a summary of the law that governs detention reviews, this guide outlines practical steps that can help you to secure a detainee’s release. Through an in-depth case study, immigration lawyer Raj Napal examines every stage of the detention review process, from drafting a suitable retainer agreement to presenting a case and questioning witnesses in front of an IRB tribunal. Drawing on more than 20 years of experience advocating for immigrants at the IRB, Raj covers everything you need to know to prepare for a detention review and maximize your chance of securing your client’s release. Anyone working in immigration law—including lawyers, paralegals and immigration consultants—needs this book. This practical handbook covers: - Essential grounds for detention, the legislation, the case law and the procedural protocol of the Immigration Division. - Tactics to present your case effectively before the board. - Creating effective release plans for detainees. - Dealing with detained children. - Recent developments and precedents that affect detention reviews, including the 2017 Laird Report and the 2019 amended Chairperson’s Guideline on Detention.
Author: Raj Napal Publisher: Brush Education ISBN: 1550598171 Category : Law Languages : en Pages : 265
Book Description
Advocate effectively for detained immigrants at the Immigration and Refugee Board of Canada Every year in Canada, thousands of immigrants are detained in holding centres and jails, and the numbers continue to grow year over year. Immigrants can be arrested without warrant and held indefinitely without charge, but all detainees are entitled to regular detention reviews. If you work with immigrant detainees, you need to know how to present an effective case at detention review hearings to secure their release. This one-stop resource presents a comprehensive overview of the detentionreview process administered by the Immigration Division, a branch of the Immigration and Refugee Board (IRB) of Canada. More than just a summary of the law that governs detention reviews, this guide outlines practical steps that can help you to secure a detainee’s release. Through an in-depth case study, immigration lawyer Raj Napal examines every stage of the detention review process, from drafting a suitable retainer agreement to presenting a case and questioning witnesses in front of an IRB tribunal. Drawing on more than 20 years of experience advocating for immigrants at the IRB, Raj covers everything you need to know to prepare for a detention review and maximize your chance of securing your client’s release. Anyone working in immigration law—including lawyers, paralegals and immigration consultants—needs this book. This practical handbook covers: - Essential grounds for detention, the legislation, the case law and the procedural protocol of the Immigration Division. - Tactics to present your case effectively before the board. - Creating effective release plans for detainees. - Dealing with detained children. - Recent developments and precedents that affect detention reviews, including the 2017 Laird Report and the 2019 amended Chairperson’s Guideline on Detention.
Author: Anna Pratt Publisher: University of British Columbia Press ISBN: 9780774811545 Category : Law Languages : en Pages : 290
Book Description
Anna Pratt takes a close look at the laws, policies, and practices of detention and deportation in Canada since the Second World War. She demonstrates that although the desire to fortify the border against risky outsiders has long been prominent in Canadian immigration penality, the degree to which concerns about security, crime, and fraud have come to govern the process is unprecedented. Securing Borders traces the connections between seemingly disparate concerns - detention, deportation, liberalism, law, discretion, welfare, criminal justice, refugees, security, and risk - to consider them in relation to the changing modes of Canadian governance.
Author: Sharon Bala Publisher: Anchor ISBN: 0385542305 Category : Fiction Languages : en Pages : 394
Book Description
Globe and Mail bestseller, The Boat People is an extraordinary novel about a group of refugees who survive a perilous ocean voyage only to face the threat of deportation amid accusations of terrorism When a rusty cargo ship carrying Mahindan and five hundred fellow refugees from Sri Lanka's bloody civil war reaches Vancouver's shores, the young father thinks he and his six-year-old son can finally start a new life. Instead, the group is thrown into a detention processing center, with government officials and news headlines speculating that among the "boat people" are members of a separatist militant organization responsible for countless suicide attacks—and that these terrorists now pose a threat to Canada's national security. As the refugees become subject to heavy interrogation, Mahindan begins to fear that a desperate act taken in Sri Lanka to fund their escape may now jeopardize his and his son's chance for asylum. Told through the alternating perspectives of Mahindan; his lawyer, Priya, a second-generation Sri Lankan Canadian who reluctantly represents the refugees; and Grace, a third-generation Japanese Canadian adjudicator who must decide Mahindan's fate as evidence mounts against him, The Boat People is a spellbinding and timely novel that provokes a deeply compassionate lens through which to view the current refugee crisis.
Author: James C. Simeon Publisher: Routledge ISBN: 1000539369 Category : Law Languages : en Pages : 481
Book Description
This volume elucidates and explores the interrelationships and direct causal connection between serious international crimes, serious breaches to fundamental human rights, and gross affronts to human dignity that lead to mass forced migration. Forced migration most often occurs in the context of protracted armed conflict of a noninternational nature where terrorism, fierce fighting, deep animosity, tit-for-tat retaliation, and “rapid dominance” doctrine all lead to the commission of atrocity crimes. Accordingly, this volume makes a valuable contribution to the literature and to the cause of trying to resolve mass forced displacement at its root cause, to explore the course that it takes, and how it might be prevented. The collection comprises original research by leading legal scholars and jurists focusing on the three central themes of serious international crimes, human rights, and forced migration. The work also includes a Foreword from Sir Howard Morrison, QC, former President of the Appeals Division of the International Criminal Court. The book will be a valuable resource for students, academics, researchers, and policymakers working in the areas of international law, migration, human rights, and international criminal law.
Author: Diane Webber Publisher: Routledge ISBN: 1317385489 Category : Law Languages : en Pages : 302
Book Description
Preventive detention as a counter-terrorism tool is fraught with conceptual and procedural problems and risks of misuse, excess and abuse. Many have debated the inadequacies of the current legal frameworks for detention, and the need for finding the most appropriate legal model to govern detention of terror suspects that might serve as a global paradigm. This book offers a comprehensive and critical analysis of the detention of terror suspects under domestic criminal law, the law of armed conflict and international human rights law. The book looks comparatively at the law in a number of key jurisdictions including the USA, the UK, Israel, France, India, Australia and Canada and in turn compares this to preventive detention under the law of armed conflict and various human rights treaties. The book demonstrates that the procedures governing the use of preventive detention are deficient in each framework and that these deficiencies often have an adverse and serious impact on the human rights of detainees, thereby delegitimizing the use of preventive detention. Based on her investigation Diane Webber puts forward a new approach to preventive detention, setting out ten key minimum criteria drawn from international human rights principles and best practices from domestic laws. The minimum criteria are designed to cure the current flaws and deficiencies and provide a base line of guidance for the many countries that choose to use preventive detention, in a way that both respects human rights and maintains security.
Author: Hanna Gros Publisher: ISBN: Category : Canada Languages : en Pages : 113
Book Description
"[The report] documents how people in immigration detention, including those fleeing persecution and seeking protection in Canada, are regularly handcuffed, shackled, and held with little to no contact with the outside world. With no set release date, they can be held for months or years. Many are held in provincial jails with the regular jail population and are often subjected to solitary confinement. Those with psychosocial disabilities - or mental health conditions - experience discrimination throughout the process."--Publisher website.
Author: Martin L. Friedland Publisher: University of Toronto Press ISBN: 1487597290 Category : Social Science Languages : en Pages : 318
Book Description
Detention before trial has been one of the most neglected areas in the whole administration of criminal justice. In the past, attention has been focussed almost exclusively on detention after trial (i.e. sentencing), which touches the lives of significantly fewer persons than detention before trial. There has been no previous examination in Canada of the utility or effectiveness of its operation. This study will fill an important need by documenting statistically the extent and nature of custody before trial in the Toronto Magistrates' Courts, where the overwhelming majority of citizens charged with criminal offences in the Toronto area are tried. Although the study is primarily directed at practices before trial in Toronto, many of these practices can be found in other cities throughout North America. Specific areas of importance which were investigated here include the use of the summons; the extent to which accused persons are detained in custody both before and after the first court appearance; bail-setting practices and the ability to raise bail; the activities of professional bondsmen; the enforcement of penalties for absconding; and the relationship between custody and the outcome of the trial. Much of the presentation of the data is descriptive, but attempts are made throughout the study to prove statistically the existence of casual relationships. The result is a work which brings together in lucid and scholarly form important evidence which will be valuable to lawyers and all who are professionally concerned with social problems, and of interest to everyone with a regard for the administration of justice.
Author: Jared Genser Publisher: Cambridge University Press ISBN: 1107034450 Category : Law Languages : en Pages : 655
Book Description
This book is a practical guide to freeing political prisoners and provides a comprehensive review of this UN body's 1,200 jurisprudence cases.
Author: Christina R. Clark-Kazak Publisher: McGill-Queen's Press - MQUP ISBN: 0228022193 Category : Social Science Languages : en Pages : 551
Book Description
Forced migration shaped the creation of Canada as a settler state and is a defining feature of our contemporary national and global contexts. Many people in Canada have direct or indirect experiences of refugee resettlement and protection, trafficking, and environmental displacement. Offering a comprehensive resource in the growing field of migration studies, Forced Migration in/to Canada is a critical primer from multiple disciplinary perspectives. Researchers, practitioners, and knowledge keepers draw on documentary evidence and analysis to foreground lived experiences of displacement and migration policies at the municipal, provincial, territorial, and federal levels. From the earliest instances of Indigenous displacement and settler colonialism, through Black enslavement, to statelessness, trafficking, and climate migration in today’s world, contributors show how migration, as a human phenomenon, is differentially shaped by intersecting identities and structures. Particularly novel are the specific insights into disability, race, class, social age, and gender identity. Situating Canada within broader international trends, norms, and structures – both today and historically – Forced Migration in/to Canada provides the tools we need to evaluate information we encounter in the news and from government officials, colleagues, and non-governmental organizations. It also proposes new areas for enquiry, discussion, research, advocacy, and action.
Author: Raj Napal
Author: Raj Napal
Author: Anna Pratt
Author: Sharon Bala
Author: James C. Simeon
Author: Diane Webber
Author: Hanna Gros
Author: Martin L. Friedland
Author: Inter-American Commission on Human Rights
Author: Jared Genser
Author: Christina R. Clark-Kazak