Refugee and protection claims in Canada – what is Internal Flight Alternative (IFA)? The refugee protection system in Canada is one that finds grounding in the 1951 Refugee Convention and its 1967 protocols. The core principle is non-refoulement, which asserts that a refugee should not be returned to a country where they face serious threats...
Actus Reus vs. Mens Rea vs. Strict Liability
For you to get convicted of a crime, the Crown prosecutor needs to prove beyond a reasonable doubt that the alleged incident was caused by your conduct and that this alleged conduct was accompanied by a guilty mind. These two elements are referred to as the Actus Reus and the Mens Rea of the alleged...
What Is Counselling?
S.22 of the Criminal Code indicates that: 22 (1) Where a person counsels another person to be a party to an offence and that other person is afterwards a party to that offence, the person who counselled is a party to that offence, notwithstanding that the offence was committed in a way different from that which...
When Can I Use The Defence of Provocation?
Provocation is a partial defence that only applies to murder as it has the capability to reduce a murder charge to a manslaughter charge. S.232(1) of the Criminal Code indicates that culpable homicide that otherwise would be murder may be reduced to manslaughter if the person who committed it did so in the heat...
What are Attempts?
24(1) of the Criminal Code indicates that “everyone who, having an intent to commit on offence, does or omits to do anything for the purpose of carrying out the intention is guilty of an attempt to commit the offence whether or not it was possible under the circumstances to commit the offence”. Additionally, s.24(2)...
Losing your permanent residency in Canada for not meeting the 730 day residency obligation: What to keep in mind and how to fight an appeal to the Immigration Appeal Division
Losing your permanent residency in Canada for not meeting the 730 day residency obligation: What to keep in mind and how to fight an appeal to the Immigration Appeal Division Immigration, Refugees and Citizenship Canada (IRCC) requires permanent residents of Canada to maintain 730 days physically in Canada in a five-year period in order to...
Spousal sponsorship appeals: Taking your refused spousal sponsorship application to the Immigration Appeal Division
Spousal sponsorship appeals: Taking your refused spousal sponsorship application to the Immigration Appeal Division Immigration, Refugees and Citizenship Canada (IRCC) often issues refusals of spousal sponsorship applications when the overseas visa officer finds that a marriage is either not genuine or was entered into primarily for the purpose of immigration to Canada. In these instances,...
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