CANADA LAW

CANADA LAW

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American family seeks asylum in Canada, citing Trump
American family seeks asylum in Canada, citing Trump
A family from Illinois is anxiously awaiting a decision from a Canadian tribunal as they seek asylum north of the border, claiming that America’s politics have made them feel unsafe.
·cbc.ca·
American family seeks asylum in Canada, citing Trump
Travel and identification documents for entering Canada
Travel and identification documents for entering Canada
Acceptable documents that confirm citizenship and identity when travelling alone or with children or minors.
CBSA recommends travelling with a valid passport.
·cbsa-asfc.gc.ca·
Travel and identification documents for entering Canada
Launch of the Joint Operational Intelligence Cell - Canada.ca
Launch of the Joint Operational Intelligence Cell - Canada.ca
Royal Canadian Mounted Royal (RCMP), Canada Border Services Agency (CBSA), Public Safety Canada (PS), Communications Security Establishment Canada (CSE), Canadian Security Intelligence Service (CSIS), Health Canada (HC), and the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC)
·canada.ca·
Launch of the Joint Operational Intelligence Cell - Canada.ca
Strengthening border security - Canada.ca
Strengthening border security - Canada.ca
In Canada, the Department of Public Safety, alongside the Canada Border Service Agency (CBSA) and the Royal Canadian Mounted Police (RCMP), takes a leadership role in keeping Canadians safe and supporting the country’s economic prosperity through the secure and efficient management of Canada's borders
·canada.ca·
Strengthening border security - Canada.ca
Canada-U.S. Safe Third Country Agreement - Canada.ca
Canada-U.S. Safe Third Country Agreement - Canada.ca
Policy and Regulations - Canada-U.S. Safe Third Country Agreement
will be returned to the US unless they meet 1 of the relevant exemptions or exceptions under the STCA
The Agreement does not apply to US citizens
The Minister of Citizenship and Immigration will monitor, on a continual basis, the four factors described above and report to the Governor in Council should circumstances warrant.
Factor 3: Human rights record of the United States The United States meets a high standard with respect to the protection of human rights. It is an open democracy with independent courts, separation of powers and constitutional guarantees of essential human rights and fundamental freedoms.
·canada.ca·
Canada-U.S. Safe Third Country Agreement - Canada.ca
S.743 - 112th Congress (2011-2012): Whistleblower Protection Enhancement Act of 2012 | Congress.gov | Library of Congress
S.743 - 112th Congress (2011-2012): Whistleblower Protection Enhancement Act of 2012 | Congress.gov | Library of Congress
Establishes a "disinterested observer" standard for evaluating the validity of disclosures that evidence violations of law, gross mismanagement, gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.
Provides that a whistleblower cannot be deprived of WPA coverage unless the President removes the whistleblower's agency from coverage prior to a challenged personnel action taken against the whistleblower.
to require the Office of Special Counsel to show that the whistleblower's protected disclosure was a significant motivating factor in the decision to take an adverse action
Merit Systems Protection Board (MSPB),
(Sec. 110) Extends whistleblower protections to any current or prospective federal employee for disclosures that such employee reasonably believes are evidence of censorship related to research, analysis, or technical information.
(Sec. 111) Amends the Homeland Security Act of 2002 to provide that a permissible use of independently obtained infrastructure information includes the disclosure of such information for whistleblower purposes.
(Sec. 113) Authorizes the Special Counsel to appear as amicus curiae in whistleblower actions.
·congress.gov·
S.743 - 112th Congress (2011-2012): Whistleblower Protection Enhancement Act of 2012 | Congress.gov | Library of Congress
Ranking Member Connolly Investigating Trump-Administration Silencing Potential VA Whistleblowers with Gag Orders
Ranking Member Connolly Investigating Trump-Administration Silencing Potential VA Whistleblowers with Gag Orders
Veterans Affairs (VA) tasked by the Trump Administration with slashing its headcount by approximately 80,000 employees have been required to sign gag orders that may be unlawful.
Whistleblower Protection Enhancement Act requires gag orders for federal employees to include a mandatory statement that employee communications with Congress and Inspectors General are protected, explicitly prohibiting agencies from implementing or enforcing gag orders on potential whistleblowers.
For more than a century, Congress has safeguarded and championed the ability of federal employees to report waste, fraud, and abuse within the Executive Branch directly to Congress and other federal watchdogs.  It is imperative that these courageous truthtellers are able to expose misconduct without fear of retaliation or reprisal.
·connolly.house.gov·
Ranking Member Connolly Investigating Trump-Administration Silencing Potential VA Whistleblowers with Gag Orders
Mark Carney unveils a plan to Trump-proof Canada
Mark Carney unveils a plan to Trump-proof Canada
Liberals pledge offense with defense, a new NATO commitment and plans to bolster Canada’s North
“The North faces existential threats as countries try to take advantage of new shipping routes opened by climate change, exploit our critical minerals, and encroach on our borders,” the plan says. “We will keep Canada strong, free, and sovereign.”
Half of the spending will go to new military equipment and weapons for the Canadian Armed Forces, such as submarines and icebreakers to monitor and protect coastlines, including in the Arctic, against Russian and Chinese aggression. This includes new drones for its seas and skies.
Much of the new spending will be used to bolster Canada’s North, to deter the influence of China, which has been attempting to make inroads with Indigenous communities in the Arctic.
On Friday, his party released more details of a plan that promises NORAD upgrades and a new permanent Arctic military base in Iqaluit, the capital and largest community in Nunavut. The party also promises to build back another base in Inuvik, about 125 miles north of the Arctic Circle in Canada’s Northwest Territories, to enable “quick interceptions of Russian and Chinese incursions.”
I will say to the Americans that if we can get a rapid conclusion to this ridiculous trade dispute in a way that protects our sovereignty, ends the tariffs, then I will put all the proceeds of that additional trade to work rebuilding our armed forces for a change
America’s unjustified and reckless trade war threatens Canadian jobs, businesses, and our way of life. ... In the face of this threat, we have a plan to build the strongest economy in the G7,” Carney said.
The party also wants to build new trading relationships with Europe and Asia, while eyeing new trade deals with MERCOSUR, the South American regional economic integration bloc, and ASEAN, a regional group of 10 Southeast Asian countries
·politico.com·
Mark Carney unveils a plan to Trump-proof Canada
Immigration and Refugee Protection Act Part 2 Division 1 - Who is a Convention refugee and person in need of protection
Immigration and Refugee Protection Act Part 2 Division 1 - Who is a Convention refugee and person in need of protection
Federal laws of Canada
A Convention refugee is a person who, by reason of a well-founded fear of persecution for reasons of r
outside each of their countries of nationality
(b) to a risk to their life or to a risk of cruel and unusual treatment or punishment if
(ii) the risk would be faced by the person in every part of that country and is not faced generally by other individuals in or from that country,
unless imposed in disregard of accepted international standards,
the risk is not caused by the inability of that country to provide adequate health or medical care.
the person is unable or, because of that risk, unwilling to avail themself of the protection of that country,
**** (1) A person in need of protection is a person in Canada whose removal to their country or countries of nationality o
·laws-lois.justice.gc.ca·
Immigration and Refugee Protection Act Part 2 Division 1 - Who is a Convention refugee and person in need of protection
Immigration and Refugee Act 99.3
Immigration and Refugee Act 99.3

Convention Refugees and Persons in Need of Protection

Claim for Refugee Protection

99 (1) A claim for refugee protection may be made in or outside Canada.

Marginal note:

Claim outside Canada

(2) A claim for refugee protection made by a person outside Canada must be made by making an application for a visa as a Convention refugee or a person in similar circumstances, and is governed by Part 1.

Claim inside Canada

(3) A claim for refugee protection made by a person inside Canada must be made in person to an officer, must not be made by a person who is subject to a removal order, and is governed by this Part.

Marginal note: Claim made inside Canada — not at port of entry

(3.1) A person who makes a claim for refugee protection inside Canada other than at a port of entry must provide the officer, within the time limits provided for in the regulations, with the documents and information — including in respect of the basis for the claim — required by the rules of the Board, in accordance with those rules

inadmissibility 101 (f) the claimant has been determined to be inadmissible on grounds of security, violating human or international rights, serious criminality or organized criminality.

in the case of inadmissibility by reason of a conviction outside Canada, the conviction is for an offence that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years.

CONVICTION

99 (1) A claim for refugee protection may be made in or outside Canada.
(2) A claim for refugee protection made by a person outside Canada must be made by making an application for a visa as a Convention refugee or a person in similar circumstances, and is governed by Part 1.
(3) A claim for refugee protection made by a person inside Canada must be made in person to an officer, must not be made by a person who is subject to a removal order, and is governed by this Part.
must provide the officer, within the time limits provided for in the regulations, with the documents and information — including in respect of the basis for the claim — required
The burden of proving that a claim is eligible to be referred to the Refugee Protection Division rests on the claimant, who must answer truthfully all questions put to them.
the officer considers it necessary to wait for a decision of a court with respect to a claimant who is charged with an offence under an Act of Parliament that is punishable by a maximum term of imprisonment of at least 10 years.
other places it says convicted, but this mentions delaying while a court case plays out
(b) in the case of inadmissibility by reason of a conviction outside Canada, the conviction is for an offence that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years.
conviction
(f) the claimant has been determined to be inadmissible on grounds of security, violating human or international rights, serious criminality or organized criminality
persecution
designating countries that comply with Article 33 of the Refugee Convention and Article 3 of the Convention Against Torture;
(b) an officer considers it necessary to wait for a decision of a court with respect to a claimant who is charged with an offence under an Act of Parliament that may be punished by a maximum term of imprisonment of at least 10 years.
·laws-lois.justice.gc.ca·
Immigration and Refugee Act 99.3
Immigration and Refugee Protection Act 100
Immigration and Refugee Protection Act 100

documents and information to be provided The burden of proving that a claim is eligible to be referred to the Refugee Protection Division rests on the claimant, who must answer truthfully all questions put to them. 100 (1) An officer shall, after receipt of a claim referred to in subsection 99(3), determine whether the claim is eligible to be referred to the Refugee Protection Division and, if it is eligible, shall refer the claim in accordance with the rules of the Board.

(4) A person who makes a claim for refugee protection inside Canada at a port of entry and whose claim is referred to the Refugee Protection Division must provide the Division, within the time limits provided for in the regulations, with the documents and information — including in respect of the basis for the claim — required by the rules of the Board, in accordance with those rules.

Marginal note: Date of hearing

(4.1) The referring officer must, in accordance with the regulations, the rules of the Board and any directions of the Chairperson of the Board, fix the date on which the claimant is to attend a hearing before the Refugee Protection Division.

101 (f) the claimant has been determined to be inadmissible on grounds of security, violating human or international rights, serious criminality or organized criminality.

in the case of inadmissibility by reason of a conviction outside Canada, the conviction is for an offence that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years.

CONVICTION

·laws-lois.justice.gc.ca·
Immigration and Refugee Protection Act 100
Refugee & Asylum Lawyer Vancouver | Vayeghan Litigation
Refugee & Asylum Lawyer Vancouver | Vayeghan Litigation
Helping you find safety and freedom: Timely, accessible support for your refugee and asylum journey in Canada
particular, the fear of persecution must apply to the individual who is applying for refugee status. This means that the individual is under threat for one of the above five factors,
person can obtain refugee protection in Canada if the evidence shows that he or she is “in need of protection” because of a serious risk to his or her life in their country of origi
demonstrate that police agencies in the applicant’s home country are unable or unwilling to provide protection.
·mvlitigation.com·
Refugee & Asylum Lawyer Vancouver | Vayeghan Litigation
Step 1: Make a claim for Refugee Protection - Immigration and Refugee Board of Canada
Step 1: Make a claim for Refugee Protection - Immigration and Refugee Board of Canada
when you are already in Canada (inland)
If the officer decides that you can make a refugee claim
The officer will give you a: Refugee Protection Identity Document (RPID): This document will help you get health care coverage and apply for a work permit or a study permit form saying that the officer has sent your claim to the RPD  Basis of Claim (BOC) form: You must complete and send the form directly to the RPD within 45 days
On this application, you will give information about how you came to Canada, your education, work, and family. You will have 45 days to complete it.
If you decide to make your claim after you have entered Canada, you must: complete your online application using the IRCC portal go to an appointment at an IRCC office
·irb-cisr.gc.ca·
Step 1: Make a claim for Refugee Protection - Immigration and Refugee Board of Canada
Apply Magic Sauce - Prediction API
Apply Magic Sauce - Prediction API
Apply Magic Sauce translates individuals' digital footprints into psychological profiles. It generates a Big Five Personality Profile, prediction of age, gender, sexual, religion and politics preferences.
·applymagicsauce.com·
Apply Magic Sauce - Prediction API