This course sets the stage for learning about Canadian immigration law and practice. The key building blocks of Canada's immigration framework will be elaborated with particular focus on the laws, case law, policies, and processes associated with the various types of immigration status and stream. The course begins with an overview of the historical, theoretical, administrative law, constitutional and policy underpinnings of Canadian migration law. Students will be introduced to the key actors and institutions, the principal categories and classes of immigration, as well as the basic elements of immigration enforcement. The interplay between international human rights standards and domestic law will be canvassed with reference to the uses of international law in immigration advocacy. A legal research and writing 'boot camp' incorporated into the course introduces legal terminology and legal reasoning; how to read and interpret case law and legislation; how to conduct immigration-related research; how to analyse legal issues; and how to apply the principles of persuasive legal writing and oral advocacy. Finally, the importance of ethics and reflective practice for life-long learning are key themes that are introduced in the course and reinforced throughout the Graduate Diploma. This course is a pre- or co- requisite for all other courses in the Graduate Diploma in Immigration and Citizenship Law (GDICL).
Think critically about issues in legal ethics, the values of professionalism and public justice. This course reviews the Regulated Canadian Immigration Consultant's Code of Professional Ethics, the permitted scope of practice, and explores how to effectively represent clients while fulfilling ethical obligations. (1.5 credit units)
This course provides an overview of the requirements for entry to Canada that apply to foreign nationals seeking admission to Canada temporarily, whether as visitors, workers or students. Visa requirements for temporary residency will be canvassed along with the medical examination requirement. Substantive topics include visa applications for principal applicants and accompanying family members, extension of status, the ¿Super Visa¿, breach of conditions, work permits and what it means to be work-permit exempt, labour market impact assessment requirements, and the international mobility program and other temporary foreign worker programs. Recent policy reforms to address the perceived overreliance of Canadian employers on foreign workers and the exploitation and abuse of those workers will also be considered. The final module of the course examines study permit requirements, including how to prepare study permit applications, extend status, and address the common complications that may arise. (1.5 credit units.)
This course provides an in-depth examination of the regime for economic-class permanent resident visa applicants. The course begins with express entry and the comprehensive ranking system, followed by an overview of the classes to which this system applies: the federal skilled worker class, the federal skilled trades class, the Canadian experience class, and provincial and territorial nominee programs. The course then moves on to consider the classes that are not part of the express entry system: immigrants to Quebec, business immigrants, and the pilot programs for caregivers. Students will also be introduced to the National Occupation Classification system, the tool used to assess work experience and qualifications. (1.5 credit units.)
This course engages students in the specific requirements, eligibility criteria, and procedures associated with family class immigration and the family sponsorship regime. Students will develop an understanding of the two sponsorship programs: the outside Canada (under the Family Class) and the inside Canada (under the Spouse or Common-Law Partner or Conjugal Partner in Canada Class) programs. ¿Relationships of convenience¿, a common basis for rejecting sponsorships, will be considered, along with the specific rules for sponsoring adopted children, parents and grandparents. (1.5 credit units.)
This course examines the legal framework for Canada¿s refugee and complementary protection programs, including a comprehensive analysis of statutory eligibility provisions and the inclusion and exclusion elements of the refugee definition and related case law. Students will engage with the rules, policies and procedures of both the Refugee Protection Division and the Refugee Appeal Division of the Immigration and Refugee Board, and will gain the practical skills needed to represent clients in all phases of status determination procedures. A dedicated module examines the impact of trauma on the legal indicators of credibility and equips students with practical strategies for representing survivors of violence and trauma. Finally, the course situates Canadian refugee law in its global context and encourages a critical appraisal of both Canadian policies and international efforts to regulate and control asylum flows. (2.0 credit units.)
This course examines the broad parameters and policy rationales for Canada's immigration enforcement regime. Students will engage with the measures adopted by Canada to regulate arrivals at the border, as well as the grounds of inadmissibility that are used both to deny entry and as a basis for removal for conduct that is identified as contrary to the interests of Canadian society. The processes that precede removal, the special procedures adopted in cases of serious criminality or deemed security risk as well as the grounds for arrest and detention will be covered in-depth. Students will be equipped to successfully represent clients in detention review and inadmissibility hearings before the Immigration Division as well as removal order appeals before the Immigration Appeal Division of the Immigration and Refugee Board. Students will also develop the capacity to identify and pursue relevant administrative remedies, including applications for criminal rehabilitation, Ministerial relief and temporary resident permits.
This course examines the legal framework underpinning Canadian citizenship, including the Citizenship Act and Regulations and related policy documents. The rules and related procedures for the acquisition of citizenship, naturalization, revocation, and renunciation, as well as the complications that commonly arise in relation to multiple nationalities will be examined in depth. Recent amendments to the Citizenship Act will be considered along with current policy debates. (1.0 credit units).
This course will equip students with the practical skills needed to operate an immigration consulting practice, whether that involves setting up and managing an immigration consulting business or incorporating these skills into an existing workplace, such as a law practice, student advising position, or human resources office. Best practices used by firms working in a global context will be examined and the core functions of the business of an immigration consulting practice will be considered in turn: strategy, digital marketing, sales, operations and business development. Course materials and interactive exercises will introduce the basic elements of financial literacy, including accounting techniques, bookkeeping, and maintaining financial records. The increasingly central role of information technology as a practice management tool will be examined and critically assessed, with specific attention to the uses of various software applications to support effective practice management.
The course will also address how to work with third parties, how to prepare for an initial client
interview, how to write retainer agreements, and how to set up and manage case files and client accounts. A capstone module will focus on refining legal research, reasoning and writing as well as client interviewing skills. Finally, students will construct a client file from the first meeting with the client through to closure of the file. Throughout this course, students will practice and refine the legal and practical skills required for effective practice management.