2019 CBA IMMIGRATION LAW CONFERENCE My Immigration Story - Celebrating the practice of immigration and refugee law

May 30 – June 1, 2019 in ,

Thursday, May 30, 2019

5:30 – 7:30 pm Pre-Registration & Opening Reception – Gateway to the Arctic, Assiniboine Park Zoo The Honourable Kelvin Goertzen, Manitoba Minister of Education and Training

7:30 pm Young Lawyers Social – La Roca, 155 Smith Street, Winnipeg

Friday, May 31, 2019

6:15 am Scenic Run/Walk – Meet in the lobby of the Delta Hotel, all levels of experience welcome! Route is 5k or 30-minute run

6:45 – 7:30 am Self Defence Training Class (participate or observe) – Kildonan Room, Delta Hotel, 2nd floor

7:15 – 8:00 am Registration and Breakfast – Carlton Lobby

8:00 – 8:15 am Welcome Remarks by Conference Co-Chairs – York Ballroom 1 Marina Sedai, Sedai Law Office and National Chair, CBA Immigration Law Section (Surrey) Emily Lockyear, DOJ (Ottawa) Sofia Mirza, Fillmore Riley and Manitoba Section Representative (Winnipeg)

8:15 – 9:00 am The Honourable Ahmed Hussen, M.P., Federal Minister of Immigration, Refugees and Citizenship – York Ballroom 1

9:00 – 10:10 am Opening Plenary (1.25 hours - Substantive Content) – York Ballroom 1 Government Department Global Trends: A summary of the three Government department’s current priorities, what we can expect from each department in 2019, and an update on projects currently being worked on

Moderator: Barbara Jo Caruso, Corporate Immigration Law Firm (Toronto) Speakers: Mark Giralt, IRCC, Domestic Network (Ottawa) Michael Scott, Enforcement and Intelligence Operations (Winnipeg) Deborah Drukarsh, DOJ (Toronto) Kyle Riesterer, Program Delivery, Service Canada (Vancouver)

*Topics and social events subject to change 2-A 2-B 2-C 10:20 – 11:30 am MEETING ROOM 1 MEETING ROOM 2-3 MEETING ROOM 4-5 Interplay Between Immigration Policy and Last resort: Navigating Between LMIA Streams Immigration Refugee Board and Irregular Politics Arrivals Due to their complexity, costs and processing This session will provide insight on the close times, LMIA applications are often an This session will provide updates on links that exist between immigration policy and immigration lawyer’s last resort. government initiatives and responses to the politics and how each influences the other. flow of irregular arrivals as well as an update on This session will provide practical information plans to accelerate processing at the IRB: Topics include: on how lawyers can assist their clients in • The process of a policy becoming law: navigating the different LMIA streams and the • Timelines for hearings from analysis by civil servants with related implications: • An analysis of proposals for paper-based recommendations to the Minister’s Office hearings and other initiatives to triage to a Cabinet Committee to full Cabinet • Traditional LMIA (high wage vs low wage) cases and reduce wait-times for hearings Topics adoption and then the legislative process • Global Talent Stream (categories A and B) and concerns around the need for oral

• How stories in the media have influenced • LMIA Variations hearings (1 hours 10 minutes – certain programs such as the TFWP • Transition plan VS LMBP • An update on timelines for work permits Substantive Content) • Federal elections and the coinciding of • Processing times • Amnesty: is it too early to talk about an announcements around • Program updates amnesty for irregular arrivals? (What parent/grandparent sponsorships would this entail? When has Canada • Refugee Amendments in Financial provided amnesties before?) Omnibus Bill • Is making the entire border subject to the • Canada’s current hot topic of ‘irregular Safe Third Agreement a possible option? arrival’s and what the government may be doing behind the scenes re Safe Third Country Agreement and publicly with information campaigns here and abroad (e.g., trips by politicians to the U.S. and to Nigeria) Cathryn Sawicki, PwC Law LLP (Toronto) Jean-Philippe Brunet, Galileo Partners Inc. Chantal Desloges, Desloges Law Group Moderator Moderator/Speaker (Montréal) Professional Corporation (Toronto) Moderator/Speaker The Honourable John McCallum, Q.C., former Warren L. Creates, Perley-Robertson Hill & David Matas, Barrister & Solicitor (Winnipeg) Minister of Immigration, Refugees and McDougall LLP (Ottawa) Raj Sharma, Stewart Sharma Harsanyi (Calgary) Citizenship Canada and Ambassador to China; Meghan Felt, McInnes Cooper (St. John’s) Gary Dukeshire, IRB (Ottawa) previously Minister of National Defense, Kyle Riesterer, Program Delivery, Service Speakers Minister of Veterans Affairs, Minister of Natural Canada (Vancouver) Resources, Minister of National Revenue and Secretary of State (Toronto) Lloyd Axworthy, P.C., C.C., O.M., Ph.D., Chair of The World Refugee Council (Winnipeg)

11:30 – 11:45 am Refreshment Break – Carlton Lobby

*Topics and social events subject to change 3-A 3-B 3-C 11:45 am – 12:55 pm MEETING ROOM 1 MEETING ROOM 2-3 MEETING ROOM 4-5 Hierarchy of Decision Makers Global Skills Strategy – Where Are We Two (2) Criminal Inadmissibility Years Later? This session will provide insight on which level This session will dive into the “weeds” to of government employee is able to decide Implemented in the summer of 2017, the goal discuss the impact of Bill C-46 on inadmissibility which applications. of the Global Skills Strategy (GSS) is to help including: Canadian employers attract top talent with a • More particularly, the following questions fast and predictable process. The GSS features • An overview of Bill C-46 will be addressed and examined: faster application processing times, work • What is the impact of Bill C-46 on deemed • Who has the power to make what permit exemptions and enhanced customer rehabilitation? decisions? services. • What is the impact of Bill C-46 on border Topics • What is a Minister’s delegate? crossings? • What is the legal basis for this hierarchy of • As the two (2) year anniversary of GSS • What is the impact related to illicit use (1 hour 10 minutes – decision-making? approaches, this session will reflect on the abroad? (even if conduct is legal in Substantive Content) • How does this all work in practice at visa impacts of GSS, including: Canada) offices, inland offices and at the border? • Update on two (2) week processing – is • Risks associated with showing up at the • One example to be highlighted relates to the standard respected? border with marijuana C-46 and the need for a Superintendent to • Processing at the CPC in Edmonton • Processing TRPs and rehabilitation decide a TRP request based on ‘serious • 15 and 30-day work permit exemptions for applications affected by Bill C-46 in LA & criminality’ NOCS 0 and A NY • Work permit exemptions for academics • Integrity issues (work permit exemptions) • Client challenges • Appropriate documentation or lack thereof Gordon Maynard, Maynard Kischer Stojicevic Roxanne Israel, EY Law LLP (Calgary) Peter Edelmann, Edelmann & Co. Law Offices Moderator (Vancouver) Moderator/Speaker Moderator/Speaker (Vancouver) Moderator/Speaker Marina Sedai, Sedai Law Office (Surrey) Stephen W. Green, Green & Spiegel LLP Aris Daghighian, Green & Spiegel LLP (Toronto) Tracy Burtt, IRCC (Ottawa) (Toronto) Brad Gillies, Port of Entry Emerson (Winnipeg) Penny Brady, HRSDC (Gatineau) Lindsey Raymond, ESDC (Toronto) Anton Koncan, Port of Entry Emerson Speakers Michael Scott, Enforcement and Intelligence Mark Giralt, IRCC, Domestic Network (Ottawa) (Winnipeg) Operations (Winnipeg) Derek Johnson, Winnipeg Airport (Winnipeg)

12:55 – 2:10 pm Lunch & Founders’ Award Presentation – York Ballroom 1

2019 Award recipient: • J. Alicia Dueck-Read, Robson Hall, Faculty of Law, Student (Winnipeg)

*Topics and social events subject to change 4-A 4-B 4-C 2:15 – 3:45 pm MEETING ROOM 7, 8, 9, 10, 11 & 12 MEETING ROOM 2-3 MEETING ROOM 4-5 Ask and Answered – Business Immigration Comparing and Contrasting the Prairies Immigration Appeal Division and Immigration Roundtable! Provincial Nominee Programs & NWT PNP Division

Back by popular demand, this Ask and • Update on the AINP, SINP & MPNP • Update on most notable cases from the Answered session will allow participants to ask • NOCs C and D variances between IAD in the past year questions of senior practitioners regarding jurisdictions • 117(9)(d) update on caselaw and subjects of interest in Business Immigration • Parameters of the programs strategies such as outland H&Cs law. The time will be split in 3, so one can move • New immigration pathways / streams (e.g. • Strategies for cases where the client has from one table to the next every 20 minutes new pathways for students) multiple spouses (targeting 15 – 20 participants per table for • Transition Period variances • Genuine marriage refusals and re- each 20 minute slot – i.e. up to 120 participants • Update on Eligibility Requirements (e.g. applications in light of res judicata Topics in the room for this session) income threshold variances, language skill • Detention review update: new protocol variances) for children and mental health (1.5 hours – Substantive Subjects: • Business streams (including re-opening of Content) 1. Express entry the MPNP business stream) 2. Pathways for Entrepreneurs and Startup • Update on the NWT Nominee Program Visa Business Stream 3. Quebec Immigration Programs 4. Work without a Work Permit (GSS, Religious Workers, Trainers, Trainees, etc.) 5. IMP Work Permits (NAFTA/USMCA, CETA, GSS) 6. Criminal Inadmissibility for Corporate Clients (TRPs, Rehabilitation & Deemed Rehabilitation)

*This session will be repeated as session 5-A so two opportunities are available to attend. Marvin Moses, Marvin Moses Law Office Baerbel Langner, HyLife Ltd. (Winnipeg) Robert Blanshay, Blanshay Law (Toronto) Moderator (Toronto) Moderator/Speaker 1. Nathan Po, McCuaig Desrochers LLP Laura Faryna, Government of Northwest The Honourable Alan Diner, Federal Court (Edmonton) Territories (Yellowknife) (Ottawa) 2. Helen Park, Dentons Canada LLP Jyoti Haeusler, McDougall Gauley LLP (Regina) Shoshana Green, Green & Spiegel LLP (Toronto) (Vancouver) Ben Rempel, Manitoba Education and Training Joel Rubinoff, LS, Senior Counsel, IRB 3. Stéphane Duval, McCarthy Tétrault Megan Dawson, McCuaig Desrochers LLP (Vancouver) Speakers S.E.N.C.R.L., s.r.l (Montréal) (Edmonton) Alice Tang, Assistant Deputy Chairperson, ID, 4. Michael Greene, Q.C., Sherritt Greene Western Division, IRB (Vancouver) (Calgary) 5. Melodie Molina, PwC Law LLP (Toronto) 6. Alex Stojicevic, MKS Immigration Lawyers (Vancouver)

*Topics and social events subject to change 5-A 5-B 5-C 3:55 – 5:25 pm MEETING ROOM 7, 8, 9, 10, 11 & 12 MEETING ROOM 2-3 MEETING ROOM 4-5 Ask and Answered – Business Immigration CBSA / Port of Entry Issues Medical Inadmissibility Roundtable! This session will discuss strategies applicable In response to the Standing Committee report Back by popular demand, this Ask and to applications made at the POE. Learn how to relating to medical inadmissibility, the Minister Answered session will allow participants to ask best prepare clients to deal with work permits, implemented a temporary public policy tripling questions of senior practitioners regarding landings, inadmissibility and other POE issues the excessive demand threshold for medical subjects of interest in Business Immigration including: inadmissibility costs from $6,655 to $19,812 law. The time will be split in 3, so one can annually and removing inadmissibility for certain move from one table to the next every 20 • Section 44 reports – should clients sign- social services. minutes (targeting 15 – 20 participants per off on this report? table for each 20 minute slot – i.e. up to 120 • IRCC flags vs CBSA flags • What strategies exist for clients who will participants in the room for this session) exceed the new threshold of $99,060 (over 5 Topics • Update on risks associated with years)? Are H&Cs viable? flagpoling (for landings / work permits, Subjects: • Which social services are covered under the (1.5 hours – Substantive etc.) 1. Express entry exemption: elaboration on special education Content) • Kiosk impact on permit issuance and 2. Pathways for Entrepreneurs and Startup services, social and vocational rehabilitation transfer to secondary inspection Visa services and personal support services

3. Quebec Immigration Programs • When will the public policy be enacted 4. Work without a Work Permit (GSS, legislatively? Religious Workers, Trainers, Trainees, etc.) 5. IMP Work Permits (NAFTA/USMCA, CETA, GSS) 6. Criminal Inadmissibility for Corporate Clients (TRPs, Rehabilitation & Deemed Rehabilitation)

*This session is a duplication of session 4-A so two opportunities are available to attend. Nadia Allibhai, EY Law LLP (Calgary) Chris Veeman, Veeman Law (Saskatoon) Michael Battista, Battista Smith Migration Law Moderator Moderator/Speaker Group (Toronto) Moderator/Speaker 1. Nathan Po, McCuaig Desrochers LLP Chantal Arsenault, Norton Rose Fulbright Alexandra Mann, Sherritt Greene (Calgary) (Edmonton) Canada S.E.N.C.R.L., s.r.l. (Montréal) 2. Helen Park, Dentons Canada LLP Brad Gillies, Port of Entry Emerson (Winnipeg) (Vancouver) Anton Koncan, Port of Entry Emerson 3. Stéphane Duval, McCarthy Tétrault (Winnipeg) Speakers S.E.N.C.R.L., s.r.l (Montréal) 4. Michael Greene, Q.C., Sherritt Greene (Calgary) 5. Melodie Molina, PwC Law LLP (Toronto) 6. Alex Stojicevic, MKS Immigration Lawyers (Vancouver)

*Topics and social events subject to change 5:15 – 6:15 pm Bench and Bar meeting – Meeting Room 1

7:00 pm Reception, Dinner and Entertainment – Canadian Museum for Human Rights

Saturday, June 1, 2019

8:00 – 8:30 am Registration and Breakfast – Carlton Lobby

8:30 – 9:30 am Morning Plenary – York Ballroom 1 Health & Wellness for Lawyers (1 hour – Ethics, Professionalism, Practice Management content) This session will share insight from three speakers on how lawyers can cope with the stresses encountered in the practise of law to maintain good health in our profession.

Moderator: Suzanne Rix, Cox & Palmer (Halifax) Speakers: Ashleigh Frankel, The WiseMind Co. (Toronto) Robert Kominar, Integrity Dispute Resolution (Hamilton) Dr. Mandana Modirrousta, University of Manitoba and St. Boniface Hospital (Winnipeg)

*Topics and social events subject to change 7-A 7-B 7-C 9:40 – 11:05 am MEETING ROOM 4-5 MEETING ROOM 2-3 MEETING ROOM 7, 8, 9, 10, 11 & 12 Biometrics and VAC’s ESDC Compliance Practical Tips Ask and Answered – Hot topics!

This session will provide an update on VACs Compliance reviews might be your client’s Also back by popular demand, this Ask and the rollout of the biometrics collection worst nightmare, but they are here to stay! Answered session will allow participants to ask requirements. This session will provide real-life examples as questions of senior practitioners in a variety of well as case law on compliance issues under areas as noted below. The time will be split in 3, This session will review: the TFWP and the IMP. In this session, learn so one can move from one table to the next every • Short summary of changes regarding more about: 20 minutes (targeting 15 – 20 participants per processing, closing and change of table for each 20 minute slot – i.e. up to 120 services at VACs Before: participants in the room for this session) Topics • How to advise clients when VACs are • Best practices for preparation in case of a providing legal advice compliance review Subjects: (1.5 hours – Substantive • Update on rollout and effectiveness of • Record keeping – who is responsible of 1. Impact of C-46 on permanent residents Content) the new biometrics system what? (impaired driving, impact on appeal rights, • In-Canada launch of biometrics • Voluntary declaration, an important tool solutions to overcome) • Issues encountered During: 2. Study permits and post-graduate work • Officers’ powers and expectations permits • What to expect with on-site visits 3. Tips for spousal sponsorships • Practical tips on answering audits 4. LMIAs After: 5. Refugee law and H&Cs • Consequences of non-compliance 6. Litigation (Federal Court, judicial review) • Best practices for ensuring future compliance *This session will be repeated as session 8-C so two opportunities are available to attend. Julio Mena, Fasken (Montréal) Geneviève Hénault, Gomberg Dalfen Betsy Kane, Capelle Kane (Ottawa) Moderator (Montréal) Moderator/Speaker Ryan Rosenberg, Larlee Rosenberg Jeevyn Dhaliwal, Larlee Rosenberg 1. Jonathan E. Leebosh, EY Law LLP (Vancouver) (Vancouver) (Vancouver) Cindy Switzer, Maynard Kischer Stojicevic Mark Douglas, Service Canada (Vancouver) 2. Janet Thompson-Price, Thompson Price Law (Vancouver) Jamie Noel, IRCC, Employer Compliance and (Rothesay) Jaquelyn Facette, IRCC, International Network Investigations Unit (ECIU) (Ottawa) 3. Robin Seligman, Barrister & Solicitor (Ottawa) (Toronto) Richard Sembera, IRCC, Biometrics Expansion 4. Steven Meurrens, Larlee Rosenberg Speakers Oversight and Steady State, Information (Vancouver) Sharing Management Division, Immigration 5. Jacqueline Bonisteel, Corporate Immigration Program Guidance (Ottawa) Law Firm (Ottawa) and Diane Dagenais, DOJ (Toronto) 6. Nalini Reddy, Pitblado LLP (Winnipeg) and Brendan Friesen, DOJ, Prairie Regional Office (Winnipeg)

11:05 – 11:20 am Refreshment Break – Carlton Lobby

*Topics and social events subject to change 8-A 8-B 8-C 11:20 – 12:35 pm MEETING ROOM 2-3 MEETING ROOM 4-5 MEETING ROOM 7, 8, 9, 10, 11 & 12 Immigration Consultants Practise Tips for U.S. Travel Ask and Answered – Hot topics!

• Standing Committee Report (June 2017) This session will address a variety of subjects Also back by popular demand, this Ask and • Minister response? affecting your client’s travel to the United Answered session will allow participants to ask • Interim measures: RCMP and CBSA States, including: questions of senior practitioners in a variety of resources areas as noted below. The time will be split in 3, • The CBA proposal focusing on public • Nexus cards / appeals so one can move from one table to the next every protection and how it deals with ‘ghost’ • Cannabis (Bill C-46 update) 20 minutes (targeting 15 – 20 participants per consultants and may benefit diligent • Advising clients who own shares in table for each 20 minute slot – i.e. up to 120 cannabis businesses on how to deal with participants in the room for this session) Topics consultants secondary inspections

• Subjects: (1.25 hours – Substantive Advising medical marijuana and other 1. Impact of C-46 on permanent residents Content) legal marijuana users on U.S. travel (impaired driving, impact on appeal rights, • Variance in interpretation / application of USMCA solutions to overcome) 2. Study permits and post-graduate work permits 3. Tips for spousal sponsorships 4. LMIAs 5. Refugee law and H&Cs 6. Litigation (Federal Court, judicial review)

*This session is a duplication of session 7-C so two opportunities are available to attend. Ravi Jain, Green & Spiegel LLP (Toronto) Henry Chang, Dentons Canada LLP (Toronto) Paul Hesse, Pitblado LLP (Winnipeg) Moderator Moderator/Speaker Barbara Jo Caruso, Corporate Immigration Kevin Zemp, Zemp Law Group (Calgary) 1. Jonathan E. Leebosh, EY Law LLP Law Firm (Toronto) Chief Noel C. Halley, United States Customs (Vancouver) Robert Hersch, IRCC LSU Counsel (Ottawa) and Border Protection (Pembina, ND) 2. Janet Thompson-Price, Thompson Price Law Katarina Stephenson, IRCC, Immigration (Rothesay) Branch, Social Policy Division (Ottawa) 3. Robin Seligman, Barrister & Solicitor (Toronto) 4. Steven Meurrens, Larlee Rosenberg Speakers (Vancouver) 5. Jacqueline Bonisteel, Corporate Immigration Law Firm (Ottawa) and Diane Dagenais, DOJ (Toronto) 6. Nalini Reddy, Pitblado LLP (Winnipeg) and Brendan Friesen, DOJ, Prairie Regional Office (Winnipeg)

12:40 – 2:10 pm Luncheon – York Ballroom 1

*Topics and social events subject to change 9-A 9-B 9-C 2:15 – 3:45 pm MEETING ROOM 1 MEETING ROOM 2-3 MEETING ROOM 4-5 Quicksand Ahead: Re-Availment and POE Express Entry Federal Court - Courts and Motions Examinations • Update on changes to the program • Jurisprudential updates, highlighting Justice This session will consider IRCC and CBSA • Best practice tips Ahmed decisions enforcement efforts. • Police clearances issues • Practice Guidelines for Citizenship, • How to address fields for documents Immigration and Refugee Law Proceedings • Re-availment, Cessation and Citizenship that are not required issued November 5, 2018 by The Honourable Topics Applications • How to address discrepancies with Paul Crampton, Chief Justice • Port of Entry Examinations: Is there a allocation of points • New Trend with the Federal Court of Appeal declining to hear cases even when the (1.5 hours – Substantive right to counsel? When can you remain • Education assessment tips Content) • Federal Court Trial Division Judge has silent? How to deal with technical problems certified a question (a new leave • Enforcing a removal order even for requirement?) foreign nationals outside of Canada • The Standard of Review – a summary of the (http://www.gazette.gc.ca/rp- arguments before the SCC pr/p2/2018/2018-11-14/html/sor- • Stay Motions and the tripartite test: an dors232-eng.html) update • Section 87 applications • Section 18.1 of the CSIS Act dealing with confidentiality Carter Hoppe, Carter Hoppe Legal Consultants Victoria Cowling, Corporate Immigration Law Lorne Waldman, Waldman & Associates (Toronto) Moderator (Toronto) Moderator/Speaker Firm (Toronto) Moderator/Speaker The Honourable Alan Diner, Federal Court Sarah Fagan, Rekai LLP (Toronto) The Honourable Keith Boswell, Federal Court (Ottawa) Mark Holthe, Stringam LLP (Lethbridge) (Ottawa) Speakers Rebecca Norton, dRN Law LLP (Calgary) Tracy Burtt, IRCC (Ottawa) Arghavan Gerami, Gerami Law PC (Ottawa) Michael Scott, Enforcement and Intelligence Bogdan Sultana, IRCC (Ottawa) Émilie Tremblay, DOJ, Quebec Regional Office Operations (Winnipeg) (Montréal)

*Topics and social events subject to change 3:55 – 4:10 pm Volunteer Recognition Award Presentation – York Ballroom 1 Award Recipients: • Kyle Hyndman, McCrea Immigration Law (Vancouver) • Nathan Po, McCuaig Desrochers LLP (Edmonton) • Michael Battista, Battista Smith Migration Law Group (Toronto)

4:10 – 4:45 pm Closing Plenary – York Ballroom 1

Moderator: Abdul Souraya, Phoenix Legal, CBA (Calgary) Speaker: Abdo (Albert) Ibrahim El Tassi, C.M., O.M., LL.D. Peerless Garments LP, Philanthropist and Community Leader (Winnipeg)

4:45 – 5:05 pm “In / Au Canada” Documentary Screening – York Ballroom 1

5:05 – 5:15 pm Final Remarks and Draws – York Ballroom 1

5:15 – 6:30 pm Farewell Reception – York Ballroom 1

*Topics and social events subject to change