Introduction P.2 I. Assessing Inadmissibility and Eligibility For
2011 NATIONAL CITIZENSHIP AND IMMIGRATION LAW CONFERENCE, GATINEAU, QC PANEL 4C LIFE AFTER CRIME – POST CRIMINALITY OPTIONS – REHABILITATION, PARDONS AND TRP GORDON MAYNARD Index Introduction p.2 I. Assessing inadmissibility and eligibility for relief p.4 II. Dealing with the client, time frames, costs and expectations. p.9 III. Preparing the Rehabilitation and associated TRP Applications p.12 IV. Submission of Rehabilitation and TRP applications. p.17 V. Pardon Applications p.20 VI. Toolkit Appendix p.24 1 2011 NATIONAL CITIZENSHIP AND IMMIGRATION LAW CONFERENCE, GATINEAU, QC PANEL 4C LIFE AFTER CRIME – POST CRIMINALITY OPTIONS – REHABILITATION, PARDONS AND TRP GORDON MAYNARD Introduction This paper is about the processes of relief from criminal inadmissibility – applications for rehabilitation or pardons. Particularly, The process of assessing inadmissibility and eligibility for relief (The Inadmissibility Toolkit Appendix) The processes of dealing with clients, estimating success, time frames, costs and managing client expectations; The processes of preparing applications for relief (which might be a determination of rehabilitation or pardon, and associated TRP), and; The processes that the client’s application passes through to obtain a determination, whether it is at the POE, inland office, visa post or at National Parole Board. There is sensibility in the Canadian scheme of criminality rendering a person inadmissible, but with the ability to temporarily or permanently remove the inadmissibility. There is a reasonable mix of hard and fast rules and requirements and the flexibility necessary to accommodate individual circumstances. The system isn’t perfect. Discretion isn’t 100% predictable. There is uncertainty compounded by the foibles of human bias and error.
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