Here are our leading legal headlines for the week of August 8, 2023 from Wise Law on Twitter:
- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net
Tuesday, August 08, 2023
Friday, August 04, 2023
Happy Civic Holiday Weekend!
Just a quick reminder that our office will be closed on Monday, August 7th
for the Civic holiday. Take this time to relax and recharge, have a happy and
relaxing long weekend!
- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net
Wise Law Roundtable: The Group of 700: “Fake” College Admission Letters, Deportation Orders and Judicial Stays
This edition of Wise Law’s Roundtable features contributions from Wise Law associate lawyer, Somya Grover, and students-at-law, Vaibhav Wali and Satyma Mongia.
Vaibhav
Wali: Welcome to this edition of Wise Law's roundtable. I’ll
begin with a bit of background.
On
June 11, 2023, the Canadian government decided to suspend deportation of 700
Indian students who had been previously directed by the Canadian Border
Services Agency (CBSA) to leave the country by June. Authorities had found that phony college
admission letters had been submitted for these students and were relied upon when
the students applied to enter Canada on study permits.
Immigration
Minister Sean Fraser promised a “fair outcome” for the students who had been victims of unscrupulous
immigration consultants who allegedly arranged for these fraudulent Letters of
Admissions.
Most of these students came into Canada around 2017-19.
Students are facing deportation threats under the Immigration and Refugee
Protection Act (IRPA) and are now facing consequences for the frauds allegedly committed by their visa
agents.
The
700 Indian students facing deportation threats completed their degree courses
from institutions other than those mentioned on their admission letters. The
students were unaware of the fake offer letters until they began applying for
their Permanent Residency in Canada.
Investigations have alleged that the false admission letters were issued by Jalandhar-based
Education Migration Services, run by Brijesh Mishra.
On
June 24, 2023, the CBSA arrested Brijesh Mishra when he was trying to enter into
Canada. Indian authorities had already
issued a lookout circular (LOC) following the registration of an FIR against
him in Jalandhar on March 17, 2023.
The
CBSA has framed charges against him for offering immigration advice without a
license and counselling a person to directly or indirectly misrepresent or
withhold information from authorities.
For
more background see:
- Stay
granted for Edmonton woman facing removal from Canada over fake letter (CBC)
- Fake
admission offer letters: 700 Indian students face deportation from Canada (India
Today)
- He’s
accused of defrauding international students. His visa was cancelled. How did
this Indian education agent get into Canada?(Toronto
Star)
Somya
Grover: First and foremost, I think that it
is important to ensure that all immigration laws and rules are followed and if
fraud or dishonesty are detected in any case, it should be punished.
However,
in this particular case, the Canadian Government should be vigilant in
distinguishing between the perpetrator and the victims. The students were reportedly
issued letters that they believed to be genuine.
It
falls to the Canadian government agencies to conduct a robust and fair
investigation into how this fraud took place and who is responsible for it.
The
lives and futures of 700 students are now at stake and they should not pay a
price so steep that it may destroy their futures. Many of these students
invested in their new lives in Canada and are at different stages of
establishing themselves here.
In today’s world, people
from third world countries who are looking for better lives and opportunities dream
of immigrating to countries such as Canada.
However, this process can involve manipulation, fraud, and dishonesty by unscrupulous and greedy organizations and people who attempt to sidestep the legal demands of the immigration system of the host countries.
These students should not pay so severe a penalty as deportation for the blatant crimes of others.
Satyma Mongia: Education is a lucrative export, piggybacking an array of expenses for necessities including textbooks, housing, and food. Many of these students are still indebted to their families for hundreds of thousands of dollars for facilitating their migration.
While Canada’s political leaders have
vowed to ensure those who genuinely did not have knowledge of fraudulent
letters will be allowed to remain in Canada, much of mainstream media, the
legal system, and other members of Canada’s civil society quickly reduced a
very culturally complex issue into a narrative that ultimately serves to
criminalize these students.
“#Deportation,” “#IndianStudents” “#FakeLetters” – using
these hashtags, the matter quickly mutated into a racialized rhetoric of
community blaming, reverberating in the countless comments discussing the
matter on Instagram and other social media.
Many of the comments reflected India’s long-established community
divisions, defined by diverse regionalisms, ethnicities, religious and
linguistic lines. As most of the Indian students are from the state of Punjab,
many non-Punjabi users were quick to launch ethno-religious attacks against
these apparent anti-nationals, all of whom were indiscriminately grouped as
“Khalistani”- a political separatist movement advocating for an autonomous
Punjab.
While one user segregated them as being “Punjabi students, not Indian
students,” and proclaimed that “they will overtake Canada with their militant agenda,”
another user opined that only Punjabi students can be complicit in such a
scheme, because “other states students [do not use] fake documents.”
These various comments also exposed the darker side of our national dialogue about immigration and multiculturalism, with comments surfacing such as “send them home and make Canada great again.”
Vaibhav
Wali: As
much as it’s the student’s legal duty to have their due diligence in place and to
verify whether the immigration agent helping them on an application is an
ethical and licensed registered practitioner, the CBSA also has a duty to
verify the documents submitted when the students are entering Canada the first
time.
If
CBSA had been able to catch this conduct at the first instance, the futures of these
innocent students wouldn’t be at stake, and they would not be identified as
students entering Canada with “fake college admission letters.”
Time and again, innocent people are being manipulated in our immigration system into doing things illegally or doing illegal things without their knowledge or consent.
Regardless, every action has a consequence, and people seeking to immigrate to Canada must take responsibility to be more vigilant on issues that involve such life-changing decisions.
Satyma
Mongia: Justice Ann Marie McDonald’s initial ruling in this matter was very disappointing.
She dismissed Karamjeet Kaur’s application for judicial review of the
Immigration and Refugee Board of Canada’s decision to deport her. Justice McDonald’s held that “these
circumstances do not absolve [her] from the consequences of her
misrepresentation,” despite acknowledging that Karamjeet was indeed deceived.
On May 28, 2023, Justice Alan Diner approved a motion to stay
Karamjeet’s removal order, pending a final decision in another judicial review
of the Canadian Board Services Agency’s decision not to defer the deportation.
In my view, it is unrealistic to expect many of these victims to make
due diligence inquiries about a complex immigration system in which they have
absolutely no experience or knowledge. Many of them come from low-income
families who have mortgaged their farmland in order to facilitate the migration,
and have limited access to resources and technology that would allow such due
diligence.
Yet, the stigma of being criminals will linger for this group of 700, perhaps
permanently for some.
Somya
Grover: This
case has again exposed a deeply flawed immigration system, rife with manipulation
and exploitation, that warrants an overdue, critical re-examination.
Education
and awareness about the immigration process and work permit laws need to be
communicated far more clearly to those overseas who are looking to immigrate.
Greater resources and increased effort must be invested in making prospective
immigrants aware of Canada’s immigration laws and the penalties for breaking
them.
However, this complex issue goes far beyond enforcing rules; since we are dealing with human beings, fairness must be tempered with empathy.
- Wise Law Office, Toronto
Visit our Toronto Law Office website: www.wiselaw.net
Legal Tweet of the Day: August 4, 2023
#LegalTweetoftheDay: Trump pleads not guilty on latest charges, steps from scene of Capitol Hill riots #law #legal #lawtwitter via @CityNewsVAN https://tinyurl.com/256psns6
- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net
This week’s #FlashbackFriday post is from June 20, 2012
This week’s #FlashbackFriday post is from June 20, 2012 via Wise Law Blog: Will Microsoft's Surface be the Tablet for Lawyers?
https://wiselaw.blogspot.com/2012/06/why-microsofts-surface-tablet-shames-pc.html
- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net
Thursday, August 03, 2023
Legal Tweet of the Day: August 3, 2023
#LegalTweetoftheDay: Ontario has the worst court delays in the country. Will it get rid of civil jury duty to address the issue? #law #legal #lawtwitter via @CTVNews https://t.co/KaYvgUSt1v
- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net
Paul Adam on Wills and Estates: Do children inherit parent's debt?
Most debt doesn’t transfer from a parent’s estate to a
child. If the deceased did not have enough assets to pay off the debts, the
creditors may require a sale of the assets of the estate to address the debt,
but that’s it.
There are some exceptions- like if a child jointly owned the
debt, or acted as a guarantor, or if the deceased parent improperly offloaded
assets to the child for less than market value to evade creditors.
- Paul Adam, Toronto
Visit our Toronto Law Office website: www.wiselaw.net
Wednesday, August 02, 2023
Legal Tweet of the Day: August 2, 2023
#LegalTweetoftheDay: Trump Indicted Over His Efforts to Overturn the 2020 Election #law #legal #lawtwitter via @nytimes https://tinyurl.com/ua9yvyss
- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net
Paul Adam on Wills and Estates: Estate Tax
There are 3 basic ways in which most simple Estates may be
required to pay taxes.
1.
If all or part of your state is being submitted
to Probate, you'll need to pay what's called an Estate Administration Tax on
that portion.
2.
If you have to sell property or shares in a
corporation, your state may need to pay Capital Gains Tax on the proceeds from
the sale of that property.
3.
Lastly your Estate will need to file a tax
return for the year in which you die until your Estate is wrapped up and all of
the money is paid out.
- Paul Adam, Toronto
Visit our Toronto Law Office website: www.wiselaw.net
Tuesday, August 01, 2023
Legal Tweet of the Day: August 1, 2023
#LegalTweetoftheDay: Georgia Judge Rejects Trump’s Effort to Short-Circuit Election Case #law #legal #lawtwitter via @nytimes https://tinyurl.com/2p85tvcr
- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net
Monday, July 31, 2023
Legal Tweet of the Day: July 31, 2023
#LegalTweetoftheDay: Ontario is lowering its markups on pot, as cannabis companies struggle to stay afloat #law #legal #lawtwitter via @CBCNews https://t.co/NmT8GlRT32
- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net
Wise Law's Legal Headlines for the week of July 31, 2023
Here are our leading legal headlines for the week of July 31, 2023 from Wise Law on Twitter:
- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net
Friday, July 28, 2023
Legal Tweet of the Day: July 28, 2023
#LegalTweetoftheDay: Trump accused of asking staffer to delete camera footage relevant to classified documents probe #law #legal #lawtwitter via @CBCNews https://t.co/6tIfRTxPZS
- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net
This week’s #FlashbackFriday post is from June 15, 2010
This week’s #FlashbackFriday post is from June 15, 2010 via Wise Law Blog: Bill 168: Ontario Workplace Harassment and Violence Legislation In Force
https://wiselaw.blogspot.com/2010/06/bill-168-ontario-workplace-harassment.html
- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net
Thursday, July 27, 2023
Legal Tweet of the Day: July 27, 2023
#LegalTweetoftheDay: Kevin Spacey acquitted of all 9 sex-offence charges #law #legal #lawtwitter via @CBCNews https://t.co/UeWFwjHnhb
- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net
Paul Adam on Wills and Estates: Is a Foreign Will valid in Ontario?
This can
depend on the Will itself. Some factors to consider are:
- Does the Will intend to apply
to property in Ontario?
- Can the words of the Will be
interpreted conclusively?
- Does the Will deal with the
property in a way that is legal in Ontario?
If the
Court is satisfied with the answers to all of these questions, and an executor
has already been appointed outside Ontario, it may grant that executor the
right to administer the deceased’s property in Ontario, too.
- Paul Adam, Toronto
Visit our Toronto Law Office website: www.wiselaw.net
Wednesday, July 26, 2023
Legal Tweet of the Day: July 26, 2023
#LegalTweetoftheDay: B.C. woman waits for court to decide 'the truth' after losing breast to mistaken cancer diagnosis #law #legal #lawtwitter via @CBCNews https://tinyurl.com/bdxx2jm7
- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net
Paul Adam on Wills and Estates: What is Probate?
When you name a person in your last will to be the Executor of your Estate, that person sometimes needs to also apply to the Court to be appointed formally as the legal representative of your Estate in order to deal with certain property that you own, potentially like a house or a bank account that solely in your name.
The process of applying to Court to be appointed as the representative of your Estate is what we call Probate.
- Paul Adam, Toronto
Visit our Toronto Law Office website: www.wiselaw.net
Monday, July 24, 2023
Legal Tweet of the Day: July 24, 2023
#LegalTweetoftheDay: More careless driving charges dropped in Ontario as courts grapple with pandemic backlogs #law #legal #lawtwitter via @CBCNews https://tinyurl.com/u9vt64zp
- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net
Wise Law's Legal Headlines for the week of July 24, 2023
Here are our leading legal headlines for the week of July 24, 2023 from Wise Law on Twitter:
- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net
Friday, July 21, 2023
Legal Tweet of the Day: July 21, 2023
#LegalTweetoftheDay: Nebraska Teen Who Used Pills to End Pregnancy Gets 90 Days in Jail #law #legal #lawtwitter via @nytimes https://tinyurl.com/4a8kxast
- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net
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