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Criminal Law

Immigration consequences of criminal convictions: An update

criminal-law

Last November, we published a post about the intersection of criminal and immigration law, and specifically about the Faster Removal of Foreign Criminals Act – legislation that made it easier to deport non-citizens sentenced to at least six months for a criminal offence. The strict application of the IRPA makes lawyers more vulnerable to claims… Read More »

Categories: Criminal Law

Criminal lawyers: Clear communication your best defence against allegations of ineffective assistance

criminal-law

A substantial proportion of professional liability claims against criminal defence counsel are based on allegations of “ineffective assistance”. The jurisprudence makes it clear that poor lawyer-client communication is at the root of many of these claims. Allegations of ineffective assistance are usually first tested in the context of the appeal of a conviction. Few of… Read More »

Categories: Criminal Law

Resolutions to avoid criminal law claims

criminal-law

I will take the time to ensure the client understands my recommendations: Failing to effectively communicate with the client is just as much a claims pitfall in criminal law as in other areas. This could be because of the rushed nature of many “courthouse steps” conversations, or the fact that the lawyer’s years of experience… Read More »

Categories: Criminal Law

Can a criminal conviction make your client inadmissible for residency/citizenship?

criminal-law

Where a client charged with a serious crime is a non-citizen of Canada and is hoping to obtain resident status, criminal lawyers should be aware that recent changes to the Immigration and Refugee Protection Act (IRPA) raise special plea and sentencing considerations. The Faster Removal of Foreign Criminals Act On June 19, 2013, amendments to… Read More »

Categories: Criminal Law
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