With legal issues booming in the wake of COVID, Donich Law and other law firms have had more to deal with.
The Canada Border Services Agency, notably, reinstated the removal of inadmissible foreign nationals in the country on November 20, 2020, which the Canadian Association of Refugee Lawyers called out as a terrible move.
The Association sent a letter to the Minister of Public Safety and Emergency Preparedness, calling the resuming of removals as alarming and puzzling, and a danger to public health on top of adding issues to the already strained legal system. They stated that it would be better to stick to the prior policy until Canada can more effectively handle the pandemic, and the public health authorities approve the resumption of international travel.
The prior policy of the CBSA, implemented at the beginning of the COVID-19 pandemic in March, restricted removals to serious inadmissibility’s, or those who are considered inadmissible due to matters regarding criminality and organized criminality, security, human rights violations, as per the terms of s. 34 to s. 37 of Canada’s Immigration and Refugee Protection Act, SC 2001, c 27.
The Association says that the old policy is preferable due to it being a good balance between protecting Canadians by allowing for continued removals for serious inadmissibility’s and the protection of foreign nationals in Canada with the deferral of all other removals.
The decision, the Association says, is a bad move in what Canada considers the worst days of the pandemic. They say that legally requiring the boarding international flights, as well as the other risks associated with travelling amidst a pandemic, is dangerous for departees, particularly those with pre-existing conditions and those of advanced age.
Suggestions forwarded by legal practitioners in Canada like Donich Law included things like judicial reviews, appeals, and applications for permanent resident applications with humanitarian and compassionate bases, were not relevant to the situation that the CBSA’s new policy would lead to.
Notably, both the Canadian Prime Minister and Global Affairs Canada made recommendations against international travel, which they say is still unsafe for everyone, Canadians and non-Canadians.