The Best Interests of the Child in Canadian Immigration

The Best Interests of the Child in Canadian Immigration

 CPD Hours: 3    Valid until Feb 14, 2025

 Members: See member’s discounted price

Intended Outcome:

To equip participants with a thorough understanding of the BIOC concept and its pivotal role in Canadian immigration law, particularly in the context of humanitarian and compassionate (H&C) applications. Participants will gain knowledge of the legal frameworks and key sections of the Immigration and Refugee Protection Act that pertain to BIOC. The course aims to deepen understanding through the analysis of significant case studies and legal precedents, such as Baker v. MCI and Kanthasamy v. Canada, demonstrating how these rulings shape the application of BIOC. Additionally, the course will explore practical aspects of applying BIOC principles in H&C decisions, addressing challenges and sensitivities involved. By the end of the session, attendees should be able to effectively incorporate BIOC considerations into their professional practice, enhancing their decision-making processes in immigration matters.

$1.00

Regulated Canadian Immigration Consultants (RCICs), Lawyers, Paralegals, law graduates and students.

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Training Agenda:

Overview and Importance of BIOC in Canadian Immigration (5 minutes)

  • Introduction to the concept of BIOC in Canadian immigration.
  • Brief on its significance in humanitarian and compassionate (H&C) applications.

Defining BIOC (15 minutes)

  • Explanation of what constitutes the best interests of a child.
  • Discussion on the age and dependency level considerations.

Applicability of BIOC in Immigration Law (30 minutes)

  • Key Sections in Immigration and Refugee Protection Act
    • Explanation of sections like A25(1), A25(1.21), A25.1(1), etc.
    • Case scenarios where BIOC is critical.
  • Factors for Assessment
    • Discussing factors like child’s establishment in Canada, links to another country, country conditions, and impact on the child.

Case Studies and Legal Precedents (40 minutes)

  • Analysis of Key Cases
    • Detailed discussion on cases like Baker v. MCI, Legault v. Canada, Hawthorne v. Canada, etc.
    • Understanding the outcomes and their implications on BIOC.
  • International Context – Convention on the Rights of the Child
    • How international conventions influence Canadian law on BIOC.

Practical Application in H&C Decisions (15 minutes)

  • Evaluating H&C Applications with BIOC Focus
    • Strategies for incorporating BIOC in decision-making.
    • Consideration of medical, educational, and gender-related matters.
  • Challenges and Sensitivities
    • Addressing potential difficulties in assessing BIOC.
    • Understanding the unique and varying nature of each case.

Q&A and Discussion (20 minutes)

  • Open Forum for Questions
    • Opportunity for participants to ask questions and discuss real-world scenarios.
    • Summarizing the main points of the session.

 

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