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ICL 870 Draft Syllabus

Information Evaluation Communication Policies

Information

 COURSE DESCRIPTION

This course examines the broad parameters, policy rationales and procedures
related to Canada’s immigration enforcement regime. Delivered in two parts --

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Inadmissibility and Detention and Removal -- the course dives into the complexities
of immigration enforcement to provide students with the knowledge and skills they
need to advise and represent their clients.

Inadmissibility
Students will engage with the measures adopted by Canada to regulate arrivals at
the border, as well as the grounds of inadmissibility that are used both to deny entry
and as a basis for removal for conduct that is identified as contrary to the interests of
Canadian society. Students will be equipped to successfully represent clients in
inadmissibility hearings before the Immigration Division as well as in Minister’s
appeals and removal order appeals before the Immigration Appeal Division.
Throughout the course, students will learn how and when to invoke the humanitarian
and compassionate discretion found in the legislation.

Detention and Removal

Students will become familiar with the processes that precede deportation, including
detailed focus on the preparation of Pre-Removal Risk Assessment (PRRA)
applications, and requests for an administrative deferral of removal based on
humanitarian considerations and risks of serious harm. Also covered in-depth will be
the grounds for arrest and detention, and the representation of clients in detention
review hearings before the Immigration Division.

Throughout the course, students will develop the capacity to identify and pursue
relevant administrative remedies, including applications for criminal rehabilitation,
Ministerial relief and temporary resident permits.

 PRE-REQUISITE KNOWLEDGE/CO-REQUISITE
REQUIREMENTS
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REQUIREMENTS

This course is offered in the second term of study for the Graduate Diploma in
Immigration and Citizenship Law. Its prerequisite is ICL 810.

 COURSE LEARNING OUTCOMES (CLO)

Upon successful completion of this course, you will be able to:

1. Explain in detail requirements for entering and remaining in Canada as they

relate to enforcement

2. Demonstrate an understanding of immigration enforcement activities, the

different government agencies and tribunals that are involved in
enforcement and the relationships between them

3. Demonstrate an understanding of the relevant sections of the IRPA, IRPR,

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the Charter of Rights and Freedoms and other relevant sources of law
pertaining to inadmissibility, removal and detention

4. Analyze the various grounds of inadmissibility, how they are applied in a

variety of settings, demonstrate the ability to advise on the consequences
and the exemptions that apply to each those grounds

5. Compare the social context in which immigration detention takes place, in

relation to other forms of detention

6. Develop and execute strategies to obtain the release of clients in detention

7. Develop and execute strategies for the recourses available for clients
facing removal and prepare effective pre-removal risk assessment and
deferral request applications

8. Explain appropriate scope of practice in relation to representation in

enforcement matters and identify circumstances in which cases should be
referred to lawyers

 SKILLS AND VALUES (SVOs)

Upon successful completion of this program, you will be able to :

1. Use legal terminology to interpret and apply case law, legislation, regulatory
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1. and policy instruments;
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2. Synthesize and apply legal principles to analyze the facts and issues in a
client’s case using sound legal reasoning;

3. Conduct case related legal research on primary sources of law and legal
commentary;

4. Demonstrate facility in critical thinking and problem solving by applying

these skills to execute a client-specific case strategy;

5. Communicate and advocate effectively in person and in writing;

Reflect on and assess one’s own developing capabilities; create a concrete

6. plan for continued personal and professional development;

7. Utilize self-awareness and understanding of cultural bias to provide

culturally competent services to clients from diverse ethno-cultural and
LGBTQ+ communities;

8. Integrate ethical decision making and professional behaviours in all areas

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of practice;

9. Collaborate with peers and other professionals to meet client needs;

demonstrate leadership in practice-based settings.

 COURSE MATERIALS

Required E-Books
The required e-books for this course are available from Emond Publishing.

Aris Daghighian & Raj Sharma, Canadian Immigration Law: Inadmissibility, (Toronto:
Emond, 2021)

Chantal Desloges & Cathryn Sawicki, Canadian Immigration and Refugee Law: A
Practitioner’s Handbook (Toronto: Emond, 2020) [Excerpts as refreshers from 810]

Nastasi et al., Administrative Law: Principles and Advocacy, 4th ed (Toronto:

Edmond, 2019) [Chapters 11 and 13]

Other Materials
All other course materials for this course are posted on the course onQ website.

 COURSE TOPICS

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Module 1: Legal Framework for Immigration Inadmissibility

Module 1 will teach you how to apply your knowledge of the grounds of
inadmissibility, the exemptions to those grounds and the consequences of a
determination on a person’s admissibility to Canada by introducing you to case
studies on clients who may be facing inadmissibility determinations. You will analyze
your clients’ individual circumstances that may lead to inadmissibility and advise
them of the process involved in assessing and determining a person inadmissible
and the different government agencies involved.

Module 2: The Admissibility Process and Admissibility Hearings before the

ID

In Module 2, you will explore the admissibility process and the role of the Immigration
Division of the Immigration and Refugee Board in hearing and presiding over
admissibility hearings. You will learn to identify the different types of removal orders
made against a person concerned (PC) and their consequences. You will familiarize
yourselves with the common issues that arise in admissibility
hearings and how to represent a client before the Immigration Division.

Module 3: Removal Order Appeals

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In Module 3 you will examine the Immigration Appeal Division (IAD). You will
familiarize yourself with the various appeals that the IAD hears. And you will take a
deep dive into the Rules, the Procedures and the Applications that come before the
IAD. You will explore the type of probative evidence that is necessary to overcome
the burden of proof and learn to identify on whom that burden of proof falls.

Module 4: Overcoming Inadmissibility

In Module 4 you will learn to recognize the remedies available to overcome
inadmissibility and determine which remedy is appropriate in a client’s
circumstances. You will also learn to identify the actions and documentation required
prior to submitting an application.

Module 5: Legal Framework for Immigration Detention

Module 5 covers the substantive law content for the next two modules, which focus
on practice and procedure. You will engage with the following concepts:

The grounds for initial arrest and detention and how they are applied
The circumstances lead to detention and how to avoid it
The human rights context of detention and your role as an advocate in protecting
those rights, including:
s. 7, 9, 10(c) of the Charter and how to read s. 248 of the IRPR through the
lens of human rights
International law principles
Best interests of children

Module 6: Preparing for the Detention Review

Module 6 begins from the moment you are retained by a detained client to represent
them at a detention review before the Immigration Division. It will take you through
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the steps you need to take to be ready at the hearing to convince the Division to
release your client.

Module 7: Conducting a DR and Post-Hearing Issues and Remedies

In Module 7 we will simulate the task of conducting a detention review hearing after
working through the issues that arise and how to advocate for release during to the
hearing. We will also discuss post-hearing strategies and remedies to consider if
detention is maintained following your representation at the detention review
hearing.

Module 8: Removal

Module 8 will prepare you to represent a client who is directly facing deportation.
You will be introduced to the different applications available and how to choose which
recourse is best for the diverse situations of persons who find themselves facing
removal. This will include particular attention to the pre-removal risk assessment
(PRRA) and deferral of removal processes as the most important tools available to
stop or delay a deportation. You will also work on making submissions related to
humanitarian and compassionate considerations and reflect on what matters are
best referred out to a lawyer. Finally, you will reflect on the way deportation impacts

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on core human rights and how these constitutional and international human rights
protections fit into our on-the-ground advocacy.

 TIME COMMITMENT & MANDATORY TUTORIALS

This course spans a study period of eight weeks. Participants can expect to invest on
average 15 hours per week in this course. Students are required to attend and
participate in eight two-hour tutorials (i.e., one per week). Learners who adhere to a
pre-determined study schedule are more likely to complete the course successfully.

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Evaluation

 ASSESSMENT WEIGHTING

Assessment Weight

Engagement (Knowledge checks, tutorial participation, 15 %

legal research and writing exercises, discussion forum
posts self-check exercises and Engagement Portfolio)
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posts, self check exercises, and Engagement Portfolio)

Assessment Weight
PFL Response 10 %

Written Submissions to IAD 10 %

Oral Submissions before IAD 10%

Mid-term Quiz 12.5%

Preparation for Detention Review Hearing 10%

Oral Submissions for Detention Review Hearing 10%

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Pre-Removal Risk Assessment 10%

End-of-term Quiz 12.5%

Assessment Weighting

 ASSESSMENT DESCRIPTIONS

Engagement
In addition to the extensive knowledge required of immigration consultants, this
program emphasizes essential skills and values required of RCICs, including critical
thinking, communication skills, professionalism and reflective practice..

Engagement activities for 870 will include: knowledge checks, tutorial participation,
discussion-forum participation, self-check exercises and a final Engagement
Portfolio.

Procedural Fairness Letter Response

For this assignment, you will have to respond to a procedural fairness letter. Your
response must be supported by legal argument based on your interpretation of the
applicable statutory and policy frameworks, as well as case law research.

Written Submission to IAD

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For this assignment, you will prepare written submissions to the IAD for a case study
on a removal order.

Oral Submission before IAD

For this assignment, you use the same case study that you used for your Written
Submission before the IAD (see above) to prepare your opening statements before
the IAD.

Mid-Term Quiz
There is a 20-question, open book mid-term quiz administered in Week 5 covering
content from Modules 1 to 4. The time allocated for completion will be 90 minutes.
The quiz will be a combination of true/false, multiple choice and “drag and drop”

matching questions.

Preparation for Detention Review Hearing

In this assignment, you'll be asked to prepare for a detention review hearing based
on a case study. This includes:

1. Going on record and seeking disclosure

2. Identifying the most important documents you need to see, and the facts you

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need to prove and disprove
3. Listing the supporting documents and information you need for the release plan

4. Drafting an affidavit from the detainee and (if applicable) their bondsperson, and
5. Preparing draft questions to be asked during the hearing

Oral Submissions for Detention Review Hearing

For this assignment, you will use the same case study that you used for your
Preparation for Detention Review Hearing (see above) to develop and record your
oral submissions.

Pre-Removal Risk Assessment

For this assignment, you will draft the main arguments for a Pre-Removal Risk
Assessment. You will use the same case study that you used for the two previous
assignments (i.e., Preparation for Detention Review Hearing and Oral Submissions
for Detention Review Hearing).

End-of-term quiz
There is a 20-question, open book end-of-term quiz administered at the end of the
course, which covers content from Modules 5 to 8. The time allocated for completion
will be 90 minutes. The quiz will be a combination of true/false, multiple choice and
“drag and drop” matching questions.

 LATE POLICY/MISSED TUTORIALS

A student who claims illness or compassionate grounds as the reason for missing
tutorials, or deadlines for assignments, or other activities, is responsible for making
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tutorials, or deadlines for assignments, or other activities, is responsible for making
alternative arrangements with the instructor(s) concerned for extensions or other
consideration. Please include your full name, student number, and the reason for
your absence or missed deadline in the message to your instructor(s). You may be
required to provide valid documentation (i.e., a doctor’s note, death certificate,
court/legal documentation, etc.) before alternative arrangements can be made. In the
absence of substantiating documentation, the normal late penalty will apply as
described in the assignment instructions. Students who miss tutorials are
required to view the video recording of the session and submit a one page (250
word) brief that includes both a summary of the session and a critical
reflection within seven days after the missed session or such other date as
approved by the instructor.

 GRADING

Assessments in this course will receive numerical scores or percentage marks. The
final grade you receive for the course will be derived by converting any numerical
grades to letter grades according to Queen’s Official Grade Conversion Scale and
may be adjusted according to the Queen’s Law Grading Policy.

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 FEEDBACK

You will be provided with feedback on assessments/activities through various means

in this course. For assessments requiring feedback from the instructor, you can
typically expect to receive the feedback within seven days of the due date.

 ACCESSING YOUR FINAL GRADE

Your final grades will be published on SOLUS. Official transcripts showing final
grades will be available on the Official Grade Release Date. Please note that in
official transcripts, a mark of IN (incomplete) is considered a grade, and your
transcript is released with this grade.

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Communication

 QUESTIONS ABOUT COURSE MATERIAL

Questions or comments regarding the course material should be posted in the Q&A
forum on the class website. The course instructor and students are encouraged to
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answer these questions directly in the discussion forum for the benefit of everyone in
the course. Course instructors will be checking and responding to the Q&A forum on
a daily basis.

 COURSE ANNOUNCEMENTS

The instructor will routinely post course announcements in the Announcements

section on the course homepage. Please sign up to be automatically notified by e-
mail or text message when new information is posted. Instructions on how to modify
your notifications are found in the Start Here module.

 CONFIDENTIAL MATTERS

If you have a confidential matter you would like to discuss with your instructor, their
contact details are on the first page of this document. As a general rule, you can
expect e-mail replies within 24 hours.

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 QUEEN'S E-MAIL

The university communicates with students via Queen’s e-mail. Please check your
Queen’s e-mail regularly to ensure you do not miss important information related to
your course. Please ensure you use your Queen’s email to login to all synchronous
tutorials and tutorials.

 COURSE FEEDBACK

During the course, you may be asked to take part in a variety of feedback activities,
such as questionnaires, exit tickets, and surveys. This feedback enables the
instructional team to make any adjustments necessary to improve the learning
environment. Surveys administered throughout the course are anonymous and
directly related to activities, assessments, and other course material.

Your input is essential for maintaining and improving the quality of this course for
future offerings. Please e-mail additional comments to your instructor at any time.

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Policies

 ACADEMIC POLICIES
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 ACADEMIC POLICIES

GDipICL students are enrolled in the School of Graduate Studies at Queen’s

University and are therefore subject to the policies, regulations, and requirements of
both the School of Graduate Studies and Queen’s University.

GDipICL students are also subject to the policies, regulations and requirements of
the GDipICL. The GDipICL Handbook of Academic Regulations, Policies and
Procedures is posted in onQ. It is the responsibility of every student in the GDipICL
to read and understand the GDipICL Handbook . Students should pay particular
attention to policies concerning program curriculum and grading, academic integrity,
conduct, and academic decision and appeals.

 TURNITIN STATEMENTS

This course makes use of Turnitin, a third-party application that helps maintain
standards of excellence in academic integrity. Normally, students will be required to
submit their course assignments through onQ to Turnitin. In doing so, students’ work
will be included as source documents in the Turnitin reference database, where they

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will be used solely for the purpose of detecting plagiarism.

Turnitin is a suite of tools that provide instructors with information about the
authenticity of submitted work and facilitates the process of grading. Turnitin
compares submitted files against its extensive database of content, and produces a
similarity report and a similarity score for each assignment. A similarity score is the
percentage of a document that is similar to content held within the database. Turnitin
does not determine if an instance of plagiarism has occurred. Instead, it gives
instructors the information they need to determine the authenticity of work as a part
of a larger process.

Please read Turnitin’s Privacy Pledge, Privacy Policy, and Terms of Service, which
governs users’ relationship with Turnitin. Also, please note that Turnitin uses cookies
and other tracking technologies; however, in its service contract with Queen’s
Turnitin has agreed that neither Turnitin nor its third-party partners will use data
collected through cookies or other tracking technologies for marketing or advertising
purposes. For further information about how you can exercise control over cookies,
see Turnitin’s Privacy Policy.

Turnitin may provide other services that are not connected to the purpose for which
Queen’s University has engaged Turnitin. Your independent use of Turnitin’s other
services is subject solely to Turnitin’s Terms of Service and Privacy Policy, and
Queen’s University has no liability for any independent interaction you choose to
have with Turnitin.

 COPYRIGHT AND RECORDING

All tutorials are automatically recorded and will be available to enrolled students
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All tutorials are automatically recorded and will be available to enrolled students
here. Course materials, including all recordings, text-based instructional materials,
assessments, electronic mail correspondence, digital captures, discussion or chat
threads, are the intellectual property of the instructor or the course developer.
Personal recordings of tutorial sessions are not permitted without the express written
permission of the instructor. It is a departure from academic integrity to distribute,
publicly post, sell or otherwise disseminate course materials or to provide course
materials to anyone else for distribution, posting, sale or other means of
dissemination, without the express consent of the copyright holder(s). A student
who engages in such conduct may be subject to penalty for a departure from
academic integrity and may also face adverse legal consequences for infringement
of intellectual property rights.

 ACCESSIBILITY AND ACCOMMODATIONS

Queen's University is committed to achieving full accessibility for people with

disabilities. Part of this commitment includes arranging academic accommodations
for students with disabilities to ensure they have an equitable opportunity to
participate in all of their academic activities. If you are a student with a disability and
think you may need accommodations, you are strongly encouraged to contact

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the Queen's Student Accessibility Services (QSAS) and register as early as
possible. For more information, including important deadlines, please visit the QSAS
website.

Every effort has been made to provide course materials that are accessible. The
course website in onQ is powered by the D2L Brightspace learning environment that
complies with common accessibility standards. If you find any element of this course
difficult to access, please discuss with the course facilitator how you can obtain an
accommodation.

Students with course accommodations should contact the the GDipICL Program
Coordinator immediately following registration to inform them of any
accommodations to their timed assessments and/or final exam(s).

 ACADEMIC AND STUDENT SUPPORT

Queen’s has a robust set of supports available to you including the Library, Student
Academic Success Services, and Career Services. You are encouraged to visit the
relevant websites to learn more about these support services.

 TECHNICAL SKILLS AND SUPPORT

No specialized computer-related technical skills are required for this course. Please
consult: IT Services Recommended Technology Requirements. If you require
technical assistance please contact Law IT support: lawitsupport@queensu ca
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technical assistance, please contact Law IT support: lawitsupport@queensu.ca.

 STUDENTS OUTSIDE CANADA

Students outside of Canada for any duration of the term should be advised that, in
the past, students overseas have been blocked from accessing certain websites
relevant to their courses, as well as onQ. If your course requires the completion of
online quizzes, inability to access course materials may pose an impediment to your
success in completing the course. We do not make accommodations based on the
lack of reliable Internet access. You are responsible for making sure you have
adequate high-speed Internet coverage for the entirety of the term.

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Sample

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