Law Times

January 25, 2010

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Law Times • January 25, 2010 NEWS Passports waived for orphans Continued from page 1 be "very diffi cult." Already, he has waived pass- port requirements for about 100 Haitian orphans who were in the fi nal stages of adoption before the earthquake, but it wasn't clear as of press time whether he would do the same for other types of sponsorships. "In adoption cases, we will waive normal requirements for a medical examination and travel documentation, such as a passport," Melanie Carkner, a media relations offi cer with Kenney's department, wrote in an e-mail. Th ere are other concerns as well, including the is- sue of conducting security and background checks. "You don't need a passport to examine somebody's background," says Green. "You need their name and date of birth, and if there is a hit [on a computer check], they would go further [with] fi ngerprints and so forth. Obviously, that's very high up and should be on the Canadian government's agenda — to make sure that anyone that does enter Canada meets any type of security and health concerns." Etienne, meanwhile, has been a high-profi le voice advocating for more from the Conservatives than fast-tracking family reunifi cation, a classifi ca- tion restricted to spouses, common-law and conju- gal partners, children, parents, grandparents, and orphaned family members. He and other Haitian- Canadians say the government should expand the family class to include brothers, sisters, cousins, and other extended family members. Etienne says that for the 10,000 Haitians now living in the Greater Toronto Area, an expanded defi nition is crucial because of the extended-family structure that has developed in Haiti through so- cial and political upheavals over the past decades. "Th ey are obviously worried about extended family in Haiti, and broadening their ability to reunite with family members that are not direct family members, under the nuclear category, that's the big concern," he says. Th e earthquakes are only the latest crisis for Canada's Haitian community. Many of the Haitian-Canadians in the Toronto region sought asylum here several years ago when they faced deportation to Haiti under the administration of former U.S. president George W. Bush. Many of those have had their applications for refugee sta- tus rejected and are involved in the long process of applying to stay under special humanitarian grounds. Th e remainder have had refugee status approved but are not yet Canadian citizens. Because of a federal moratorium on deporta- tions to Haiti, the failed applicants remain in Canada but are neither citizens nor landed im- migrants able to sponsor family members under the post-earthquake rules. "Th e issue for them is they don't qualify to sponsor," says Etienne. "Th ey are not deportable because of the moratorium. Th ey're working, they're paying taxes but they're not landed im- migrants. Th ey're not citizens." Despite the concerns, Kenney has rejected calls to expand the family class, saying the gov- ernment can't tailor fundamental aspects of im- migration policy to suit diff erent humanitarian disasters around the world. LT Immigration matter unresolved Continued from page 1 at Amritsar by the Indian army. After the plane landed, Saini acted as spokes- person and negotiated with Pakistani authorities. Some 20 hours later, the hijackers released the hostages and were arrested. Saini received a death sentence that authori- ties later commuted to life in prison. Th ey re- leased him after he had served 10 years. Addario submitted to the panel that Saini had been on a course of rehabilitation for more than 20 years, has not been convicted of any off ences since arriving in Canada in 1995, and was not part of an ideological community. He argued as well that his client was of good character and was now "deserving of being called to the bar," the ruling said. Saini also argued that his offi cial pardon from the Pakistani government should nullify the hi- jacking as a factor to consider in determining whether he should practise law in Ontario. Th e panel acknowledged that, in theory, a man convicted of hijacking a passenger plane could re- habilitate himself to the point of good character. "Does that person, however, have more dif- fi culty in demonstrating that he is now of good character than a person who was convicted, for example, of shoplifting a sandwich?" Simpson asked. "Th is is not a higher burden of proof but simply a refl ection of the seriousness of the prior conduct which must be overcome." In addition, the panel took issue with Saini's conduct upon arriving in Canada. After he left prison, Pakistani authorities asked Saini to leave the country, the statement of facts said. He arrived here under an assumed identity and sought asylum. For several months, he suc- cessfully deceived immigration offi cials until a Ca- nadian Security Intelligence Service investigation uncovered his real name and his dubious past. Saini was arrested, declared a "danger to the public" by the minister of immigration, and or- dered deported. While serving three years in immigration deten- tion in Canada, Saini's father in Pakistan obtained his son's pardon. Th e Federal Court later accepted the pardon and stayed the deportation order. But the Federal Court of Appeal, ruling that the pardon didn't amount to its equivalent in Ca- nadian law and didn't change the removal order overturned that decision. A subsequent deportation assessment, how- ever, determined that Saini might face personal risk if sent back to India. Th en last summer, an immigration offi cial ex- pressed concern about Saini's capacity to reoff end. "I am not satisfi ed that should the occasion again present itself, such extreme passions could not be reawakened in Mr. Saini and that he would not resort to crimes in the service of what he may perceive as an honourable and moral cause," the assessment said. Saini's immigration status remains unresolved, another factor that didn't work in his favour, the LSUC panel ruled. On his law society application, Saini responded with a "lack of candour" about his immigration case by indicating he would be getting permanent residency status within a year, barring delays. In addition, Saini sought to cast doubt on the eff ect of the appeal court ruling on his pardon, the panel said. Together, those "less than candid interpretations" weakened Saini's assertion that he is of good character, the ruling said. Th e law society agreed that Saini has shown a commitment to self-improvement in Canada and had recommendations from some of his uni- versity professors and others, including immigra- tion lawyer Lorne Waldman. After earning a law degree from the University of Windsor, Saini articled under Waldman, who was impressed with his commitment, the ruling said. Th e prominent lawyer told the panel that Saini "wants to contribute and be meaningful to society" and would be a "valuable member of the bar." But the determination that Saini poses a public risk remains a concern, Simpson pointed out. "Considering the fact that after 18 years, there is still a fi nding that he is a danger to the pub- lic and that he is still not admitted to Canada, should Mr. Saini be admitted to the law society, public confi dence in the legal profession would likely be aff ected adversely and the integrity and standing of the bar would likely be aff ected also," the ruling said. Addario, meanwhile, said neither he nor his client would comment on the decision. LT OLPB_2010 (LT 1-8x2).indd 1 1/20/10 9:47:14 AM PAGE 5 'Well-respected' leader in tax law dies BY GLENN KAUTH Law Times ing practice areas, it was one David Ward embraced. Ward, a founding partner D at Davies Ward Phillips & Vineberg LLP, quickly made a name for himself in an area that, up until the 1960s, was largely the domain of accountants, says fi rm part- ner David Smith. But after starting two-person law fi rm McDonald & Ward in 1961, Ward got a big boost when he later began doing work for Canada's storied Reich- mann family. He went on to become a leader in tax law, especially after he started writing books on the subject, says Smith. Ward, who died earlier this month at 78, disliked "sloppy thinking," a characteristic that could sometimes intimidate young practitioners. "When you were young, it was kind of 'the David Ward,'" says Smith. "You were a little ner- vous when you went into his offi ce when you were a bud- ding associate. But he was al- ways fair." Smith notes, however, that Ward applied those high ex- pectations for himself as well. He was particularly good at research. Once, for example, a matter had him scouring the shelves of the University of Toronto's Robarts Library for old League of Nations committee reports dealing with international tax trea- ties. "Th at was the kind of guy he was," says Smith. "He really dug deep into things." espite tax law's rep- utation as one of the most challeng- Called to the bar in 1958, David Ward started McDon- ald & Ward three years later. He soon became a promi- nent tax lawyer. But besides his passion for the job and his eagerness to get under the skin of Revenue Canada and Justice Depart- ment opponents during liti- gation on behalf of his busi- ness clients, Ward enjoyed the lighter side of life as well. He regularly went skiing — even up until recently — and en- joyed sailing. He also had a deep interest in art, Smith says. Ward died on Jan. 13 after suff ering complications from a fall, according to Smith. He had remained active in the fi rm, which became Davies Ward Phillips & Vineberg through a merger with Da- vies Ward & Beck in 2001. He would still come in at 8 a.m. and work a full day, Smith says, noting Ward had cut back slightly on his long hours in recent years. "He was well liked and well re- spected around the fi rm and in the tax community." 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