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Live blogging the CBA immigration and citizenship conference part 2

By immlawyer

Workshop 2C: Representations on Misrepresentations. Vancouver counsel Gordon Maynard always presents well and has a depth of knowledge in this area. Language of term 'withholding' in the act. Does it add a new duty of disclosure? Is there an obligation to volunteer information? Not limited to situations where no questions are asked. Brooks. The 'grand daddy' case. 1974 SCC case. DOJ argument was that there was a duty to provide information even if unasked. SCC said if material, misrepresentation law was broad enough. Is still basis for misrepresentation cases now. Brooks argument: No intent to misrepresentation. SCC: no question of intent. Brooks argument: needs to be determinative. SCC: only needs to be material enough to close off a line of inquiry. Maynard- 4 circumstances where duty to disclose: 1. When relevant question asked 2. When change of material circumstances (termination of employment...see Guidino...death of principal applicant...marriage of accompanying dependent - see Mohammad [1997] 3 FC 299- misrep includes error made in honest ignorance) 3. When a statute demands disclosure - see regulation 51 whidg requires disclosure at POE 4. Surrounding circumstances...even if no questions asked and even if no statutory duty - see Baro 2007 FC 1299 ...but cannot mean that every person at POE must spontaneously recite any possible fact that could have the potential to cause them to be inadmissible - are Brundell ID decision from Vancouver. Also see Bodine (2008) FC 848: duty of candour exists and surrounding circumstances important to determine disclosure Remember that disclosure has to be pertaining to a material and relevant fact. It is clear the scope of what constitues misrepresentation is broad and there are serious consequences for a breach of this duty.

Full post as published by Canadian Immigration Blawg on April 17, 2009 (boomark / email).