Morley Law Office’s Cases & Legal Publications

CASES

A lot of the work that I have done which I am most proud of has never been published, because the issues that they were about were avoided through careful written or oral advocacy, or were resolved quietly through negotiation out of court. Below are a few of the cases which I have handled that went to a hearing, which I believe might be of interest to you, and which are in the public domain.

STAY OF THE EXECUTION OF A DEPORTATION ORDER

  • Victor Hernandez-Andasol v. the Minister of Citizenship & Immigration [2000] F.C.J. No. 100 (F.C.T.D.)

SETTING ASIDE AN IMMIGRATION DECISION

  • Khalilullah Hotaki v. the Minister of Citizenship & Immigration [2001] F.C.J. No. 865; 2002 FCT 563 (F.C.T.D)

MENTAL HEALTH AND DEPORTATION PROCEEDINGS

  • Salehian v. Canada (Citizenship and Immigration), 2008 FC 547 (CanLII)
  • Omar v. Canada (Public Safety and Emergency Preparedness), 2010 CanLII 95018 (IRB)
  • Seke v. Canada (Minister of Public Safety and Emergency Preparedness), [2007] I.A.D.D. No. 159
  • Kim Thai Chung v. Minister of Citizenship and Immigration (1994), 26 Imm.L.R. (2d) 72

ADMISSIBILITY HEARINGS

  • Kim Thai Chung v. Minister of Citizenship and Immigration (1994), 26 Imm.L.R. (2d) 72

APPEALING DEPORTATION ORDERS

  • Charife v. Canada (Citizenship and Immigration), 2011 CanLII 49391 (IRB)
  • Fenty v. Canada (Public Safety and Emergency Preparedness), 2009 CanLII 87227
  • Salmon v. Canada (Public Safety and Emergency Preparedness), 2008 CanLII 52515 (IRB)
  • Charife v. Canada (Public Safety and Emergency Preparedness), 2008 CanLII 76616 (IRB)
  • Butorak v. Canada (Public Safety and Emergency Preparedness), 2007 CanLII 69768 (IRB)
  • Thomas v. Canada (Minister of Citizenship and Immigration) [2004] I.A.D.D. No. 941, No. MA3-08765
  • McDonald v. Canada (Minister of Citizenship and Immigration) [2002] I.A.D.D. No. 242, No. TA1-09057
  • Scherlizin v. Canada (Minister of Citizenship and Immigration) [2002] I.A.D.D. No. 234, No. TA1-04183
  • Cao v. Canada (Minister of Citizenship and Immigration) [2001] I.A.D.D. No. 1892, No. TA1-06387
  • Nguyen v. Canada (Minister of Citizenship and Immigration) [2001] I.A.D.D. No. 1378, No. MA1-03234
  • Philip v. Canada (Minister of Citizenship and Immigration) [2001] I.A.D.D. No. 1057, No. TA0-06533
  • Racioppi v. Canada (Minister of Citizenship and Immigration) [1998] I.A.D.D. No. 558
  • Lao v. Canada (Minister of Citizenship and Immigration) [1997] I.A.D.D. No. 1785
  • Sukhram v. Canada (Minister of Citizenship and Immigration) [1996] I.A.D.D. No. 15
  • Stephen Paul O'Connor v. Minister of Citizenship & Immigration (1992), 21 Imm. L.R. (2d) 64
  • Grant v. Canada (Minister of Citizenship and Immigration) [2000] I.A.D.D. No. 1168, No. MA0-02682
  • Bogle v. Canada (Minister of Citizenship and Immigration) [1995] I.A.D.D. No. 953

REVIEWS OF APPEAL DECISIONS

  • Lao v. Canada (Minister of Citizenship and Immigration) [2001] I.A.D.D. No. 1663, No. T97-00809
  • Chang v. Canada (Minister of Citizenship and Immigration) [1999] I.A.D.D. No. 2480, No. T92-05980

RE-OPENING OF APPEAL DECISIONS

  • Abubaker v. Canada (Public Safety and Emergency Preparedness), 2007 CanLII 66929 (IRB)

EXTENDING THE TIME FOR FILING

  • Crichton v. Canada (Minister of Public Safety and Emergency Preparedness) [2010] I.A.D.D. No. 2341

CLAIMING REFUGEE STATUS

  • Re G. (M.V.) [1994] C.R.D.D. No. 403 No. U94-01329

OVERCOMING MEDICAL INADMISSIBILITY

  • Pitfield v. Canada (Minister of Citizenship and Immigration) [1998] I.A.D.D. No. 1940, No. T97-05764

FACTORS CONSIDERED IN AWARDING CUSTODY OF CHILDREN

  • Leonard v. Rose [2002] O.J. No. 175 (S.C.J.)
PUBLICATIONS

Some of my publications that may be of interest are listed below.

LEGAL AND LAW-RELATED

  • “Passports in Canada,” A paper delivered at the Canadian Bar Association’s National Immigration Law Conference, April 9, 2016 [Professional paper]
  • “Criminal Equivalency in Immigration Law: A Compendium of Cases,” A paper delivered at the Canadian Bar Association’s National Immigration Law Conference, May 9, 2015 [Professional paper]
  • “Immigration Status, Spousal Sponsorship & Spousal Abuse,” Association of Family and Conciliation Courts (Ontario Chapter) Newsletter, December, 2014 [Professional paper]
  • “Inadmissibility Defences,” A paper delivered to AQAADI (Quebec Immigration Lawyers Association), October 26, 2013 [Paper]
  • “Side-by-Side: IRPA & Bill C-43,” A paper delivered to the Law Society of Upper Canada’s 20th Annual Immigration Law Summit, November 27, 2012 [Professional paper]
  • “Questions about Criminal Rehabilitation,” A paper delivered at the Canadian Bar Association’s National Immigration Law Conference, May, 2012 [Professional paper]
  • "Why Kingston needs more immigrants,” The Kingston Whig Standard, May 25, 2013 [opinion]
  • "A Strong Fence: Bill C-43 - The Faster Removal of Foreign Criminals Act: Part 3", ImmQuest (2013) [Article]
  • "A Strong Fence: Bill C-43 – The Faster Removal of Foreign Criminals Act: Part 2", ImmQuest (2013) [Article]
  • "Criminals Must Leave Canada Faster", Crossing the Line (2013) [Article]
  • "The 2009 Annotated Citizenship Act", Crossing the Line (2013) [Book Review]
  • "A Strong Fence: Bill C-43 – The Faster Removal of Foreign Criminals Act: Part 1", ImmQuest (2013) [Article]
  • "Side by Side: IRPA & Bill C-43", 20th Annual Immigration Law Summit (2012) [Clause-by-clause comparison]
  • "Immigrant Students: Recent Cases", Crossing the Line (2012) [Case Briefs]
  • "Immigration Detention and Access to Justice", ImmQuest (2011) [Article]
  • "USA: Immigration Detainees at Risk", Crossing the Line (2011) [Article]
  • "Deportation is Freedom: The Orwellian World of Immigration Controls by Steve Cohen", Citizenship and Immigration, the newsletter of the Ontario Bar Association's Citizenship and Immigration Section (2009) [Book Review]
  • "Deportation is Freedom: The Orwellian World of Immigration Controls by Steve Cohen", Citizenship and Immigration, the newsletter of the Ontario Bar Association's Citizenship and Immigration Section (2009) [Book Review]
  • "PANDAmonium in Britain", Citizenship and Immigration, the newsletter of the Ontario Bar Association's Citizenship and Immigration Section (2008) [Article]
  • "What does "Citizenship" Mean?", Citizenship and Immigration, the newsletter of the Ontario Bar Association's Citizenship and Immigration Section (2008) [Editorial]
  • "Lost Canadians", Citizenship and Immigration, the newsletter of the Ontario Bar Association's Citizenship and Immigration Section (2008) [Article]
  • "Prisoner of Tehran: A Memoir by Marina Nemat", Citizenship and Immigration, the newsletter of the Ontario Bar Association's Citizenship and Immigration Section (2008) [Book Review]
  • "Criminality & Deportation", Citizenship and Immigration, the newsletter of the Ontario Bar Association's Citizenship and Immigration Section (2006) [Article]
  • "Who killed Ty Conn?", in Canadian Book Review Annual (2001), p. 311 [Book Review]
  • "Canada's Big House: the Dark History of the Kingston Penitentiary", in Canadian Book Review Annual (2001), p. 309 [Book Review]
  • "The Law of Sentencing", in Canadian Book Review Annual (2001), p. 311 [Book Review]
  • "For Better or for Worse: The Canadian Guide to Marriage Contracts and Cohabitation Agreements", in Canadian Book Review Annual (2000), p. 287 [Book Review]
  • "Surviving Your Divorce: a Guide to Canadian Family Law", in Canadian Book Review Annual (2000), p. 287 [Book Review]
  • "The Normative Basis of Fault in Criminal Law: History and Theory", in Canadian Book Review Annual (1999), p. 311 [Book Review]
  • "Outrage: Canada's Justice System on Trial", in Queen's Law Journal Vol 25, No 1 (Fall, 1999) [Book Review]
  • "No havens for war criminals", The Kingston Whig-Standard, October 1, 1997 [Editorial]
  • "Deportation changes are overdue", The Kingston Whig-Standard, April 14, 1997 [Editorial]
  • "Adjusting the balance of power", The Whig-Standard magazine, December 8, 1984 [Book Review]
  • "Canada and the constitutional question: an interview with Eugene Forsey", The mirror, I:1 (September, 1981), p. 17-38 [Interview with legal scholar Eugene Forsey]

HISTORICAL

  • "Sir George Airey Kirkpatrick", in Dictionary of Canadian Biography, vol. XII, 1981-1900 (Toronto: University of Toronto Press, 1990), p. 496-7 [Dictionary Entry]
  • "Wide-eyed in the East", The Whig-Standard magazine, March 16, 1985 [Book Review]
  • "How history is written", The Whig-Standard magazine, January 28, 1984 [Book Review]
  • "A Nickle for Change-The Political Career of W.F. Nickle, 1906-1926", in Historic Kingston, XXXII (January, 1984), p. 3-16 [Article]
  • St. Mary's Cemetery plans / Audrey MacGregor, LeBlanc, Grace Lloyd; map by Leslie H. Morley. [Kingston, Ont.: s.n., 1984?]. WD Jordan Special Collections - Lorne Pierce (folios)
  • "Is history a branch of literature?: three views", The mirror, II:1 (September, 1982), p. 26-40 [Interviews of distinguished historians and literary figures]
  • "The war diary of H. B. Grigg", The mirror, II:1 (September, 1982), p. 66-87 [Edited diary of a WW1 Canadian soldier]
  • "Bytown: 'political cockpit", The Whig-Standard magazine, August 28, 1982 [Book Review]
  • "Memories of Donald Creighton: comments by Roger Graham, Alfred Dubuc and Hugh MacLennan", The register, I:1, (March, 1980), p. 90-8 [includes interview with Canadian writer Hugh MacLennan]
  • "The Lower view: an interview with A.R.M. Lower", The register, I:1, (March, 1980), p. 18-31 [Interview with senior Canadian Historian Arthur Lower]
  • "Amherst Island" in Nick & Helma Mika (eds.), Places in Ontario: their name origins and history (Part I: A-E), Belleville, Ont.: Mika Publishing Company. 1977 [Brief local history]

BIBLIOGRAPHICAL

  • A catalogue of the Riche-Covington Collection in Queen's University Library, Kingston, Ont: Queen's University, December, 1983 [Book collection catalogue]
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