Post Grad Work Permits – Law – Solutions – Active Judicial Review | Recorded Presentation – Vodcast
Presented by 2050 Knowledge Corporation
This Presentation Will Interest – institutions – students – immigration consultants and lawyers – recruiters and agents – immigration and education policy analysts or regulators – international education consultants.
Speakers | John Boon J.D., HKMK Law Canada. John has practiced business and regulatory law in Canada and globally for decades – with a significant focus on education and workplace law.
1. Recorded Presentation – On Demand – Online – 75 Min. | $150.00 + GSTRegister for and View PGWP Presentation Now | Links and Passwords Sent by Email
2. Scheduled T.B.A. – Online – On Site
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Outline | Contribute to Active Judicial Review Below
Canada’s post grad work permit program excludes private non-degree institutions, programs and graduates. It does so with a Policy Guide only and not law.
Prior to 2017 many of these grads still received permits. In 2017, the federal government said no private non-degree grads will receive permits. When PGWPs were or are granted to these grads they are lawful and not erroneous as some have claimed.
Extensive legal research has culminated in an active Federal Court of Canada judicial review of this PGWP policy prohibition. For centuries under our laws, persons impacted by government decisions have been able to challenge those decisions by asking superior courts to review them. Decisions must adhere to a long list of legal requirements and if they do not courts can order a variety of remedies.
The judicial review application challenges the policy prohibition itself – not a decision targeting a specific college. The application asks the court to declare the policy prohibition unlawful because it is inconsistent with legislation that makes no public-private or degree and non-degree distinctions and because it creates rigid rules that must be set by law. It argues decision makers unlawfully fetter statute granted discretion when they blindly apply the policy without considering specific application factors.
- Legal arguments challenging the PGWP policy and how permit applications are considered.
- Why most allegations that institutions have misled students about PGWPs are legally unsound.
- What institutions can say to students about PGWPs and what various contracts should say.
- How post grad work risks relate to and are distinct from risks associated with education service quality, workplaces and jobs, loan defaults and immigration or study permit fraud.
- Final Solutions – how government and private non-degree stakeholder interests can be balanced.
Judicial Review Contributions | Presentation Fees Are Not JR Contributions
A media arts college active in Vancouver for decades and one of its international students denied a PGWP initiated this action. The lawyer conducting the judicial review action for these clients is Andrew Gay QC – a prominent Canadian litigator.
Prominent companies in film, animation, visual effects and gaming sectors provided affidavit evidence of how the challenged PGWP policy negatively impacts their ability to hire needed workers. Many colleges support the initiative because the challenge is to the policy – not a decision relating to a specific college. One college pursues review because having more adds cost without adding legal arguments.
Before contributing, we encourage you to view this recorded presentation. Presentation fees are not JR contributions.Contribute to Judicial Review