An Indictable offence that carries with it a 3-year maximum penalty

Alejandro comes into your office for a consultation. He explains to you that he immigrated
to Canada with his mother when he was 6 years old. At age 26, he was charged with an
indictable offence that carries with it a 3-year maximum penalty.

Although Alejandro
received only a 6-month sentence, the minister’s delegate issued him with a removal order
based on his criminal inadmissibility.
Alejandro tells you that this was his first offence and he is deeply sorry for it. He has lived
in Canada almost his entire life and has nothing to return to in his native Chile.
Furthermore, Alejandro’s mother has a progressing disease of muscular dystrophy and is
unable to work.

She relies on Alejandro for financial and emotional support because he is
her only child. Alejandro is desperately seeking to stay in Canada.
1. If you were representing Alejandro in this matter, what would be the first step that
you would take to prevent his removal from Canada? 2 Marks

2. Are there any deadlines that must be complied with? Please refer to the appropriate
IAD Rule to support your answer. 2 Marks

3. In Alejandro’s case, who is responsible for preparing the “record”; what documents
would be included in his record and when is it due? 6 Marks

4. During this legal process, Alejandro informs you (his legal representative) that he
has moved his residence from Toronto to Ottawa. As a result, he would like his case
to be handled by the IRB office in Ottawa. Can you accommodate Alejandro’s
request of changing the location of his proceeding to the IRB in Ottawa? Please
explain. 4 Marks

5. In your opinion, what would be the IRB’s decision? Explain your position. 2 Marks

6. Please describe the removal order appeal process. 20 Marks