Professional & Knowledgable Law Team
Showing posts with label Canada. Show all posts
Showing posts with label Canada. Show all posts

Tuesday, October 27, 2020

Alberta’s government is launching two new immigration streams

 Alberta’s government is launching two new immigration streams to spur job-creating entrepreneurship, tech startup ventures and boost economic growth.


https://www.alberta.ca/release.cfm?xID=74554F9CE9571-C7ED-4BF3-31C3B91BA04AC43C&fbclid=IwAR1YxlmTNc2RafsHyDTGJQ3AipiKGWy-TbNI2CXiGKkQ8IJqI3MnBKLj6r4

Thursday, February 25, 2016

Liberals set to repeal immigration bill C-24 critics decried as path to two-tiered Canadian citizenship

OTTAWA - 24th February, 2016 : Immigration Minister John McCallum says the government will announce significant changes to the Citizenship Act in the coming days.
Mr. McCallum said Tuesday that the Liberals will soon follow through on their election pledge to repeal the Conservatives’ controversial Bill C-24, which gave the government the power to revoke Canadian citizenship from dual citizens convicted of terrorism, treason or espionage.
Asked when the changes will be unveiled, Mr. McCallum told The Globe and Mail to expect an announcement “in coming days, but not very many days.”
During last year’s election campaign, the Liberal platform committed to “repeal the unfair elements of Bill C-24 that create second-class citizens and the elements that make it more difficult for hard-working immigrants to become Canadian citizens.”
Mr. McCallum said the government’s announcement will make it impossible to revoke citizenship.
“A Canadian is a Canadian is a Canadian,” Mr. McCallum said, repeating a line used by Prime Minister Justin Trudeau during a heated election debate last September. “We would not revoke people’s citizenship. … That will certainly be a part of it [the announcement],” the Immigration Minister added.
Mr. McCallum said the government will also remove barriers to citizenship posed by Bill C-24.
“We believe that it’s better to make it easier rather than harder for people to become citizens.”
However, he did not say which specific barriers would be addressed.
One major point of contention in Bill C-24 was a provision stiffening language requirements for newcomers. Before the changes, those between the ages of 18 and 54 were required to meet language requirements in English or French and pass a Canadian knowledge test, for which they were allowed to seek the help of an interpreter. When the bill became law, the age range expanded to 14 to 64, and interpreters were no longer allowed to help.
The law also made would-be Canadians wait longer to apply for citizenship and imposed a $300 application fee for adult citizenship applicants, up from $100, which was increased by the department again on Jan. 1, 2015 to $530 to “more closely reflect the costs associated with processing citizenship applications.”
Mr. McCallum told reporters Tuesday that the government will table its annual immigration report before March 9.
The report was supposed to be tabled by Nov. 1, but the fall election delayed its release. Since the House of Commons was not sitting on Nov. 1, the law requires the government to table the report within 30 sitting days of Parliament returning.
Mr. McCallum said the report will outline targets for all classes of immigrants, including Syrian refugees. While the minister has previously said the government hopes to settle a total of 35,000 to 50,000 Syrian refugees by the end of 2016, he said the exact number – “in that ballpark” – will be outlined in the immigration report. He added that the government is on track to reach its promise of resettling 25,000 Syrian refugees by the end of February.
Furio De Angelis, the United Nations High Commissioner for Refugees (UNHCR) representative to Canada, said the government’s continued commitment to resettle Syrian refugees throughout 2016 is “very important,” especially ahead of a key UN conference on legal resettlement pathways for Syrian refugees, to be held in Geneva, Switzerland in March.
“I’m sure that Canada will present its own model of legal pathways [at the conference]. It will be a role model and we hope that this will create similar programs in other countries,” Mr. De Angelis said in an interview with The Globe.
While Mr. De Angelis said domestic targets are “crucial,” he said it’s also important to not get bogged down in the numbers.
“When we are talking about needs in the humanitarian operations context … developments of targets sort of diminish because the needs are so large.”

Sunday, January 31, 2016

How to protect your land from illegal possession suggests B.S.Ghuman, NRI Lawyer

Invest in farm land the legal way & profit from it



Investment on a piece of land is a safe bet as it assures huge return on investment. But how safe is your property deal? With land grabbers on the prowl and often multiple individuals claiming ownership of a single plot, buyers have to be extremely careful before investing in land, and also take steps to prevent encroachments.

NRI Law Group suggests some do`s and don`ts to lock a legal and smooth land deal.


Legal Issues


Don't Forget To Ask A Good Law Firm To Do Due Paper Work!


Once you have zeroed in on the land, you have to turn your attention to the most important hurdle you may have to surmount: the legal issues. Tell yourself again and again that this is the most crucial step involved in buying a piece of agricultural land. Mr. Ghuman suggests an easy way out: "Ask a sound law firm to do due diligence. Ensure that the title of the land is clear. If you do not have the wherewithal to check the legal issues, then engage a proper realtor or local broker to check them." "The most common mistake is that people don't see if the land has been properly acquired or not, whether the farmers have been rehabilitated or not. There can be numerous problems. You buy land and then realise there are many issues," says Ghuman. He gives some useful tips on how to avoid such mistakes: "Study the state bylaws before buying agricultural land. Land should not have any encumbrance or litigation on it. Also, have a thorough title due-diligence done on the land with at least 30 years historical title check done. There should be no minor, etc, as owner of the land. Make sure that there are no village roads/lanes, well, etc, on the land and there are no LT/HT electrical wires running thought the land." Get your land demarcated clearly, and ensure that the seller gets the boundary wall or fencing done before the title is transferred, he says.Before signing the cheque for the purchase, you need to carefully plan how you are going to take care of the land. Living in a city and taking care of a land far away won't be an easy task. Ghuman suggests a viable solution: "You can hire contract farming firms that will man age the land for you. These contract farming firms may be on a profit-sharing basis. Prior to the acquisition of the land, a contract farming firm could do the testing of the soil to determine what crop can be grown."


Security Issues


Security issues related to such land are usually more complex, feel experts. "If you buy land in a community society then at least there is somebody to look after the land. But if you buy an independent plot, then there is the problem of guarding it as well, which can become very costly," says Ghuman. "Get the fencing and security right, it is very important," says Narayan. "Prima facie, one needs to make sure that there is no land grabbing or the neighbour doesn't extend the boundaries to your land. Hence, basic costs are for creating a boundary wall and a guard," says Ghuman.


A Home Away From Home


But don't start building holiday home in the air, though. Laws prohibit building of holiday homes on agricultural land. Ghuman says, "A farm land is ideally a piece of land where you can do farming. It should not be confused with a holiday home. Different states have different laws for conversion of farm land into a holiday home, motel, hotel. There is a process laid down by each state which governs the change of land use." So, before you build a holiday home, study the laws of the state where you plan to buy the land. Ghuman warns that holiday homes are not great investment options. "A holiday home is mainly a lifestyle option. There's not much scope for investment in such a home because the liquidity is not great." But make no mistake, land is always a valuable investment. "Holding land may be sensible, given the increasing demand for food grains," says Ghuman. "If you have already bought land, it is better to hold on to it as the purchase cost is not likely to be very high," says Ghuman.

Saturday, January 3, 2015

New regulations about illegal downloading go into effect in Canada on Jan. 2, 2015

Canada's new online copyright protection regulations allow holders to restrict downloaders


If you’re downloading files illegally in Canada on Jan. 2, 2015 you might be getting a notice from your Internet service provider (ISP) asking you to stop. So what’s new and how effective will these notices be in preventing piracy?

But that’s all – the notices are not the first stages of a lawsuit and you won’t go to jail. So what’s new and how effective will these notices be in preventing piracy?

The Jan. 2 rules just codify what ISPs have generally been doing the last ten years: they require providers like Rogers and Bell to send a letter, technically called a “Notice and Notice,” to the person connected to the IP address asking them to stop if they’re thought to be partaking in copyright infringement.

Your ISP isn’t going out of its way to track what you download though. Instead, it’s only required to forward notices it’s received from copyright owners.

And the notices can only ask you to stop—though there is some worry that copyright owners might try to sneak in demands for payment.

“If you pay us $3,000 by such and such a date, we will not sue you,” is one possible tactic, copyright lawyer Howard Knopf said during an interview. “The law was not intended to work that way and what people will not realize is that there’s no judicial process involved in that. And in the absence of a successful lawsuit, they’re not under any obligation to pay anything.”

Some ISPs have already sent the notices. According to a presentation by University of Ottawa professor Michael Geist, only five per cent of Rogers subscribers received a notice in 2011. Of those people, 68 per cent received a single notice; 89 per cent received two notices, and 1 in 800,000 received numerous notices.

And they seemed to work: Rogers told a House of Commons committee in 2011 that67 per cent of people who received a notice didn’t reoffend.

“People tend to take down what is offending, if it’s illegal, and tend not to repeat their behaviour. So it’s a very effective way of educating people to not infringe copyright,” Knopf, counsel at Ottawa law firm Macera & Jarzyna said.
But that doesn’t mean you can get away with downloading your favourite movie illegally. Copyright holders are still able to take people to court; but the case would be civil, not criminal, according to John Cotter, a lawyer with Osler law.

“In terms of rights and remedies, the copyright owner has what they’ve always had,” Cotter said. “So that if the recipient of the notice doesn’t take down the content in question, they have the same exposure they’ve always had to liability.”

Cotter said damages for copyright infringement can range between $500 and $20,000 for commercial activity.

And it’s far different than the United States where people have been ordered to pay millions. In 2009, Jammie Thomas-Rasset, a 32-year-old woman from Minnesota, was ordered to pay $1.9 million for downloading 24 songs.

“The cap is going to be $5,000 (for non-commercial activity), so nobody is going to lose their house over this,” Knopf said.
“But not only that, it’s a cap of $5,000 for that particular behaviour and all previous infringing behaviour against the works of all other copyright owners.”

Identifying the “pirate” can be difficult: The copyright holder has to bring evidence of copyright infringement before a court and ask the names associated with it be disclosed.

The ISP has to keep records of the notice for six months or up to a year if the issue goes to court within the first six months.  But they don’t have to give up the name of the person issued a notice unless there’s been a court order. And that can be difficult for the copyright holder to get.

There have been two notable cases in Canada where a copyright holder has tried to obtain names from an ISP—one was unsuccessful, the other is still before a judge.

In 2004, BMG Canada asked a court to order the disclosure of account information associated with 29 IP addresses believed to be involved with downloading 1,000 copyrighted music files from peer-to-peer sharing software. They were denied.

More recently, Voltage Pictures, the production company responsible for The Hurt Locker, took Teksavvy to court to try and obtain the names of people accused of downloading some of their content including Dallas Buyers Club. In this case, the court said they would order the disclosure of names provided Voltage Pictures pay the “reasonable costs” of finding the names associated with the IP addresses – a cost which the ISP has pegged at $346,480.68. Voltage Pictures suggested it should pay no more than $884.

IP addresses aren’t exact either – they’re like a license plate. They can provide information about who owns the car, but not who is driving.

The bill does have some detractors: The Canadian Independent Music Association, which represents independent artists, panned the bill in a written statement for not having a “take-down provision” which would force the illegal content off the Internet.

“The ‘notice‐and‐notice’ provision puts an unreasonable burden on copyright owners and creators to self‐police infringements ‐‐ while essentially allowing ISPs once notified of an infringement, to have no further involvement and thereby creating the untenable situation whereby infringements will continue.”

Canada’s new anti-piracy laws that went into effect this week, giving copyright holders an avenue to confront illegal downloaders. It is unlikely, however, that piracy will end overnight.
The U.S. and Britain currently have similar laws, or stronger ones, in place and illegal downloading is still rampant in those countries.

Wednesday, May 7, 2014

We get redressed NRI property encroachment cases faster: Advocate J.P.S. Ghuman

Edmonton (TNP) -  Staying outside India and having to deal with Property issues in the country, can be really a troublesome and a tuff job. Living overseas with limited ability to supervise their property,Non Resident Indians (NRIs) are often victims of property encroachment in India. "Typically people buy land for investment purposes and may seldom visit the plot of land. Such land becomes an easy target for encroachment because the wrong-doers know that the person is not supervising/ checking on the land and they also know that on encroachment it is difficult for the owner to fight a legal battle in absentia. Similarly, houses of NRIs are soft targets where tenants who have lived long enough may refuse to vacate a rented place. In most situations, the legal way of eviction could be time consuming because the tenancy laws in most states are skewed in favor of the tenants," explains Advocate J.P.S.Ghuman, Managing Director of NRI Legal Matters while talking with The NRI Post. 

A possessor enjoys certain judicial protection against third parties even if he is not the owner. This is in order to obviate unlawful acts of violence against the person in possession. However, illegal occupants take advantage of the prevalent laws with respect to possession and many owners face a lot of problem and harassment to get back their properties. The problem is worse in cases of NRIs who are not physically present to look after the properties and forced to depend on locals to look after the properties and litigation if any.

Prevention, then, is obviously better than cure and we have seen in an earlier article the various steps NRIs can take to prevent property encroachment. However, if your property has already been encroached upon, don't lose heart. "There are remedies provided under the law to get back the properties or protect any third party trespassing or interfering in the peaceful possession," Singh points out. But, as Sunder says, "be mentally prepared for a long haul." 

"Remedies are available under section 5 and 6 of the Specific Relief Act, 1963. A person who is dispossessed from his property can get possession on the basis of title and may recover possession merely by proving previous possession and subsequent wrongful dispossession," says Singh. 

Steps to get it back:-

Step 1: Get all the related documents 


In order to be able to prove that, it is important to have your documents in order. "To establish right on the property the owner or a person claiming possession must have documents such as the title deeds, jamabandis, mutation/ intkal, copy of the Will (if any) where the property has been inherited by way of a Will, original purchase agreement/sale deed, electricity bills, water bills and telephone bills etc.," Singh advices. "In addition, keep all payment receipts, cheques, bank drafts (if any) paid to the sellers and annual property tax receipts," advises Bangalore based Advocate Lokesh Anjanappa. 

Step 2: Seek legal help 

Find yourself a lawyer who can help you to quickly draft suitable notices of eviction and have them sent to the illegal occupants. "Discuss at length with the lawyer every minute detail pertaining to the disputed property and file a civil suit seeking 'restraint order' or 'injunctive relief' (Stay) against any continuing threat. Try and obtain copies of the encroacher's documents on which basis an illegitimate claim has suddenly cropped-up in air," says Anjanappa. 

Step 3: File a complaint with police 

"In addition to the Specific Relief Act, proceedings can also take place under section 145 of the Criminal Procedure Code. In states like Punjab, the Government has taken steps such as setting up of NRI police stations where a person who apprehends trespassing or wrongful dispossession can lodge a written complaint. In fact, a written complaint can be sent to the Superintendent of Police (SP) by way of registered post. Even if the SP fails to respond, a private complaint in the court can be filed through an advocate and the case can then be pursued through a special power of attorney (a relative or a close friend) where it is difficult for the owner to be present in India," says Singh. "You can even file a complaint in any police station if there are any threats of bodily harm from the party," says Sunder. 

Step 4: Be open to negotiation 

"Knowing that there are people backing you up could make the encroacher change mind. Also, keep the window of negotiation open so that the futility of it can be impressed upon the encroacher. Considering the financial impact on the property, legal fees, professional charges, lengthy trial period, related expenses, etc., the encroacher may think it more wise to invite the litigating party for some favorable out of court negotiations/settlement," Sunder says. 

Step 5: Be patient 

"Timelines in litigation in India are difficult to speculate. On an average a case takes a minimum of 2-3 years. The cost of litigation varies from case to case. It depends on the city where the case is filed (litigation cost is steep in cities like Delhi, Mumbai, Ahmadabad), the complexity of the case and type of lawyer engaged (for instance a designated Senior counsel who might charge on per hearing basis or lawyer with an experience of 10-15 years)," Singh says. Getting back encroached property is often a long winding legal process. The above steps provide a broad guide on what to do if you are in a similar situation. Do consult a professional for your individual circumstance.



Our Non Resident Indian clients can trust us to solve all the legal hassles pertaining to their Property matters in India. We have a team of Property consultants & Legal Advisors,  who is well-versed with all such issues and facilitates and quickly resolve  such iessues.


Any problem, in any Govt. Department relating to your Property in India, you can depute us to handle such matters and forget your worries &. rest is our job and you may relax. Your all the problems will be settled on a very nominal expense, we have the experience of handling such issues of our various clients, successfully who are residing in UK, USA, Canada and Middle East, etc. Mr. Singh added.

Friday, November 15, 2013

Mistaken Identity Case: Punjab police deletes name of NRI from 'Non Hardcore Terrorists’ list'


Chandigarh, 14th November, 2013 (NLGC): The Punjab Police today informed the Punjab and Haryana High Court that they had deleted the name of US settled NRI Shingara Singh, a native of village Jassomajra in Shaheed Bhagat Singh Nagar district,  from the list of 'Non-Hardcore Terrorists'  from the list of ‘Non-Hardcore Terrorists’.
Shingara Singh had submitted that his name has been included in the list of ‘Non-hard-core Terrorists’ maintained at police station Behiram in district Shaheed Bhagat Singh Nagar.

He informed the court that as per the information received under the RTI Act, SHO, police station Behiram has informed that no criminal case is pending against him but his name figures in the list of ‘Non-hard-core Terrorists’.

The petitioner had submitted that on account of similarity of his name with another Shingara Singh of Kapurthala district, who is a proclaimed offender, having a number of criminal cases pending against him, he is interrogated and harassed by Punjab police whenever he visits Punjab.
Time Line of the Case:
On September 7,2013 in a reply to the Shingara Singh's petition, DSP, Banga (District S.B.S. Nagar) filed affidavit making startling revelation before Punjab and Haryana Highcourt that  “Whosoever went abroad during the period of terrorism  in Punjab, his name was mentioned in the list of Hard-core Terrorists”. During the resumed hearing on Thursday, of a Criminal Petition filed by one Shingara Singh of Village Jasso Mazara, District S.B.S. Nagar (now NRI residing in USA) seeking direction to the Punjab Police to delete his name from the list of “Non-hardcore terrorists” maintained in the Police records of Police Station, Behram (District S.B.S. Nagar), inter-alia, on the grounds that he was never involved in any criminal case during his entire life, Shri Bhagwant Singh, DSP, Banga filed an affidavit  in the HC, candidly admitting that “during the period of terrorism, the persons who went abroad, as per report of Crime Branch, CID Security and Secret information, their names were mentioned in the “list of Hardcore terrorists”. DSP, in his affidavit, however, admitted that there is no record available with the Police showing involvement of the petitioner in the terrorist activities. Police has no objection if  his name is ordered to be deleted from the list of non-hardcore terrorists.  Taking serious exception to the aforesaid contents of the affidavit of DSP, Banga, Hon’ble Justice Ram Chander Gutpa , orally expressed his shock and dismay over the aforesaid statement by DSP, Banga, and also the conduct of the Police in itself not deleting the name of the petitioner from the list of non-hardcore terrorists, and instead    leaving  it to the HC to  order deletion of his name from the said list.

Saturday, November 2, 2013

Indian-origin former Canadian MP begins campaign in Punjab against fraud marriages

New Delhi Indian-origin former Canadian parliamentarian Ruby Dhalla has kick-started a campaign to help women victims of fraud marriages in Punjab.

The campaign is being spearheaded by 'Dreams for You', an NGO, which focuses on helping, supporting and empowering women who have been "victimised, impacted and affected with the growing phenomena of fraud marriages".

Dhalla has also brought out a fashion label "Ruby Red", comprising gowns, kurtas, dresses and kaftans, whose sale proceeds would be channeled towards the charity.

Dhalla, who is the first Sikh Parliamentarian in Canada, says she used to deal with a lot of cases from the Indian community there concerning fraud marriages and during a visit to India had met an "unexpectedly huge" number of people who turned up to meet her.

"I have been working on this issue for many years in Canada. I remember in 2004 a lot of women from ethnic communities and the Indian community began coming to me with such issues. When I came to Punjab in 2009, I asked them to organise a function to meet these women. I thought only about 15 to 20 women would show up and we would discuss the issue. To my shock I remember walking into the event with hundreds of women lined up outside and other thousands inside that little community centre. They were in tears and pleading with me to help them," Dhalla said during her recent visit in New Delhi.

The former member of the Canadian House of Commons said it was about that time when she decided to help the women.

"These women have so little. They are neither here nor there. They are not divorced, they are not married. They are just living in a sense of abandonment. And it is difficult for these women to live with their in-laws or even at their parents' home," Dhalla said.

Through her NGO, Dhalla says she wants to raise awareness about issues like registration of marriages, development of an NRI wing, imparting skill training and proving legal assistance to those affected.

"Besides raising awareness on the issue, one of the elements that I advocate for is the need to develop an NRI wing where issues like this would go to and where people can come forward and there is a sense of collectivity," she said.

Tuesday, October 29, 2013

What are Human Rights?

Chandigarh, (NRILG) - Originally, people had rights only because of their membership in a group, such as a family. Then, in 539 B.C., Cyrus the Great, after conquering the city of Babylon, did something totally unexpected he freed all slaves to return home. Moreover, he declared people should choose their own religion. The Cyrus Cylinder, a clay table containing his statements, is the first human rights declaration in history. The idea of human rights spread quickly to India, Greece and eventually Rome. In India - the Fundamental Rights are not Human Rights.

The most important advances in the development of Human Rights since then have included:

1215: The Magna Carta — gave people new rights and made the king subject to the law.

1628: The Petition of Right — set out the rights of the people.

1628: The Petition of Right — set out the rights of the people.

1776: The United States Declaration of Independence — proclaimed the right to life, liberty and the pursuit of happiness.

1789: The Declaration of the Rights of Man and of the Citizen — adocument of France, stating that all citizens are equal under the law.

1948: The Universal Declaration of Human Rights —the first document listing the 30 rights to which everyone is entitled.They are

We Are All Born Free and Equal
Don’t Discriminate
The Right to Life
No Slavery
No Torture
You Have Rights No Matter Where You Go
We’re All Equal before the Law
Your Human Rights Are Protected by Law
No Unfair Detainment
The Right to Trial
We’re Always Innocent Till Proven Guilty
The Right to Privacy
Freedom to Move
The Right to Seek a Safe Place to Live
Right to a Nationality
Marriage and Family
The Right to Your Own Things
Freedom of Thought
Freedom of Expression

HUMAN RIGHTS  VIOLATIONS
Human rights advocates agree that, sixty years after its issue, the Universal Declaration of Human Rights is still more a dream than reality. Violations exist in every part of the world. For example, Amnesty International’s 2009 World Report and other sources show that individuals are:
  • Tortured or abused in at least 81 countries
  • Face unfair trials in at least 54 countries
  • Restricted in their freedom of expression in at least 77 countries
Not only that, but women and children in particular are marginalized in numerous ways, the press is not free in many countries, and dissenters are silenced, too often permanently. While some gains have been made over the course of the last six decades, human rights violations still plague the world today.
To help inform you of the true situation throughout the world, this section provides examples of violations of six Articles of the Universal Declaration of Human Rights (UDHR):-
ARTICLE 3 — THE RIGHT TO LIVE FREE
“Everyone has the right to life, liberty and security of person.”
An estimated 6,500 people were killed in 2007 in armed conflict in Afghanistan—nearly half being noncombatant civilian deaths at the hands of insurgents. Hundreds of civilians were also killed in suicide attacks by armed groups.
In Brazil in 2007, according to official figures, police killed at least 1,260 individuals—the highest total to date. All incidents were officially labeled “acts of resistance” and received little or no investigation.
In Uganda, 1,500 people die each week in the internally displaced person camps. According to the World Health Organization, 500,000 have died in these camps.
Vietnamese authorities forced at least 75,000 drug addicts and prostitutes into 71 overpopulated “rehab” camps, labeling the detainees at “high risk” of contracting HIV/AIDS but providing no treatment.
What are Human Rights in India?

Though UN had declared 30 Articles as Human Rights, due to the Supremacy of the Indian Constitution, the Indian Government had enacted the Protection of Human Rights Act in 1993. According to the aforesaid act the Human Rights in India is the Rights related to the life, liberty, equality and dignity guaranteed under the Indian Constitution + 30 articles of UN enforceable in the courts of India.Human Rights can be enforced only against the matters under the Schedule 7- List II and III of the Indian Constitution. Hence, the Fundamental Rights in India are different from Human Rights.


Monday, October 28, 2013

More than 1,500 Canadians detained abroad in foreign prisons

                                        John Greyson, right, and Tarek Loubani 

MONTREAL - For nearly two months all eyes were turned to John Greyson and Tarek Loubani, the Canadian activists held in an Egyptian prison before being allowed to return to Canada.
Two other detained Canadians, Greenpeace activists Alexandre Paul and Paul Ruzycki, have also been in the headlines as they remain held in a Russian prison and could face a lengthy prison sentence on piracy charges.
But there are other Canadians detained abroad who don't have such a network of supporters, and fail to capture similar public attention.
Overall, 1,590 Canadians are in prison outside the country, according to figures provided by Canada's Foreign Affairs department, accurate to Oct. 10.
The bulk of them — 1,097 — are behind bars in the United States. The rest are in prisons in more than 85 other countries.
Foreign Affairs wouldn't provide a breakdown on the circumstances or duration of detention, nor how many cases the government is actively contesting.
But human-rights groups continue to monitor a number of cases where they believe Canadians are being wrongly detained or have been the victim of human-rights violations.
Often, it can take years to bring a Canadian back home.
Earlier this month, Hamid Ghassemi-Shall was finally able to return to Canada after 64 months in an Iranian prison, including a year in solitary confinement.
Ghassemi-Shall emigrated to Toronto, where he working as a shoe salesman, following Iran’s 1979 revolution. He was arrested on espionage charges while visiting his ailing mother in 2008, and faced the death penalty.
International pressure, including a stream of letters from supporters to the Iranian government, may have been a factor in helping to keep him alive, according to Amnesty International Canada.
Each case "has a delicate strategy depending on the circumstances of the case," said John Tackaberry, a spokesman for the human rights group.
That can mean a public-relations blitz or, alternatively, working quietly behind the scenes.
Most cases don't get nearly as much attention as Greyson and Loubani did, Tackaberry said.
Foreign Affairs Minister John Baird took an active role in the weeks leading up to their release, saying at one point that "Canadians have got to know that their government at the highest levels is doing absolutely everything it can."
"They had a very well-orchestrated social media campaign and a petition with 150,000 signatures," Tackaberry said. Similar cases, meanwhile, can sometimes fail to resonate with the public, he said.
"It has been difficult, in terms of raising public awareness of the issue, getting some coverage of the issues, putting some pressure on behind the scenes, or encouraging the government to get involved."
Foreign Affairs spokeswoman Claude Rochon said the federal government tries, in every case, to ensure Canadians receive fair treatment under the local criminal-justice system.
But she stressed that the government cannot "seek preferential treatment for you or try to exempt you from the due process of local law."
Often, there's not much more the federal government can offer in terms of assistance, according to one former Canadian diplomat.
"All the Canadian government can do is ensure that the person in prison gets fair treatment under the laws of the country where they are," said Eric Morse, now with the Royal Canadian Military Institute.
"Anything else is strictly informal."
Many of the arrests involve drug-related charges, Morse said, and the arrested are often in shock at the situation they find themselves in.
In an effort to dissuade others, the federal government has a collection of wrenching testimonials on its travel-advisory website from Canadians caught trying to smuggle drugs overseas.
Horror stories abound.
One man, who was sentenced to 15 years in a Cuban jail for importing marijuana, says the water was "milky colour and it made me really ill."
A woman who spent a year in a Jamaican prison for trafficking heroin described living in cramped quarters without running water where, as a foreigner, "inmates were constantly trying to pick fights with me."
In cases where Canadians are thought to be unfairly detained, the situation can be made much more difficult when Canada no longer has a diplomatic presence in the country, as in the case of Iran.
Other times, detaining a foreign national can be used to make a broader point at home. Morse suspects that's the case in Russia, where the Greenpeace activists remain behind bars.
Canadians, Greenpeace activists Alexandre Paul and Paul Ruzycki, have also been in the headlines as they remain held in a Russian prison and could face a lengthy prison sentence on piracy charges.
In a letter released by Greenpeace this week, Paul described the loneliness of being held in a cold cell with another inmate who doesn't speak any English.
Several of the 30 people arrested, including the captain, have already been denied bail.


Wednesday, October 23, 2013

Alberta, Sask. to reap biggest increases in workers’ pay next year


EDMONTON – A report from the Conference Board of Canada suggests it’s better to be a rig pig on the Prairies than a health-care worker in Ontario from a labour perspective.
The board’s forecast released Tuesday says workers in Alberta and Saskatchewan will fare the best in wage increases next year largely due to a shortage of qualified employees in the energy sector.
“The divide between East and West persists. Frenzied resource development and near-bottom unemployment rates mean that Alberta and Saskatchewan are again expecting to offer the highest pay increases next year,” said Ian Cullwick, vice-president of leadership and human resources research.
The report projects average increases of 3.7 per cent in Alberta and Saskatchewan. The lowest average increases are expected in the Atlantic provinces at 2.5 per cent and Ontario at 2.6 per cent.
The Canadian average for non-unionized workers is anticipated at 2.9 per cent in 2014.
The information is based on the responses of 411 employers across the country to a survey conducted between June and August.
The key is the availability of qualified workers in each region, said Cullwick. The findings also reflect that the industry with the highest average increases is predicted to be the oil and gas sector at 4.1 per cent. The health sector is forecast to have the lowest average increases at 1.8 per cent.
“Oil and gas lead the pack,” said Cullwick. “On the flip side, just to put some contrast to this, health care … is a tough industry sector. There’s a lot of restructuring going on across the country and the economics are indeed challenged.
“The cost of health care has gone up. If you look at health care authorities, I would argue they’re putting the money into patient care, equipment and facilities and they just don’t have much left over (for salaries).”
Cullwick said overall Canada’s economy is in relatively good shape, but growth has been sluggish and organizations will be looking at ways of keeping costs down.
Glen Hodgson, chief economist at the conference board, blames a drop in economic growth in Canada this year on the fiscal debt crisis and government shutdown in Washington, D.C.
Canada is affected by what he calls the “fiscal follies” south of the border, but he does expect the economy to rebound to about 2.4 per cent growth in 2014.
Hodgson said once again Alberta and Saskatchewan should lead the way with a growth rate of three per cent.
“The unemployment rate in both provinces is at 4.7 per cent and that is below full employment. You’re getting really tight labour markets and that leads to the wage pressure,” he said.
“That’s going to be an ongoing trend and you’re going to see tight labour markets on an ongoing basis.”

Monday, October 21, 2013

Big U.S. tax changes for Canadian snowbirds

What Snowbirds need to know about U.S. taxes

Edmonton - According to Wikipedia  snowbird is someone from the U.S. NortheastU.S. MidwestPacific Northwest, or Canada who spends a large portion of winter in warmer locales such as CaliforniaArizonaFloridaTexas,the Carolinas, or elsewhere along the Sun Belt region of the southern and southwest United States, Mexico, and areas of the Caribbean.

With the weather getting colder, now’s the time for Canadian snowbirds to start preparing to head south of the border for the winter. They need to bring with them a keen awareness of all the potential tax hits they might face.
For starters, proposed legislation in the U.S. could have serious tax consequences for Canadian visitors. Under the current rules, those who spend more than 182 days out of 365 days in the calendar year, or more than 120 days per year on average over a three-year period, may be considered a U.S. resident for tax purposes.
The new JOLT Act, (Jobs Originated through Launching Travel), would allow Canadian retirees to spend up to 240 days each year in the U.S. without a visa. But snowbirds who spend that long in the U.S. may be required to pay U.S. income and estate taxes.
To avoid U.S. taxation, IRS form 8840 (Closer Connection Exemption Statement for Aliens) needs to be filed annually with the U.S. Internal Revenue Service. Not filing it could result in a US$10,000 fine.
There are several other possible tax implications.
Those with a bank account in the U.S. need to know that interest earned on deposits could be subject to taxation. They should complete IRS form W8-BEN (Certificate of Foreign Status) with the U.S. financial institution to avoid possibly having 30 per cent of any interest earned withheld and sent to the IRS.
Tax considerations come into play if you own property in the States, too. If you sell, a withholding tax of 10 per cent of the gross sales price is normally payable under the Foreign Investment in Real Property Tax Act.
A government regulation stipulates that, if you own an American property when you die and your worldwide assets are worth more than US$2million, that property is subject to a 45-per cent estate tax.
“It is entirely possible they [the U.S. government] will also charge beneficiaries of the property a gifting fee,” Laing says. “So owing a U.S. property technically can expose your entire worldwide estate to the U.S. government. That’s shocking to most people.”
One solution to U.S. estate tax is to hold real estate in a Canadian corporation rather than personally, according to the American Chamber of Commerce in Canada (AmCham). Because shares of a Canadian corporation are not considered property within the U.S, no U.S. estate tax will apply.
Another way to reduce exposure to the U.S. estate tax is split interest ownership of the property. According to AmCham, an individual would acquire a life interest in American property under such an arrangement, and his or her children would acquire the remainder interest in the property. Upon the death of the individual, there would be no estate tax on the life interest.
You need to be careful if you want to gift your property to a Canadian relative, says Douglas Gray, president of Canadian Enterprise Development Group Inc. and author of the Canadian Snowbird Guide Everything You Need to Know about Living Part-Time in the USA and Mexico.
“Gifting to Canadian relative is very complex in terms of strategy,” Gray says. “You want to be aware of Canadian and U.S. [tax] impacts so you don’t get a multiple hit.
If you own a place and plan on renting it out, that comes with a big tax hit as well.
“You either need to forgo an immediate 30 per cent withholding tax on all gross revenue and/or you have to have U.S. social security number and file a U.S. tax return,” says Jolene Laing, associate director of global wealth management at ScotiaMcLeod in White Rock, B.C. “That’s one step most people don’t think about.”
Furthermore, in some states—particularly hot ones that Canadians snowbird to—property taxes are significantly higher for those who aren’t permanent residents.
What it all comes down to is knowing the facts to avoid getting fleeced.
“A lot of Canadians who are savvy get tax advice from a U.S. lawyer and a U.S. financial planner, people who are experts in cross-border taxes,” Gray says. “If you don’t structure things properly, you could end up having to pay tax in both countries. There are U.S. and Canadian federal taxes and state taxes. Everything is in the fine print.”

From more info visit: http://www.snowbirds.org/home