This latest example of state intervention involves the imposition by secularists of their ideology by force of law so that the ability of parents to decide on the content of their own children’s daycare programs and activities will be severely curtailed.

For example, words such as “Christmas” and “Passover” will no longer be permitted to be uttered in hearing distance of toddlers’ sensitive ears.

State-enforced secularism is much more than just removal of religion and religious expression – words, songs, modes of dress, or uses of symbols – in the public and publicly funded sphere. Secularism is itself a way of life, a type of social organization. As such, secularism should be open to the same level of scrutiny and analysis as any other ideology, whether conservatism, liberalism or socialism.

However, in Quebec certain matters are off limits, and secularism seems to be first on the list.

This lack of willingness to engage in true, open debate on many fundamental issues is an unfortunate trait of Quebec society.

Witness the rather lacklustre discussions in wake of the Bouchard-Taylor Commission on reasonable accommodation, and the current musings on what is painted by intelligentsia here as the inferior Canadian brand of multiculturalism vs. a kind of morally superior Quebec-made “interculturalism.”

Part of the reason secularism has itself almost become sacred in Quebec is that it has historical roots in both Quebec nationalist federalism and in the sovereignty movement.

The modern Quebec labour movement was born out of struggle to gain influence on society independent from the powerful Duplessis government on the one hand and what was viewed as the shackles of the established Roman Catholic Church on the other.

Thus, beginning in the late 1940s (championed by the likes of Jean Marchand, Gérard Pelletier and to a lesser extent Pierre Trudeau), the anti-clerical spirit was closely entwined with the rise of the unions.

That was followed by the emergence of the Quiet Revolution of the early 1960s, led by the likes of Premier Jean Lesage and his famous slogan “Maîtres chez nous,” and by René Lévesque, both as a remarkable provincial Liberal government minister entrusted with the nationalization of hydroelectric power, and later as the spiritual father of sovereignty and founder of the Parti Québécois.

The ever-present influence of the unions in Quebec society, and their blind support for the PQ and the sovereignty movement, ensure that secularism will never be far from the forefront.

With such a deep pedigree, it is no wonder that secularism (and to a somewhat lesser extent its intellectual twin, atheism) holds such sway in Quebec.

However, like any ideology, secularism may be become prone to extremism.

In the case of Quebec daycares, the extremist rules being imposed almost remind me of the jihadists and other religious fanatics against which these secularists purport to protect Quebec society.

My family and I will be attending one of the opening concerts at the Montreal Symphony Orchestra’s new hall this coming September. On the program is the incomparable 9th Symphony of Beethoven.

This work concludes with the famous Ode to Joy choral movement in which Beethoven set to music Schiller’s poem of the same name.

But when we look at Schiller’s original text, we find it includes German-language words conveying the dangerous ideas “Creator” and “God,” not to mention “brotherhood” (surely a sexist concept).

The radical Quebec secularists must find this reprehensible.

How can the largely publicly funded MSO be permitted to perform a work of such religious indoctrination at the publicly funded new concert hall?

Imagine the horrors if children happen to be in attendance.

Secularists will want all parents to help protect Quebec youth from Beethoven.

Even worse, later this year our world-famous orchestra is scheduled to perform Handel’s Messiah, a three-hour choral composition replete with Biblical texts praising “God” and, yes, “Christ.”

Perhaps the secularists will seek an injunction to stop any public funding of the MSO until such time as it bans God from all performances, or, taking inspiration from the old Soviet Union’s rules against public religious expression, demand that the work’s name be changed to Handel’s “Comrade.”

Secularists might want to consider the simplest way to protect Quebec’s secular values from any such possible religious dangers: placing a complete ban on music in the province.

Specially trained police could patrol daycares, schools, parks and shopping malls to enforce the prohibition, with wide powers to arrest and punish transgressors on the spot.

Iran has a very effective morality police brigade that could serve as the perfect model to help achieve these important goals for our modern Quebec society.

This Blog was first published on the Opinion page of the Montreal Gazette newspaper on June 8, 2011.  The text is reproduced with permission.

Immigration, border security concerns, and citizenship

On immigration matters, the government did not propose any comprehensive reform. It intends to proceed with previously announced plans to tackle smuggling as well as the problem of marriage fraud in relation to sponsorship applications. The government also said it plans to cooperate with the Obama administration to “streamline and secure our border and enhance regulatory cooperation” to promote security while supposedly enhancing the movement of goods and persons between Canada and the U.S.

Surprisingly, the Speech from the Throne contained nothing to indicate the government intends to make long overdue changes to Canada’s citizenship legislation.

Seven main priorities

Here is what the government states are its main priorities:

• Supporting jobs and growth by implementing the Next Phase of Canada’s Economic Action Plan, which will include further steps to promote a stable, low-tax environment; develop a highly skilled and flexible workforce; support innovation and the adoption of new technologies, and expand access to markets abroad.

• Eliminating the deficit by 2015 by making responsible choices and reducing the cost of government, ensuring that the economy can continue to grow and create jobs.

• Supporting hard-working families by helping seniors make ends meet and continuing to help Canadians save for their retirement; by supporting family caregivers; by helping parents who want to provide their children with opportunities to discover their creative passions; and by working with the provinces and territories to ensure that the health care system is sustainable and delivers results for Canadians.

• Standing on guard for Canada by celebrating our heritage; by developing Canada’s extraordinary resource wealth in a way that protects the environment; and by continuing to stand for what is right on the world stage, including through our missions in Afghanistan and Libya.

• Supporting law-abiding Canadians by reintroducing comprehensive law-and-order legislation to combat crime and terrorism; by protecting the most vulnerable and working to prevent crime; by addressing the problem of violence against women and girls; and by reintroducing legislation to clarify and strengthen laws on self-defence, defence of property and citizen’s arrest.

• Helping communities and industries by ending the long-gun registry; by continuing to support Canada’s traditional industries; and by addressing the barriers to social and economic participation faced by many Aboriginal Canadians.

• Promoting integrity and accountability by reintroducing legislation to reform the Senate and restore fair representation in the House of Commons; by taking steps to phase out direct taxpayer subsidies to federal political parties; and by ensuring that citizens, the private sector and other partners have improved access to the workings of government.

Source: www.speech.gc.ca

Photo: Governor-General David Johnston reads the Speech from the Throne, 3 June 2011, from official television broadcast.

Mr Harper’s Conservative Party won a solid victory in the May 2^nd Canadian federal election, taking 166 ridings out of the 308 comprising the House of Commons. This was Canada’s fourth election in the last seven years, and the first majority government since the 2000 victory by then Liberal PM Jean Chretien. The only sour note for the Conservatives was its showing in the province of Québec, where support declined, and its total of elected MPs fell from 10 down to five.

The biggest losers

The biggest losers nationally were the Liberal Party and its leader Michael Ignatieff.  The Liberals, known for decades by commentators as “Canada’s naturally governing party”, were reduced to their all-time low, falling from 77 seats in the previous election down to 34. Mr Ignatieff resigned as leader on May 3^rd, quickly accepting a university teaching post. The Liberals appointed Bob Rae as their interim leader, but have not yet set their sights on any soul searching or long-term planning.

The other biggest losers were the Bloc Québécois and its leader Gilles Duceppe. The BQ runs candidates only in the province of Québec. For some 20 years, it had pushed for its pro-sovereignty agenda while maintaining at every possible occasion that Québec is a victim of the federal system. This time around, the province’s voters got tired of the old music, and dealt a crushing blow to the Bloc, reducing their seat total from 49 of the 75 ridings in Québec down to only four. Duceppe did come first in the resignation game, however, quitting as leader a good 12 hours earlier than did Mr Ignatieff. And at least from now on the Bloc will be able to economize by renting a car instead of a bus for parliamentary caucus functions.

The new official opposition

Jack Layton, leader of the New Democratic Party (NDP), presented a very strong election campaign calling on citizens to abandon Conservatives’ and Liberals’ “old policies”.  Although the NDP’s advertising spots did not shy from criticizing other parties, they tended to do so with a touch of humour compared with the nastiness of messages which ran for the other parties. Mr Layton campaigned following health setbacks (prostate cancer treatment) and recent hip surgery. Looking increasingly fit as the campaign wore on, the cane Mr Layton had to lean on heavily at the outset became more of a prop and underdog symbol by the end of the race.

No one would have expected when the election was called five weeks earlier that the NDP would come in second place, winning 103 ridings, compared with their 37 in the last Parliament. Even more stunning was that out of the 103 total, 59 new NDP MPs were elected in Québec, up from their previous total of one.

PM Harper and the art of Cabinet-making

Turning to the Cabinet, the new 39-member Conservative ministry is one of the largest in many years.

Its size has led to some criticism in of that many were expecting a smaller group of perhaps 22 or 24 members to show a lean approach to dealing with Canada’s debt and economic recovery in the years ahead.  Nevertheless, selection of a Cabinet is always a difficult task in Canada where the PM must try to balance the need to have strong and competent persons in charge of the various government departments against demands for representation along language, regional, ethnic and gender lines.

Mr Harper’s selection of ministers shows a well-crafted consideration of all these issues.  He has put together a balanced team with probably the highest level of representation of minority groups and new Canadians compared with any previous government.  In the case of Québec, Mr Harper showed respect for its voters by appointing to the Cabinet four of the five Conservative members elected in the province. It would have been a likely impossible task to reflect all of these interests and keep the Cabinet team down to 24 or so ministers.  This writer will therefore give the PM benefit of the doubt on the size of Cabinet issue.

Fear-mongering and the “secret agenda”

During the election campaign, it was alleged by BQ leader Duceppe and others that Mr Harper had a hidden right-wing agenda. On election night and thereafter, the Prime Minister took pains to reject this claim. He stated that his government would stick to its program, knowing well that Canadians would not react favourably to radical deviations from stated policies. As an important indicator of stability, Mr Harper kept several key posts the same: Peter MacKay at National Defence, Rob Nicolson at Justice, Vic Toews at Public Security, Jim Flaherty at Finance, Jason Kenney at Citizenship and Immigration, and Rona Ambrose at Public Works and Government Services . The main change sees John Baird promoted to Foreign Affairs necessitated by the electoral defeat of the well-respected Lawrence Cannon. Mr Baird was characterized by some opposition members and journalists as being somewhat partisan, so it will be interesting to see how he rates in Foreign Affairs a year or so from now.

What lies ahead?

A majority government should help engender stability. The new Official Opposition of Mr Layton’s left-leaning NDP should be an effective balance against the Conservative government. The government now has a golden opportunity to demonstrate its claimed expertise dealing with economic management as well as international and national political concerns.

The previous administration of Mr Harper had to deal with a minority situation in Parliament.  In some respects, his team appeared almost desperate to try to implement their ideas as fast as possible against the constant threat of possible removal from office. Now that according to law the next election will not take place until October 2015, the government will have the opportunity to breathe a little, think a little more deeply, and look at the larger picture. What we hope will come to pass will be a more comprehensive approach to law-making, rather than the piecemeal statecraft which seemed to characterize the last administration. Canada, and to some extent the world, would be the better for it.

Canadian election results

Photo credit: Trees spring to life in Ottawa framing Parliament’s Peace Tower. Photo © Stephen Fogarty

Curbing abuse of the system

Canadian Immigration wishes to target “abusers” of the Immigration system who use sponsorship as a means to scam their way into Canada.

First, the government wishes to prevent persons, who themselves have been sponsored to Canada, from sponsoring a new (second) spouse, common law or conjugal partner for a period of five years following the date the now new sponsor originally gained permanent residency, and this even if by that time the new sponsor has become a citizen.

Second, the government wants to create a new category of permanent residents. Persons who have been in their amorous relationship for two years or less and are sponsored to come to or remain in Canada as a spouse, common law or conjugal partner will have “conditional” permanent residency status for two years (or perhaps longer) after acceptance. If the new resident splits with their sponsor during the two years following acceptance, the new resident might face removal procedures where Immigration authorities determine that the relationship behind the sponsorship was not genuine.

Why is the Canadian government doing this? This is really an instance of a relatively small group of fraudsters spoiling it for the majority of person who have genuine relationships and want to bring their spouse here.

Sponsorship Bridge

Canada is trying to deal with an old Immigration game. Sometimes all three players are willing participants in the charade. Let’s call it “Sponsorship Bridge”. We mention Canada but this same game is played out in many countries around the world.

The game may have variations, but often looks like this. An individual, we will call “A”, is sponsored by their new spouse, we will call “B”, or even better “Bridge”, to come live in Canada. The paperwork goes through, and A arrives with permanent resident status to join Bridge. But after only a few months or maybe even weeks, A splits from Bridge. A seeks a divorce as soon as legally possible. To help avoid suspicion, A might throw in allegations of mistreatment. Once the divorce goes through, after waiting a while to make events seem natural, A will wed or otherwise make a show of establishing a recognized relationship with another person, we will call “C”. Then C is sponsored by A to come live with A in Canada.

However, A never had any intention of living with Bridge; in fact, C was A’s love interest all along. They kept their relationship low key. B really was nothing more than the Bridge to the new destination for both A and C.

Notice that since both A and C was sponsored, neither of them had to worry about having sufficient educational levels or job experience to qualify as skilled workers, for example. Eventually, A and C will be able to sponsor their own other family members to join them. They may all become happy citizens of their new country. Not a bad scam if you can get away with it.

As we have seen, B, our Bridge, is the key part of the puzzle.

In some cases, Bridge might be a cousin who is eager to promote the interests of his extended family. Or Bridge might be an acquaintance or a stranger who will receive monetary or other compensation for his assistance. (Remember the film “Green Card”?)

However, more often than not, Bridge is in complete good faith, actually in love, but in the love triangle, he or she ends up with a broken heart, and sometimes a lot more. That’s because in many countries, the Bridge or sponsor remains financially responsible for the new resident (A) for a period of time even after the split. I have seen some pretty painful situations when A has split after a few months and is basically laughing in B’s face, but B has to keep paying for A’s upkeep for three years after her arrival.

Concerns with the proposed sponsorship changes

Some women’s and immigrant rights groups have warned that the proposed new rules amount to discrimination. Why should people be prevented from sponsoring a new spouse for five years when their first marriage really did have problems? In addition, they argue the new rules will create a legal trap for A (usually women) who come to Canada in good faith, but face abuse from sponsor B and/or his family members in Canada.  Such women will be afraid to leave the abusive relationship for fear of being removed from Canada because of the two-year conditional residence rule.

The government has promised to create a “process for allowing bona fide spouses and partners in such [abusive] situations to come forward without facing enforcement action…”

That is a rather vague reassurance. Hopefully there will be clear guidelines and special training for officers deciding such files. For example, it takes courage to leave any abusive relationship, especially when the victim may be from a culture wherein men’s actions are never questioned by women, and/or spousal abuse is the norm. As a bare minimum, the government should ensure that such matters are handled at the screening level by Immigration officers, and not deportation teams of the Canada Border Services Agency.

Curbing violence

The government is also proposing to enlarge the circumstances according to which persons will not be eligible to sponsor any family member, not just spouses, for a period of five years following completion of their sentence for certain criminal offences.

For the most part, these proposed changes have been met with approval. After all, if an individual has been found guilty of violent crimes, we as a society want some reassurances that they will not inflict violent acts upon persons they bring to Canada.

This Blog has been written just prior to the Canadian federal election of May 2nd, 2011. Depending on the results thereof, the proposed changes may not all become law or may be modified prior to their adoption.

Credits

The official Canadian government announcements for the changes referred to may be found at the following links:

Five-year rule: http://www.gazette.gc.ca/rp-pr/p1/2011/2011-04-02/html/reg3-eng.html

Two-year rule: http://canadagazette.gc.ca/rp-pr/p1/2011/2011-03-26/html/notice-avis-eng.html

Curbing violence: http://www.gazette.gc.ca/rp-pr/p1/2011/2011-04-02/html/reg2-eng.html

Photo by Patcard, Wikimedia Commons, “Air Canada Boeing 777-333ER just about to touch down at Montreal Pierre Elliot Trudeau International Airport … arriving from Paris”

Manners distinguish different cultural groups, allowing them a social identity. They are used both to give respect and to gain respect, and earn individuals the title of  ‘lady’ or ‘gentleman’. Civilization is entirely reliant on manners, yet with modern society’s negligence of these protocols, we are left in danger of a social collapse. Humankind’s dependence on propriety can be confirmed with three facts; manners fuel relationships, keep society safe, and permit the existence of laws.

Consideration is the foundation of relationships. Whether they are amorous, loving, or business relationships, all healthy social liaisons are sparked by the tip of a hat or a respectful greeting. One could argue that it is getting to know another’s true self that permits relationships; but the reality is that no one wishes to be connected to someone who shows no courtesy to those around them. Furthermore, this lack of class is never received in a positive way.

As Henry Ward Beecher once said, “Clothes and manners do not make the man; but when he is made, they greatly improve his appearance.” Beecher understood that women are attracted to men who show respect towards the opposite sex, because it results in a trusting and secure relationship. Business kinship works in a similar way; someone who exhibits no civility to others is not a desired employee, boss, or business partner. Manners are what hold relationships together, and without them, people are distanced from each other, breaking apart communities and society.

People are kept safe by the presence of common courtesy. Through the manners that we are taught as children, we learn to consider the needs of others before our own, which is an important factor in keeping people safe. An example of modern day society’s dismissal of these manners can be seen on roads and is shown by drivers every day. With humanity’s constant rush to attain their goals, people tend to forget the needs of others, and are rude to each other while driving. This conduct has resulted in something known as ‘road rage’, which has earned its own webpage on Wikipedia, where it is described to be, “aggressive or angry behaviour by a driver of an automobile or other motor vehicle.” Road rage has been proven to lead to accidents while driving, causing injuries and even death. This lack of respect that people show towards each other not only illustrates how dangerous said lack of manners can be, but how important manners are in order to keep society safe.

Rules demand respect, and are only of use when they are being followed. When regulations are followed, it means that they are respected. This respect is a form
of politesse that is required in order for rules to be in any way effective.

To quote Edmund Burke, “Manners are of more importance than laws. Upon them, in a great measure, the laws depend.”  I completely agree with Burke; regulations can only be established in a society in which manners are present, because without them, laws are useless. Some people may believe that rules are what create manners, but if there is no courtesy or respect among people before policies are put in place, then there is no way for these policies to be followed, rendering them redundant. Without rules comes anarchy, which completely defies the definition of the word ‘society’ in its rawest form.

In conclusion, manners are vital to the existence of any given civilization. Whether it is promoting harmonious relationships, keeping a civilization’s members safe, or permitting the rules of a society to function, respect and courtesy are the foundation of  humanity as a whole. Modern day society’s dismissal of manners is constantly reminding us of the frighteningly possible consequences of our actions. Our lack of appropriate conduct is leading us down the wrong  road, one that will consequently result in the downfall of civilization. What we must focus on is making sure that this corruption does not occur.  How can this be achieved?  One by one, through the exhibition of proper behaviour, and by preaching to the upcoming generations the fact that manners really do matter.

Canada is well into our federal election campaign, which came about after the opposition parties united to adopt a motion of “non-confidence” against the minority Conservative Party government of Prime Minister Stephen Harper.  Voting takes place on the 2^nd of May 2011.

Canada follows the British model of parliamentary democracy.  Thus we do not get to vote directly for Mr Harper, Liberal leader Michael Ignatieff or NDP chief Jack Layton unless we happen to live in their particular riding.  Citizens may vote for the official local party candidate of our choice for Member of Parliament (MP) to the House of Commons.  The party winning the most number of ridings or “seats” in the House (regardless of total national popular vote) has the opportunity to form a government.

Jason Kenney: a very active Minister

The Honourable Jason Kenney was named Canada’s Minister of Citizenship and Immigration at the end of October 2008.  He has been by far the most active minister ever seen by this blogger in my 25 years of legal practice.

Consider this illustration. When changes are made to immigration law, policies or practices, these are published online in official “Operational Bulletins”, or “OBs”.

Canada’s current immigration legislation, the Immigration and Refugee Protection Act (or IRPA), came into force at the end of June 2002.  During the first six years and four months of its operation under Liberal then Conservative ministers, a total of 89 OBs were published. That seems like a lot, but on average there were under 1.2 OBs published per month.

But during the 29 months since Mr Kenney has been Minister, another 200 OBs have been issued.  That’s an average of almost 6.9 new OBs per month, a huge increase to the pace of change.

Is the train going too fast?

Changes during Mr Kenney’s tenure have covered virtually every aspect of Immigration law, including refugee procedures and appeals, student permits, work permits, sponsorship, skilled workers, investors, cracking down on so-called “ghost” consultants, and some changes to the Citizenship Act.  Mr Kenney has shown a somewhat abraisive side on some issues, though he gained positive recognition in the legal community for his willingness to consider and negotiate changes to the original version of the refugee reform bill before its final adoption by Parliament.  It is obvious that he is very committed to reforming Canadian Immigration and Citizenship law.

Although it must be admitted that a number of the changes made were welcome, there is something to be said with a slower approach so that professionals and clients alike have a more stable environment in which act.  The rapidity of the changes is such that immigration lawyers are having a tough time keeping up, let alone private individuals attempting to make decisions on their future and undertake their own applications (never a good idea).

In addition, Canada is competing for the “best and brightest” of candidates internationally, and if there is an impression of confusion or uncertainlty, we risk losing strong candidates for immigration to other countries.

A current questionable practice is that the department keeps announcing even more changes to the rules while the election campaign is ongoing.  In my view, elections are the time to propose new policies, not to change the rules.  Changes to the law should be put on hold until a new government has been elected with a fresh mandate, even if it happens to be the same party returned to office.

Campaigning

While Immigration changes are being announced on official government websites, which most members of the public do not visit, ominous campaign ads aired by the Conservative Party are portraying refugee-laden ships coming to our shores with the message that only the present government can control illegal migrants.  One has to think this is not the best way to promote rational debate.  Meanwhile, the Liberals are portraying themselves as the party of openness and “shared values”, but history shows that questionable administrative practices did sometimes take place during Liberal governments.  As well, the Liberals had promised a refugee appeal mechanism for many years, but it was only under Mr Kenney that this idea is becoming a reality.

What’s in store after the election?

We will know on the night of May 2^nd if Canada re-elects the Conservative Party or the opposition Liberals have the most seats.  (Despite the very skilful leadership of Mr Jack Layton, all but the most fanatic NDP members recognize that that party has no chance to form a government.  And the Bloc Quebecois party only runs candidates in Quebec province.)

Even if Mr Harper were to continue in office, he is not obliged to reappoint Mr Kenney to the cabinet, or to the same position.  Prime Ministers often use an election as an opportunity to change cabinet members for a fresh start to their next administration.

Given his track record, if Mr Kenney does continue as Immigration Minister, we are likely to see more changes.  If this does happen, let us hope that he will slow down the process of reform a little, so that there is more time for reflection on and then absorption of the changes.  Perhaps if Mr Harper’s dream of a Conservative Party majority government comes to fruition, Mr Kenney (or his replacement) will not feel the need to hurry with reforms.  A majority government would be in power for up to five years before the next election, and would not have the constant worry of facing possible “non-confidence” votes and defeat in the House.

For up to date comments on the Canadian election, immigration and citizenship law, as well as the arts in Canada, follow Stephen Fogarty on Twitter.

Under the Canadian immigration system, a person who qualifies for and is accepted under the Immigrant Investor route automatically becomes a Permanent Resident of Canada. Other than maintaining residency requirements applicable to all Permanent Residents, no conditions are attached. The immediate family of the Investor obtains Permanent Resident status at the same time. The program has proved very popular over the years and significant benefit to Canada has resulted from the investments made by the approved candidates.

Changes to the Canadian Immigrant Investor program

On June 26, 2010, Canada’s Immigration Minister, Hon. Jason Kenney, announced major changes. The amount necessary to qualify under Canada’s Immigrant Investor program was doubling to a personal net worth of CAD $ 1.6 million, while the investment which would have to be made to finalize an individual’s acceptance was doubling to CAD $ 800,000. Since that date, no new applications have been accepted under the Immigrant Investor program while the federal Immigration ministry has been working on new rules and policies to implement the changes.

The weeks following Mr. Kenney’s announcement were a veritable bonanza for the Quebec government’s Immigrant Investor program which continued receiving applications under the older, less-stringent criteria.

Quebec follows suit

Now it is Quebec’s turn to make changes. The Quebec legal and banking communities were caught off guard on Tuesday, October 12, 2010, when the Quebec Immigration authorities announced a moratorium on accepting new applications under the old rules for Quebec’s Immigrant Investor program. The moratorium took effect the next day, October 13^th.

The moratorium had been expected but professionals in the field were anticipating a warning period. It is difficult to estimate numbers but there were likely hundreds and perhaps thousands of Investor applications in various stages of preparation for submission to the Quebec authorities which were left hanging.

Under the accord between the governments of Canada and Quebec, the province of Quebec has the power to select immigrants for settlement in that province. The accord provides also that the investor programs under both jurisdictions should be harmonized as to their general standards and practices.

In the past, the general principle of harmonization of the two programs has not resulted in Quebec’s program being a virtual clone of the Canadian one. There have been some differences in administration as well as in finer points regarding determination of an individual’s acceptance. So in some cases, a legal advisor might have counselled a client to choose one program over another. Another factor was the processing delay which has frequently been faster under the Quebec Immigrant Investor program.

Still waiting for details

It has been nearly four months since Minister Kenney’s announcement last June and we still do not know when the Canadian government intends to implement its new Immigrant Investor program. Nor do we have a complete picture of the new rules. Quebec really had no choice but to stop accepting applications due to its legal requirement of harmonization with the federal scheme as well as practical issues, including that the increased volume of Investor applications over the last few months was going to endanger Quebec’s efforts at rapid processing of such files.

No one likes uncertainty, least of all businesspersons. We hope that the Canadian and Quebec authorities will work efficiently to finalize the details of their new Immigrant Investor programs. In our July 14^th blog we commented that the wisdom behind the decision to double the qualification and investment amounts to $ 1.6 M and $ 800,000 respectively was difficult to understand given the world economic outlook. That outlook has not changed measurably for the better in recent months.

If Canada and Quebec are unable to put their new program into place quickly and couple it with a solid marketing plan, literally thousands of potential investor clients may opt for immigration to other countries. Such savvy and experienced businesspersons will not wait for Canada forever. The longer the delays in finalizing the Immigrant Investor programs, the more likely that Canada and Quebec’s reputations in immigration matters will be tarnished by this uncertainty. This is not the type of atmosphere conducive to attracting the immigration essential for Canada’s continuing economic development.

Our experience is that many permanent residents of Canada do not spend the necessary time and effort when applying to renew their PR Card.  In fact, there are many possible negative consequences that can result from this process.  PR Card renewal is very important business which must not be taken lightheartedly.

What is a PR Card?  Individuals who become permanent residents of Canada normally are issued a PR Card within approximately one month after arrival in Canada. A PR Card is a plastic identification document which contains the individual’s name, the date he or she became a permanent resident of Canada, his or her photograph, and additional information embedded electronically into it. In most cases, according to law Canadian permanent residents who travel outside the country must have a valid PR Card to return to Canada by commercial carrier, such as an airline. It also serves as a solid personal identity document when dealing with schools, financial institutions, and for many other situations.

Possible consequences flowing from PR Card renewal applications

The first important point to keep in mind is that Canadian immigration officials use information provided in a PR Card renewal application to do much more than decide whether to grant a new card. This is because under Canadian Immigration rules, a permanent resident is supposed to be present in Canada for at least two years during any five-year assessment period unless he or she is absent in accordance with strict criteria. Put simply, an individual may be outside Canada for more than two years in any five-year period if he or she has worked full-time for a Canadian business or government, if the individual was in the company of a Canadian citizen or permanent resident, the latter being legally outside Canada according to the rules, or for humanitarian or compassionate reasons.

If it is discovered during evaluation of a PR Card renewal application that the individual has not satisfied residency requirements, a removal order will be issued and the only way to contest such a decision will be through an appeal at the Immigration and Refugee Board of Canada (IRB). However such an appeal is a lengthy process. As at the date of this blog, an appeal procedure may take anywhere from 18 months up to two years or even longer, during which entire period the individual’s status remains far from in certain.  In addition, such an appeal can be very complicated since it will likely involve interpretation of the legal rules as they apply to the facts of the case. An individual will most likely need professional legal counsel to take on such an appeal.

The second major point to keep in mind is that in order for a person to become a citizen of Canada, he or she must be absolutely sure to maintain valid permanent resident status at all times. In this regard, it is crucial to emphasize the Canadian citizenship commission will not finalize any application for citizenship during any period of time when an applicant’s permanent residency status has been placed in doubt.

A third important point is that there is currently a backlog of some seven months from the time the government processing office receives a PR Card renewal application until that office begins to study the individual’s application.  Once the application is reviewed, if it is accepted the permanent resident will be contacted approximately one to two months thereafter to meet with an immigration officer to pick up his or her new PR Card.  However, if the PR Card renewal application is not complete (missing necessary supporting documents, incorrectly or incompletely answered questions), it is highly likely that the entire application will be returned to the applicant. This is likely to entail an additional delay of at least 7 to 8 more months.

Be smart: seek legal counsel for your PR Card renewal

Although the government instructions for PR Card renewals are fairly detailed, we find that applicants quite often misunderstand the instructions, or do not supply enough supporting documents or explanations to establish their days in Canada, the number of days they have spent outside the country, and the reasons why they may have been outside of Canada.

Considering what we have discussed above, it is very strongly advised that, as a bare minimum, a permanent resident should engage professional legal assistance. This should be done prior to submission of the PR Card renewal application to the government. A competent immigration lawyer can guide an individual to ensure that any and all relevant materials are placed before the PR Card renewal processing officer, as well as organizing these documents and providing full legal submissions to back up the applicant’s position that he or she was in fact respecting the residency requirements.

Permanent resident outside of Canada with an expired PR Card

Due to the fact that permanent residents may have business or personal reasons obligating them to be outside Canada, many thousands of them will find themselves abroad with expired PR Cards.

There is a widespread misconception among many persons that a Canadian consulate or embassy outside Canada will automatically provide a travel document for an individual to return to Canada in absence of a valid PR Card.  This is far from the truth.  In fact, Canadian government policy and regulations require an individual who is a permanent resident to prove that he or she has maintained permanent residency status despite being outside Canada in order to be granted the necessary travel document to return to Canada. Once back in Canada, the individual will then apply to renew their PR Card.

Similar to the situation of an individual in Canada, a person who is outside of Canada and who fails to satisfy an embassy official that he or she has in fact maintained permanent residency status will receive a refusal of the travel document request, along with a determination of loss of permanent residency status.  The only recourse against such a finding is an appeal at the IRB.  In addition, if the individual has been outside of Canada for at least 365 days predating the determination made by the embassy, the individual will not be permitted to return to Canada to fight his or her case at the IRB unless special permission is obtained from the IRB itself. Such special permission is not easy to get.

As was the case regarding submission of the application for a new PR Card, it is strongly advised that a person requesting a travel document from a Canadian embassy, high commission or consulate seek legal counsel before doing so.

Fogarty Law Firm provides full legal assistance

Fogarty Law Firm is ready to provide full professional legal services and support for any PR Card renewal application from anywhere in Canada, or for any application requesting a travel document at a Canadian embassy, high commission or consulate throughout the world. In addition, we have highly experienced legal counsel should you wish to contest a negative ruling on your permanent residency status whether at an IRB appeal or even ultimately at the Federal Court of Canada. Please contact us for assistance.

Similarly, if you have a family and are considering leaving your home country on a temporary or permanent basis, you would be well advised to take into account all the advantages Canada has to offer on the education.

Let us point out some important facts to help you make an informed decision.

Canadian universities:  high international rankings

Canada has many fine universities, colleges and secondary schools across the country.

Did you know that there are approximately 9,600 universities worldwide? If you comb the Internet you will find numerous university ranking systems.  Among these, the QS World University Rankings (QS) is often cited as being complete and reliable.

In the most recently published rankings (September 2010), Canada was recognized with having 10 out of the elite top 200 of the world’s universities. This is an impressive accomplishment, considering that Canada’s population only numbers some 34 million persons.

McGill University, located in Montreal, Quebec, ranks as Canada’s best institution and number 19 overall among the 200 top universities rated worldwide. The QS uses many factors to arrive at its ratings, such as reputation, research, comprehensiveness of programs, academic standards, quality and diversity of the students, among others.

The 10 Canadian universities which placed in the elite top 200 worldwide are shown below according to their ranking in the QS report:

19. McGill University, Montreal, Quebec
29. University of Toronto, Toronto, Ontario
44. University of British Columbia, Vancouver, British Columbia
78. University of Alberta, Edmonton, Alberta
132. Queen’s University, Kingston, Ontario
136. Université de Montréal, Montreal, Quebec
145. University of Waterloo, Kitchener-Waterloo, Ontario
162. McMaster University, Hamilton, Ontario
164. University of Western Ontario, London, Ontario
165. University of Calgary, Calgary, Alberta.

(Source: http://www.topuniversities.com/university-rankings/world-university-rankings/2010/results)

Canadian universities:  reasonable tuition

On the financial side, Canadian college and university tuition costs are usually far more reasonable than those at US schools, even with the premium charged for international students. In fact, even as a foreign student, you may save 50% or more by choosing a Canadian institution, depending on your program of studies.

When you add in the comparatively reasonable cost of living in Canada, your savings can well amount to many thousands of dollars every year of your program.

What if you want to move your family to Canada on a permanent basis? Then it is even more advantageous for you. If you and your family members are accepted as permanent residents, your children’s fees will be assessed at the same rate as Canadian citizens, rather than as international or foreign students. In such a case, the tuition fees can run 6, 7, 8 or even 10 times less expensive than those charged by comparable American colleges and universities for many programs.

Whether you are a student or head of a family, you owe it to yourself financially to give Canada very serious consideration when choosing your program and place of study.

From study permit status to permanent residency

From the point of view of a student coming to Canada on his or her own, taking your college or university training in Canada offers many advantages. First of all, depending on your program of studies, once you graduate you will be entitled to apply for an open work permit so you can work legally in Canada for up to three years after graduation. Second, during this time period, and again depending on your circumstances, you may be eligible to apply for permanent resident status without having to leave Canada. Third, eventually you could become eligible to apply for Canadian citizenship.

A final word

It is important to note that to study legally in Canada, foreign students must obtain a Study Permit from the government of Canada, and, if you want to study in the province of Quebec, a Quebec Certificate of Acceptance for studies.

Fogarty Law Firm is ready to provide full, professional assistance for any issue relating to studying in Canada, obtaining a work permit, applying for permanent residency, and becoming a citizen. You are welcome to Contact us.

If you are interested in classical music, the city of Montreal is without a doubt one of its leading centres the world over.

The classical music scene is so vibrant in Montreal that on a typical Sunday afternoon during the autumn, for example, you may well have eight or ten or even more high-level concerts being performed around the city. It is our pleasure to share with you some of Montreal’s classical music treasures.

Symphony orchestras

At the top of our classical music pyramid is the world-famous Montreal Symphony Orchestra, known officially by its French name l’Orchestre symphonique de Montréal (OSM). The Montreal Symphony has had among its resident conductors such famous musicians as Otto Klemperer, Igor Markevitch and Zubin Mehta. During the 24-year leadership of Charles Dutoit, the OSM recorded many award winning CDs and toured the world to critical acclaim. Following Dutoit’s abrupt departure in 2002 due to a spat with certain members of the musicians union, the orchestra fell on some difficult times with no one steady hand to guide it.

Enter its current music director, Maestro Kent Nagano, who began his tenure in 2006 and whose contract was just extended until 2014. Under Nagano’s precise and intelligent leadership, the OSM has recaptured its artistic excellence, recorded several CDs earning warm reviews, and toured in Canada, the United States and Europe. He is hugely popular with Montreal audiences, selling out virtually every concert conducted by him. Maestro Nagano’s schedule includes many international guest appearances as well as his post as General Music Director of the Bayerische Staatsoper in Munich.

This is the last season for the OSM in Salle Wilfred Pelletier, a general-purpose theatre built in the early 1960s. Montreal’s classical music fans are eagerly waiting for their new 1,900 seat concert hall scheduled to open during September 2011, known for now as l’Adresse Symphonique. (See image at left.) Musicians of the OSM and their public will at last be able to enjoy concerts performed in a venue whose acoustics have been designed for classical music and this according to the highest specifications possible in the world today. As Kent Nagano so aptly states, this new venue serves as “proof of audacious vision, special energy and hope which reign throughout the city of Montreal.”

Montreal’s other professional symphony orchestra is the Orchestre Métropolitain, led by the Montreal-born international sensation Yannick Nézet-Séguin. Under his leadership, the OM has also recorded several symphonic works to high acclaim. Mr. Nézet-Séguin also acts as music director of the Rotterdam Philharmonic, and is the music director designate of the Philadelphia Orchestra.

The high esteem in which both Maestros Kent Nagano and Yannick Nézet-Séguin are held around the classical music world is evidenced by the fact that the well-known UK magazine Gramophone recently named both of them among the 10 finalists for its prestigious musician of the year award.

Music education

Persons interested in studying music have a virtual gold mine in Montreal.

The summit of Montreal’s vibrant music education scene is the world-famous Schulich School of Music of McGill University.  The McGill music school boasts many members of the Montreal Symphony among its classical music faculty, as well as renowned soloists and chamber musicians.  McGill’s music school also offers programs in the fields of opera and voice, jazz, music technology, and research on the effects of music on the brain. One of the world’s foremost recording studios is located at McGill, used by the OSM for its CDs.

Other top-notch music teaching institutions Montreal include the music faculty at the University of Montreal, the Montreal campus of the Quebec Conservatoire de musique et d’art dramatique, as well as the music programs at the junior colleges (Cegeps) Marianopolis and Vanier.

Many concerts are offered throughout the academic year at these institutions by their excellent student musicians whether as symphonies, chamber groupings, or soloists. Admission is usually reasonably priced and often free of charge.

With all the music schools in Montreal, it is easy to find music teachers for private lessons. For example, individuals who do not wish to pursue a degree in music have recourse to the McGill Conservatory which offers the opportunity for adults and children alike to improve their musical theory and playing skills through high-level teaching.

Opera

Opera fans are well served in Montreal. The Opera de Montreal will be presenting five different operatic works during its upcoming season.  Those who prefer lighter fare have the option of enjoying productions by the McGill Savoy Society as well as by the Montreal West Operatic Society.

Chamber music

Montreal has a thriving chamber music scene.  The longest standing chamber group is the McGill Chamber Orchestra, whose Maestro Boris Brott is leading the ensemble into its 71^st season.  Montreal also lays claim to the fine chamber orchestras I Musici de Montreal, led by Yuli Turovsky, les Violins du Roy, which divides its main schedule between Quebec City and Montreal and is led by Bernard Labadie, as well Angèle Dubeau and her all-female group La Pietà. There are also several fine amateur chamber groups in Montreal including the Lakeshore Chamber Orchestra.

Organizations promoting concerts by chamber music orchestras, quartets and soloists from September through to early May include the venerable Ladies’ Morning Musical Club, presenting its 119^th season of concerts, and Pro Musica.  During late May the Montreal Chamber Music Festival attracts many international artists. Then in June, there is the Montreal Baroque Festival. The McGill International String Quartet Academy runs for 10 days starting mid-August at the Schulich School of Music. In addition to private lessons for students registered in the Academy, free public events include several master classes and concerts performed by accomplished quartets featuring young musicians from around the world. Then from late November to early December each year the Bach Festival takes place.

To the countryside

Classical music spreads out from Montreal proper into the countryside during the summer. Starting early July to early August, the town of Joliette just northeast of Montreal is home to the Lanaudière Festival, which features the OSM, the OM, visiting orchestras, chamber groups and soloists, with many performances held outdoors at its beautiful amphitheatre. Around mid-August, the town of Orford, located in the picturesque Eastern townships, boasts its music school and festival, including the OSM, music tutorials by renowned musicians, and performances by the New Orford Quartet, among others.

Publications, radio

Montreal boasts a bilingual publication dedicated to classical music called La Scena Musicale. You might also wish to read background articles and concert reviews by Arthur Kaptainis in the Montreal Gazette newspaper. And why not give a listen to our all-classical music radio station CJPX?

Conclusion

We trust you will agree that Montreal offers a vibrant classical music culture unsurpassed by any other city. We are happy to provide the following links to the organizations, events and other sources in the order mentioned in this blog so you may learn more about the great city that is Montreal. See you at the concert!

Links:

Symphony orchestras

• http://www.osm.ca/en/index.cfm
• http://www.adressesymphonique.gouv.qc.ca/en/home
• http://www.orchestremetropolitain.com/
• http://www.readings.com.au/news/gramophone-artists-of-the-year-finalists-announced

Music education

• http://www.mcgill.ca/music/
• http://www.musique.umontreal.ca/English/version_anglaise.html
• http://www.conservatoire.gouv.qc.ca/english/
• http://www.marianopolis.edu/AC/programs/Music/index.php
• http://www.vaniercollege.qc.ca/music/
• http://www.mcgill.ca/conservatory/

Opera

• http://www.operademontreal.com/en/
• http://www.mcgillsavoy.ca/
• http://www.mwos.org/

Chamber music: orchestras

• http://www.ocm-mco.org/index_en.php
• http://www.imusici.com/en/index.php
• http://www.violonsduroy.com/en
• http://www.angeledubeau.com/
• http://www.lakeshorechamberorchestra.ca/home.html

Chamber music: impresarios and festivals

• http://www.lmmc.ca/en/index.php
• http://www.promusica.qc.ca/index_a.html
• http://www.festivalmontreal.org/home/homeE.html
• http://www.montrealbaroque.com/en/
• http://misqa.com/
• http://www.bach-academie-montreal.com/display/en2008/Home

Summer countryside festivals

• http://www.lanaudiere.org/en/
• http://www.arts-orford.org/sgc/home/pid/1010

Publications, Radio

• http://www.scena.org/
• http://www.montrealgazette.com/search/search.html?q=arthur+kaptainis
• http://www.cjpx.ca/cjpx/index.php

Photo credits

• Violin: Stephen J. Fogarty
• L’adresse symphonique: Government of Quebec