Brad Pit is a citizen of France. He is 56 years old. He came to Canada with his parents and became a permanent resident of Canada when he was 10 years old. He has lived in Hollywood, British Columbia ever since. However, he never applied for Canadian citizenship. Brad has 6 Canadian-born children with his ex-spouse Angellina, with whom he has shared custody. Brad has worked in the movie industry since he was 16 years old and lately, he has been working between 50 and 60 hours per week. He makes approximately $150,000 per year. He owns his own home in Hollywood, BC and he has a cabin in Whistler. Before he got divorced in 2015, Brad began smoking marijuana and experimenting with other drugs. He also began heavily abusing alcohol. In June 2009, Brad travelled to the Bahamas for a vacation with his wife. During this visit, Brad was charged with aggravated assault (which is equivalent to the Canadian offence under s. 268(1) of the Criminal Code of Canada, punishable by a maximum of 14 years' imprisonment).

He was drinking at a bar when a young man working there began to flirt with Brad's wife. Brad pushed the employee to the ground and then punched him repeatedly before his wife could stop him. Brad was arrested by police but released on bail. He left the Bahamas before his trial and he has not returned since. The criminal charges are still outstanding. A warrant was issued by the Bahamas authorities for Brad's arrest after he failed to appear for his court dates. The Bahamas authorities do not know where Brad is. In April 2017, Brad was out drinking at a local bar in Hollywood, British Columbia. He was heavily intoxicated when he left the bar and on his way home, he got into a fight while stopping to get one last drink. He was refused service, so he punched the bartender, breaking his jaw. He was arrested and charged with assault causing bodily harm, contrary to s. 267(b) of the Criminal Code. Assault causing bodily harm carries a maximum term of imprisonment of 10 years and is a hybrid offence. Brad plead guilty. He was sentenced to 30 days in jail and 12 months of probation. In June 2018, an old friend of Brad's father, Sean Connery, came to Vancouver to visit Brad. He asked Brad if he wanted to help refugees. All he had to do was meet a few families from Mexico who were in the United States at the border and assist them to cross into Canada so they could make refugee claims. Brad agreed. He picked up three families in an open field near the Canada/US border. The car was stopped by police and Brad was charged with human smuggling, contrary to s. 117 of the Immigration and Refugee Protection Act (IRPA). The charges against Brad were stayed after he provided information to the police about Sean, who was then charged and convicted under s. 117 of IRPA. Brad tried to stop drinking alcohol around this time, but he quickly relapsed. In June 2019, Brad was arrested by police with cocaine in his possession. He was charged with possession of cocaine contrary to s. 4(2) of the Controlled Drugs and Substances Act, which carries a maximum sentence of 7 years' imprisonment and is a hybrid offence. Brad failed to appear for a court date and was arrested by police again. After this, Brad failed to report to his probation officer multiple times. He was again arrested by police in August 2019 after he showed up at his ex-wife's home and caused a drunken disturbance when she would not let him inside. He was charged with breaching his probation, which is a hybrid offence liable for imprisonment for a term of not more than 4 years. He pleaded guilty to this and the prior possession offence, and was sentenced to a 3-month conditional sentence order and 12 months of probation for both offences. When he sobered up, he was incredibly embarrassed about all of this. Angellina told Brad she would apply for full custody of their children if he did not stop using drugs and alcohol. Brad was terrified of losing his children. He quit drinking and drugs that day and he has not had any alcohol or used drugs since. He now attends Alcohol Anonymous every week and meets with a private counsellor once a month to support his efforts to remain sober.

Brad has many friends in the community, and he is a very dedicated and caring father. He spends as much time with his children as possible, and they are very close. He helps them with their homework, takes them to sporting activities, takes them camping, and spends 2 weeks out of each month with them. Brad does not have any remaining family members living in France that he knows of. He has only been back to visit twice since he moved to Canada, and he doesn't speak French anymore. In May 2020, the CBSA issued a s. 44 report against Brad under s. 36(1)(a) of IRPA for having been convicted of an offence in Canada punishable by a maximum term of imprisonment of 10 years or more. CBSA referred the report to the Immigration Division for an inadmissibility hearing. Brad missed the hearing date and so in July 2020, CBSA arrested him. The Immigration Division then scheduled an admissibility hearing and a 48- hour detention review. Brad remains in detention. The CBSA has asked Brad to complete a passport application for France in anticipation of his removal to that country. Brad completed the application and complied with all other requests made by the CBSA/Minister. Angellina does not want the father of her children to remain in detention. She can raise $10,000 to pay as a deposit to try to get him released if required. Brad has called you for advice and assistance with his immigration problems.

(1) Please identify (1) one ground under which Brad could have been arrested by a CBSA officer, and the relevant section of IRPA and/or the Regulations that set out this power. After he has been arrested, (2) please explain what CBSA must do if they would like to keep him detained, and identify the relevant section of IRPA and/or the Regulations.

Assume the Immigration Division finds Brad is inadmissible to Canada for serious criminality under s. 36(1)(a) of IRPA and issues a deportation order against him. The next issue the Immigration Division will consider is whether Brad should be released from detention.

(2) Please identify one ground under which the Minister can argue the Immigration Division should continue to detain Brad, and the relevant section of IRPA and/or the Regulations that sets out this ground for detention. (2 marks) Please also identify two specific arguments the Minister can make based on IRPA and/or Regulations to support their position that Brad should be detained under only the ground you identified. Explain your answer by providing a complete information. Identify the relevant sections of IRPA and/or Regulations for each of the two arguments you raise.

(3) Assume the Immigration Division Member has now determined that there is a basis for detention under the ground you identified above. Identify three specific arguments you would make to argue that the Member should nonetheless order Brad's release, even though the Member has found that there is a basis for detention, based on other factors that are identified as relevant under IRPA and/or Regulations. Do not consider any other ground of detention. Explain your answer by providing a complete information. Please also identify the relevant sections of IRPA and/or Regulations that support each of the three arguments you raise.

(4) Does Brad have access to an appeal before the Immigration Appeal Division if he is found inadmissible for serious criminality and issued a deportation order on that basis alone? Please explain why or why not, and identify the specific relevant sections/provisions of IRPA and/or Regulations.

(5) Assume that Brad has the right to appeal the removal order to the IAD and that the appeal is based on humanitarian and compassionate grounds. Please identify four relevant factors for a humanitarian and compassionate argument, and make an argument on each for the four factors identified in support of allowing the appeal. Explain your answer by providing a complete information. Also Identify under which ground the IAD can allow the appeal, with the specific relevant section/provision of IRPA and/or Regulations.