Case Study 2: Prohibitions and Special Cases

Overview

For this assignment you are required to demonstrate your own residency calculations and how they were reached. You may use the IRCC online physical presence calculator to verify your answers and practice using the tool. However, your assignment will need to demonstrate the reasoning behind the calculations.

In so doing, you may also use a regular calculator and a date calculator such as: Date Duration Calculator: Days Between Dates (timeanddate.com)

This assignment has three distinct questions: one physical-presence calculation; an analysis of potential domestic criminality implications; and an email to a potential client that outlines the steps you would take to assist them.

CASE STUDY

You are retained to represent Sanna with respect to her application for citizenship. Sanna first came to Canada from Finland as a visitor on May 7, 2019 to visit her aunt who lives in Winnipeg. While visiting, she fell in love with Canadian culture and extended her stay. Eventually she decided to complete one year program at the University of Manitoba where many of the friends she met attended. Sanna was issued a study permit on March 21, 2020 and began her studies shortly thereafter.

After graduating, Sanna applied for a post-graduate work permit (PGWP) and also applied for permanent residence (PR) under the Express Entry program, through which she became a PR on August 11, 2021.

Over the last few years, she has become successfully settled and works for a tech start-up in Winnipeg. Most recently, she applied to IRCC for citizenship on July 5, 2024. She notes her absences from Canada since arriving are as follows:

• August 27, 2020 to September 10, 2020 - Finland - Visit Family
• November 6, 2021 to November 16, 2021 - United States - Tourist
• June 28, 2023 to July 21, 2023 - Finland - Visit Family

For this assignment you are required to demonstrate your own residency calculations and how they were reached. You may use the IRCC online physical presence calculator to verify your answers and practice using the tool. However, your assignment will need to demonstrate the reasoning behind the calculations.

In so doing, you may also use a regular calculator and a date calculator such as Date Duration Calculator: Days Between Dates (timeanddate.com)

Please note that you will not be penalized if your calculation is off by 1-2 days.

Question 1

Based on the foregoing, does Sanna meet the physical presence requirements? Please outline your calculations and how you reached your answer.

Question 2

As you continue to speak with Sanna, she reveals that before she applied for citizenship, she was convicted of a criminal offence in June 2023, after she accidentally failed to pay for an item when exiting Sephora at Polo Park mall in Winnipeg. Sanna does not know exactly which provision of the Criminal Code she was convicted under or what sentence or disposition she received. She is wondering how this may affect her application for citizenship and what information she should request from her criminal counsel.

1. 1. What information would you provide Sanna regarding the possible effects the conviction may have on her application for citizenship?

Importantly, in providing your answer, please account for any information you do not have but would need from her criminal counsel and provide alternative answers for as many possible criminal dispositions, or possible outcomes and contingencies as you are able.

As always, please cite the relevant provisions of the Citizenship Act and explain how you reached your answers.

1. 1. Considering this new information, what steps would you advise Sanna to take at this time regarding her citizenship application? This includes steps that you can take on her behalf.

Question 3

The final concern Sanna raises is with respect to her ability to pass the written test of her knowledge of Canada. Sanna explains that she suffers from trauma associated with having lived in a war-torn area for several years when she was young due to her father's employment. This manifests in numerous ways including anxiety, difficulty with concentration, and lack of memory recall in high-stress circumstances. Accordingly, she was granted accommodations by the University of Manitoba for tests and assignments she completed as part of her program.

Outline the advice you would provide Sanna with respect to this concern and the steps you would take to assist her in this matter. In your answer, please ensure to identify the legal tests and requirements, the hurdles/questions she might face, and the evidence you would obtain, as well as the supporting caselaw and policy underlying your advice.

For clarity, it is recommended that you structure your written advice by headings and sub-headings according to each issue, as appropriate.

Furthermore, feel free to place case law and policy references in footnotes if you consider them inappropriate to your client communications.

The target word count for Question 3 is 45O to 55Oword (two pages). A "grace" range of up to 5Owords above or below is permitted. Anything above or below that 5O-word range may impact your mark.

ASSESSMENT

This assignment assesses:

1. Foundational knowledge (Questions 1, 2, and 3)
2. Critical thinking (Question 2)
3. Case management and communication (Question 3)