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Since 1979 he has been practicing exclusively in the area of immigration and refugee law.
Lorne Waldman LL.B. (Osgoode), LL.M (Toronto) practices exclusively in the area of immigration and refugee law, and has done so since 1979.
Mr. Waldman has appeared very frequently at all levels of the courts in Canada, including the Supreme Court of Canada, the Federal Court and the Federal Court of Appeal where he has argued many of the leading cases in immigration and refugee law, such as:
• the successful appeal before the Supreme Court of Canada in Pushpanathan;
• Burns and Rafay , where he acted as counsel for the Senate of the Republic of Italy when it intervened before the Supreme Court of Canada;
• the two Charkaoui appeals where he acted for the Canadian Bar Association when it intervened before the Supreme Court of Canada;
• Amnesty International in its challenge to the Designation of the United States as a Safe Third Country
Mr. Waldman successfully acted as co counsel for Maher Arar at the public inquiry into the circumstances behind his deportation from the United States to Syria where he was subjected to brutal torture. The Public Inquiry concluded that there was absolutely no evidence that Mr. Arar was involved in any illegal activities.
He acted for the Canadian Bar Association at the recent Supreme Court hearings in the case of Charkaoui where the Supreme Court struck down the Security Certificates. He has also appeared for the CBA as one of the spokesperson on national security issues at hearings into the Review of the Anti Terrorism Legislation and assisted in the writing of the CBA briefs on the Anti Terrorism Legislation to the Parliamentary And Senate Committees.
In August, 2007 he was awarded the Louis St Laurent award by the CBA for his contribution to the legal profession.
He was one of four class counsel in the successful class action launched to challenge the retroactivity provisions of the regulations that were promulgated for skilled workers under IRPA, the Razolzadeh case. The success of the class action forced the government to rescind its policy on retroactivity a decision that benefited over 100,000 persons who were seeking to come to Canada.
He has also appeared before the Supreme Court of Canada where he successfully argued the Pushpanathan appeal before that court in 1998. That precedent setting case dealt with the interpretation of the Exclusion Clauses of the United Nations Refugee Convention. The Court accepted the Appellant�s argument that the exclusion clauses should be given a narrow interpretation.
He represented the Senate of the Republic of Italy as an intervener before the Supreme Court of Canada in the Burns and Rafay appeal where the Court concluded that extradition to the possibly face the death penalty violated the principles of fundamental justice. This is the only time that an entity representing a foreign government was granted intervener standing in a Charter case in Canada.
Mr. Waldman was one of the organizers of a conference at the University of Ottawa in June of 2006 that produced the Ottawa Principles on Anti Terrorism and Human and Civil Rights.
He also co-authored with Professor Craig Forcese a study on Special Advocates Entitled �Seeking Justice in an Unfair Process�
He has been appointed as an adjunct professor of law at both Osgoode Hall Law Schools and at the University of Ottawa Law School. At Osgoode he taught immigration law and a seminar on National Security and Human Rights. At the University of Ottawa he has co taught a seminar on Anti Terrorism Law with Professor Craig Forcese.
Mr. Waldman obtained his LL.M degree from the University of Toronto in 2000. His thesis was entitled International Human Rights Law and Limitations on a State�s Right to Expel Non-Citizens He has written extensively in the area of the Charter and its impact on the rights of immigrants and refugees. He has written many articles on human rights issues as op ed submissions to newspapers.
Mr. Waldman has appeared as a witness before the House of Commons and Senate on issues of immigration and refugee law frequently and is a frequent commentator on immigration and refugee issues in the media.
He is the author and editor of Immigration Law and Practice, a two volume, loose leaf service published by Butterworth's Canada in 1992.Immigration Law and Practice has often been cited as an authority by the Federal Court and the Federal Court of Appeal and on also by the Supreme Court of Canada.In addition to authoring Immigration Law and Practice Mr. Waldman has authored two other works--The Definition of Convention Refugee published by Butterworths in 2001 and Canadian Immigration and Refugee Practice, a work that includes a Commentary and case digests on the New Immigration and Refugee Protection Act which was first published in October of 2005 by Butterworths together with the new Act and Regulations. It is published annually with updates to case digests and commentary.
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