Tuesday, March 23, 2010

Lawyer in Montréal - Avocat à Montréal

Are you looking for a boutique law firm in Montréal, who provides its clients with a comprehensive and high quality representation in the Province of Québec, in various judicial districts such as Montréal, Longueuil, Laval, St-Jérôme, Salaberry-de-Valleyfield, Beauharnois and others, please visit us at www.ak-law.ca.
Contact us if you are looking for a lawyer for any type of litigation, legal opinion or counselling on a certain product you intend to manufacture or service you will render, business opportunity, litigation or dispute prevention, purchase of an asset, review of contracts, relationships between shareholders or other.

Wednesday, March 17, 2010

Amir Kafshdaran Law website

Dear readers:

Visit us at www.ak-law.ca to find out more about Amir Kafshdaran Law.

Amir Kafshdaran

Thursday, September 24, 2009

Change of address

Dear readers, clients and internet surfers, please take note that effective September 1st, 2009, my office address is now the following:

630 Sherbrooke West, Suite 800
Montréal (Québec) H3A 1E4
Tel: 514-303-2977
Fax: 514-303-6522

Wednesday, February 20, 2008

Immigration objectives in Quebec and Canada

To start with, we must first clarify whether immigration is regulated by the federal or provincial governments. Section 95 ofThe Constitution Act of 1867 attributes to the provincial Legislature, or provincial governments, the powers to enact laws in relation to immigration, subject to any laws adopted by the Parliament of Canada, or the federal government, in connection with the same. Essentially, provincial laws in the matter of immigration shall apply unless otherwise repugnant to any federal statutes adopted by the Parliament of Canada. In other words, what this means is that our constitution splits the powers and competence over immigration between the federal and provincial governments.

More specifically, as for the legal landscape in Quebec and as discussed earlier, both the federal and provincial statues are applicable: the Immigration and Refugee Protection Act, a federal Act, and an Act respecting immigration to Quebec, the provincial counterpart. Therefore, in the matter of immigration, one will need to consider the foregoing laws and all of its associated regulations to be able to paint a complete portrait of the Quebec immigration legal landscape.

Now, what are the desired objectives of both the federal and provincial government of Quebec in regulating immigration? Both the Immigration and Refugee Protection Act and Act respecting immigration to Quebec objectives are similar in nature. Section 3 of the former outlines several key goals sought by the Parliament of Canada which I textually reproduce herein:

(a) to permit Canada to pursue the maximum social, cultural and economic benefits of immigration;
(b) to enrich and strengthen the social and cultural fabric of Canadian society, while respecting the federal, bilingual and multicultural character of Canada;
(c) to support and assist the development of minority official languages communities in Canada;
(d) to support the development of a strong and prosperous Canadian economy, in which the benefits of immigration are shared across all regions of Canada;
(e) to see that families are reunited in Canada;
(f) to promote the successful integration of permanent residents into Canada, while recognizing that integration involves mutual obligations for new immigrants and Canadian society;
(g) to support, by means of consistent standards and prompt processing, the attainment of immigration goals established by the Government of Canada in consultation with the provinces;
(h) to facilitate the entry of visitors, students and temporary workers for purposes such as trade, commerce, tourism, international understanding and cultural, educational and scientific activities;
(i) to protect the health and safety of Canadians and to maintain the security of Canadian society;
(j) to promote international justice and security by fostering respect for human rights and by denying access to Canadian territory to persons who are criminals or security risks; and
(k) to work in cooperation with the provinces to secure better recognition of the foreign credentials of permanent residents and their more rapid integration into society.

As you can see, some of the aforementioned objectives have a political connotation and may as a result be driven by popular demand and pressures on our elected representatives. As for the Quebec Legislature, pursuant to Section 3 of the Act, reproduced integrally, the below shall guide the selection of foreign nationals in Quebec:

(a) to contribute to the enrichment of the socio-cultural heritage of Québec, to the stimulation of its economic development and to the pursuit of its demographic objectives;
(b) to facilitate the reuniting, in Québec, of Canadian citizens and permanent residents with their close relatives from abroad;
(c) to enable Québec to assume its share of responsibilities regarding the reception of refugees and other persons in a particularly distressful situation;
(d) to favour the coming, among foreign nationals who apply therefor, of persons who will be able to become successfully established in Québec;
(e) to facilitate the conditions of the stay in Québec of foreign nationals wishing to study, work temporarily or receive medical treatment, having regard to the reasons for their coming and the capacity of Québec to receive them.

Clearly, there are certain common guidelines that transpire from both the federal and provincial statues: (1) economic and social enrichment, (2) facilitate the reuniting of families, (3) strengthen the educational and scientific activities. One’s application may be more favorably treated if the applicant’s personal circumstances are in line with the above objectives as set forth in the subject immigration statues.

However, every three years, there is public consultation on the planning in respect of permanent immigration to Quebec allowing the opportunity to rebuild consensuses around the key objectives of the Quebec immigration policy. In 1990, the National Assembly unanimously adopted a policy statement further defining Quebec’s key immigration objectives: (1) recovery of its demographic situation, (2) economic enhancement, (3) protection and survival of its French character and (4) openness to the world. As a result, new wave of immigration to Quebec shall be analyzed and treated according to the immigration policy applicable at that point in time and a different weight may be given to each of the aforementioned policy objectives.

To sum up, for an applicant to be admitted to immigrate to Quebec, the society must benefit in the aggregate unless otherwise admitted for humanitarian reasons. In the event that it is viewed that an applicant may be a potential burden on the collectivity or will be unable to positively contribute to the provincial demographic recover or economic enhancement, the process may become more tedious and difficult.

I’ve briefly given you an overview of the objectives pursued by the federal and provincial government in the matter of immigration. Please remember that there are many other factors that are considered as for a legal standpoint in reviewing one’s application for immigration into Quebec. In the event you have any particular questions with respect to your own personal situation and circumstances, I highly recommend that you seek professional advice.

Sunday, February 3, 2008

Investing in China’s Economic Potential

I was recently at a very informative seminar on China's economic potential hosted by Clearsight Investment Program from Wellington West Capital.  It is surprising to see the economic growth registered by China in the past few years and one wonders how fast and for how long would a country be able to sustain such growth.  

Undoubtedly, in the past few years, there has been an immense market appreciation and as a result, many profited from such market movements.  More concretely, the billionaire investor Warren Buffet, through his company Berkshire Hathaway Inc., recorded 64% increase in profits in the third-quarter of 2007 on an 800% gain on a stake in PetroChina Co.  Furthermore, there are currently 106 billionaires in China, 700% higher than last year.  This is just a testament to the rapidly growing economy of this country.  My only question: is there a speculative bubble in the Chinese market; if so, are we anticipating a market correction?

Here are some websites you can visit for more information on this: 

Economics: CEOs' confidence level

In the final quarter of 2007, the Conference Board Measure ("CBM") of CEO Confidence showed a decline to 39 points.  This is the lowest measurement since the final quarter of 2000 when the CEO Confidence was registered to be 31 points.  On this scale, a score above 50 reflects a more positive sentiment than a negative one.  Clearly, at 39 points, the economic outlook by CEOs is not great, standing at a seven year low.

Some factors such as the housing market troubles, liquidity crisis associated with the Asset-Backed Commercial Paper, financial markets instability and energy prices have contributed to the decline in CEO Confidence level.

To read more about this interesting survey, you can visit: http://www.conference-board.org/utilities/pressDetail.cfm?press_ID=3303

Tuesday, January 29, 2008

Food & sanitation safety

Next time you do your groceries, I want you to reflect a little on what you are buying. Are you buying a Canadian product, imported product, is it organic, genetically modified? There are many questions that we could be faced with when considering food and the consumption safety thereof.

There are various risks associated with food: (1) chemical risks such as pesticides and antibiotic traces in food, (2) microbiological risks such as parasites found in food or various types of harmful bacteria and (3) nutritional risks associated with our own metabolism such as allergens.

Several organizations such as the World Health Organization ("WHO"), Canadian Food Inspection Agency ("CFIA") and Health Canada ("HC") monitor the food industry, within their own sphere of competence, and adopt measures and guidelines for the prevention of any form of health hazard caused by the introduction of imported food, new technological processes having an impact on food or any other factors influencing the food we consume.

HC is the Federal department responsible for the health of Canadians with a mission to prevent and reduce risks associated with the food we consume. On the other hand, the CFIA is responsible for the inspection and application of the guidelines set forth by the HC for the safeguarding of food, animals and plants consumed by Canadians. Here is a non-exhaustive list of laws within HC's jurisdiction:
  • Feeds Act;
  • Food and Drugs Act;
  • Consumer Packaging and Labelling Act;
  • Fertilizers Act;
  • Fish Inspection Act;
  • Meat Inspection Act; and
  • Canada Agricultural Products Act.

There are also certain other risks identified and ultimately studied: (1) the use of Recombinant Bovine Somatotropin, a synthetic version of the naturally occurring growth hormone, (2) genetically modified food and (3) cloned animals. HC prohibits the use of Recombinant Bovine Somatotropin in Canada but does not see any health risks associated with genetically modified food or any food directly coming from or resulting from the use of cloned animals.

For more information on this, you can visit HC's website. What's interesting particularly about HC's website is that you can see if there are any advisories, warnings or recalls issued on any type of food or product sold in Canada.