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‘A lot of people facing potential deportation’ under upcoming changes to DUI penalties: immigration lawyer

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Getting an impaired driving conviction is a big deal for anyone — but for permanent and temporary residents of Canada, it could soon mean deportation.

That’s because of a change one immigration worker says « violates basic Canadian values and human rights, » and which a permanent residents says leave him worried about his friends and family.

On Dec. 18, amendments to the Criminal Code come into effect that will increase the maximum sentence for driving under the influence of drugs or alcohol to 10 years from five.

The changes are part of Bill C-46, which was intended to update impaired driving rules in light of legalized recreational cannabis use.

But the increased penalties also mean convictions for impaired driving will fall under the category of « serious criminality » for immigration determination purposes.

That change, in turn, triggers a section of Canada’s Immigration and Refugee Protection Act dealing with admissibility to Canada.

You make a mistake and you’re out.… I’m scared for my family. I’m scared for everyone now.– Mathew Joseph, IRCOM

It says a permanent resident convicted for a serious crime — an offence punishable by a maximum sentence of at least 10 years — or who receives a sentence of more than six months imprisonment will be sent to a deportation hearing. 

Under the immigration act, people convicted of those « serious » crimes also lose the ability to appeal any deportation order through the Immigration Appeal Division, although they can still ask to stay on humanitarian or compassionate grounds.

The stiffer penalties also mean temporary residents who are convicted of impaired driving after Dec. 18 — including international students and foreign workers — may not be able to stay in Canada.

Refugee claimants who are already in Canada and are convicted may be ineligible to have their claim referred to a refugee board hearing under the new rules.

‘I’m scared for everyone now’

That worries some immigrant support workers and groups.

« You make a mistake and you’re out, » said 30-year-old Mathew Joseph, who is himself a permanent resident. He’s Sudanese and came to Canada in 2005 from a Kenyan refugee camp.

He is now studying business economics at university in Winnipeg and works part-time with young people at the Immigrant and Refugee Community Organization of Manitoba (IRCOM).

He’s been busy explaining Canada’s new laws on impaired driving to local teenagers — most of whom came to Canada as refugees.

Chantel Hakazimana, centre, says she worries some of her friends and family could get into trouble under the new, tougher impaired driving measures coming into effect on Dec. 18. (Trevor Brine/CBC News)

« After next month, if you consume it, you get high, you get pulled over and they test  you, you will possibly be positive — and because of that, you’re subject to be deported if you’re a permanent resident, » he told a group of them at a meeting Wednesday evening.

Something as simple as a holiday treat could get them into trouble, Joseph warns.

« Holidays are coming up. Let’s say family members, [a] Canadian family offer me a cookie — I’m gonna have to refuse. I don’t know what’s in that cookie. If there’s weed in that cookie … I get in trouble with it, » he told the teens.

« I’m also subject to be deported.… I’m scared for me and I’m scared for you. I’m scared for my family. I’m scared for everyone now. »

The teens don’t think that’s fair.

The rules create « a double standard, » for those who live in Canada but weren’t born here, says 16-year-old Chantel Hakazimana.

She moved to Winnipeg from Tanzania when she was six years old. Although she’s a permanent resident, she feels as Canadian as anyone else.

« Of course I’m scared, » she said. « Weed is a big problem in Canada. »

‘We’re talking about banishing someone’

It’s why immigrant support groups are working hard to educate and warn permanent and temporary residents, including international students and foreign workers.

« We’re talking about banishing someone, » said Dorota Blumczynska, executive director of IRCOM.

« We’re talking about permanent exile from our community. We’re talking about separating families entirely. »

IRCOM executive director Dorota Blumczynska says the laws of the land must be respected, but says a DUI conviction is not enough reason to deport someone. (Trevor Brine/CBC News )

She’s concerned the stiffer penalties will further criminalize people who are already marginalized and racialized, and are often from low-income communities.

« Linking someone’s immigration status and their sense of belonging and permanency in Canada to being deported if they happen to make a mistake, which any of us could make naturally, is inhumane, » she said.

« I think it violates basic Canadian values and human rights, and in fact likely goes against many of our international obligations. »

The changes put judges in an unfair position too, she says.

« I think it is the role of government to step back and say … we need to be able to enforce the rule of law and Canadian law upon anyone here under the authority of our laws, but those people should not be subjected to that double punishment of losing their status and losing their home. »

‘It’s not automatic that if the person engages in certain behaviours, that they will be deported,’ Immigration Minister Ahmed Hussen says. (Justin Tang/Canadian Press)

Border Security Minister Bill Blair has previously said the intent of the Criminal Code amendments is to deter everyone from driving high.

Meanwhile, Immigration Minister Ahmed Hussen says no one will be deported without due process.

« It’s not automatic that if the person engages in certain behaviours, that they will be deported, » he said in Ottawa Wednesday.

However, permanent residents who are convicted will lose an important avenue of appeal.

Hussen’s department is looking into the implications.

« That analysis is ongoing but at the same time, we have to educate people of the consequences of the law as it is today, » he said, acknowledging he’s getting a lot of pressure from immigrant and refugee advocates, who say the new measures are unfair to newcomers.

Toronto immigration lawyer Sergio Karas says new impaired driving provisions are an unfair double-whammy for permanent residents in Canada. He worries there will be many people facing deportation because of DUI convictions after Dec. 18. (Joe Fiorino/CBC News )

« The ministers, especially Mr. Hussen, have a lot to explain, » said Toronto immigration lawyer Sergio Karas.

« This is ridiculous, what they’re doing with DUIs. I’m sure we’re going to see a lot of people facing potential deportation due to DUIs in this country. »

Karas hopes judges will take an offender’s immigration status into account — while still imposing sentences fit for the crime.

But he knows that courts of appeal could overturn those sentences, and possibly even increase them.

Manitoba appeal court overturns sentence  

That happened last month when the Manitoba Court of Appeal overturned a reduced, « artificial » sentence handed down by a judge who acknowledged that a longer punishment would trigger a deportation hearing for the 23-year-old permanent resident.

Karas has two pieces of advice for permanent residents.

« As soon as you’re ready to become a citizen because you’ve fulfilled the requirements of the citizenship legislation and you have put in the time in Canada, please apply for citizenship, because that will save you a lot of problems, » he said.

« No. 2 would be for permanent residents to be very much aware that they’re not citizens of this country and any type of criminal offence may trigger deportation proceedings. »

Getting an impaired driving conviction is a big deal for anyone — but for permanent and temporary residents of Canada, it could soon mean deportation. 2:33

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Anglais

Nostalgia and much more with Starburst XXXtreme

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Get a taste of adventure with Starburst XXXtreme based on the legendary NetEnt Game. The nostalgic themes are sure to capture fans of the classic version as they get treated to higher intensity, better visuals, and features. The most significant element of the game is its volatility. Patience will not be an essential virtue considering the insane gameplay, and there is a lot of win potential involved. It retains the original makeup of the previous game while adding a healthy dose of adrenaline. 

Starburst Visuals and Symbols

The game is definitely more conspicuous than before. The setting happens over a 5-reel, 3-row game grid with nine fixed win lines, which function if a succession from the left to the right reel is present. Only those players that that attain the highest win per bet line are paid. From a visual standpoint, the Starburst XXXtreme slots illustrates lightning effects behind the reels, which is not surprising as it is inherited from the original version. Available themes include Classic, Jewels, and Space. The game is also available in both desktop and mobile versions, which is advantageous for players considering the global pandemic. According to Techguide, American gamers are increasingly having more engaging gaming experiences to socialize to fill the gap of in-person interaction. Starburst XXXtreme allows them to fill the social void at a time when there is so much time to be had indoors. 

Starburst XXXTreme Features

Players get to alternate on three features which are Starburst Wilds, XXXtreme Spins, and Random Wilds. The first appears on reels 2,3, or 4. When these land, they expand to cover all positions while also calculating the wins. They are also locked for a respin. If a new one hits, it also becomes locked while awarding another respin. Starburst XXXtreme offers a choice between two scenarios for a higher stake. In one scenario with a ten times stake, the Starburst Wild is set on random on reels 2,3, or 4, and a multiplier starts the respin. The second scenario, which has a 95 times stake, starts with two guaranteed starburst wilds on reels 2,3, or 4. it also plays out using respin game sequence and features. The game also increases the potential with the Random Wilds feature to add Starburst Wilds to a vacant reel at the end of a spin. Every Starburst Wild gives a random multiplier with potential wins of x2, x3, x5, x10, x25, x50, x100, or even x150.

The new feature is sure to be a big hit with the gaming market as online gambling has shown significant growth during the lockdown. AdAge indicates the current casino customer base is an estimated one in five Americans, so Starburst XXXtreme’s additional features will achieve considerable popularity. 

What We Think About The Game

The gambling market has continued to diversify post-pandemic, so it is one of the most opportune times to release an online casino-based game. Thankfully Starburst XXXtreme features eye-catching visuals, including the jewels and space themes. These attract audience participation and make the gameplay inviting. The game also has a nostalgic edge. The previous NetEnt iteration featured similar visuals and gameplay, so the audience has some familiarity with it. The producers have revamped this version by tweaking the features to improve the volatility and engagement. 

That is characterized by the potential win cap of 200,000 times the bet. Starburst XXXtreme does not just give betting alternatives for players that want to go big. The increase of multipliers also provides a great experience. If the respins in the previous version were great, knowing that multipliers can go hundreds of times overtakes the game to a new level. 

Players should get excited about this offering. All of the features can be triggered within a single spin. Whether one plays the standard game or takes the XXXtreme spin route, it is possible to activate all of the features. Of course, the potential 200,000 times potential is a huge carrot. However, the bet size is probably going to be restricted and vary depending on the casino. It is also worth pointing out that a malfunction during the gameplay will void all of the payouts and progress. Overall, the game itself has been designed to provide a capped win of 200,000 times the original bet. 

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Anglais

‘We’re back’: Montreal festival promoters happy to return but looking to next year

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In downtown Montreal, it’s festival season.

In the city’s entertainment district, a musical act was conducting a sound check on stage Friday evening — the second day of the French-language version of the renowned Just For Laughs comedy festival. Tickets for many of the festival’s free outdoor shows — limited by COVID-19 regulations — were sold out.

Two blocks away, more than 100 people were watching an acoustic performance by the Isaac Neto Trio — part of the last weekend of the Festival International Nuits d’Afrique, a celebration of music from the African continent and the African diaspora.

With COVID-19 restrictions continuing to limit capacity, festival organizers say they’re glad to be back but looking forward to next year when they hope border restrictions and capacity limits won’t affect their plans.

Charles Décarie, Just For Laughs’ CEO and president, said this is a “transition year.”

“Even though we have major constraints from the public health group in Montreal, we’ve managed to design a festival that can navigate through those constraints,” Décarie said.

The French-language Juste pour rire festival began on July 15 and is followed by the English-language festival until July 31.

When planning began in February and March, Décarie said, organizers came up with a variety of scenarios for different crowd sizes, ranging from no spectators to 50 per cent of usual capacity.

“You’ve got to build scenarios,” he said. “You do have to plan a little bit more than usual because you have to have alternatives.”

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Anglais

MELS new major movie studio to be built in Montreal

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MONTREAL — MELS Studios will build a new film studio in Montreal, filling some of the gap in supply to meet the demand of Hollywood productions.

MELS president Martin Carrier said on Friday that MELS 4 studio construction will begin « as soon as possible », either in the fall or winter of next year. The studio could host productions as early as spring 2023.

The total investment for the project is $76 million, with the Quebec government contributing a $25 million loan. The project will create 110 jobs, according to the company.

The TVA Group subsidiary’s project will enable it to stand out « even more » internationally, according to Quebecor president and CEO Pierre Karl Péladeau. In the past, MELS Studios has hosted several major productions, including chapters of the X-Men franchise. The next Transformers movie is shooting this summer in Montreal.

Péladeau insisted that local cultural productions would also benefit from the new facility, adding that the studio ensures foreign revenues and to showcase talent and maintain an industry of Quebec producers.

STUDIO SHORTAGE

The film industry is cramped in Montreal.

According to a report published last May by the Bureau du cinéma et de la télévision du Québec (BCTQ), there is a shortage of nearly 400,000 square feet of studio space.

With the addition of MELS 4, which will be 160,000 square feet, the company is filling part of the gap.

Carrier admitted that he has had to turn down contracts because of the lack of space, representing missed opportunities of « tens of millions of dollars, not only for MELS, but also for the Quebec economy. »

« Montreal’s expertise is in high demand, » said Montreal Mayor Valérie Plante, who was present at the announcement.

She said she received great testimonials from « Netflix, Disney, HBO and company » during an economic mission to Los Angeles in 2019.

« What stands out is that they love Montreal because of its expertise, knowledge and beauty. We need more space, like MELS 4, » she said.

There is still not enough capacity in Quebec, acknowledged Minister of Finance, the Economy and Innovation Eric Girard.

« It is certain that the government is concerned about fairness and balance, so if other requests come in, we will study them with the same seriousness as we have studied this one, » he said.

Grandé Studios is the second-largest player in the industry. Last May, the company said it had expansion plans that should begin in 2022. Investissement Québec and Bell are minority shareholders in the company.

For its part, MELS will have 400,000 square feet of production space once MELS 4 is completed. The company employs 450 people in Quebec and offers a range of services including studio and equipment rentals, image and sound postproduction, visual effects and a virtual production platform.

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