Shirish P. Chotalia, Q.C.

In her most recent success, she was able to have a Filipino mother reunited with her 2 daughters after a 15 year separation:

Immigration – Federal Court – Mother and 2 daughters reunited in Edmonton after 15 years apart

Due to a medical inadmissibility of her youngest daughter, a mother along with both of her daughters were held to be inadmissible. But for the disability, she and her daughters would have qualified for permanent resident status. In about 2008, Ms. Chotalia was able to convince the government to allow her to stay and to work in Canada in order to allow her to support her dependent daughters. She was rejected for permanent resident status several times and finally in 2016 Ms. Chotalia took the last rejection to federal court. The litigation was successful (Crown consented prior to hearing).

Finally, her daughters were just landed May 2017. Their story and photos are featured here by the CBC & Edmonton Journal:

http://www.cbc.ca/news/canada/edmonton/edmonton-immigration-philippines-law-legal-battle-family-1.4089535

&

http://edmontonjournal.com/news/local-news/be-patient-edmonton-woman-reunited-with-daughters-after-gruelling-immigration-battle

Ms. Chotalia Q.C. has taught immigration law at the University of Alberta’s Law Faculty and other courses since 1995. She has served as, Chair of the Canadian Bar Association Immigration Section, Northern Alberta.

Ms. Chotalia Q.C. has written several legal books and many legal articles.

Her websites are http://www.shirishchotalia.com/ and http://www.canadaimmigration-lawyer.com/

Landmark Litigation Cases

• Walsh v. Mobil Oil (2008), 296 D.L.R. (4th) 178 (Alta. C.A.): Alberta’s first female “landman” found to be victim of gender discrimination and retaliation by Mobil Oil; also practice issues – solicitor client costs issues

• Khiamal v. Canada (Human Rights Commission), 2009 FC 495, Khiamal v. Greyhound Canada, 2007 CHRT 34 Race & age discrimination and elements of proof

• Grant v. Canada A.G (1995) 125 D.L.R. (4th) 556 (F.C.A.) aff’d (1994) 81 F.T.R. 195 (F.C.T.D.)(Reed J.) Sikh RCMP officer found to have a constitutional right to wear turban and government’s decision to accommodate him was required to protect freedom of religion:

“The defendants and the intervenors, particularly the able argument of Ms. Chotalia for the Alberta Civil Liberties Association, turn the plaintiffs’ argument respecting discrimination on its head. They argue that the Commissioner’s decision was designed to prevent discrimination occurring to Khalsa Sikhs. As such they argue that that decision offends none of the provisions of the Charter, indeed that it is required by section 15 of the Charter.” para 103

• Vriend v. A.G. Alta. [1998] S.C.J. No. 29 (SCC) appealed from [1996] 5 W.W.R. 617 37 Alta. L. R. (3d) 364 (Alta.C.A.) Exclusion of “sexual orientation” in Individual’s Rights Protection Act violates s.15 of the Charter and was “read in” (constitutional remedy) to provide access to Human Rights Commission process (counsel for Alberta Civil Liberties Association)

• Felipe v M.E.I. [1994] Imm 5296-93 (F.C.T.D.)Judicial review challenging medical inadmissibility provisions being then s. 19(1)(a)(ii) Immigration Act on basis of violation of s. 15 Charter – applicant contracting breast cancer in Canada and being subject to removal; See alsoTuringan v M.E.I. (1993) 72 F.T.R. 316 (F.C.T.D.)(A.C.J. Jerome) Judicial review – judgment establishing the unique nature of foreign domestic worker program; duty of fairness

• Kuich v. Commissioner of NWT [1994] N.W.T.J. No. 14 (NWT S.Ct.) (De Weerdt J.) Maintained tortious conspiracy action against the defendant Commissioner even though plaintiff also using the arbitration process (see also J. Vertes decision of July 1995); successful action for conspiracy & defamation re: false allegations of sexual harassment by group of unionized claimants

• S.M.A. v. Canadian Security Intelligence Service (2000) (SIRC) Successfully challenged CSIS’ allegations that client was a “terrorist”; SIRC (Review Committee) ruled that CSIS’s information was outdated, its brief was of “an extremely poor quality”; “full of conjecture”; “shows bias”; and that “there is no evidence whatsoever to indicate that the Complainant has ever been anything other than a peaceful law abiding individual. The service has been remarkably imprecise in its assessment of exactly what kind of activity the Complainant has in fact been carrying out.” See also Azer v. Minister of Citizenship & Immigration (Sept. 2000) Application for mandamus compelling Minister to land client; violation of section 7 Charter Rights

Ms. Chotalia Q.C. has received many awards and recognitions for her service to those in need including “Woman of the Year”1996, Business & Professional Women’s Club & Edmonton Sun Newspaper.

Ms. Chotalia Q.C. obtained her Bachelor of Arts in 1983, her J.D. (Doctorate of Laws) in 1986 and her Master of Laws in 1991 from the University of Alberta. She was admitted to the Bar of Alberta in 1987. She speaks several languages including French, Hindi, Marathi, and Gujarati.