What is the test for establishing an establishment in Canada?

While the appellants have begun the process of establishing themselves in Canada, this establishment post-dates their section 28 violation. In this regard, I note the case of Shallow v. Canada,[5] where the court stated as follows at paragraphs 8 and 9: I agree that establishment in Canada is a relevant factor. However, merely managing to evade deportation for a lengthy period of time through various procedures and protections available through the immigration process ought not to enhance an applicant’s “right” to remain in Canada on H&C grounds. […] For this factor to weigh in favour of an applicant, much more than simple residence in Canada must be demonstrated. […] Unless the establishment in Canada is both exceptional in nature and not of the applicant’s own choosing, this will not normally be a factor that weighs in favour of the applicants.