Law Times

PAGE 12 FOCUS March 9, 2009 • Law TiMes the Canadian Society of Immi- gration Consultants, but con- troversy over the body estab- lished to regulate immigration advisers continues. In December, the Supreme Controversy continues over immigration adviser regulation body T BY GLENN KAUTH Law Times he Law Society of Up- per Canada has lost its long court battle against simply aren't members of the society — a parliamentary com- mittee last year recommended replacing it with a new body authorized by statute rather than the current one set up as a non- profi t entity. Its replacement would run like a law society with the ability to punish both mem- bers and non-members who pose as legitimate consultants. For Elizabeth Long co-found- Court of Canada in The Law Society of Upper Canada v. Min- ister of Citizenship and Immigra- tion Canada, Canadian Society of Immigration Consultants, and the Attorney General of Canada threw out the LSUC's bid to challenge the federal scheme enacted in 2004 to regulate im- migration consultants. Chief among the LSUC's complaints were that the CSIC doesn't have enough independence from the minister of Citizenship, Immi- gration and Multiculturalism that the regulations establishing the body lacked the authority to do so, and that CSIC's practices violate solicitor-client privilege. For CSIC, the Supreme 'There's nothing in there that re- ally speaks to the competence of consultants,' says Elizabeth Long. Court's ruling dismissing the case were a victory, but it never- theless remains mired in diffi cul- ty. Following complaints about so-called phantom consultants — those whom CSIC can't pun- ish for incompetence, charging excessive fees or other unscru- pulous practices because they er of Long Mangalji Immigra- tion Law Group in Toronto, such a change would be welcome since it would enable prospective immigrants who feel cheated by consultants to sue a new body for failing to properly regulate them. "Right now, if they're go- ing to catch consultants, I think public prosecution will help," she says, noting that a change to allow consultants to stay in Canada during the complaint process will also assist vulner- able immigrants. "Right now, if a consultant submitted a bad ap- plication, the victim is the one who is punished." But Long argues the report nevertheless neglects a key issue. "There's nothing in there that really speaks to the compe- tence of consultants," she says. "They're providing evidence, but they've never been legally trained. That's been a major problem with a lot of clients who come to me who have gone to consultants beforehand." The issue refl ects a long- standing dispute between the legal profession and consultants over the latter group's authority to assist prospective immigrants. For her part, Long feels consul- tants shouldn't be able to advise clients and deal with their im- migration applications on their own; instead, they could have a role in assisting immigrants while working under a lawyer, she says. But even consultants them- selves have major beefs with CSIC. Katarina Onuschak, both a member and critic of CSIC, says the current set-up puts people like her at a major disadvantage. "The way CSIC is structured right now, it has no power. It has no authority. The membership is basically voluntary. The board is not North American Relocation Law even interested in going after the phantom representatives. CSIC was established to protect consumers, but it's worse than ever. There are more phantom representatives than ever." Phantom consultants, she points out, can operate more cheaply since they don't have to pay the membership fees to be part of CSIC. As well, CSIC re- quirements that members attend training sessions offered by either the society or a non-profi t body are also unfair, she argues. In one case, she purchased what she calls an outdated training video from CSIC instead of going to the ac- tual seminar. "Nobody cares if I even watch the video," she says, arguing CSIC's courses generally are more expensive and of less quality than what other bodies such as the Canadian Associa- tion of Professional Immigration Consultants offer. Onuschak, director of T&CS Canada is happy with the recom- mendation in the parliamentary report for a new body and feels CSIC's victory against the LSUC reinforces her right to practise. But she says changes to the regu- latory system are needed urgently due to a growing rift between CSIC and some consultants. "Members have absolutely no control. None," she argues. Already, the rift has led to liti- The best resource to help you with the North American relocation process, including immigration, tax, employment and other legal issues North American Relocation Law is a practical how-to manual for bringing the right types of personnel to North America. It efficiently guides you through the relocation process from beginning to end. 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"It's devastat- ing that people in Canada could be afraid to speak up or to sign a motion because they're afraid of losing their licence," she says. "We need a regulator that is ac- countable to someone," she adds. CISC, meanwhile, was not available to comment either on the problems it's facing with its mem- bers and the LSUC nor on the par- liamentary report. A CSIC spokes- person returned a call to acting chief executive offi cer John Ryan a few days later to say he is the only person able to speak on those issues and that he was away on a course. The government's position is For a 30-day, no-risk evaluation call: 1.800.263.2037 Canada Law Book is a Division of The Cartwright Group Ltd. Prices subject to change without notice, to applicable taxes and shipping & handling. www.lawtimesnews.com Kranc_North American RL (LT 1-2x4).indd 1 3/4/09 1:26:49 PM LT0309 also unclear. Asked what Citizen- ship, Immigration and Multicul- turalism Minister Jason Kenney thinks about the recommendations in last year's parliamentary report, what action the government plans to take or when it plans to take it, a spokesperson for the depart- ment responded in an e-mail that CIC is concerned about mis- conduct by unauthorized — or phantom — consultants. The spokesperson added that the de- partment is "considering" the issues raised in the report. LT W ith contributions by a team of practitioners highly- Certified by the Law S Benjamin A. Kranc Specialist in Immigration Law ociety of Upper Canada as a experienced in all aspects of the relocation process …and more!

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