Law Times

PAGE 4 NEWS NOVEMBER 21, 2011 • LAW TIMES Immigration changes prompt mixed reviews BY KENDYL SEBESTA Law Times ing mixed reviews from lawyers who practise in the area. "I think the trend to emphasize the economic class rather than family class is deeply concerning," says Lorne Wald- man, an immigration lawyer at Lorne Waldman & Associates. "At the end of the day, we have to ask what is the purpose of immigration policy? I be- lieve its purpose is multifaceted. It is not just about economic concerns but also about ensuring family and refugee policy is met as well." Th e comments come after a series of announcements by Immigration Minister Jason Kenney this month touting how an increase in admissions for skilled workers and provincial nominees would make the country more competitive. But many im- migration lawyers don't agree with Ken- ney's sunny outlook on the matter. "Th e problem is these decisions are usually made previously, which makes it hard for the decisions to catch up to the current economic climate," says Lainie Appleby, chairwoman of the Ontario Bar Association's citizenship and immi- gration section and a lawyer with Guber- man Garson in Toronto. Still, Appleby notes it's legitimate to A seek a process that responds to labour market needs. "As long as the economy can sustain it, I think it's important to get the process underway to get more people here," she adds. Overall, Citizenship and Immigration federal government decision to change the mix of successful im- migration applicants is prompt- Canada plans to accept roughly 57,000 skilled workers next year, up from roughly 47,000 in 2010. Th e skilled worker program accepts ap- plicants for permanent residency who have ar- ranged jobs in Canada, have experience in ap- proved occupations or are international stu- dents enrolled in a PhD program in Canada. "I think the prevail- ing thing the govern- ment is interested in is people who have a stable position in the workforce and can con- tribute to the economy, although I would really like to see the ap- plications being processed faster so more skilled workers could come to Canada sooner," says Appleby. While Kenney says the increase in skilled workers will boost Canada's la- bour market, some lawyers see a prob- lem with the changes. "Th ere is nothing wrong with ensuring an individual has a job," says Mario Bellissimo, an immi- gration lawyer at Bellissimo Law Group. "But the problem comes down the road when that person wants to sponsor a family member, like their sister, and they fi nd out they can't, that there are too many roadblocks. When the fam- ily isn't there and that person loses their job or has a medical issue, who will they have to lean on?" Bellissimo also warns against a "myopic view" of the applicants under the family class. "In part, there is a myo- pic belief that the gov- ernment can't measure the continued economic impact of family mem- bers the way they would the impact of skilled workers," he says. "Th ere needs to be a 'The freeze to deny the right to sponsor people would create a lot of hardship for people,' says Lorne Waldman. balance," he adds. In a related move this month, the govern- ment also announced plans to increase the number of provincial nominees to 45,000 in 2012 from 36,000 last year. Th e program has downsides as well, ac- cording to Waldman. "Th e provincial nominations program has increased over time," says Waldman. "Th e download of selection of federal workers immigrating has shifted from the govern- ment to the province without the govern- ment really being clear about the process." In contrast, the government made signifi cant cuts to the number of ap- plicants accepted under the family re- unifi cation program, placing a two-year moratorium on the more than 165,000 permanent residency applications from parents and grandparents of permanent residents as of Nov. 5. Citing a signifi cant backlog in the program, the government noted the moratorium would give it time to deal with wait times that have stretched to more than eight years. In the meantime, it has implemented a two-phase plan. To begin with, the government will increase the number of sponsored parents and grandparents admitted to Canada next year by 60 per cent. Th e increase comes under a new "parent and grandparent super visa" over the next 10 years that allows parents and grandpar- ents to stay in Canada for two years with- out having to renew their status as long as they have private health insurance. Th e government says the new visa will cut wait times for applicants to eight weeks. Appleby says the move has already af- fected her clients. "It did raise concerns among clients, but overall they seemed to be happy about the super visa that would let their grandparents and parents go from coming, right now, as a visitor for six months to the new visa which would let them stay for two years." Waldman notes that although the right to sponsor a parent was an established part of immigration law, it has eroded over time. "Th e freeze to deny the right to sponsor people would create a lot of hardship for people," he says. "Th e min- ister is holding the carrot of a super visa before them, but I would advise that visa be treated with a lot of skepticism." In the past, the government has largely denied family visas, says Waldman. He notes that the new super visa "may help some, but a lot will likely be denied." Other signifi cant cuts in the number of accepted applicants include govern- ment-assisted refugees, live-in caregiv- ers, and permit holders. In total, the government has declared an admissions target of 259,900 for 2012, with total family applications representing 25.5 per cent of them and economic appli- cations representing 61.6 per cent. ALL ROADS LEAD TO RUSSELL RUSSELL ON ROADS, SECOND EDITION W.D. (RUSTY) RUSSELL, Q.C., B.A., LL.B. Get expert insight on the legislation impacting roads, streets, and highways. This classic resource offers a practical approach to 33 key road principles in Ontario. For each principle, you'll find a concise explanation and the historical background as well as the most recent cases and a review of the impact of the Municipal Statute Law Amendment Act, 2006 and the Municipal Act, 2001. WHAT'S NEW IN THIS EDITION • Nine new road principles • References to new legislation • Recent judicial decisions Turn to Russell on Roads, Second Edition, and you'll understand the issues, prepare for the problems, get immediate access to the case law and make sense of it all with clear commentary. ORDER # 981694-61696 $92 Softcover approx. 320 pages September 2008 978-0-7798-1694-1 AVAILABLE RISK-FREE FOR 30 DAYS Order online at www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. www.lawtimesnews.com

• Cover
• Monetary Penalties
• Repatriation Revisited
• Focus On Environmental Law