Law Times

Page 10 March 12, 2018 • Law TiMes www.lawtimesnews.com Advocacy group says CBA proposal is anti-competitive BY MICHAEL MCKIERNAN For Law Times T he leader of an im- migration consultant advocacy group has blasted a Canadian Bar Association proposal to bring his profession entirely under the supervision of lawyers as anti- competitive. After what it called "two failed attempts at regulating immigration consultants," the CBA's national immigration law section said in a December letter to Immigration, Refugees and Citizenship Canada, or IRCC, that the best way forward was to finally limit the practice of immigration law to lawyers and Quebec notaries. Under the CBA proposal, immigration consultants could only perform work for clients "as specialized non-lawyer staff in law firms" under the super- vision of lawyers who would maintain effective control over the practice and take responsi- bility for compliance with law society rules. Currently, accredited im- migration consultants would have two years to find lawyers to work under or partner up with in jurisdictions where regula- tors allow multi-disciplinary practices. "This approach would al- low immigration consultants to continue working, while protecting the public and main- taining access to justice," wrote section chairwoman Barbara Jo Caruso, co-founder of Toronto's Corporate Immigration Law Firm. "It is a practical and cost- effective solution that requires minimal legislative amend- ments and avoids the consider- able public costs of establishing a new government regulator." But Dory Jade, who heads the Canadian Association of Professional Immigration Con- sultants, says he was taken aback by the self-interested character of the CBA's suggestion. "Let's play fair here. We don't need a turf war," he says. "Rather than listening to parties who are trying to get rid of their compet- itors, we need a factual process." In an interview with Law Times, Caruso says the CBA's submission has nothing to do with competition. "Immigration is a very im- portant issue globally right now, so the immigration bar is al- ready busy enough," she says. "Our desire to see the prac- tice of law restricted to lawyers is not about bringing in more work for lawyers or protecting our turf; it's about protecting the public and making sure they have access to competent legal advice to help them navigate an area that is very complicated." Caruso says CBA members are alarmed by the balloon- ing number of registered im- migration consultants — their number has jumped to more than 4,000 from around 1,600 in 2010 — as well as the volume of complaints lodged with the Immigration Consultants of Canada Regulatory Council, or ICCRC, about members and non-members alike. "I always say that access to justice is about more than hav- ing access to legal counsel at lower or pro bono rates; it's hav- ing access to competent coun- sel," Caruso says. "That's what is missing right now in the immigration en- vironment. Consultants may frequently provide services at a lower rate than lawyers, but the services are inferior, because they're not familiar with all the legislative issues that may sur- round a given situation." Robert Israel Blanshay, prin- cipal at immigration law-focused Blanshay Law in Toronto, con- curs. "There are many good con- sultants, but the problem is that there is a massive gulf between them and lawyers in terms of governance, training and edu- cation; one that has been grow- ing for years," he says. "Maybe it's time for a refresh, to remind the public why they should want to seek legal immi- gration services through a law- yer as opposed to a consultant." However, Blanshay says there should be more consultation with groups representing immi- gration consultants before any switch to permanent supervi- sion by lawyers. "It shouldn't be rammed down their throats," he says. "There would be some grow- ing pains, but it's a promising idea, and I think it's time for a change." In June 2017, the parliamen- tary citizenship and immigra- tion committee recommended that the federal government strip the ICCRC, a private cor- poration, of its designation as the regulatory body for con- sultants, urging the IRCC to replace it with a system of gov- ernment-approved registration. That recommendation unit- ed the CBA, the ICCRC and CAPIC in opposition, with each expressing concern that it would place the federal government in an actual or perceived conf lict of interest. The ICCRC only took on its current role in 2011 after re- placing the original discredited regulator, the Canadian Society of Immigration Consultants, which had been in operation since 2004. Jade says both bodies were handicapped by their lack of formal recognition in the Im- migration and Refugee Protec- tion Act, but he believes the ICCRC can be salvaged if the federal government elevates its status and grants it powers more akin to those of law societies across the country. "Self-regulation under fed- eral statute will strengthen IC- CRC's ability to regulate con- sultants and protect the public, while improving the integrity of the immigration system in Canada," he says. According to Jade, consul- tants have had their reputa- tions unfairly tarnished by un- licensed rogue operators who rip off prospective immigrants by falsely claiming they can help with applications. He laments the propensity for high-profile media stories to label these offenders "ghost consultants," claiming it com- pounds the damage done to him and his fellow licensed pro- fessionals. The group Jade prefers to call "unauthorized practitioners" accounts for around one third of all complaints to the ICCRC, but the regulator is powerless to act against non-members. "The council would welcome the expanded authority to ad- dress unauthorized practice," said Cindy Beverly, a spokes- woman for the ICCRC, adding in a statement that criticism of the body was unfair, given its young age. "As an organization that is six years old, ICCRC is evolving to better deliver on its mission of protecting consumers of immi- gration services," Beverly said. "ICCRC is continuously en- hancing the measures in place to protect the public; elevating the understanding of the role of immigration consultants, developing new tools to tackle the problem of unscrupulous consultants and expanding our engagement with key stakehold- ers." In addition, the ICCRC has recently added new staff to im- prove its investigation and disci- plinary processes. Although the ICCRC state- ment labelled the CBA's pro- posal to assume responsibil- ity for immigration consultants "short-sighted," Stephen Ash- worth, ICCRC president and CEO, said he remained open to co-operation with lawyers and notaries as Canada attempts to meet Immigration Minister Ahmed Hussen's plan to wel- come almost a million new per- manent residents over the next three years. "In order to best serve the public, we would welcome a meeting with representatives of CBA to work on a collaborative strategy to positively respond to the minister's initiative con- cerning these new immigrants and helping them achieve their dream of being a Canadian citi- zen," he said. LT FOCUS Robert Blanshay says there should be more consultation with groups representing immigration consultants before any switch to permanent supervision by lawyers. Let's play fair here. We don't need a turf war. Dory Jade In-class and online programs recognized by Law Societies Executive Education to Navigate the Canadian Legal Landscape Visit Lexpert.ca to find out more REACH ONE OF THE LARGEST LEGAL AND BUSINESS MARKETS IN CANADA! AVAILABLE ONLINE AND IN PRINT With more than 300,500 page views and 100,000 unique visitors monthly canadianlawlist.com captures your market. 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