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Citizenship and Immigration committee If there are resources to do that, I'm sure it's a possibility, but I have difficulty in seeing how they could go to 50 countries around and get agreements with all those countries. I think it would be hard.
October 27th, 2010Committee meeting
Cobus (Jacobus) Kriek
Citizenship and Immigration committee Yes, I agree.
October 27th, 2010Committee meeting
Cobus (Jacobus) Kriek
Citizenship and Immigration committee I'm not in a position to answer that. The CSIC regulator may be able to give more information to the second part of your question about how serious this is. The biggest concern I have experienced is recruiters practising immigration law abroad and inside Canada. They also use the labour market opinion process to get access to employers.
October 27th, 2010Committee meeting
Cobus (Jacobus) Kriek
October 27th, 2010Committee meeting
Cobus (Jacobus) Kriek
Citizenship and Immigration committee I fully agree. I'm not sure if I understand the question correctly, but I fully agree that immigration law advice starts right at the beginning, when forms are completed, and even when assessments are done. The practising of immigration law should not start when an inquiry is made.
October 27th, 2010Committee meeting
Cobus (Jacobus) Kriek
Citizenship and Immigration committee Yes, for sure, I fully agree.
October 27th, 2010Committee meeting
Cobus (Jacobus) Kriek
Citizenship and Immigration committee My intention was not to include the regulation of recruiters in Bill C-35. My intention was just to clearly identify what is the practice of immigration law or immigration law advice and to expand proposed section 91. I believe that recruitment is a function that should be dealt with by the provinces, not in federal legislation.
October 27th, 2010Committee meeting
Cobus (Jacobus) Kriek
Citizenship and Immigration committee Yes, I fully agree. If Bill C-35 could go ahead, it would make the immigration manual's paragraph 5.4 in chapter IP 9 ultra vires. This needs to be changed. This is the root cause of the problem. The existing law is not detailed enough. According to the status quo, anybody can assist a foreign national with an application, and even submit it, but cannot make an inquiry.
October 27th, 2010Committee meeting
Cobus (Jacobus) Kriek
Citizenship and Immigration committee There are many sides to this. Defining immigration law advice would be a good start. There has been a lot of discussion in the media and elsewhere about ghost agents, but the term “immigration law advice” has never been really defined in detail. That's really important so that we're all on the same page and all speak from the same foundation.
October 27th, 2010Committee meeting
Cobus (Jacobus) Kriek
Citizenship and Immigration committee My understanding is that a lawyer can practice criminal law for 40 years and then, in year 41, decide to practise immigration law. That's my understanding.
October 27th, 2010Committee meeting
Cobus (Jacobus) Kriek
Citizenship and Immigration committee Thank you for the question. I was using both of those examples from Lexbase to show that, across the world, recruiters are practising immigration law. These are the only facts that I could find quickly to demonstrate that recruiters are practising immigration law abroad. My submission is that they should not.
October 27th, 2010Committee meeting
Cobus (Jacobus) Kriek
Citizenship and Immigration committee I didn't give it much thought. I just believe that provincial legislation, whatever it might be, must be adhered to. British Columbia has regulations about registration of recruiters. Alberta has rules about that as well, and Manitoba and Ontario have with regard to live-in caregivers, I believe.
October 27th, 2010Committee meeting
Cobus (Jacobus) Kriek
Citizenship and Immigration committee Mr. Rafferty, thank you for the question. I don't have any particular comment on the new regulator. I didn't give it much thought. My objective today was only to address the two issues, which I have.
October 27th, 2010Committee meeting
Cobus (Jacobus) Kriek
Citizenship and Immigration committee That's correct, yes.
October 27th, 2010Committee meeting
Cobus (Jacobus) Kriek
October 27th, 2010Committee meeting
Cobus (Jacobus) Kriek