The Canadian Bar Association has always been committed to protecting the public interest, as well as the integrity of the immigration system. With that objective in mind, we have kept a very close eye on all developments related to consultants for many years now, releasing numerous briefs on the issue since 1995. We appreciate the opportunity to comment on Bill C-35.
First of all, we stand together with all those who have already hailed the fact that the bill prohibits unregulated persons from representing immigration applicants at all stages of the process, even before the application is filed. Furthermore, the CBA has long been calling attention to that serious flaw in the current system. So we welcome this change.
The issue of who should be regulated and how is much more complex. The CBA has always maintained that only lawyers should be allowed to represent or advise someone in connection with a proceeding or application under the Immigration and Refugee Protection Act. Otherwise, it is our position that adequate representation of consultants is critical.
The whole idea of representation and advice is one of the cornerstones of Bill C-35. Unfortunately, however, contrary to what we have been recommending since 1996, the bill does not set out a clear definition of the immigration services subject to regulation.
In our submission, we provide you with such a definition of acts that should only be performed by lawyers, whether or not we are willing or able to designate a body as per the proposed paragraph 91(2)(b). Lawyers have received formal education aimed at developing the ability to analyze and address legal complex issues.
Many issues in the immigration context involve not only immigration law, but other areas of law, such as administrative, criminal, constitutional, and human rights. Inadmissibility or validity of a foreign marriage are just two examples of issues that require a sophisticated legal analysis for a representative to be able to competently advise and draft documents for clients, rather than just memorizing manuals.
While we recommend that nobody be designated by proposed paragraph 91(2)(b) of the bill, and that consultants be allowed to act only under the supervision of lawyers, we also suggest in our submission improvements to the bill in the event our recommendation is not followed by this committee or by the government.
My colleague Michael Greene has been involved with this issue for many years now. I will therefore give him the floor to talk about how we hope to improve the bill.