Mr. Chair, members of the committee, thank you for inviting me to appear before you regarding Bill C-35.
I have been a lawyer in Montreal for 18 years, and I served as a member of the Immigration and Refugee Board of Canada for 11 years. Immigration law makes up most of my practice. Practising law is a lawyer's domain. Immigration law is a field of law. Therefore, immigration law should be practised solely by lawyers, with the exception of notaries in Quebec.
The scope of activity of immigration counsellors should be limited to functions such as recruiting immigration applicants, gathering documentation and completing forms. Their activities should be overseen by a lawyer or notary, to ensure that the immigration applicant or foreigner receives proper advice. That would better protect people against fraud and other forms of abuse.
In the course of practising law, I have heard a number of disturbing stories involving immigration consultants. For example, an 80-year-old woman hired an immigration consultant to prepare and file her application for permanent residence in Canada on humanitarian grounds. After waiting several years and paying various fees, the woman learned from Citizenship and Immigration Canada that her application had never been filed. The consultant in question was arrested by the RCMP and taken to court on fraud charges.
There was another immigration applicant who, despite meeting the criteria for the skilled worker class, was advised by an immigration consultant to apply as an investor, so that the consultant could collect $50,000 in commission. Stories like that are a dime a dozen.
Situations like these have serious consequences for the people affected: their applications are denied, they are deported, they are separated from their families, they suffer financial losses, their lives are ruined. It is my position that Bill C-35 does not protect people from crooked immigration consultants who could claim that they were not compensated for their services.
Bill C-35 gives the body that would be responsible for immigration consultants numerous regulatory powers. That organization could be considered a professional body. The existing legal and regulatory framework in Quebec with respect to professional bodies can provide assurance of consultant oversight, which the federal framework cannot do. As a result, immigration consultants operating in Quebec should be overseen solely by the Quebec government. That would ensure that provincial jurisdiction is respected.
In short, only lawyers and notaries should be able to practise immigration law. If the government wishes to recognize immigration consultants, it should require them to work under the supervision of a lawyer. Furthermore, the body in charge of consultants should be regulated by Quebec.
In closing, I would point out that, according to Le Petit Larousse 2010, a consultant is defined as a specialist who gives detailed professional advice in his or her area of expertise, whereas a lawyer is an officer of the court who advises, assists and represents clients. A lawyer is trained to interpret complex laws and regulations, such as those in immigration law.
Thank you.