Thank you very much.
I would like to begin by thanking the committee members for the invitation to appear today. It is a privilege to have the opportunity. This is my second time before the committee, and I'm very pleased to be here.
As noted, I am counsel with the Atlantic Canadian firm McInnes Cooper. My work is focused primarily on economic immigration, primarily work permits and permanent residence applications. Prior to entering private practice in 2013, I served as the director of programs and corporate initiatives with the Nova Scotia Office of Immigration for two years and as legal counsel to that provincial office for a number of years before that. That was my introduction to the world of immigration consultants.
Before jumping into my substantive comments, I would also note that I am here in my personal capacity, not as a representative of the Canadian Bar Association or my firm. I am presenting my own personal views based on my own personal experiences in my practice. I just want to make sure that's on the record.
As I said, with the Nova Scotia Office of Immigration and in my private practice I have seen the impact of consultants' work and what I would describe as the inadequate regulation and oversight of regulated consultants in Canada. My comments may echo some of those made by the CBA in its formal submission, which I have read. I will try to provide a more personal front-line perspective, or what it's like to deal with these issues on the front line on a day-to-day basis.
I have two principle points. In my view, Parliament's objective in regulating immigration consultants has not been met. As well, the regulation of consultants and the creation of this occupation through federal law is based on the fundamentally false premise that you can create an immigration law specialist from a non-lawyer in a few simple steps over several months. I believe that's simply wrong, and that has been borne out in my experience.
What were Parliament's objectives in regulating immigration consultants? This has been discussed at length and has been touched on in the recent submission of the Canadian Bar Association. The objectives cited were to increase efficiency of administrative processes and to facilitate access to competent representation and ultimately greater access to justice. I think those are laudable goals that we can all get behind, but in my view these goals have not been achieved.
I'll start with the issue of competent representation. I'm sure you're all aware of the many instances in the media where issues of fraudulent practices or counselling fraudulent practices are documented. I won't rehash them here. I'll only say that my own experience echoes these media reports. Despite the efforts to re-regulate consultants with the ICCRC to redress the inadequacies of the previous CSIC agency, it remains very much a wild west in Canada.
In my practice, I have had some positive experiences with consultants. A few bright and committed individuals appear to be doing it right. They are very conscientious in their work and with regard to the law. However, the vast majority of my experiences have been negative. In many cases over the past number of years in my work, I have been dealing with the fallout of incompetent advice or, worse, dishonest conduct by consultants that has left clients in very precarious situations.
I would say to you that the errors I see are not minor in nature, such as failing to include a specific document or missing a limitation period. I see instances of serious negligence and dishonesty where, if the individual were a lawyer, they would in my view warrant suspension or disbarment. Recent examples I can cite for you include consultants who are clearly lying to their clients, lying about applications that they claim to have submitted but can produce no evidence for, and openly charging immigrants for jobs and recruitment fees despite the rules against that. I'm not speaking here of ghost consultants, I'm speaking of regulated consultants.
I would also note that in my experience, clients are not getting access to justice through a less expensive or informal process. Although fees may in some cases be less than lawyers' fees, over the past number of years, many lawyers have published their fees and offer flat fee arrangements. I have found there to be a great deal of equivalency between the very good immigration consultants and lawyers.
To summarize, in my view, Parliament's objectives have not been met. We're not seeing greater access to justice, we're not seeing competent representation, and I cannot see how the endorsement of consultants by government has improved efficiency. In fact, I would turn it around and ask this question of the committee, namely, whether Parliament has actually facilitated the exploitation of foreign nationals and Canadians by unscrupulous and incompetent consultants. On several occasions, I have had clients cite the fact that a consultant is regulated and has an ICCRC number on their website and their business card as a reason they trusted them so much. They say that the Government of Canada has endorsed this consultant, so they must be safe. People rely on the consultant being regulated as a guarantee of competence and almost a type of insurance. Ultimately, it is the responsibility of Parliament to correct this problem, in my view.