Archive for category: Ontario

You are here: / Ontario

CityNews: Agents Convicted in USA

/in , , , , , , /by

Alastair Clarke and the team at CIL have helped many victims over the years. These victims are often misguided by their immigration consultants or agents and it can result in an investigation. Victims almost never pay the ultimate price of losing their lives after following bad advice from an immigration consultant or agent. Today, we are sharing a story where a family of 4 – mother, father and two (2) young children – paid that ultimate price and they lost their lives crossing from Canada into the USA on foot. WARNING: this story may be traumatic or triggering for some readers.

CityNews, as well as many other news agencies, have been covering this tragic story over the past 2 years. As reported, the mother or father from India applied to come to Canada on a Study Permit and the application was approved. They were granted the right to come and study in Canada by the Visa Office. In 2022, the family entered Canada and travelled from Ontario to Manitoba. Presumably, they were granted a Permit to study at a DLI in Ontario and it is possible that the DLI was one of the “puppy mills” described by the Minister. After entering Ontario, this family were in contact with their agent who instructed them to travel to Manitoba and then walk across the border to the USA on foot through farmland. They never made it to their destination. They were found frozen to death in a blizzard in 2022. As reported by CityNews:

Harshkumar Ramanlal Patel and Steve Shand are accused of being part of an operation that brought people from India to Canada then across the border from Manitoba to Minnesota.

One of the trips they are accused of taking part in saw a family from India — a couple and their two young children — die in a blizzard in January 2022, when the wind chill was below -35.

Alastair Clarke has been interviewed many times by various news outlets related to immigration stories. Unfortunately, there are many victims of these schemes. In most cases, the victims do not perish from the journey. In this case, a survivor from the trek testified against Harshkumar Ramanlal Patel and Steve Shand in the criminal court in the USA. That testimony was key to these convictions.

As reported, there are criminal investigations ongoing in India. RCMP has also announced that they have an investigation open; however, no one has been charged or convicted in Canada.

Victims of Immigration Agents & “Bad Actors”

Minister Miller has repeatedly called out “bad actors” in the system. These are individuals who are taking advantage of the most vulnerable people. CIL has helped hundreds, possibly thousands, of victims of bad immigration agents. As we reported here in SEPT 2024:

Mr. Alozie is part of a group of criminals who have created victims in the immigration system. Also in 2020, Mr Zhihao Jia was also criminally charged for unlawfully representing people applying for immigration, misrepresenting facts on immigration applications, and communicating false or misleading information with the intent of inducing immigration to Canada. This is an offence under IRPA.

Jiatoo Immigration Consulting has closed and many Chinese families are facing investigations by CBSA. They are also at risk of losing their status and being removed from Canada. Thankfully, we have helped both Nigerian clients who made the mistake of hiring a shady agent as well as Chinese clients who made the same mistake. None of our clients have lost their status.

We were able to help many Nigerian victims and Chinese victims who were abused by these immigration agents.

CILA Recommendations

The Canadian Immigration Lawyers Association has responded to many of these concerns in a letter dated 20 NOV 2024. Full disclosure: Alastair Clarke has personal connections with BJ Caruso, one of the writers of this letter and he has personal connections with many members of the Executive at CILA. They recommend the following 7 points:

  1. Launch an “Expert Task Force to Combat Ghost Consultants” with a mandate to provide you with recommendations for improvement by 2025.
  2. Require applicants who do not file a Use of a Representative Form to complete a Letter of Attestation confirming they did not receive assistance for their application from a third party in exchange for compensation.
  3. Introduce a reform that consultants operating outside Canada are no longer authorized to represent clients.
  4. Ensure the CICC has the means to thoroughly audit each one of its members. If they do not, enforce regulatory change to limit their mandate and the number of consultants.
  5. Ensure that the CICC mandate its licensees to assist in maintaining the honour and integrity of the immigration system, and to expose dishonest conduct by any other licensee, unlicensed consultant, or any other parties, and being forthcoming with clients and adjudicators about such conduct.
  6. Consider introducing a whistleblower reporting system similar to what exists in criminal law wherein victims of immigration consultants can become cooperative witnesses.
  7. Ensure IRCC has enough capacity to apply the new AMPs and that they only apply to immigration consultants to avoid jurisdictional conflict with law societies, preserve the independence of the bar, and avoid duplication of regulation of lawyers.

To be clear, CIL agrees with the recommendations above. In particular, point #6 needs to be prioritized. On the US side, it seems the victim who crossed with the family in 2022 was able to testify against the criminal immigration agents. I imagine that this testimy was key to the above convictions. In my view, Canada needs to immediately pass legislation to support whistleblowers who can help weed out the “bad actors” in the system.

Canada’s Most Livable Cities

/in , , , , /by

IRCC has set high goals for the next few years. Canada will welcome more than 1 million new Permanent Residents over the next 2 years. They need to figure out: which is the best city for them and their families? Which place is best for raising children? Which city has affordable housing? Where can they get support? Where can they find strong settlement services? Which city will be welcoming to newcomers?

The Globe and Mail did an investigation to find the most livable cities in Canada.

Overall, Winnipeg is ranked #3 in Canada. In terms of raising children, Winnipeg is ranked #1 in Canada.

As noted by the Globe and Mail:

For this family-focused ranking, we placed increased importance on variables related to housing and education as well as proximity to child care. We wanted to identify communities with affordable housing that also offer access to quality education. Unlike our overall ranking, this one also integrated the percentage of families with children at home to identify communities where there are higher concentrations of kids.

Did the Globe and Mail look at every city? No. They focused this ranking on 439 cities from across Canada:

We’ve collected data from 439 cities across the country, each with a population exceeding 10,000. Our evaluation involved an analysis of 43 variables, which span 10 categories that we’ve identified as particularly crucial when an individual contemplates relocating to a new area. These categories are Economy, Housing, Demographics, Health Care, Safety, Education, Community, Amenities, Transportation and Climate.

Based on the criteria above, Winnipeg was ranked #1 of the 439 cities. Very impressive!

If you are interested in listening to the researcher who organized this ranking, please listen to the Globe and Mail podcast the Decibel. Here is the description:

Where is the most livable city in Canada? The Globe and Mail ranked more than 400 cities across the country to find out. Using data to capture qualities that matter most – affordability, safety, education and access to amenities and health care – these rankings will help Canadians find the cities that are best for them, based on their own circumstances.

The Globe’s data editor Mahima Singh and personal finance reporter Salmaan Farooqui join the show to explain the methodology behind the project and why a certain city on the west coast takes the top spot.

One point that was highlighted in the podcast is that climate/ weather has a low impact on the ranking. Many folks in Canada seem to think that Winnipeg is not such a great place to live because the winters can be difficult and long. It is true that winters here can be difficult. Personally, I find FEB/ MARCH to be the most difficult months as the temperature is still cold but the river skating has closed and the streets are dirty from all the sand from winter.

On a personal note, I (Alastair Clarke) have lived in Edmonton (Alberta), Victoria (BC), Vancouver (BC), Toronto (ON), Kingston (ON), Montreal (Quebec) and Winnipeg (Manitoba). During the 4 years I lived in Victoria, BC, the city that was ranked #1 overall in Canada, I loved living in that city. The main issue with Victoria is the cost of living.  Everything was expensive. From bagels to gas to housing, the prices in Victoria are higher than other parts of Canada. I love to travel and explore different cities. I have moved 24 times and lived on continents. During those 4 years in Victoria, it was very difficult to save money because the daily cost of living is so high. Winnipeg, in contrast, is the most affordable city in Canada where I have lived. Housing is extremely affordable. Salaries are great. Cost of living is low. So my family has been able to save money and enjoy a higher standard of living.

Overall, I agree with this ranking. My friends in Edmonton complain about the cost of housing. I have DINK friends in Vancouver who have given up on the idea of ever buying a house. They dream of buying a small condo. I have other DINK friends in Toronto (2 nurses) who plan to rent indefinitely. They have decided not to have kids because of all the costs related to children.

Is Winnipeg the Best City to Raise Children?

Here at CIL, we are bias, of course. We love helping clients come to Manitoba and we try to make them feel as welcome as possible. We are connected with many community groups and organizations that provide settlement services.

As noted by the Winnipeg Free Press:

Gillingham pointed to Winnipeg’s home prices. Buying a house is “still attainable” compared to other Canadian cities, he stated.

The average Manitoba home cost $344,478 last October, according to Canadian Real Estate Association data. The national average was $656,625.

Gillingham applauded Winnipeg’s art, sports and post-secondary scenes.

“We have so much to offer in our city that I believe is and can be very attractive to others from across the country,” he said.

Ryan Kuffner, chief executive of Economic Development Winnipeg, called the recognition “fantastic.”

We agree 100%. Schools in Winnipeg are great. We have many clients who move from places that have extremely expensive housing, like Toronto, to Winnipeg so they can actually afford a home for their families.

Is Winnipeg Really #1?

This question is extremely subjective. For us, Winnipeg is the perfect size. We have sufficient diversity of amazing restaurants, commuting is easy and everyone is super nice. It is really a great place to live.

I remember when we first moved in 2013, Winnipeg did not have a top notch ramen restaurant. (We love Japanese food from living in Japan for 3 years.). Then we discovered YUJIRO. Then Cho Ichi Ramen opened. Then other ramen restaurants opened. The restaurant scene in Winnipeg is highly underrated.

Recently, we went to NYC for a weekend and I wanted to try to world-famous Cronut at Dominque Ansel bakery. It was amazing. Absolutely. But where have I had the best cronut? Winnipeg. Cakeology has better pastries. 

My friends in Vancouver rave about hand crafted ice cream at Rocky Point. So I went to Vancouver to try it. Very good. But where is the best hand crafted ice cream? Winnipeg. Chaeban has better ice cream.

 

 

MB Legal Aid

/in , , , , , , , /by

CIL WILL NOT ACCEPT MORE LEGAL AID – UNTIL THINGS CHANGE

We regret to announce that CIL has made the difficult decision to not accept any more legal aid certificates for the foreseeable future. We do not take this action lightly. We know that many clients will be disappointed. Clients regularly come to us as they have heard we are the best. They have been told to come seek our help. Communities rely on our services. Unfortunately, Legal Aid Manitoba (LAM) has failed to provide sufficient compensation for this work, despite increasing fees for other areas of law. This is simply not fair so we have been compelled to make this difficult decision.

WHY ARE WE SUSPENDING LEGAL AID?

In Oct 2022, the Government of Manitoba increased LAM tariffs for Criminal Law matters. They increased tariffs for Family Law matters. Increase for Immigration? No. Increase for Refugees? ZERO. Clearly, LAM considered the tariffs and decided they were too low. They decided to increase the moneys paid for many legal matters and made the decision not to increase tariffs for immigration and refugee matters. Is this fair?

Mr Clarke has spoken to the management at LAM and they have repeatedly promised to make things fair. We have been patient for more than 1 year. They have failed to act on their promises. Inflation has been increasing our costs of doing business. Workers are getting 9.5% wage increases. 

Based on the MB Legal Aid website, the maximum fees for a refugee hearing (from start to finish) is CAD $1,315. That is the maximum. It is extremely low. If a lawyer has a complex case, they can request a “discretionary increase”. That request goes to a committee and they review the work. How many requests for a “discretionary increase” (DI) are approved? At CIL, we have submitted many DI requests over the years and they have ALL been denied by LAM. This means that CIL is paid at a low rate for some work, and not paid at all for any additional work that may be required.

The only conclusion is that the current model is not sustainable. If we continue to accept LAM clients at unfair rates, we are supporting and condoning an unfair system.

BACKGROUND

We love helping our clients. Families. Workers. Students. Business Owners. Corporations. Refugees. We serve all our clients equally, regardless of their background. Access to justice is one of our motivating principles. We know that legal fees can be expensive so we offer payment plans. We also know that, in some cases, even our payment plans are outside the means of certain clients. Every year, we spend many hours doing pro bono work for clients and we regularly offer additional services at no additional charges. Unlike the vast majority of law firms, we publish our fees online for anyone, in any country, to review so they can make an informed decision. We have published detailed explanations regarding our one-time Administrative Fee and we have been regularly audited by the Law Society. We love the fact that we have helped so many clients win at the RPD, win at the IAD, win at Federal Court, and we have helped so many clients come to Canada as students or workers or as separated family members.

CIL is a business. We have to keep the lights on. We have to pay our bills. We have to pay salaries and bonuses to Team Members. We do not receive any grants or funding from either the provincial government or the federal government. We rely on fees paid for our work – 100%.

In Manitoba, there are 2 potential sources of fees: 1. Clients; or 2. Legal Aid Manitoba. Most law firms in Manitoba do not accept legal aid certificates. When Alastair Clarke founded CIL many years ago, a senior lawyer said:

“My best advice is to not accept legal aid. If you do, you will not be able to feed your family.”

Mr Clarke did not take that advice. CIL has accepted legal aid certificates every year and we are actively involved with the legal aid community. Mr Clarke has also been volunteering for many years at the Legal Help Centre to provide free legal advice on immigration matters.

After many years of practice, it is clear that refugees are good for Manitoba. They pay taxes. They perform valuable work during a labour shortage. Based on research from the University of Manitoba, they are a net positive for our economy, notwithstanding the fact that helping refugees is the right thing to do.

CARL WILL NOT HELP

In 2022, Mr Clarke had a meeting with lawyers in Ontario and other provinces to discuss legal aid. The meeting was organized by the Canadian Association of Refugee Lawyers (CARL). We talked about calling on the Federal Government to establish a nationwide plan and, in the end, we could not agree on a unified message. Why? One of the reasons is that Legal Aid Ontario pays lawyers much more than other provinces. In addition, unlike Manitoba, the Ontario government has recognized the importance of refugee protection so their fees increased in 2023 and they will increase again in 2024 and again in 2025. 

The refugee lawyers in Ontario do not want to risk those tariffs coming down to match the tariffs paid by Legal Aid Manitoba. This makes sense. I certainly would not want to negatively impact my colleagues in Ontario based on the lack of fairness in Manitoba.

WHAT ARE FAIR RATES?

This is a tough question. Mr Clarke regularly lets his staff know that we are in the business of saving lives. There is no price tag on that service. The average doctor in Manitoba is paid $310k for their work. Is that a fair comparison? No, not really. We want to be fair. We want to be just. We currently charge a minimum of $3,500 to assist with a refugee claim from start to finish. These procedures generally take 12 to 18 months and we work with the claimant, supporters, witnesses and members of the community to prepare the case. We need to spend enough time on each and every file to make sure our clients have the best chance at success.

Clearly, the LAM tariff of CAD $1,315 is not fair.

A Canadian law firm in Ontario charges CAD $11,250.00 for a refugee claim and hearing (minimum). I am not including a link to that law firm as I do not want to give them any web traffic. In my view, charging CAD $11,250.00 for a refugee claim is outrageous and not fair to the claimant.

 

Most people would agree the above rates are too high. Charging CAD $11,250.00 is not defensable, although I did not contact that law firm to see what justification, if any, they have for such high fees.

Our fees start at CAD $3,500 and most of our refugee claimants on private retainers pay that amount. We have not raised our fees for refugee claims since 2015. In 2020, we did a review of our fees and we noticed that law firms in Canada were raising their fees. We made the decision not to raise ours because of clients were suffering. 

 

Canadian Lawyer Magazine published the 2020 Legal Fees Survey online. Legal fees in 2021 went up. Here are the numbers for 2021. Average fees for a refugee claim in Ontario in 2021 was $5,000, for example. Based on our research, they did not publish fees for 2022 or 2023.

Based on the above, we know that we could charge more than $3,500 per claim. I know that our services are among the best in Canada. Since David Matas decided to limit his practice, Alastair Clarke is arguably the most experienced refugee lawyer in Manitoba. He was contracted by Kinbrace in BC as the Canadian expert in refugee law to oversee and draft the guide from refugee claimants across Canada. In 2023, he accepted a position as an IRB Representative for the Canadian Bar Association (CBA). Currently, he has more than 50 hearings scheduled at the RPD and he is booked until Spring 2024. Do we want to raise our fees? No.

$1,315? $3,500? $5,000? $5,750? $11,250? What is fair?

Based on 15 years of practice, I believe $3,500 CAD is fair for a refugee lawyer to charge to represent a refugee claimant at the RPD. To be frank, this should be the minimum for this type of work. I can understand how refugee lawyers in Ontario charge $5,000 and how the average fees across Western Canada is $5,750.

Alastair Clarke recently spoke with a junior immigration lawyer who is starting out. She asked about different areas of practice and LAM. Mr Clarke described the work involved and let her know that LAM pays $1,315 for this work. Her reply:

That’s it? Are you joking? How could I feed my kids? No, that can’t be right.

She is correct. It is not right. It is not fair.

THE LAST STRAW

As you have read from the above, this has been an issue that has been burning for a long time. What prompted this decision? I can share this story. In NOV 2023, we accepted a LAM to accept a family from Turkey. They have truly suffered, although this is not straightforward situation as they are relying on “generalized risk”, which is difficult in the context of a A96/ A97 determination. Regardless, we accepted the LAM file. Then we learned that the sister of the principal claimant is a physician in Manitoba. She is getting paid CAD +$300,000.00 by the Government of Manitoba to provide health care to residents in Manitoba. Could she support her brother and his family? Yes. Is she? No. She helped them apply to LAM.  It could be said that she expects to get paid CAD +$300,000.00 by the Government of Manitoba to save lives but she does not want to pay anything for us to save her brother’s life. That was the last straw.

HOW CAN YOU HELP?

We are calling on the Government of Manitoba to match the tariffs paid by the Government of Ontario for refugee services. That is all. A refugee lawyer in Kenora, ON should be paid the same as a refugee lawyer in Winnipeg. If that happens, we will accept more work from LAM

WHAT HAPPENS IF LAM FAILS TO ACT?

We will continue to represent refugee claimants on private contracts. Our fees are published online. Based on the above, I hope you agree that our fees are fair. Our clients are on payment plans. We do our best to be as flexible as possible. If you need help, we would love to work with you.

Success: Justice for Minors

/in , , , /by

I want to share a story that started in 2011 that has (finally) come to conclusion. This is a story about housing law, criminal law, public interest law and poverty law. Unlike almost everything else in this space, this case has nothing to do with immigration. This is a case of a Canadian family who needed legal help. I helped the family while I was working as Staff Lawyer at Unison Health and Community Services (“Unison”) in Toronto in 2011. During this time, this family needed significant support. After I moved to Winnipeg, another lawyer took over the case and helped this family actually collect the $$$.

Here is a summary of what happened from my Supervisor and Legal Director:

In 2011, we opened a file for clients who were being evicted for arrears of rent. Alastair Clarke was assigned to the file and represented the clients. As he found out more about the case, he found out that the clients and their 3 daughters were renting from the client’s parents, in the parents’ home. Alastair also found out details about the tenancy in that, the male landlord (grandfather) was assaulting the teenaged daughters. Alastair helped the clients file a tenant application against both landlords (grandparents) seeking compensation from them. I should also mention that around the same time, the grandfather was criminally charged and ultimately convicted for the assaults (and was jailed). To add to the ordeal of a hearing, during the course of the hearing process, the clients were offered money by the grandmother to withdraw the application. They did not. After approximately a year, and several appearances, the clients were successful, and obtained an Order for $25,000 which is the maximum allowable at the Landlord and Tenant Board (and rarely awarded)!
Often I tell clients, that winning a court case is only half the battle, and that collecting on any type of judgement is the other half. The grandparents did not pay as ordered. Therefore, we (Joanna Mullen who was filling in for Alastair at that time) looked into ways to help them collect on this judgement. In the end, she helped the clients file a writ against the grandparents’ home. This was in 2012.
 
Recently, we were contacted by the lawyer for the grandparents who had just sold the home. In order for the sale to be completed, the writ had to be first satisfied (paid out).
 
Today, I had the privilege of handing a certified cheque in the amount of $24,752 to the clients ($25,000 less some arrears owing)!!! When I handed them the cheque, the expressed their gratitude to both Alastair and Joanna and Unison, and stated that this would hopefully bring a bit of closure to the matter. I asked how the daughters were doing, and was told that while the healing process is ongoing, 1 daughter is finishing college, and 1 is engaged.
 
Congratulations to both Alastair and Joanna for their hard work on the file!!
As you can read from the above, this was a very sensitive situation and the girls were living with a sexual predator. The grandfather in the family was sexually molesting his granddaughters and taking advantage of the housing situation. It was a messy and stressful experience. At various times, the family wanted to just get out of the rental housing situation and move on. It takes courage and strength to pursue these cases to the end.
I want to recognize the work of Joanna Mullen who continues to work in the Ontario clinic system. She also shared her thoughts on this case:
Thanks to everyone for their kind words and congratulations. I also worked with the daughters on applications to the Criminal Injuries Compensation Board, which were successful. Even though it was several years ago now, the resiliency of those girls in the face of such horrific violations has remained with me. I am happy to hear that they are doing well and that we were able to deliver compensation after so much time had passed.
The reason I am sharing this story is to highlight the services from the legal clinic system in Ontario. Unison, in particular, should be the model for services. Residents can go to Unison to medical services, employment services, housing support, counseling services, youth programming, pre-natal classes, exercise classes (yoga), disability services and, of course, legal services. I would tell my colleagues that we were providing medical services because many of our clients had medical issues and we were working closely with doctors and nurses. Poverty law often covers many different issues and it makes things go so much easier when service providers can work together.
Another reason for sharing this story is to focus on justice. The adage that the wheels of justice move slowly is evident. This case has been going through various administrative tribunals and criminal courts for more than 10 years. This family has gone through significant stress. In the end, however, I hope they feel satisfied with the results and I am thrilled that the girls are doing well.

Success: LMIA

/in , , , /by

In late 2019, we were contacted by a large Trucking company in western Ontario for assistance with multiple Labour Market Impact Assessments (LMIAs). The company had previously retained another law firm in Winnipeg and they were not satisfied with the quality of professionalism of that firm. (As an aside, that firm has terrible ratings on Google so this is not a surprise.) We reviewed the shoddy work of the previous representatives and prepared new LMIA applications based on our research.

We submitted the new LMIA applications to Employment and Social Development Canada (ESDC) in January 2020 and the application was approved in February 2020. Processing time: one (1) month only – much faster than average processing time.LMIA

Needless to say, our clients were very happy with our work and the positive results. This company can now focus on building business and hiring Long Haul Truck Drivers which is where they should be spending their time & energy. The processing of LMIA applications includes strict guidelines and advertising requirements. As Alastair stated during his presentation at BCIT in Vancouver, if the LMIA is not done properly at first instance, it may be more difficult for this company to obtain a positive decision on future LMIA applications.

NOTE: LMIA applications have a high rate of refusal and we would recommend retained a competent law firm to assist. These applications are assessed based on labour market demands in specific regions and the ability of the company to find and recruit Permanent Residents or Canadian citizens. In this case, our clients could not accept further contracts and they were severely limited in its potential growth. Furthermore, these positions remained unfilled for a long period of time based on the incompetence of the previous law firm, causing unnecessary delays and expenses.

Fast Processing of LMIA Applications

We are very pleased with the work done by the Service Canada Officer with the LMIA approval. Given the previous work and the difficult immigration history, our clients were extremely happy with the fast processing time; however, we believe that if this company had retained us at first instance, it would have been faster.

The LMIA program is often plagued by long delays and onerous reporting requirements.  We were happy with the results with this corporate client and we look forward to assisting other businesses to overcome labour shortages so Canadian businesses can focus on their specialty.

Enhanced Travel Document

/in , , , , , , /by

The Manitoba government continues to provide “enhanced” documents that serve as alternatives to a Canadian Passport for crossing the border into the United States by land and/or water. In certain circumstances, this enhanced travel document makes it easy to travel between Canada and the USA. The enhanced features allow the individual to cross the border easily and efficiently.

Currently, the only Canadian provinces to offer the enhanced documents are Manitoba, Ontario and BC. As noted below, Ontario may be canceling their program in 2019. In my view, this document is a poorly understood and little-known document that is cheap and easy to get.

Features:

  • Alternative to a Passport;
  • Helps people cross easily over the border;
  • Less stuff in your wallet/ purse.

The Manitoba enhanced Driver’s Licence allows individuals to simply use their Licence to cross the border. We used to be able to do this when crossing into the USA; however, the laws changed so that regular (non-enhanced) Driver’s Licences are no longer sufficient to enter the United States:

By Land and Sea (including ferries) – Canadian citizens traveling to the U.S. by land or sea are required to present one of the travel documents listed below, and may generally visit the U.S. for up to six months. CBP will accept: Canadian passport, Enhanced Driver’s License/Enhanced Identification Card, NEXUS, FAST/EXPRES and SENTRI enrollment cards.

Ontario recently proposed to discontinue this service and they have eliminated this option:

Ontario is proposing to eliminate an enhanced driver’s licence that allows people to enter the United States at land and water border crossings without a passport.

The driver’s licence option was introduced in 2009, when the U.S. required passports or other secure identification for anyone crossing into the country by land or sea, but it hasn’t had the anticipated uptake.

British Columbia and Manitoba have enhanced driver’s licences, and Quebec used to, but phased out the program — other provinces rejected the idea because it was too costly or there wasn’t enough public interest.

If you or your contacts are interested in the enhanced travel document, please contact our office and we can help with the application.

Former Immigration Officer: “Gave Bad Advice for Money”

/in , , , , , , /by

As reported in the Windsor Star, former Immigration Officer Flavio Angelo Andreatta used a store as a “front” and provided bad immigration advice to clients. He was an unlicensed representative who should have known better and he has been sentenced in criminal court.

Here is an excerpt from the Windsor Star article:

Andreatta, a retired Canadian immigration officer grandfathered into the Canada Border Services Agency, would instruct clients to make cheques out to the cultural charity, headquartered at his Kingsville home. He would then make withdrawals from the society’s bank account, a fact that caused the group’s treasurer and former bookkeeper to resign in 2011.

Andreatta, who turns 68 next week, pleaded guilty in Superior Court Wednesday to contravening Canada’s Immigration and Refugee Protection Act by providing immigration advice for a fee. Only lawyers or people vetted by a sanctioned body can charge for that work.

As punishment, Andreatta will spend the next year on house arrest, followed by two years on probation.

Court heard Andreatta collected more than $25,000 for his services between June 2011 and December 2014.

Having the money flow through the Italian Genealogy and Heraldry Society was the “subterfuge” Andreatta used, federal prosecutor Paul Bailey told the court.

Having been an immigration officer in the past, Andreatta “certainly was in a position to know better,” Bailey said.

“He gave some bad advice for money.”

Authorities first learned of Andreatta’s activities in May 2012 when a woman who was an Italian national was denied a visitor’s visa. She had been working at the Caboto Club on a work permit that was about to expire. She was later deemed inadmissible to Canada because she had continued to work past the expiry date.

Clearly, this former Officer set up the charity with the purpose of deceiving the government and breaking the law. In my view, house arrest is too lenient on this gentlemen, no matter his health “ailments”, his background and his years of service. As stated in the article, “Only lawyers or people vetted by a sanctioned body can charge for that work.” Those described in the second part are sanctioned by ICCRC and they are subject to discipline by their professional organization. In my view, there are benefits to the system in the United States where they do not allow immigration consultants to represent clients.

Note that the decision by Superior Court Justice Kirk Munroe does not preclude the Law Society of Ontario from imposing additional punishment to the immigration officer and ordering separate fines for providing legal services in Ontario without a licence.

Law Society Act, R.S.O. 1990, Chapter L.8. Section 26.2 of the Law Society Act states as follows:

Non-licensee practising law or providing legal services

26.1 (1) Subject to subsection (5), no person, other than a licensee whose licence is not suspended, shall practise law in Ontario or provide legal services in Ontario.  2006, c. 21, Sched. C, s. 22.

26.2 (1) Every person who contravenes section 26.1 is guilty of an offence and on conviction is liable to a fine of,

(a) not more than $25,000 for a first offence; and

(b) not more than $50,000 for each subsequent offence.  2006, c. 21, Sched. C, s. 22.

 

MPNP – Moving Outside Manitoba

/in , , , /by

In April 2016, the Minister of Immigration, the Honourable John MacCullum identified the Manitoba Provincial Nominee Program (MPNP) as one of the most successful provincial nominee programs in Canada. This program is a partnership between the provincial government of Manitoba and the federal government to address the economic needs within the labour market. Over the years, the program has evolved considerably and it is regularly amended to reflect the ever-changing landscape of Manitoba.

The current MPNP system was launched at the beginning of 2015. At that time, the government made changes to ensure that successful applicants had sufficient ties to Manitoba. The government was concerned that applicants were applying to Manitoba with the plan to settle in this province and then, after they became permanent residents, they decided to relocate their families to other provinces. This is entirely allowable within the system. As soon as an individual lands in Canada and becomes a permanent resident, they have mobility rights that allows them to move anywhere in Canada, regardless of how the arrived.

MPNP and Mobility RightsMPNP

Almost every client of Clarke Immigration Law asks about mobility rights. After they are successful with a MPNP application, can they move to another province? They answer is that after they become a Permanent Resident of Canada, they have all the mobility rights of all permanent residents. These mobility rights are enshrined in the Canadian Charter of Rights and Freedoms.

To address mobility rights, the MPNP program scrutinizes applications to make sure that applicants have a genuine plan to establish themselves in Manitoba. If the province determines that the applicant simply seeks permanent resident status and that they are not serious about settling in Manitoba, then their application will be refused.

MPNP and Connections to Other Provinces

Prior to 2015, the points system for MPNP was based on connections to Manitoba and applicants received points based on their connections. With the constitutionally enshrined mobility rights, the province made changes to the province so that applicants with connections to other provinces lost points. Here are a few examples of clients who have lost points based on their experience in other provinces:

Abdul completed a university degree in Vancouver before moving to Manitoba. He has worked in Winnipeg on a Post Graduate Work Permit for 2 years and now he is applying under the MPNP program – Skilled Worker stream. Based on his studies in BC, he loses 100 points in his MPNP application.

Another example:

Ms. Li has been trying to be with her sibling in Canada for many years. Before, her sister lived in Toronto and she applied under the Ontario Provincial Nominee Program (OINP). That program was then suspended in May 2016 based on the needs of the labour market in Ontario. Ms. Li’s sister has moved to Winnipeg and they want to apply under the MPNP program with a new application. In this case, Ms. Li will lose 100 points based on her previous application to Ontario.

Genuine Connections to Manitoba

On 8 June 2016, we met with the Director of the MPNP program to discuss changes to the program. One point she raised is that too many applicants are not showing “genuine connections” to Manitoba. In other words, when MPNP does their investigation into the applications, the Manitoba residents who support the application cannot prove a genuine relationship. This may have negative consequences for the applicants and also for the permanent residents or Canadian citizens who are sponsoring the application

Questions?

If you have any questions regarding the above information, please contact our office directly.

Clarke Law: Experienced Immigration Lawyer

/in , , , , , , , , , /by

Clarke Immigration Law assists clients come to Canada as Permanent Residents and as Temporary Residents. The applications for the various stream are completely different and require specific expertise. We help by providing an experienced immigration lawyer to guide you through the Canadian immigration system and give you the best chance of success.

Immigrate to Alberta

experienced immigration lawyerAlastair Clarke was born and raised in Edmonton, Alberta – a vibrant city in the prairies. The city is the gateway to the north and provides services to many Temporary Workers (TFWP) on their way to Fort McMurray and the oil sands. Alberta has been booming for many years and there are many good jobs. Unemployment in Alberta is among the lowest in Canada. We provide assistance for those interested in Alberta because Mr. Clarke is an experienced immigration lawyer with the benefit of living and working in Alberta.

Immigrate to BC

Mr. Clarke moved from Alberta to British Columbia (BC) for university. He graduated with a Bachelor of Arts degree (Philosophy; Spanish) at the University of Victoria in the capital city of BC. Canada’s western-most province is the gateway to the East. There are many flights to Beijing, Shanghai, Tokyo and other metropolitan centers in Asia. While at the University of Victoria, Mr. Clarke was the Student Coordinator of the Peer Helping Program, worked with the Office of the Ombudsman on legal issues and helped International Students. These students successfully received Study Permits to study in BC. He helped these students from India, China, Nigeria, Poland and other countries in the world.

After Victoria, Mr. Clarke moved to VanWinnipeg Immigration Lawyercouver – the largest city in BC and one of the most beautiful cities in the world. Vancouver is called “Hollywood North” because it has a thriving movie industry and TV industry. Many shows, including iZombie, Once Upon a Time and Arrow, are filmed in Vancouver and it is quite common to just stumble upon a productions crew in action.

Immigrate to Ontario

Mr. Clarke moved to Ontario and graduated just a Juris Doctor (J.D.) degree from Queen’s University in Kingston, Ontario. Kingston is a historic city on the Canadian border with one of Canada’s oldest military base and a vibrant downtown core.

In Ontario, Mr. Clarke has lived in various locations in Toronto and Kingston. Toronto is a vibrant city with a rich multicultural mosaic. On any day, you can take the subway and listen to Urdu, Cantonese, Tamil, Spanish and French. The city expands in every direction and there are distinct neighbourhoods akin to New York. Manhattan has the Tribeca; Toronto has the Entertainment District. Manhattan has Chinatown; Toronto has Little Korea.

Mr. Clarke lived in Toronto for many years and practiced immigration and refugee law at one of Canada’s top boutique law firms on Bay Street. He assisted clients from Nepal, Iran, Iraq, India, Pakistan, Israel, Russia, South Africa, the USA, China, Vietnam, Ukraine, St. Lucia, Guyana, Mexico and many other countries. He is one of Manitoba’s most experienced immigration lawyers and he can help you and your family.

Immigrate to Manitoba

In addition to Alberta, British Columbia, Ontario and Quebec, Mr. Clarke now lives in the capital city of Friendly Manitoba: Winnipeg. Winnipeg is the located at the heart of North America. It is a center for Aboriginal Culture with a vibrant arts community. Winnipeg has a spectacular historic downtown with Parisian architecture. The Exchange District is booming with chic restaurants and cafes.

Mr. Clarke’s law firm is located in Osborne Village in Winnipeg – the neighbourhood was ranked the “Greatest Neighbourhood” in Canada by CBC in 2012. Osborne Village is a community where everything is at your fingertips. Boutiques and cafes line the streets with trendy fashions and souvenirs. In the winter, Osborne Village has access to the Assiniboine River and you can skate along the river to downtown.experienced immigration lawyer

Manitoba is a stable, peaceful province that is perfect for professionals and families. The school system is welcoming to children from all over the world. Winnipeg’s neighbourhood of St. Boniface is French. The Louis Riel School Division is 100% in French and there is a strong community from Burundi and Congo.

Manitoba boasts 4 seasons and the ever-changing weather of the prairies. Summer is festival season and there are international activities, music and events from every culture. Folklorama is a must-see. In Fall/Autumn, the Elm Canopy – which is one of the only remaining in the world – turns from green to orange and yellow in the Fall. International Students arrive to the University of Winnipeg and the University of Manitoba on Study Permits. The international-acclaimed Museum of Human Rights is perfect for a winter day. Spring is a wonderful time in Manitoba with flowers and everything blooms.

Manitoba has a strong economy boosted by the Canadian Mint, the International Centre for Infectious Diseases, the Museum of Human Rights, the Winnipeg Art Gallery, the pork Industry and many other cutting-edge businesses.

Retain an Experienced Immigration Lawyer

Mr. Clarke has lived in 5 of Canada’s 10 provinces so there are still more places to explore. Eastern Canada, including the provinces on the Atlantic Ocean are also vibrant with their own unique culture. Sask has a booming economy with the Potash Industry and there are many jobs. Mr. Clarke has assisted many clients who live in Sask and assists as an experienced immigration lawyer.

Immigration to Canada can be one of the best changes in your life and the life of your family. But it can be a daunting task. Clarke Immigration Law assists individuals and businesses come to Canada – and stay in Canada. We provide an experienced Immigration Lawyer to help you through the process.

Contact us for more information.