At the end of March, the CBA National Immigration Law Section made a submission in response to the Citizenship and Immigration Committee’s study of the regulatory framework surrounding immigration consultants.
The CBA has supported the role of professional immigration consultants, provided they were effectively regulated. However, after two failed attempts at regulation, the CBA has withdrawn its support. Given the vulnerability of the consumers of those services and the seeming inability to effectively regulate consultants, it now says only lawyers should be permitted to provide expert advice to immigrants.
In May the Section wrote to the Committee, in response to a letter from the Canadian Association of Professional Immigration Consultants, reiterating its argument that only lawyers should be permitted to provide immigration law services, but acknowledging the impact of its recommendations on CAPIC members.
“In view of the critical importance and challenges in maintaining access to justice, further study is required on the possibility of an ongoing role for those currently working as immigration consultants and paralegals,” the letter says.
For example, paralegals who are members of a law society and working under the direct supervision of a lawyer could perform a limited scope of tasks if they were adequately educated and trained in immigration law.
“Our recommendations apply only to services offered for remuneration, and do not include immigration services offered for free, and in good faith, by community non-governmental organizations such as settlement agencies,” the Section adds.
“We share CAPIC’s desire to work constructively towards an effective resolution of this issue, in a professional and collegial manner.”