Dear Members,
As we approach the conclusion of the 2023-2024 OBA Citizenship and Immigration Law Section cycle, we are delighted to provide you with updates on our accomplishments and ongoing initiatives. Your active participation and dedication have been instrumental in advancing our collective goals, and we are committed to building on this momentum in the year ahead.
This year, we have reached significant milestones that highlight our dedication to excellence in immigration law. Our accomplishments include successful advocacy efforts and the creation of opportunities for professional development, all demonstrating our steadfast commitment to serving our members and the broader community.
Our subcommittees have been pivotal in launching targeted initiatives that address critical issues facing our field. These efforts aim to enhance member engagement, foster innovation, and advocate for policies that uphold the highest standards of legal practice in immigration law.
Subcommittees and their ongoing Initiatives
CBSA
The purpose of the CBSA subcommittee is to maintain and encourage a robust liaison between the CBSA and the OBA. We ask our members to share their concerns, comments, and feedback on issues of importance to their practice, which we raise in our meetings with the CBSA-GTEC team. The minutes of our meetings are also shared with our members via the Listserv.
We met with CBSA on November 23, 2023, and have another meeting scheduled for June 26, 2024.
The first meeting was attended by Sajjad Bhatiti, Acting Director for Immigration Enforcement Operations Division, and his team, including:
- Assistant Directors for the Detentions Program
- Acting Assistant Director of Removals
- Acting Assistant Director for Hearings
- Acting Directors for Investigations
- Strategic Advisor to the Director of Immigration Enforcement Operations Division
The issues discussed revolved around various operational and procedural concerns with the CBSA and GTEC. These included:
- Long delays and cancellations for inadmissibility interviews and the need for better communication and rescheduling options;
- Delays in deferrals for medical assessments;
- Timeliness issues with call-ins and Directions to Report for Removal;
- Concerns about privacy during interviews;
- Execution of warrants and contact procedures for self-reporting clients.
We also made requests for the following:
- Information sharing protocols between IRCC and CBSA;
- Procedures and timelines for deferrals of removals pending certain applications;
- Procedures for childcare when parents are detained;
- Comprehensive statistics on removals, deferrals, stays, and approvals;
- Statistics related to the detention of individuals with criminality, including the location and number of detainees, and updates on post-COVID procedures;
- Access to officer manuals and training materials for deferral assessments;
- An updated contact list for GTEC, including contact information for inquiries and deferrals; and
- Tips on alternatives to detention and the situation in Ontario and provincial jails.
At this meeting, Sajjad Bhatti emphasized his commitment to keeping these meetings ongoing as part of his leadership and said that he aims to continue building a partnership with stakeholders.
The follow-up meeting, scheduled for June 26 at 1 pm, is to address pending issues that CBSA either said they would get back to us on or issues that were not adequately addressed at our first meeting.
So far, we have managed to establish a very good rapport with CBSA-GTEC. The goal is to maintain open channels of communication, with an open forum where the OBA can raise issues from the counsel community.
OINP
The Ontario Immigrant Nominee Program subcommittee was also very busy during 2023-2024 term. The team produced a number of complex submissions to exercise their influence on policy and lawmakers. They made submissions on the following:
- Recommending changes to the Entrepreneur stream and the Employer Job Offer streams to better support Ontario business and the trades.
- Increasing employer participation in the Ontario Immigration Nominee Program
- Policy Changes Affecting International Students
ESDC/SC
In the previous cycle, the ESDC subcommittee successfully implemented monthly meetings where they devised a strategy to engage not only executive members but also our broader section membership through our listserv. These meetings were pivotal in formulating the subcommittee’s approach to contacting ESDC (Employment and Social Development Canada) this year. Looking ahead, the team aims to sustain this momentum and establish regular meetings with the department. This proactive approach will allow the subcommittee to strengthen their outreach and advocacy efforts within our community.
IAD
In the previous cycle, the subcommittee made significant strides in addressing procedural fairness within the Immigration Appeal Division (IAD). The key focus was on refining procedures to ensure they are equitable and timely. For instance, there was a concerted effort to clarify the process for handling successful appeals by the immigration department. Additionally, the team scrutinized how the IAD categorizes cases into streamlined pathways like 'paper hearings,' recommending increased disclosure from CBSA to both the court and appellants. These efforts aimed to enhance transparency and efficiency in the adjudication process.
POE
In the previous term, the POE subcommittee successfully arranged quarterly meetings with Pearson - CBSA. The inaugural meeting was scheduled for June 19, 2024, and the subcommittee aims to maintain regular meetings in the future.
Cross Section Networking
This year, the Cross-Section Networking Committee focused on strengthening connections with colleagues from the Ontario Bar Association’s Criminal Law Section. The sections collaborated on a joint CPD program scheduled to take place in-person at the Ontario Bar Association. They seized this opportunity to facilitate networking and socialization between the sections. Consequently, on April 30, 2024, following the program "Navigating the Intersection of Immigration Law and Criminal Law: Canadian and US Implications," the subcommittee hosted a delightful evening of discussion and connection with members of the Criminal Law Section. During this event, they explored their overlapping practices and the intriguing intersections highlighted by the panelists during the CPD program. The networking opportunity was well received by members of both sections, and they look forward to offering similar opportunities for our members to connect with professionals in overlapping areas of law next year.
Newsletter Initiatives
Central to our section's mission is the empowerment and comprehensive support of junior lawyers on their legal journeys. This past year, the Newsletter editors launched the "Unlocking Practice Management Essentials" project, featuring interviews with various immigration law practitioners and firms. These discussions delved into their professional journeys, best practices, and challenges overcome.
The insights and experiences shared through these interviews offer invaluable guidance to junior lawyers aspiring to establish successful practices in immigration law. Alongside this series, the editors published additional articles aimed at keeping our members informed and equipped with ongoing resources.
Moving forward
As we look forward to the upcoming year, our focus remains on expanding our impact and addressing emerging challenges in immigration law. We are excited to continue our collaborative efforts through ongoing projects and initiatives designed to promote legal excellence and support our members' professional growth.
We extend our sincere gratitude to each of you for your contributions to the 2023-2024 OBA Citizenship and Immigration Law Section. Together, we are shaping the future of immigration law in Ontario and beyond.
Any article or other information or content expressed or made available in this Section is that of the respective author(s) and not of the OBA.