The Canadian Society of Immigration Consultants (CSIC)
was vindicated as the "gatekeeper to the profession
of immigration consultant(s)" last month.
In a landmark decision, the Federal Court of Appeal reaffirmed CSIC as the sole
regulator of authorized immigration consultants; thus ensuring its role in providing
consumer protection for current and future immigrants by its "well educated,
accountable and ethical" membership.
"This decision hopefully ends a long-standing legal
quagmire and allows us to continue the business of regulating
the profession with renewed zest and zeal," said CSIC's
Chairman, John Ryan.
The Federal Court's decision comes after 3 years of legal
dispute.
In 2005, the Law Society of Upper Canada (LSUC) took CSIC,
the Minister of Citizenship and Immigration (CIC) and the
Attorney General of Canada to court, contesting CSIC's authority
to regulate immigration consultants.
That application was dismissed a year later, yet the matter
was then referred to the Federal Court of Appeal, again by
the LSUC, who heard the case and rendered its decision on
July 18, 2008.
In its rulings, the Federal Court of Appeal affirmed that
the government specifically distanced itself from CSIC, and
no “reasonable person would conclude otherwise."
Furthermore, it ruled it to be entirely appropriate for
the Minister of Citizenship and Immigration (CIC) to take
the initiative in designing and putting in place - through
CSIC - the "legal, financial and institutional means" of
tackling the serious issues presented by unregulated immigration
consultants.
The Federal Court of Appeal recognized that by delegating
functions to CSIC - an independent, self-regulatory body
- problems could be addressed and responded to quickly.
"CSIC is extremely pleased with the judgment and hopes
that this will put to rest some of the concerns expressed,
while paving the way for a new era of cooperation and productive
relationships with all of our partners and stakeholders',
added John Ryan.
The ruling has come on the heels of a report released from
the Canadian House of Commons earlier this year, which found
that because of a lack of regulations, many people are acting
as immigration consultants even though they do not have the
qualifications or skills required.
“This industry needs to advertise itself as a consumer
protected industry so that the public is informed. There
are far too many unlicensed operators charging exorbitant
fees to unwitting people, and of course when an operator
is not licensed they are also free to work against Canada’s
immigration laws. This ruling enables CSIC and licensed professionals
to advance the public's awareness to the next level,” says
Peter Meingast, CCIC, FCMI, Principal of Galt Global Immigration.
Citizenship and Immigration Canada established the regulatory
body, CSIC, in 2004 in an effort to crackdown on rogue consultants
who operate under the guise of being able to get people into
Canada as immigrants and temporary workers in exchange for
money.
CSIC currently has 1300 members, all certified immigration
consultants. All consultants who charge a fee to represent
an immigration applicant are required to register with CSIC,
with the exception of lawyers and Quebec notaires.
For a copy of the decision or for more information on CSIC, go to: http://www.csic-scci.ca.
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