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Scandal around the Society of Immigration Consultants

Scandal around the Society of Immigration Consultants

On October 31, the chairman of the board of directors of the Canadian Society of Immigration Consultants (CSIC), Ben Trister, announced his resignation. Along with him, another board member, two executive directors, and a public administration expert also resigned.

In an interview with CBC News, Ben Trister said that he resigned because he believes that the board members are mismanaging the organization. “The more people learn about what is happening there, what salaries are being paid, and what decisions are being made, the clearer it becomes that these people should not be allowed to continue running this organization,” he said. In particular, Trister was outraged that board members had set themselves a salary of 60,000 Canadian dollars a year for work that consists of attending a board meeting once a month. Another resigned member of the society put it even more bluntly, calling the board of directors “out of touch with reality.”

In his angry resignation letter, which Ben Trister sent to the government, he stated that the situation in the Society of Immigration Consultants is completely clear to him. That it is not a problem of growth, but a fully formed policy pursued over a long period by the leadership of the society. Ben Trister also warned the government that the Canadian Society of Immigration Consultants is in danger.

When the Minister of Citizenship and Immigration, Joe Volpe, was asked to comment on the situation, he replied that he could do nothing, since the Society of Immigration Consultants is an independent non-profit corporation (note this remark; we will return to it later).

Let us recall that the Canadian Society of Immigration Consultants was created two years ago by a decision of the federal government of Canada. Its purpose was to introduce official regulation and oversight of the activities of consultants providing paid immigration advice (see more in “Zagranitsa” No. 20(229) of 2004). The Minister of Citizenship and Immigration of Canada, who was at the time Denis Coderre, personally appointed Ben Trister and 8 other members of the Board of Directors, who were tasked with creating and managing the society. More than 1 million dollars of initial capital was allocated for these purposes.

The very fact of yet another scandal in an official Canadian organization is not surprising. Against the backdrop of revelations that rained down with enviable regularity on the Liberal Party and led to the dissolution of the government, this is no longer something unusual. The fact that the leadership of such a serious organization, moreover endowed by the Canadian government with absolute regulatory powers, turned out to be dishonest and greedy for money is also not news. What is disconcerting is different - the nature of the relationship between the Ministry of Citizenship and Immigration of Canada on the one hand, and the Canadian Society of Immigration Consultants on the other. Extremely strange is the fact announced by the Minister of Citizenship and Immigration of Canada, Joe Volpe, that this regulatory organization is completely beyond the control of its creator - the Ministry of Citizenship and Immigration, which had also allocated considerable money for its creation and functioning. And this cannot but raise questions.

The Canadian Society of Immigration Consultants was created to license and regulate the activities of workers in this service sector, which is good in itself, as it provides at least some barrier to incompetent and simply dishonest people. However, this kind of activity, especially in a field as sensitive for Canada as immigration, must be carried out with special diligence and responsibility. And this organization, in our opinion, should be under the control of the Ministry of Citizenship and Immigration of Canada and a public council convened from representatives of interested public organizations. None of this is observed; on the contrary, the Canadian Society of Immigration Consultants turned out to be completely uncontrolled. By what criteria licensing is conducted, how control over the activities of immigration consultants is exercised, how effective the work of the society is - all this is left to the society itself. Moreover, according to the Immigration Act, only licensed members of the Society of Immigration Consultants and licensed lawyers can officially represent clients before Canadian immigration authorities.

Obviously, the situation is abnormal and it clearly will have consequences. What could the consequences be? Several options are visible.

Perhaps a reorganization of the Society of Immigration Consultants will be carried out, changing its status and principles of functioning. In theory, this is the most sensible step. An organization that would regulate the activities of immigration consultants, as well as the existence of the very institution of immigration consultants, is vitally necessary. No matter how much has been argued and written on this topic, professional help from immigration specialists is most often a condition for the successful completion of the immigration process. The only question is whether anyone will undertake such a complex and responsible task as reorganizing the Society of Immigration Consultants when the Canadian political system itself is in its most severe crisis in the last quarter century?

The second scenario for resolving the current situation may turn out to be the most likely under present conditions. This refers to the dissolution of the Society of Immigration Consultants, or at least the suspension of its activities for an indefinite period. The fact is that when the decision to create it was made, many spoke out against it. Some believed that it is up to each immigration applicant to decide whom to turn to and whom to pay money, and no licensing is required. Others, on the contrary, believed that only licensed Canadian lawyers should officially represent clients before Canadian immigration authorities. They argued their position by noting that, unlike Canadian lawyers who value their license, membership in the Society of Immigration Consultants is fairly easy to obtain, and becoming a licensed immigration consultant does not take much effort, which reduces their responsibility. Apparently, in the current situation, these arguments will surface again, especially since there are other issues with the Society of Immigration Consultants besides the exorbitant appetites of its board members.

Another possible scenario is that no action will be taken regarding the Society of Immigration Consultants. However, given that this organization was created under the patronage of the Liberal Party of Canada, government money was invested in it, and the nature of the conflict is also financial (like other financial scandals that led to the fall of the Liberal government), this scenario seems unlikely. Therefore, one should apparently still expect serious upheavals in the Society of Immigration Consultants.

Now let us consider a purely practical aspect concerning those who are planning to apply for immigration to Canada and who need professional help. Naturally, the developing situation in the Canadian Society of Immigration Consultants and the vague prospects of its further existence raise questions and understandable concern. However, in our opinion, there is no need to panic entirely and abandon the intention to use the services of immigration consultants. We believe that organizational conclusions regarding the Society of Immigration Consultants will not be drawn tomorrow or the day after, if they are drawn at all. We also do not think that, in connection with possible upheavals, immigration consultants will be stripped of their licenses or, moreover, of the ability to see their clients' cases through to the end. Although such a scenario is possible, it is nonetheless unlikely.

And finally, if you want to be sure that no surprises await you in the future, we recommend using the services of a licensed Canadian lawyer; this is the most reliable path. At the same time, of course, it is necessary to first analyze all available information and form your own opinion about how competent and responsible the specialists you turn to for help are.

Elena Ryabinina.
"Russian Toronto"