Summary: The article is about the exploitation of foreign workers by certain consultants and practitioners and the lack of regulation and oversight in the industry. The author has personal experience with this issue and testified before the Parliamentary Standing Committee on Immigration. The author suggests that the government needs to improve regulation and oversight, but bringing consultants under the supervision of lawyers or eliminating the industry altogether may not solve the problem. The real issue is the lack of enforcement by agencies like CBSA, who are not doing enough to bring these scofflaws to justice.
"The only thing necessary for the triumph of evil is that good men do nothing." -Edmund Burke
A recent Globe and Mail article about the exploitation of foreign workers and the "industry" that has sprung up to take advantage of these vulnerable individuals is not terribly shocking; and, now, after so many years bearing witness to it all, it fills me with weary resignation rather than anger.
I discussed some of these transgressions during my testimony before the Parliamentary Standing Committee on Immigration (CIMM) two years ago. Unlike the CBA, I did not argue for the elimination of immigration consultants altogether and restrict the practice of immigration services to lawyers alone. My position was, in fact, almost entirely endorsed by Lorne Waldman, the next witness, and perhaps the most respected immigration lawyer these last couple of decades. I suggested that regulation and oversight be improved, with additional training for consultants that sought to appear before the Immigration and Refugee Board.
Going back to the the Globe article. It discusses nefarious actors like Kuldeep Bansal -there are many others but he perhaps exemplifies the apex (nadir?) of that sordid industry that preys on the hopes and dreams of migrants and workers. As an aside, I helped my clients (temporary foreign workers brought here to work in non-existent jobs) sue Bansal many years ago. Even then he had significant real estate holdings -even in Alberta. But, clearly, that law suit (and the others subsequent) had zero effect on him. Migrants seeking a better life for themselves and their families have underwritten his real estate empire and their tears fuel his Lamborghini (I'm always a little suspicious of First-Gen owners of supercars, I can't quite articulate that feeling fully though).
There is Bansal over in BC, but there are many wanna-be Bansals in every major city in Canada. There was one such mini/wanna-be-Bansal in the northeast of Calgary, and, surprisingly, after many complaints both to CBSA and ICCRC, she was removed from the rolls as a registered consultant at the end of last year. There are also many mini-/wanna-be-Bansals in Edmonton.
Who these individuals are and what they've done and the lives that they've ruined are basically open secrets within the ethnic communities. They usually prey on their own. Many of their victims are in fact willing victims, hoping against hope, that they win the prize of Permanent Residency despite the machinations employed. Many of these individuals are shameless in terms of advertising their services, and ethnic media have no guilt in accepting their blood money. Open up ethnic newspapers and you'll see full page advertisements promising the sun and the moon; tune in to ethnic radio and you will hear all about their successes.
Many decry the sad and sorry state of consultant regulation which has been attempted many times. The Parliamentary Committee that I appeared before has released a report on this issue entitled "Starting Again: Improving Government Oversight of Immigration Consultants".
But this is not just about the incompetence of ICCRC, the consultant regulatory body. CBSA too bears much of the blame. They have allowed this industry that preys on the vulnerable to exist, even to thrive, because these villains, these fraudsters, know that prosecution is unlikely. In my experience, it seems that CBSA goes for the low-hanging fruit. They are far more likely to charge a hard-working Filipina live-in caregiver with working without authorization -providing some assistance outside of their employer's residence- than they are to go after these successful snakes in their gilded offices. If CBSA actually carried out their mandate, which includes investigation and enforcement (there are more than enough tools and weapons within the IRPA) hundreds of lives would not have been ruined. Deterrence will work if these sordid characters are brought to justice. Instead, they are likely snickering up their sleeves at the seemingly emasculated CBSA.
It is not so simple either as suggesting, as some lawyers will, to bring registered consultants ("ghost" consultants obviously aren't covered by this ingenious plan) under the supervision of lawyers or to eliminate immigration consultants altogether.
Further, I think it's a bit of a pipe dream that the Minister will wave a magic wand and eliminate consultants altogether. Consultants existed before regulation and many will ply their trade even if the practice is restricted to lawyers. It seems clear that consultants are here to stay, albeit to be under greater scrutiny.
Remember, the individuals exploiting migrants are criminals, and bringing them under the guidance or supervision of a lawyer will not make them into ethical practitioners. These are criminals and probably wouldn't lose any sleep if their license is stripped or if the entire immigration consultant industry is eliminated. They are criminals and must be treated as such and must face the punishments and deal with the penalties reserved for their ilk.
The reality is that individuals like Bansal will always exist. The real question is: Why are enforcement agencies sitting on their hands? Why have these people not been brought to justice? As it stands, it seems that journalists are protecting the public more than the agency tasked with the responsibility to do so.
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