回复: 龙城飞将TIM不叫胡马度阴山 19日康尼嫌积案碍事拖慢经济
关于集体诉讼-----康尼部长都做了些什么导致的积案问题？？
News Release
“Class-Action” Lawsuit concerning
Jason Kenney’s abolishing 86,000+ Federal Skilled Worker Applications
On Tuesday, September 18th, Justice Barnes refused to enjoin CIC from acting on the provision
Jason Kenney tucked into Bill C-38, the budget implementation bill, abolishing the immigrant
visa applications of 86,000+ skilled workers, who had been waiting in the immigration queue for
four to eight years. Justice Barnes did not, however, rule on the legality of the provision closing
the FSW applications. A different judge will make that ruling sometime in mid- to late-2013.
Applicants’ counsel were seeking an injunction barring CIC from (a) destroying the FSW files and
(b) refunding the processing fee so long as the matter was before the courts. CIC told the Federal
Court that it would not destroy the files for two years, obviating any need to enjoin it from doing so;
and Justice Barnes dismissed applicants’ counsels’ concern that, if FSW applicants cashed the refund
cheques, they would lose their right to have their files processed if the applicants’ litigation prevailed.
Justice Barnes stated that, in his view, all they would have to do would be to repay the refund
cheque and their file would be reinstated. Justice Barnes appears to fear upsetting Jason Kenney
by impeding his effort to abolish as many files as he can in order to have a “just in time” process.
Applicants’ counsel themselves were not united on the need for such an injunction, believing, as
Justice Barnes ruled, that their litigants interested were protected. The real need for the injunction
was for the FSW applicants who have not joined the litigation. If they cash the refund cheque,
applicants’ counsel fear, the FSW applicants will be signing away their right to have their files
processed. Justice Barnes cited no authority at the hearing to support his view that all they would
have to so would be to repay the fee. If he truly believes what he said, Justice Barnes will affirm
this view in his written reasons for denying the injunction. Justice Barnes did state, however, that
applicants’ counsel may raise the issue again if CIC reverses its pledge not to destroy the FSW files
for two years.
The injunction was needed because the Federal Court has not ruled on whether the litigation
should proceed as a true class-action lawsuit or as individual litigants moving forward together.
In a class-action, all members of the class will receive the same benefit if the litigation prevails. In
managed litigation, the ruling will only govern the fate of those who joined the litigation, leaving
those who have not joined out in the cold. The Court set the hearing on class certification for
November 16th.
Justice Barnes reiterated his preference for managed litigation over a class-action lawsuit. Justice
Barnes had previously stated that, because, if the Court strikes down the provision closing the FSW
files, the result would affect all FSW applicants, there is no need to certify a class. That view,
however, presumes that those who cash their refund cheques will not, by so doing, have effectively
abandoned their immigrant-visa application.
…/2
45 Sheppard Avenue East Suite 900 Toronto, Ontario Canada M2N 5W9
Tel: +1 416 226 9889 Fax: +1 416 226 2882 Email:
contact@unfairCIC.com
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The real importance of Tuesday’s hearing was Justice Barnes’ view on class-certification because he will
be making that ruling. If Justice Barnes refuses to certify a class, it will mean that the 86,000+ impacted
FSW applicants will each have to file a court case. Not only will their having to do so mean that
they will have to pay a not insignificant sum to a lawyer to represent them, it will also mean that
the Federal Court will have to create files for as many as 86,000 applicants or roughly ten times
the number of files it ordinarily handles in a year. The logical burden would be crushing.
In addition, Justice Barnes appears to have fallen hook line and sinker for Jason Kenney’s gross
misrepresentation of the FSW issue. Justice Barnes stated that the immigration program is broken
and needs to be put back on track, appearing to approve of Jason Kenney’s approach: barring the
door to Canada to 86,000 applicants and their dependants, who have been waiting five to eight
years to immigrate. Four of those years were Mr. Kenney’s own making because, in February
2008, he announced that he would process newer applications before processing the older ones.
Had he not done so, most of applicants whose files he has closed would already be in Canada.
Based on CIC’s own statistics, all of the FSW applications as of 31 December 2011 could be processed
in 17 months if they processed them at the same rate as in 2009 or in 34 months if processed at
the same pace as in 2011. Thus, Jason Kenney is exaggerating the problem in order to con the
gullible or wilfully blind into believing that Canada must cheat 280,000 people in order to have
an efficient immigration program in order to have our immigration train running on time.
http://www.data.gc.ca/default.asp?lang=En&n=5175A6F0-1&xsl=datacataloguerecord&metaxsl=
datacataloguerecord&formid=FD6F93ED-6249-42A4-AC30-5A1A7AA48389
Although Jason Kenney’s hometown newspaper, the Calgary Herald, chided him on July 16th for
taking this cynical approach, it fell for his canard that the backlogged immigrants lack the employment
skills Canada requires. However, CIC has never proven that the 29 occupations it claims to be in
the highest demand are, in point of fact, in higher demand than those Kenney excluded; and my
own research, which put before the Court, has proven that they are not. In addition, CIC’s own
witness in my litigation conceded that 12 of the 17 professional occupations require licensing
before they may practice their profession; e.g., doctors. In addition, CIC own studies reveal that
only 36% of skilled worker immigrants follow their previous profession once they are in Canada,
and CIC’s August 2010 report found that the income of those who had immigrated before Kenney
restricted the occupations is significantly higher than the income of those who had earlier been
selected on the basis of their occupation as well as higher than the average Canadian income.
../3
Federal Skilled Worker Inventory, 6 January 2012
2004 to
26Feb 2008
27Feb08 to
25 Jun10
26Jun10 to
30Jun11
1July11 to
6Jan12 Total
105,491 43,994 9,371 5,495 164,351
Federal Skilled Worker Applications Processed
2006 2007 2008 2009 2010 2011
79,447 70,900 72,326 114,549 93,242 57,253
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Jason Kenney revealed in May the true purpose behind for his abolishing 86,000+ FSW files on
the floor of the House of Commons when he unabashedly declared: "… when this government
came to office in 2006, after 13 years of Liberal neglect and incompetence with respect to our
immigration system, we inherited 840,000 people waiting in the Liberal immigration backlog for
decisions for up to seven or eight years. … Thanks to the action we have taken, consistently
opposed by the Liberal Party, we have managed to cut the skilled worker backlog in half. Now
we are going to a just-in-time immigration system that will accept newcomers within months
rather than years. We are cleaning up the Liberals' mess.”
http://openparliament.ca/debates/2012/5/17/jason-kenney-1/only/
Not all applicants’ counsel participated in the motion. Tim Leahy, who initiated litigation last
October on behalf of roughly 1,000 of those whose files Kenney abolished five months later, did
not join because he is waiting for Justice Barnes to rule on his motion, asking the Court to enforce the
Agreement CIC and he had signed in February, promising that the decision in the lead case, Liang,
would govern how the other litigants cases were handled. CIC has refused to abide by the
Agreement with respect to those whose files Kenney closed on June 29th after Justice Rennie had
ruled in their favour. If Justice Barnes grants the motion, his litigants will have their files
processed and, thus, will not need to particulate in the “class action”.
The unfairCIC.com litigants’ position is two-fold: First, because their files had not been closed
when Justice Rennie ruled in their favour in Liang, the have a vested right to have their files
processed within six months. Immigration, while refusing to do so, did not deny that they have
this right. The question, therefore, is whether Justice Barnes will enforce the Agreement, CIC and
Mr. Leahy signed and filed with the Federal Court, or whether he believes his duty is to do as
Jason Kenney directs.
Their second argument is, because Justice Barnes issued an order on April 25th to have the matter
heard in the lead case and had ruled on December 7th that order in one case applied to all the
cases proceeding together, the law requires him to set the other 1,000+ cases down for hearings.
Although Immigration Canada had initially claimed that the April 25th order did not apply to the
other cases, it withdrew that argument. Therefore, both sides agree that the law requires Justice
Barnes to set the cases down for hearings unless the enforces the Agreement.
However, in view of Justice Barnes’ comments at the September 18th hearing on the injunction,
revealing a reluctance to rule against the wishes of Jason Kenney, there is no certainty that he
grant the motion seeking to require CIC to honour the Agreement it filed with Justice Barnes. In
the legal apartheid of immigration law, decisions on motions may not ordinarily be appealed.
Thus, Justice Barnes has, in effect, carte blanche to rule anyway he wishes.
CIC’s major objection to the motion is the fact that applicants have joined the unfairCIC.com
litigation since the June 14th decision in Liang. At this point nearly 400 have done so after
Justice Barnes stated on June 26th that they may do so. This concern reveals that CIC knows
that Justice Barnes has the authority to enforce the Agreement because, if he did not, the litigants
would become a part of the “class-action” lawsuit, which has the potential of having 85,000+
litigants, but it would not matter whether those 400 were a part of the group Tim Leahy
represents or of one of the other lawyers.
…/4
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The approach, therefore, Justice Barnes took at the hearing on the injunction is more important
than the ruling itself. The more important decisions he will take will be on the motion seeking to
enforce the Agreement for the unfairCIC.com group and on the issue of permitting a class-action
lawsuit. The former can come any day now; the latter, not until late November at the earliest.
Justice Barnes revealed on September 18th that he is not comfortable ruling against Jason
Kenney, preferring instead to have counsel for both sides reach their own agreement. The test of
this approach, however, will come when he rules on the unfairCIC.com motion. If Justice Barnes
refuse to enforce the Agreement, he will make clear that applicants’ counsel should never sign an
agreement with Immigration Canada because it may break the agreement, and the Federal Court
will stand idly by, looking the other way. Likewise, if Justice Barnes refuses to enforce the
Agreement and refuses to set the other litigants’ cases down for hearings, he will demonstrate that
“managed proceedings” area fraud.
Therefore, although Justice Barnes’ denying the injunction is meaningless in so far as the actual
litigants are concerned because CIC has agreed not to destroy the files only those who cash a
refund cheque may be at risk how he rules on the unfairCIC.com motion will affect how applicants
should proceed in the challenge to the closing of their files, making a true class action as the only
credible, viable option. While the optics of the ruling will inflict Angst on those whose files have
been closed, it has no bearing on the merits of their cause. And, if CIC keeps its word and Justice
Barnes’ puts in his written reasons that cashing a refund cheque will not mean that they have
abandoned their FSW applications the injunction would have been redundant anyway.
、
印度申请人一大堆，请律师的有几个？咱国的请律师的比例？所以这是一种吓退法。我只是觉得他对“结案”一词理解得对，另外，我们91的的确不是康尼的重中之重，即使处理积案，也是捎带着办的，不会很有效率。但是，OSMANTHUS同学认为康尼部长有魄力对加国贡献大，我觉得头脑简单。歌乐山的枪手周克华对他的女朋友非常效忠，为了她的幸福不惜打劫枪杀无辜，抢来的钱都如数交给女友。在周克华女友眼中，他是贡献大了，可是对其他人祸害也大了。
