Heron Law Offices’ co-founder and immigration and refugee lawyer Will Tao recently joined the Jas Johal Show on Global News to discuss the surge of immigration cases overwhelming Canada’s Federal Court. Here is the link to the interview, starting from 49:00.
In the interview, Will highlighted several key points:
- Massive growth in litigation: Since COVID, the number of Federal Court immigration cases has skyrocketed, with projections of 30,000–35,000 cases this year alone. Many involve temporary residents (visitors, workers, students) as well as serious inadmissibility and national security matters.
- Systemic backlogs and delays: Cases can now take 14–18 months to be heard, according to a CBC news report: ‘Extraordinary’ surge in immigration cases in Federal Court challenges access to justice, top judge says. Courts are under-resourced, their technology is outdated, and there aren’t enough judges to manage the caseload.
- Automated decision-making and refusals: Increasing reliance on automated systems has resulted in template refusals that don’t properly address applicants’ submissions, driving more individuals to seek judicial review.
- Post-COVID immigration policy shifts: Canada expanded immigration to rebuild schools and the economy, but now the government is recalibrating intake while still facing massive backlogs. Courts were not prepared for the resulting litigation surge.
- The path forward: Will emphasized the need to modernize the Immigration and Refugee Protection Act, improve transparency on intake caps, and invest in legal infrastructure and technology. He cautioned, however, that “streamlining” must not come at the expense of fairness or vulnerable groups.
Will summed up the dilemma: “Canada is trying to remain a global leader in human rights and immigration, while also signalling restraint domestically. But that contradiction leaves us stuck in the middle.”
