18,000 immigration cases: the injunction probably renewed

The interim injunction that forced the Quebec government to continue to process – and not destroy – some 18,000 immigration cases is likely to be renewed next Thursday, the day it expires.

S ccording to court documents obtained by The Canadian Press, the Association of Lawyers Immigration Law (AQAADI), which launched this judicial process with others, filed a “joint application” for this order is renewed until Bill 9 comes into force or a judgment on the merits of this case.

Counsel for the Attorney General of Quebec informed the judge who had ordered their consent to this request. The interim injunction would then be renewed “in the form of a safeguard order”.

“The plaintiffs all agree to proceed in this way. They agree that the issuance of such a safeguard order would promote the proper administration of justice by avoiding the undue use of judicial resources, which would occur if the parties had to debate the renewal of a provisional injunction every 10 days “, is he writes in the procedure.

Unless a magistrate exempts them, the lawyers will however have to appear in court on Thursday to formalize this renewal.

New platform

This litigation is the result of a decision by Simon Jolin-Barrette, Minister of Immigration of Quebec, that required some 18,000 applicants for Quebec Certificates of Selection – under the Regular Skilled Worker Program (PRTQ) – have to go through a new platform and start from square one again. He said the same day that the department would stop processing the certificate applications that were still in inventory.

This decision was quickly challenged.

Judge Frédéric Bachand of the Superior Court issued last week an interim injunction, valid for 10 days. Its decision had the effect of preventing Quebec from disposing of these 18,000 pending applications and continuing to process them, and to make decisions as usual.

Bill 9, introduced on February 7 by Minister Jolin-Barrette, is aimed precisely at the cancellation of cases awaiting treatment, while proposing a reform of the selection of candidates for immigration, essentially focused on the linkage between professional skills and the needs of the Quebec labor market.

In challenging this decision, the AQAADI argued that “the minister acted illegally”, noting, among other things, that about 6,000 of these candidates are already living in Quebec, and invoking the urgency of acting before it is too late for all candidates.

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