Why are Canadian immigration lawyers up in arms over proposed rules to target ‘ghost agents’?

Of note, applying to everyone rather than where the risk of fraud greater:

A government proposal to give authorities more power to investigate immigration consulting frauds is being criticized by lawyers as an overreach that fails to target the real culprits.

The proposed changes would grant immigration officials broad inspection power to investigate, adjudicate and penalize those who are unauthorized to give immigration advice for a fee, as well as licensed lawyers and consultants “counselling fraud and misrepresentation on their clients’ applications.”

However, provincial law societies and the Canadian Bar Association said lawyers are already subject to tight professional regulations. And they say the new rules would put them in a bind between their obligations under solicitor-client privilege and the ability to fight for their innocence.

“The regime would infringe on the law societies’ exclusive authority to govern their licensees,” the Federation of Law Societies of Canada, representing the 14 provincial and territorial law societies, said in a submission Monday in response to the government’s proposed changes. 

“The broad powers under the regime to inspect documents may be in conflict with the law of solicitor-client privilege in Canada.”

Currently, anyone who provides immigration advice for a fee must be a member of a law society or the College of Immigration and Citizenship Consultants, and immigration applicants are supposed to declare who their authorized representatives are.

While the professional regulators have the power to police and discipline their members for wrongdoing, many “ghost agents” — those who are unlicensed and offer immigration advice under the radar — have continued to operate without paper trails; many are overseas and beyond the reach of the regulators’ jurisdictions.

A parliamentary report in 2017 on improving oversight of immigration consultants raised concerns about weak governance of the consultants’ regulator and insufficient resources for investigations and enforcement. Among the recommendations were a policy review addressing the practice of “ghost consultants,” and considering increased fines and sentences.

The Immigration Department said unscrupulous agents “counselling fraud and misrepresentation” on clients’ applications are a threat to the integrity of Canada’s immigration and citizenship systems.

Source: Why are Canadian immigration lawyers up in arms over proposed rules to target ‘ghost agents’?