Minister planning new powers to clamp down on fraudulent immigration consultants

Perennial issue and debate:

Immigration Minister Lena Diab is preparing to crack down on unscrupulous immigration consultants, drawing up new regulations that would give the industry regulator more powers, such as forcing them to compensate migrants they have defrauded. 

The move follows a number of inquiries into the improper conduct of consultants, including one involving an elaborate job-selling scheme targeting migrants.

The College of Immigration and Citizenship Consultants earlier this year cancelled the licence of Hossein Amirahmadi, a consultant the college found to have orchestrated job selling, faked payroll documents and fraudulently obtained work permits. 

It ordered him to pay a $50,000 fine by October, as well as $49,000 in costs incurred by the college. It also instructed him to reimburse clients a total of $32,000 in fees. 

But the college, which regulates licensed immigration consultants, lacks the power, without going to court, to collect the funds or force him to pay. 

Draft regulations drawn up by the Immigration Department last year would allow the college to impose fines of $50,000 per infringement of the act establishing the college. They would also give it the power to establish a compensation fund for migrants exploited by its members. 

But the proposed regulations, drawn up before Ms. Diab took on her new cabinet role, have been shelved for months. Ms. Diab’s spokesperson, Isabelle Buchanan, said the minister is preparing new regulations. 

…But lawyer James Yousif, a one-time policy director for former immigration minister Jason Kenney, said it is “time to accept that Canada’s experiment with a separate immigration consulting profession has failed.”

“We should return to a model in which only lawyers are permitted to represent clients under the Immigration and Refugee Protection Act,” he said. “The legal profession in Canada is much better governed, with stronger accountability and disciplinary mechanisms.”

Source: Minister planning new powers to clamp down on fraudulent immigration consultants

Les faux représentants en immigration, un véritable fléau

Good series in Le Devoir on immigration consultants and fraud:

…Consultants « fantômes », faux avocats, usurpateurs d’identité de vrais consultants : de plus en plus de faux représentants font payer des services d’immigration sans être autorisés à les dispenser, selon les informations compilées par Le Devoir.

Au Québec et dans le reste du Canada, il n’est pas obligatoire d’avoir recours à ce genre d’intermédiaire pour déposer une demande en immigration, quelle qu’elle soit. Mais à partir du moment où quelqu’un facture ce genre de services, il doit en revanche être impérativement autorisé : avocat membre du Barreau du Québec, consultant membre du Collège des consultants en immigration et en citoyenneté (CCIC) ou encore notaire à la Chambre des notaires du Québec.

Le problème est difficile à appréhender dans son ensemble, notamment parce que plusieurs entités opèrent de l’étranger et en dehors de la loi. Mais s’il n’y a qu’une pointe de l’iceberg à déceler, elle est déjà immense : dans la dernière année, le CCIC a fait fermer plus de 5000 pages Web et de médias sociaux qui faisaient la promotion de praticiens non autorisés.

Sur le terrain

Dans un contexte où les restrictions en immigration rendent de plus en plus difficile le renouvellement des permis de travail, d’études ou encore l’accès à la résidence permanente, « les faux représentants sont devenus un vrai fléau », dit Louis-Philippe Jannard, coordonnateur du volet protection de la Table de concertation des organismes au service des personnes réfugiées et immigrantes.

« C’est un problème endémique dans certains quartiers », abonde aussi Camille Bonenfant, organisatrice communautaire à la Clinique pour la justice migrante. Lorsque des membres de son équipe se déplacent pour donner des ateliers d’information, c’est presque « systématique » : les personnes rencontrées « s’approchent et nous montrent une carte d’affaires d’une personne qui n’est enregistrée nulle part ».

« C’est sûr qu’il y a une augmentation », tranche aussi Dory Jade, qui soulève le problème depuis 20 ans. Il est directeur général de l’Association canadienne des consultants professionnels en immigration et a eu connaissance des plus grandes comme des plus petites fraudes : « Il y a des cas qui ont payé des centaines de milliers de dollars à des individus qui leur ont fait miroiter qu’ils pouvaient les emmener au Canada », raconte-t-il.

Ou encore des gens qui ont vendu toutes leurs possessions pour obtenir des papiers… qui ne sont jamais arrivés, poursuit M. Jade….

Source: Les faux représentants en immigration, un véritable fléau

Other articles in the series: Des usurpateurs aux faux avocats : la jungle des consultants en immigration, Des solutions pour contrer les consultants fantômes en immigration, Quand le rêve canadien vire au cauchemar | Parcours

… “Ghost” consultants, false lawyers, identity thieves of real consultants: more and more false representatives are charging immigration services without being authorized to dispense them, according to information compiled by Le Devoir.

In Quebec and the rest of Canada, it is not mandatory to use this kind of intermediary to file an immigration application, whatever it may be. But from the moment someone charges for this type of service, he must be authorized: a lawyer member of the Barreau du Québec, a consultant member of the Collège des consultants en immigration et en citoyenneté (CCIC) or a notary at the Chambre des notaires du Québec.

The problem is difficult to understand as a whole, in particular because several entities operate from abroad and outside the law. But if there is only one tip of the iceberg to detect, it is already huge: in the last year, the CCIC has closed more than 5,000 web and social media pages that promoted unauthorized practitioners.

In the field

In a context where immigration restrictions are making it increasingly difficult to renew work permits, study permits or access to permanent residence, “false representatives have become a real scourge,” says Louis-Philippe Jannard, coordinator of the protection component of the Consultation Table for organizations serving refugees and immigrants.

“It’s an endemic problem in some neighborhoods,” says Camille Bonenfant, community organizer at the Clinic for Migrant Justice. When members of his team travel to give information workshops, it is almost “systematic”: the people met “approach and show us a business card of a person who is not registered anywhere”.

“It is certain that there is an increase,” says Dory Jade, who has been raising the problem for 20 years. He is Director General of the Canadian Association of Professional Immigration Consultants and has learned of the biggest and smallest frauds: “There are cases that have paid hundreds of thousands of dollars to individuals who have made them think they could take them to Canada,” he says.

Or people who sold all their possessions to get papers… who never arrived, continues Mr. Jade….

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.

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’?

This licensed Canadian immigration consultant was impersonated by a fraudster. How migrants are being scammed by ‘ghost agents’

Sigh…:

About a year ago, immigration consultant Kerry Molitor started to get email alerts from the Immigration Department: letters for her clients had been sent to her online account. The problem was she had never heard of these clients.

Concerned about the consequences of the missed letters intended for the actual study and visitor permit applicants, she reported the incidents to immigration officials. 

Then last August, Molitor stumbled upon an Instagram account that used her name and her old office address and promoted a website that looked almost like hers. She clicked on the link that led her to an immigration company that showed her as the CEO, but with the photo of a white male. It also posted a fake licence certificate purported to be hers.

“These people are committing frauds in my name,” said Molitor. “I’m very fearful for the people that are contacting these scammers because I’ve had several victims or potential victims contact me to verify. They are getting a lot of attention, a lot of customers. According to Instagram, they’ve been active since December 2023.”

For a long time, the immigration consulting industry has been tackling the “ghost agents” who pretend to be accredited consultants. Canadian law only allows a consultant licensed by the College of Immigration and Citizenship Consultants and a lawyer by a law society to give immigration advice for a fee.

But with business increasingly conducted online, combating these frauds — many of them originating abroad — is getting even harder.

Someone looking for help in immigration may come across a fake website or post on social media, find a matching name on the directory of the regulator and fall into the trap.

While the professional reputation of the impersonated consultants is certainly at stake, victims of the scammers ultimately pay the price as their applications will likely never be filed, or they will be refused for not having all the required documents….

Source: This licensed Canadian immigration consultant was impersonated by a fraudster. How migrants are being scammed by ‘ghost agents’

Survey shows more newcomers choose immigration consultants over lawyers — and that can be risky, experts say

General rule of thumb. When something or some offer appears to good to be true, it generally is. As always, the “bad apples” undermine trust in all:

The legal challenge comes as more newcomers are choosing the services of immigration consultants over lawyers, according to a new survey commissioned by CBC News.

The survey, conducted by market research firm Pollara in November, asked 1,507 people who arrived in Canada in the past 10 years about their immigration experiences and found 33 per cent used consultants, while 16 per cent used lawyers. A national survey of that size would normally have a margin of error of +/- 2.5 per cent.

Immigration experts say newcomers may prefer consultants because they’re convenient and affordable. But they also say the College of Immigration and Citizenship Consultants (CICC) hasn’t done enough to punish bad actors in the industry.

They also say victims need better recourse, including a compensation fund promised years ago that has yet to come to fruition.

“I’ve worked with excellent immigration consultants, but the problem is that there are bad actors that are unscrupulous,” said Vancouver immigration lawyer Jae-Yeon Lim, who also teaches immigration law at Queen’s University to those seeking to become consultants. She clarified that she was speaking about her own experiences with clients and not on behalf of her employers….

Overhaul of regulatory body

In 2019, the federal government announced an overhaul to the regulatory body for immigration consultants and the creation of the CICC, which opened about two years later.

Since 2004, two other bodies were not able to effectively regulate consultants because they lacked legislative authorities, the federal government said in briefing notes obtained by CBC News.

CICC was given powers to investigate complaints made against consultants and to publish the names of those being investigated on the college’s website.

It has undertaken more than 70 disciplinary actions against consultants, ranging from fines and suspensions to revocations of licences, according to IRCC.

The college has issued about $300,000 in fines and ordered a total of about $365,000 in restitution to be awarded to clients.

But lawyers Logan and Lim have concerns about the length of time the college takes to discipline consultants.

For example, CICC suspended Lucion about 30 months after the college received complaints about her, during which she was able to continue practising.

“The rules on paper are good. There’s a very good code of conduct. But the actual enforcement of these rules has been lacking,” Logan said.

In another case, a consultant was disciplined in 2023 relating to complaints from 2016. (The regulator transitioned into the CICC for part of that period).

Another consultant was suspended in 2024 in relation to complaints made in 2019 and 2020.

“The impact is that they’re re-traumatizing the victims through these lengthy processes … for something that should have been done in a more expedient manner,” Lim said, adding that victims may lose their legal status in Canada and have to leave before the issue is resolved.

CICC declined interview requests from CBC News. In a statement, it said its goal is to handle complaints in a fair and efficient manner….

Source: Survey shows more newcomers choose immigration consultants over lawyers — and that can be risky, experts say

CILA | How the government can protect the public from bad immigration consultants

The immigration lawyer perspective:

…Miller can enact legal reform so that immigration consultants are only able to work under the supervision of an immigration lawyer. Lawyers are governed by strong regulatory bodies and face significant consequences such as disbarment for poor behaviour. Putting a lawyer’s license on the line will help to significantly strengthen the quality of advice immigration applicants receive as well as oversight of the conduct of immigration consultants.

We wish to be clear: not all immigration consultants are bad. There are some good ones who are honourable and competent.

Immigration lawyers have long argued that they are best able to represent visa applicants given these cases are often complex and raise legal issues involving Charter, family, employment, and criminal law. If consultants are going to continue to be given the right to provide legal services to the public, there must be stronger regulations. Consultants who are competent and ethical should be given the chance to continue to work but under a regime that ensures that the integrity of the immigration system is not brought into disrepute, and the public is adequately protected.

The Prime Minister, Ontario Premier, and federal immigration minister are correct to draw attention to this problem. Canadians remain supportive of immigration but are unsupportive of what they believe is an immigration system that has lost its way. Government leaders can help restore public confidence by limiting the ability of bad consultants to abuse victims and the immigration system.

Source: Opinion | How the government can protect the public from bad immigration consultants

Fake letter leaves Nigerian international student without status, asked to leave Canada

Yet another example of unscrupulous consultants and lack of real time due diligence. Appears that about 2.4 percent of all applications include fraudulent letters:

The new letter of acceptance verification process began on Dec. 1, 2023. Before it began, the department acknowledged many students “sincerely” came to Canada to study, but some who knew about the fake letters had “no intent” of studying.

Between that day and July 1, IRCC said it has caught 9,175 letters that were never issued by a Canadian school.

Those 9,175 letters were out of a total of 361,718 letters checked by IRCC and the schools.

These letters “may be an indicator of fraud,” IRCC wrote in a statement, but each one will need to be checked by an officer.

The department declined to make anyone available for an interview, and agreed to answer questions only by email.

It said it is “focused on identifying culprits, not penalizing victims” of fraud.

In response to questions about Akinlade’s case and why IRCC believes she knew about the fake letter, IRCC pointed back to its officer’s decision based on the “balance of probabilities.”

“Applicants are responsible for all the information on their application,” IRCC wrote, noting that Akinlade had an opportunity to address the officer’s concerns.

Onus on the applicant

Sandhu said it’s not clear to her exactly why IRCC believes Akinlade knew the letter was fake.

“If we’re going off of hunches, I feel that most officers can be very skeptical when it comes to applicants that claim they were victims of a rogue agent.”

Sandhu acknowledged that Canadian immigration rules put the onus for everything in the application on the applicant.

“Even though you may have used an agent, you are still supposed to be aware of everything,” she said.

Akinlade said she has learned a “lesson” about finding a reliable agent to help her, but she believes if IRCC looks again at her case it will find she was not complicit in the fake letter.

Her lawyer is submitting her humanitarian application to IRCC in the coming weeks but the application does not give her any right to stay in the country, and it is not clear how many months it could take to process.

“I really want to be investigated,” she said, adding that the whole experience has been “traumatic” for her family.

“This is not something I pray for my enemy to experience.”

Source: Fake letter leaves Nigerian international student without status, asked to leave Canada

Ottawa accused of failing to crack down on unethical immigration consultants

Yet another policy fail?

….Earl Blaney, a licensed immigration consultant from London, Ont., said “mass volumes of immigration applications are submitted overseas by unauthorized immigration representatives,” adding that Immigration, Refugees and Citizenship Canada (IRCC) is well aware of the situation.

In 2019, through an omnibus budget bill, the government gave itself the authority to create a regime of penalties, including fines, to deal with violations by anyone providing advice to people making immigration and citizenship applications.

IRCC, in a parliamentary reply three weeks ago to Senator Don Plett, the Conservative leader in the Senate, said the department had not yet imposed any fines on consultants because “the compliance regime for immigration and citizenship consultants is not yet in force” and “the regulatory authorities to do so do not yet exist.”

Paul Chiang, the parliamentary secretary to Immigration Minister Marc Miller, said in the reply that there had been delays in implementing the regime, partly owing to the pandemic.

The department is currently working with the Department of Justice to draft the regulations, and the regime is expected to be in place between this fall and the winter of 2025, he said.

Mr. Plett accused the government of “incompetence” and said he plans to raise the delay in the Senate next week.

….But Conservative immigration critic Tom Kmiec said consultants “practising outside the country cannot be reasonably monitored by their college,” which is a problem.

Source: Ottawa accused of failing to crack down on unethical immigration consultants

Chinese, Vietnamese students caught up in college-admission scam, Ottawa says

Some useful data:

Students from China and Vietnam have been caught up in an immigration scam affecting Indian students involving fake acceptance letters to Canadian colleges, the federal immigration department told MPs.

Immigration Minister Sean Fraser told the Commons committee on citizenship and immigration that eight Indian students ensnared in the fraud have already been deported. But they could return to Canada “if they demonstrate that their intention to come to Canada was genuine and that they were not complicit in fraud.”

Mr. Fraser this week granted a reprieve from deportation to students who were unknowingly involved in the scam. They will be granted temporary residency permits while a task force investigates their cases to see if they were innocently duped or complicit in the immigration fraud.

The task force will look into the cases of 57 Indian students with bogus admission letters to Canadian colleges and universities who have been issued with removal orders, and 25 are going through the deportation process, deputy minister Christiane Fox told MPs on the immigration committee last Wednesday.

Ten Indian students found to have fake admission letters to colleges have left Canada voluntarily.

Ottawa launched a probe into 2,000 suspicious cases involving students from India, China and Vietnam earlier this year. It found that around 1,485 had been issued bogus documents to come to Canada by immigration consultants abroad, she said.

Although 85 per cent of the students affected by scams were from India, Immigration, Refugees and Citizenship Canada had also uncovered evidence of fraud affecting Chinese and Vietnamese students.

Ms. Fox said 976 of the students had been refused entry to Canada after their letters of acceptance from colleges were found to be fake, while 448 had their applications to come to Canada approved.

The deputy minister told the committee of MPs that around 300 of these students would have their cases individually investigated by the new task force. Others of the 448 who had their applications approved have been found to have been linked to “criminality.”

In the Commons last Friday, Conservative Leader Pierre Poilievre said the students had been “defrauded by shady consultants who gave them fake admission letters.” He said the newcomers should be given work permits while they wait for their applications for permanent residence to be processed.

Also on Friday, Conservative MPs called for overseas immigration consultants who duped the students to be blacklisted and all their files, including those in the past, to be reviewed.

“Every consultant or agent who scammed these international students should have the files they worked on reviewed to protect the victims and proactively inform them,” said Tom Kmiec, Conservative immigration critic. “Any consultant or agent who committed fraud should be barred and their names should be logged with IRCC to prevent future fraud.”

Saskatoon Conservative Brad Redekopp, who also sits on the immigration committee, urged the federal government to immediately start checking the files of overseas consultants found to have issued bogus documents. He told The Globe and Mail it was a problem that, while Canadian immigration consultants had to register and were subject to standards, overseas consultants did not face similar checks.

Ms. Fox said the department was already looking into the files of consultants found to have issued fake letters of acceptance to Canadian universities.

Mr. Fraser said the department had found that multiple consultants had been involved in the scam involving fake admission letters as part of study permit applications. He said the government was conducting hundreds of investigations to “bust fraudsters.”

In 2018, Immigration, Refugees and Citizenship Canada introduced a new program to verify letters of acceptance to colleges, he said. But he added the department deals with hundreds thousands of applications a year and it would be hard to manually verify every admission letter. He hoped that new efforts to clamp down on overseas scams could be aided by technology, but it also required the co-operation of foreign authorities.

He said he understood the situation was extremely distressing for students facing deportation, after being duped by “bad actors,” and their well-being was paramount.

The task force will look at whether they finished their studies or started work in Canada soon after they arrived.

Source: Chinese, Vietnamese students caught up in college-admission scam, Ottawa says

Internal documents reveal how much consultants shaped the National Gallery

While most of the attention has been on McKinsey, reminder that other organizations are involved.

Given all the management and staff upheavals, hard to see the value for money in these consulting contracts. One also has the impression that Sasha Suda, the director who launched them, was “just visiting” until she got a more important gig in the USA, leaving the mess behind:

Consulting companies had profound influence on the National Gallery of Canada’s reimagining over the past few years, with senior management relying on hired guns to help craft the new identity of the country’s premier visual arts institution, documents released through access-to-information requests reveal.

The documents paint a picture of the extent to which two consulting companies – one headquartered in Vancouver and focused on diversity and inclusion, the other a California-based change management firm – shaped the gallery’s new focus, operations and culture.

The contracts began in the spring of 2020, shortly after Sasha Suda became director of the gallery (she left last summer to run the Philadelphia Museum of Art). Under Ms. Suda’s leadership, and under current interim director Angela Cassie, the gallery embarked on a reinvention intended to make the institution, its collection and its staff more diverse and inclusive.

Management viewed this as an overdue step toward restoring the gallery’s relevance and correcting its blinkered past. Current and former staff members and donors have criticized the project as well-intentioned but poorly executed, and they have said it left the institution in disarray.

In May, 2020, the gallery signed a contract with NOBL Collective, a change management consultancy based in California, for strategic planning work, at an initial cost of $95,000. As the scope of its work expanded, NOBL would eventually bill the gallery $632,500 over two-and-a-half years, making it the single biggest line item among the museum’s outside contractors during that time.

The documents, which were obtained by researcher Ken Rubin and shared with The Globe and Mail, include an initial proposal in which NOBL wrote that the gallery was “in the midst of a sea change” that represented “a moment of uncertainty but also of rebirth.”

“You have many of the right ingredients: a dedicated team, hungry for direction and empowerment; a rich history and story; a world-class collection; a new Director willing to do what it takes,” NOBL wrote. “We would be honoured to help your team make it happen.”

The documents detail a program of one-on-one interviews with senior management and other team members, as well as surveys and strategic planning sessions focused on topics such as “Sensing, Vision and Bet Making.”

Eventually, the scope of NOBL’s work became all-encompassing. The consultancy laid out plans and timelines for defining the museum’s values and crafting its “change narrative.” It said it would create working groups and synthesize for the gallery what it heard from them; communicate with the board of trustees, department heads and team leads; align blue-sky strategic ideas with budgets and staffing; even design and help to deliver the all-staff meetings in which the new vision would be shared.

The result was a strategic plan titled Transform Together. Unveiled in 2021, it is the spine on which the museum’s new direction rests.

“The Gallery’s strategic transformation is about how we can better develop, preserve and present our collection for the learning and enjoyment of generations to come,” said Douglas Chow, the gallery’s director of communications. NOBL “did not have the expertise required” to incorporate a justice, equity, diversity and inclusion (JEDI) approach, so NOBL recommended Elevate Inclusion Strategies as a subcontractor to its own work, he said, and the two jointly helped to craft the strategic plan.

Getting some specialized help with strategic development is fine, said Richard Powers, who teaches governance at the University of Toronto’s Rotman School of Management, but it should always be an institution’s own management that does the heavy lifting.

“It appears that management has handed off all the work to the consultants: tell us what we should do,” he said of the gallery. “Any consultant will never know as much as management – that is why management must be intimately involved in the development of the strategic plan.”

In August, 2020, Ms. Suda wrote a confidential memo explaining the gallery’s reasons for embarking on this work, and why it required sole-sourced contracts rather than the usual competitive bid process. When the pandemic struck, the gallery was forced to close and most employees shifted to working remotely, she wrote, and at the same time the gallery was affected by “various social movements that catapulted the necessity of diversity and inclusion review and reconciliation with BIPOC groups.”

The unusual pandemic circumstances and the “extremely sensitive nature of the subject matter” justified an exception to the standard procurement processes, Ms. Suda concluded. The following month, she wrote a virtually identical memo laying out the need to sole-source work from Elevate, which is based in Vancouver.

One year later, in September, 2021, Ms. Cassie – then vice-president of strategic transformation and inclusion at the gallery – wrote a more detailed confidential memo explaining the reasoning for an additional sole-sourced contract with Elevate.

Elevate had conducted an assessment of the gallery’s inclusion environment, and “significant differences in the level of knowledge and understanding amongst the team” became apparent, Ms. Cassie wrote. Among the key recommendations from Elevate was that the gallery remedy this. Because Elevate staff had already built a relationship with gallery employees, Ms. Cassie wrote, the company was “well positioned to create a safe and positive environment” for the ongoing work.

Mr. Powers said this process – with Elevate conducting an assessment of the gallery, then producing a report that effectively recommended further services provided by Elevate – appears odd.

“They are in a clear conflict of interest and the National Gallery should have gone to a competitive bid to avoid the conflict or the perception of a conflict,” he said. “Elevate may be the best company to do this type of work – and a competitive bid could have come to that conclusion.”

Asked for additional context on the sole-sourced contracts, Mr. Chow replied with sections of the internal memos on that topic. He added that the board was aware of the contracts. “The Elevate team had built that trust using a trauma informed approach and had the knowledge and expertise to carry on the next phases of work without requiring employees to retell stories of their trauma and racism experienced within the workplace to new people,” he said.

The gallery subsequently signed a contract with Elevate for $352,200. That fee included a retainer of $10,000 per month from September to February, 2022, for services including the development of a “JEDI working group,” meeting with gallery leadership or other consultants as needed, attending staff meetings and assisting with the onboarding of new staff. The hourly cost and hours of work covered by the retainer are redacted in the documents, because access-to-information laws permit public bodies to withhold those details about their private contractors.

Elevate’s contract also included a coaching program described as “a deep dive for senior leadership and management who wish to develop and practice critical inclusive leadership skills,” and the development and delivery of a suite of inclusive workplace training modules.

In June, 2021, the gallery again turned to NOBL, this time for a more targeted project that hinted at tensions behind the scenes. There had been near-total turnover among the gallery’s senior leadership since Ms. Suda’s arrival.

In its proposal, NOBL wrote that the gallery had evolved a great deal over the previous year, and now, with its new team members in place, it was time to focus on “engaging in productive, courageous conversations.”

“While conflict is a necessary part of our day to day existence on a team, both emotions and assumptions take the lead when we’re not paying attention,” NOBL wrote. “You’d like the team to improve their ability to separate the people from the problem and create space for learning for all involved.”

To that end, NOBL would design and deliver a four-hour team-building workshop for the seven members of the gallery’s senior management committee, at a cost of $15,000. The topics included conflict style, giving and receiving feedback and empathy perspective.

“Even though the session will be half a day, we’d request that SMC members clear their full day calendars to allow time to process conversations and bring their full presence to the session,” NOBL wrote to the gallery. “Development experiences should feel like an opportunity to slow down and set yourself up for success.”

Source: Internal documents reveal how much consultants shaped the National Gallery