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PRIVATE
PROSECUTIONS
CRISTIN SCHMITZ OTTAWA

The Harper government’s ambitious plan to overhaul Canada’s backlogged refugee system risks sacrificing fairness on the altar of efficiency unless key changes are made, refugee lawyers warn.

Bill C- 11, tabled in the Commons March 30 by Immigration Minister Jason Kenney, won instant praise from the Bar for its goal of accelerating the delay-plagued refugee determination process, while also giving failed refugee claimants a new right of appeal on the merits to a proposed Refugee Appeal Division (RAD) of the Immigration and Refugee Board (IRB) (see p. 18 for highlights of Bill C- 11).

Currently it takes 19 months, on average, to get to an IRB hearing. The government proposes to wipe out the board’s 61,000-claim backlog, and to reduce to a maximum of 68 days the time period between when the claim is first deemed eligible by immigration or border officials and when it is heard by an IRB official.

However, refugee advocates warn that the bill’s tight timelines will make it difficult, if not impossible, for refugee claimants

INUIT LAND CLAIMS

Governments feel their
sting even when they fail
PAGE 9

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University of Ottawa law professor Peter Showler argues Bill C- 11 must be amended if it is to achieve its aim of a “faster
and fairer” refugee determination system.
CRISTIN SCHMITZ / THE LAWYERS WEEKLY
CLASS ACTIONS
and their lawyers to properly
prepare their cases. Many coun-
sel also object to the govern-
ment’s proposals to deny RAD
appeals to failed refugee appli-
cants from a yet-to-be announced
new list of “safe countries,” and
to restrict refugee claimants
from seeking protection on alter-
nate humanitarian and compas-
sionate grounds.

Why are there such
low take-up rates
for class action
settlements and what
can be done about it?
PAGE 24

LATERAL MOVES Allegations send judicial shockwaves throughout Quebec

LUIS MILLAN MONTREAL

Rocked by explosive allegations made by a former Quebec justice minister that triggered a public inquiry and a $700,000 libel lawsuit by Premier Jean Charest, Quebec’s legal community is debating accusations that provincial Liberal party fundraisers tainted the judicial appointment process six years ago.

Left reeling after former Lib-
eral justice minister Marc Belle-
mare lodge a formal complaint
with Quebec’s provincial police
force, Charest launched a lawsuit
against Bellemare for “false,
malicious and defamatory
remarks,” and appointed retired
Supreme Court of Canada judge
Michel Bastarache to preside
over a commission of inquiry
into Bellemare’s allegations.

How you can make the
most of your lateral
move to a new firm
PAGE 24

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