Lawyers representing newcomers to Quebec whose applications to stay in the province were thrown into chaos by a proposed bill argued their case before a judge on Friday.
The attorneys are arguing that Bill 9, which would revamp the Quebec immigration system, is illegal under current law and would cause massive problems for 18,000 immigrants who have already filed applications.
On Wednesday, the Quebec Association of Immigration Lawyers filed a request for an injunction against the law. Lawyer Ho Sung Kim said that while the Coalition Avenir Quebec government might pass Bill 9 into law, it must keep processing applications and respect the old system until then.
The bill would see the 18,139 applications – including 3,700 from people already living in Quebec – tossed out and the system would in essence start from scratch.
People whose applications were already being processed were informed they would have to start afresh under the new system. They are seeking a certificate from the Quebec government that would allow them to obtain permanent residency in Canada.
But Seeun Park, who came to Quebec from South Korea in hopes of becoming a nurse, said the proposal has made her future uncertain.
“It’s a catastrophic situation for us,” she said.
Immigration Minister Simon Jolin-Barrette said Bill 9 would create a more streamlined environment for matching skilled newcomers to job openings, famously likening it to the dating app Tinder.
Doug Mitchell, a lawyer representing those affected, told the court the province's move essentially amounts to ignoring the law of the land, causing great prejudice to those affected.
Mitchell told Quebec Superior Court Justice Frederic Bachand that society wants government to follow the laws.
"It's your role to remind politicians that society expects them to respect the law at all times," Mitchell told the judge. "We are, sadly, confronted with a situation where the minister has declared that because he foresees a new shift, he can simply make it as though the law in place doesn't exist and isn't important."
The province defended its decision by saying it hadn't stopped processing files; it simply stopped rendering decisions.
Quebec government lawyer Thi Hong Lien Trinh said the law gives the minister broad discretion. She argued the government's decision to stop rendering decisions was a question of "efficiencies" as the bill in its current form would require those applicants to reapply in any case. The province also argued that the level of urgency claimed in the case falls short of meeting criteria required for an injunction.
If granted, the injunction would oblige the Quebec Immigration Department to resume processing the applications.
- With a report from Sidhartha Banerjee of The Canadian Press
