Canada’s immigration framework has long been admired for its fairness, transparency, and accessibility. Every newcomer, whether applying for a visa, permanent residency, or refugee protection, deserves a system built on equal opportunity and due process.

However, a growing concern has come to light: many newcomers’ right to counsel in Canadian immigration cases is not being fully upheld. The Canadian Immigration Lawyers Association (CILA) has now taken a decisive step to protect that right, launching a federal court case against key government departments to ensure all applicants have fair legal representation throughout the immigration process. This case marks a crucial moment in reinforcing Canada’s commitment to justice and the rule of law values at the heart of its immigration system.

The Legal Challenge: What CILA Is Fighting For

CILA’s recent court application names three federal ministries Immigration, Refugees and Citizenship Canada (IRCC), Employment and Social Development Canada (ESDC), and Public Safety Canada as respondents.

The association argues that newcomers have the legal right to be represented by immigration lawyers when dealing with visa officers, interviewers, or examiners. Yet, in practice, many government departments communicate directly with applicants, often excluding their authorized lawyers from the process.

This issue creates multiple challenges:

• Applicants are left vulnerable, unable to respond accurately to legal or procedural requests.
• Government officials face delays and inefficiencies, often having to re-request missing or unclear information.
• Taxpayers bear the cost of prolonged appeals and federal court cases that could have been avoided with proper legal correspondence.

By initiating this legal challenge, CILA seeks to establish a binding declaration from the Federal Court of Canada that formally recognizes the right to counsel in immigration and refugee applications, interviews, and examinations as guaranteed under Sections 7 and 15 of the Canadian Charter of Rights and Freedoms.

Why the Right to Counsel Matters for Newcomers

For newcomers, the immigration process is not only technical but deeply personal. Every form, interview, and correspondence carries the weight of their future the right to work, study, reunite with family, or build a new life in Canada.

Having access to a lawyer ensures that applicants:

• Receive accurate, lawful, and timely advice.
• Avoid errors that could lead to rejections or delays.
• Have their voices fairly represented in all official communication.

In CILA’s view, excluding lawyers from correspondence is not just a procedural flaw it’s a barrier to justice. By denying counsel participation, applicants are left to handle complex legal matters without professional guidance, which can lead to costly errors and unnecessary stress.

CILA’s Legal Goals and Requested Remedies

Through this case, CILA has requested that the Federal Court declare:

1. The right to counsel exists in all immigration and refugee applications, interviews, and examinations.
2. Section 167(1) of the Immigration and Refugee Protection Act (IRPA) — which limits the right to counsel to hearings before the Immigration and Refugee Board — is constitutionally insufficient.
3. The government must amend the IRPA or introduce new regulations to guarantee this right across all immigration contexts.

These declarations would require federal departments to update their policies and ensure that immigration lawyers are included in all correspondence and decision-making processes involving their clients.

A Pro-Canada Perspective – Strengthening, Not Challenging the System

This legal effort isn’t about confrontation, it’s about improvement. Upholding the right to counsel in Canadian immigration strengthens the credibility of the country’s immigration system.

A transparent process benefits everyone:

• Applicants gain confidence knowing their rights are protected.
• Immigration officers receive well-prepared, complete applications.
• Taxpayers save millions through fewer appeals and reduced court costs.

As CILA aptly points out, even Canada Revenue Agency (CRA) respects the right of Canadians to have their accountants communicate on their behalf. It’s only fair that immigration applicants, many of whom will soon become permanent residents or citizens, receive the same respect in legal representation.

The Broader Impact: Protecting Canada’s Reputation for Fairness

Canada’s immigration system is built on inclusivity and justice. The right to counsel reinforces those values by ensuring that every applicant, regardless of origin, education, or language ability, can access fair treatment.

By clarifying and legally codifying this right, Canada not only safeguards newcomers but also enhances its international reputation as a country that values human rights and due process.

The Right to Counsel in Canadian Immigration Is a Right Worth Protecting

CILA’s court action is more than a legal case, it’s a reaffirmation of Canada’s principles of fairness, equality, and due process. Ensuring the right to counsel in Canadian immigration protects both newcomers and the integrity of Canada’s institutions.

At ImmigCanada, we believe that every applicant deserves access to trustworthy, authorized representation. Our RCIC-licensed consultants work tirelessly to ensure applications are accurate, ethical, and compliant with Canadian law giving clients peace of mind and the best chance at success. Canada’s strength lies in fairness and protecting the right to counsel ensures that fairness remains the foundation of its immigration system.