Explosive delays in family reunification in Quebec are becoming a political flashpoint. Following formal notice sent last week to Quebec Immigration Minister Christine Fréchette and her federal counterpart Marc Miller, Radio-Canada has learned that an appeal is being prepared and could be filed in the Federal Court first of 2024 .
According to our information, this is an appeal of mandamus, an extraordinary procedure in which a higher court can order a lower authority to exercise its jurisdiction.
The appeal would bring together the files of around twenty Quebecers who consider the delays they face before they can be reunited with their spouse of foreign origin unreasonable.
If the Federal Court agrees, it could force Immigration, Refugees and Citizenship Canada (IRCC) to complete processing of these files, which could then set a precedent for thousands of other similar cases.
The Quebec Reunified group behind the approach would not confirm our information.
“I can't comment specifically on what recourse we will use starting in January,” says Laurianne Lachapelle, one of the administrators of Quebec Reunified, who herself is awaiting family reunification with a Guatemalan man she married two years ago.
What I can say is that we are planning several legal actions and are working with various law firms.
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Laurianne Lachapelle and her husband of Guatemalan origin
Photo: Laurianne Lachapelle
Our rights are being violated
There are currently nearly 40,000 family reunification applications pending in Quebec. Some cases also affect children. However, the Legault government has set a cap of approximately 10,400 admissions per year in this immigration category.
This imbalance between supply and demand leads to traffic jams and skyrocketing processing times. A Quebecer waiting to be reunited with a spouse living in another country will have to wait an average of 42 months, compared to just 12 months for other Canadians.
We have tried in various ways to work hand in hand with the different governments to offer them solutions. “We know that there is a closure on their side when it comes to moving the thresholds or advancing the pending dossiers,” laments Ms. Lachapelle.
The only option available to us is to take legal action as we believe our rights as families are being violated. If you knew the psychological stress our members are currently suffering from; this is very alarming.
All the better if it comes out sooner
Quebec's approach comes shortly after the province's immigration minister, Christine Fréchette, and her federal counterpart, Marc Miller, received a formal notice asking them to resolve the issue of files beyond the delay in the rest of Canada within 60 days or less to solve.
If Quebec refuses to change its family reunification quotas, or if Ottawa insists on complying with them, the lawyer behind the formal notice promises to also turn to the courts.
The two cases could therefore be brought to court at about the same time, which is not a problem in Laurianne Lachapelle's eyes.
We are very pleased that there are other stakeholders in the immigration law community taking legal action; We think it's the right thing to do. All the better if it comes out sooner. Our goal is to move things forward.
Ms. Lachapelle added that Quebec Reunified is also taking steps to become a non-profit organization to provide financial support to families suffering the consequences of long delays.
Last week, Radio-Canada revealed that Federal Minister Marc Miller had recently pressured the Legault government to revise its family reunification quotas, but Minister Fréchette closed the door on it.
However, many immigration lawyers believe Ottawa is also part of the problem because it is responsible for accepting immigrants into the family class. Consequently, the IRCC would not have to respect the limits set by Quebec.