Federal Skilled Worker Class Action Lawsuit

[tuyen]

You are right and you will also see that Mr. Tuyen will be gone after 16th Jan 2012

Really? Why? What magical event do you suppose will be happening on the 16th of January 2012...? Oh but wait...that day already came and went, almost a year ago. So I'm sure you meant to say "2013"...in which case my question still applies.

You're no doubt expecting some kind of vindication on that day by way of this nonsensical lawsuit, right? You're so unbelievably cute - I could just hug you!

Rest assured that NOTHING will happen on January 16, 2013. Or February, or March, or April, or any other month. Cases involving the federal government can drag on for YEARS, and even when they finally get to court, there's no guarantee that the outcome will be what you wanted it to be. So in the meantime, you better have a backup plan, because I don't want to read another two thousand messages from you complaining about "whhhyyyy is the lawsuit taking sooo many years?? It's not faaiiirrr!! They promised it by January 2013!!!" :

 

[wounderful]

Really? Why? What magical event do you suppose will be happening on the 16th of January 2012...? Oh but wait...that day already came and went, almost a year ago. So I'm sure you meant to say "2013"...in which case my question still applies.

You're no doubt expecting some kind of vindication on that day by way of this nonsensical lawsuit, right? You're so unbelievably cute - I could just hug you!

Rest assured that NOTHING will happen on January 16, 2013. Or February, or March, or April, or any other month. Cases involving the federal government can drag on for YEARS, and even when they finally get to court, there's no guarantee that the outcome will be what you wanted it to be. So in the meantime, you better have a backup plan, because I don't want to read another two thousand messages from you complaining about "whhhyyyy is the lawsuit taking sooo many years?? It's not faaiiirrr!! They promised it by January 2013!!!" :

Dear Tuyen

I really like the way you defend your case you as only defendant on this forum, keep it up. I can assure you from my side that you will not receive any message complaining about "WHY" it take so many years. but this is not my forum so please ignor any message for others as now we understand it makes you uncomfortable,

Last but not least I love to hug female (opposit sex if they wish).

 

[tuyen]

Dear Tuyen

I really like the way you defend your case you as only defendant on this forum, keep it up.

I'm not defending a case because I'm not part of any case. I'm simply engaging in conversation with people who respond to me, and I'm advising them to stop living in a dreamworld by pinning all their hopes on the successful outcome of this ridiculous lawsuit.

I can assure you from my side that you will not receive any message complaining about "WHY" it take so many years. but this is not my forum so please ignor any message for others as now we understand it makes you uncomfortable

I'm not the least bit uncomfortable. I have no problems with stating my opinion or with providing facts.

 

[zolter]

This forum is getting more INTERESTING day by day......

 

[IndianPNP]

CIC is trying to settle Pre-FEB 2008 Backlog cases outsite federal court under case management.they authorize with Justics only 6453 applicants who files cases in federal court.

 

[20121212]

well with all that has happened with this law that has come into force , dashing many families hopes , to have their applications processed terminated over night..

well forget about the applicants and their hopes and dreams..who have waited over 5 years.... is this what Canada needs ?? is this good for Canada

well i guess there are people who think this a good thing for Canada ? ,

well yeah its better to have done the processing of these immigrants coz they are the once who have the Canadian population stable and growing, and in years to come who will help Canada to have the positive 2+ birth rate which is required

oh for all those who say unemployment is on the..rise . i think you should go find a job....if u dont have one without complaining

its time people step up and let everyone know that immigration is good for Canada...

Canada needs all the immigrants it can get... lets hope for a fair decision and a decision thats going to help Canada, yes i know its in court but in todays day and age when everything is on facebook i dont see when there are 100,000 applications and 250,000 people why we dont see a facebook page with atleast 10,000 of them on it, come on guys i am sure all of you'll can gather a few applicants together..let every one know the facts and how this law is going to affect Canada in the Long.term....the fact that it is not is a fair law to be implemented is already determined.. and the court of law will make that decision but people need to know that immigrants are needed and these very immigrant will keep Canada alive in years to come..... this info is not for closed door forums the public need to know ... i see there our a few of you who can write in length especially about legal aspects and why this and that and the other why dont we just educate every one whats good for Canada and get this show on the road... if this litigation is on hold for the next 7 weeks doesnt mean the public cant be made aware for the next 7 weeks why these immigrants need to be processed..and how Canada tends to loose out by terminating these applications down.

wish you'll the very best for the season and a happy new year...wish Canada all the best and lets hope some sense is put into these decision makers !!

They say "more is better" and the more immigrants that can be taken in is a blessing for Canada the sooner people accept this the better and prosperous Canada shall be

 

[jevan]

This forum is getting more INTERESTING day by day......

My dear friends,
As every person has its own way to express his ideas whatever he observes in current scenario.All of my respected friends (hopeful4,hopefulever,warmest,zolter,tuyen and wounderful) are requested to plz plz respect the views of each other...what i think about the unfair decision of cic to clear backlog and to invite the persons they needed in their market I MUST SAY THAT CIC IS ABSOLUTELY WRONG i am not saying this bcz i m also a victim of this decision i am saying they are wrong bcz THERE WERE THOUSANDS OF APPLICANTS WHOSE NOC WAS INCLUDED IN THE MOST DEMANDING PROFESSIONS LISTED IN 28 OCCUPATIONS those applicants are well educated having P.O.Funds etc etc BUT THEY WERE NOT PROCESSED BCZ OF LACK OF STAFF,SLOW WORKING,PASSING THEIR TIME TO REPLY INQUARIES ETC ETC...Actually to bombard on previous government make them guilty THE CURRENT GOVERNMENT POLITICISED the whole issue and had made legislation to dump our files in dust bins and are GOING TO INVITE MOST OF THE SAME OCCUPATIONS listed in previous times..TO OFFLOAD THEIR(CHC'S RESPONSIBILITIES) CIC UNDID/CLEARED THEIR HUGE OFFICE RECORDS and decided to upgrade their system in the new ways like GCMC etc etc.
The LAWYERS knows that the case is going to HIT CIC so that they decided to earn more & if they takes few time more for earning and won the battle then we dont mind we can wait bit more,WHAT I KNOW CANADIAN LAWYES NOR CANADIAN COURTS ARE FOR SALE....

 

[jevan]

CIC is trying to settle Pre-FEB 2008 Backlog cases outsite federal court under case management.they authorize with Justics only 6453 applicants who files cases in federal court.

brother it is a v gud news and a very gud hope for all of us,,did u hear this from any friends or read elsewhere?source plz.

 

[umerrais79]

CIC is trying to settle Pre-FEB 2008 Backlog cases outsite federal court under case management.they authorize with Justics only 6453 applicants who files cases in federal court.

Dear INDIANPNP from where did you get this news? do u have any source for this news

 

[hopeful4]

IndianPNP you seem to have a good source since you know the exact number of cases (which I have never heard about it before) can you please share with us you source? also what sort of settlement WITH CIC do you mean ?

 

[warmest]

This is the latest entry that could be found in IMM-8669-12 (HABIBOLLAH ABEDI).

2012-11-26
Letter from Applicant dated 26-NOV-2012 Requesting IMM-11796-12 be placed with this group of litigants received on 26-NOV-2012

 

[warmest]

This is the latest update that could be found in Bellissimo Law Group's website.

Monday, November 26th, 2012
Update: Federal Skilled Worker Litigation -- Test Cases to be Heard in Toronto -- January 14-16th, 2013

There have been some important new developments in our legal case against Citizenship and Immigration Canada (CIC) to stop them from terminating your Federal Skilled Worker (FSW) application for a Canadian permanent resident visa. These new developments are technical in nature and I believe they will NOT impact our case in a negative way.

We were scheduled to make preliminary arguments in our Class Action case in Federal Court on November 23, 2012. If we would have succeeded in our preliminary arguments, the Court then would have scheduled a future date for next steps and the future date likely would have been months from now.

Instead, we will proceed by way of a “test case”. The Court has made dates available (January 14th through January 16th, 2013) in Toronto, during which time lawyers including David Cohen and myself will have the opportunity to present arguments. This will allow us to have “our day in court” much sooner than if we had proceeded by way of a Class Action and in the end the result will be the same for our clients.

A test case is different from a Class Action. In a test case, a lawyer has the chance to present arguments on behalf of one client. The decision the Court renders in the test case will also apply to the other clients represented by the lawyer under the same circumstances.

The thrust of our argument is that the intended action of CIC (termination of the applications) is unconstitutional on the grounds that it is discriminatory against individuals based on their country of origin (Section 15 of the Canadian Charter of Rights and Freedoms). If the Court decides in our favor then the law empowering CIC to terminate the applications will be struck down. This outcome would apply not only to the test case but to all of the other clients we are representing in this matter as well.

In anticipation of having our test case heard by the Court in mid-January, 2013, we have adjourned (not withdrawn) our Class Action case. If, for any reason, CIC takes any action to begin terminating applications before there is a decision on our test case, we would go back to the Court on the Class Action case and ask for an order that would require CIC to refrain from destroying the integrity of the Class. Should you receive a notice from CIC before January 13, 2013 informing you that your application has been terminated you must contact our office immediately.

A pre-hearing conference is likely to take place during the week of December 10th, 2012.

I will advise you again as and when there is any news involving our court case on your behalf.

Note: Campbell Cohen has sent out the same message.

http://www.bellissimolawgroup.com/update-federal-skilled-worker-litigation-test-cases-to-be-heard-in-toronto-january-14-16th-2013

 

[warmest]

Tim Harper: We need foreign workers, they need fair treatment

Published on Wednesday November 14, 2012
OTTAWA

The day Canadians decide en masse that they will relocate to northern Alberta or northern British Columbia to take available jobs, we can have a proper debate in this country over the need for the Temporary Foreign Worker program.

Until that fanciful day arrives, let's accept that this program fills a huge void in the Canadian labour market in 2012.

There are two other more relevant questions to debate — why has this program been left open to such obvious abuse and why has its use accelerated so quickly under the Conservative government?

Human Resources Minister Diane Finley has been forced into a long overdue review of the program by organized labour in British Columbia after a subsidiary of the Chinese Dehua Mines advertised for workers fluent in Mandarin, apparently ignoring the requirement that efforts first be made to locate or train Canadian workers to fill the mines jobs.

“Our government believes that Canadians must always have first crack at job opportunities in Canada,'' Finley said.

A day after the review was announced, four temporary foreign workers from Mexico launched a human rights complaint against their boss at two Tim Hortons outlets in Dawson Creek, B.C., accusing him of rent gouging, forcing them into overcrowded housing, threatening to summarily send them home and general ill treatment.

There have been, historically, two groups of employers who use the Temporary Foreign Worker program.

There are those who are filling a legitimate labour need, cannot find Canadians to fill the jobs, treat the foreign workers with respect and pay them proper wages.

And then there are those who see the program as an easy shortcut to cheap labour, a move that exploits the workers and drives down wages generally for Canadians and temporary foreign workers.

Foreign workers in this country toil in the confectionary industry, the meat packing industry, the oil production industry and all manner of industry in between. At any given time, there are more than 400,000 of them in this country.

If this program was shut down, it is no exaggeration to say that unemployment would jump and businesses would close.

While the number of immigrants arriving in Canada under the family class, economic and refugee programs has declined under the Conservatives, there has been a 50 per cent jump in the temporary workers class since Stephen Harper took power.

In the British Columbia mines case, it isn't clear whether a bloated bureaucracy administering the program at human resources and skills development just missed the wording of the application for workers or saw it and looked the other way, because there are no regulations preventing prospective employers from listing proficiency in another language — even though Finley singled that out as particularly troubling.

But those who know this program well have a rather simple solution to the problem of fraud and abuse — require workers to speak one of Canada's official languages.

An English-speaking temporary worker is less vulnerable to abuse and less likely to accept substandard wages.

Employers would prefer English-speaking workers because they are easier to train.

Although most temporary workers leave the country after two years, those with specialized skills are allowed to apply for permanent residency, then citizenship.

Here, again, French or English is a requirement, as it is for virtually all the economic class of immigrants in this country.

The world is going to shift, Harper told the Globe and Mail last week, and competition for skilled immigrants will become heated as workforces age and immigrants are needed to fill skilled jobs.

Immigration Minister Jason Kenney has already served notice in Britain that he will compete fiercely with Australia to woo skilled, but underemployed or unemployed young Britons.

He has even been accused of trying to “poach” English-speaking Polish immigrants from Britain, leading The Independent newspaper to suggest that Kenney's campaign means the old adage of “foreigners are stealing our jobs'' is being replaced with foreigners “are coming over here and stealing our immigrants.''

Kenney replicated his efforts in Ireland, where he appeared at a giant Dublin jobs fair and even a popular late night talk show to try to woo skilled young Irish to come to Canada.

There is no cap on the temporary workers program. It is market driven, and Canadian business has generally found the Conservatives responsive to their pleas to expand the program and make it easier and faster to bring temporary workers to this country.

Easier and faster is often the path to exploitation. If a language requirement slows the flow, it will also slow the abuse.

There is no reason Canada cannot be aggressive and humane, simultaneously.

Tim Harper is a national affairs writer. His column appears Monday, Wednesday and Friday. tharper @ thestar.ca

http://www.thestar.com/news/canada/politics/article/1287333--tim-harper-we-need-foreign-workers-they-need-fair-treatment

 

[kau_shik_patel]

One employee of CHC NEW DELHI confirming that

CIC is trying to settle PRE-2008 Backlog cases in out side Federal court before announcing new Immigration law for Canadian immigration.

they did more meetings with Honorable Mr. Justice Barnes and lawyers excluding TIM in this aspect.
almost 80 % settlement has been done among the personalities,further they will settle under "case management" means only safe those applicants only who files cases.
they have also calculated all cases filed in federal court they are almost 5000 to 7000.

 

[hopefulever]

Why exclude Tim? Is he untouchable.