Legal Option: Claim for CIC mistake

[sapguru]

CIC had lost my parent's passports during their PGP application process that cost more than $1000 to get new passports including other expenses and a week of grief. What are the legal options to request CIC to pay for these expenses?

 

[Rob_TO]

CIC had lost my parent's passports during their PGP application process that cost more than $1000 to get new passports including other expenses and a week of grief. What are the legal options to request CIC to pay for these expenses?

Did CIC admit to you in writing they lost the passports internally?
Or did they say they were lost in the mail (either they didn't receive, or sent to you but you didn't receive)?

 

[sapguru]

Did CIC admit to you in writing they lost the passports internally?
Or did they say they were lost in the mail (either they didn't receive, or sent to you but you didn't receive)?

Thanks Rob. They have not admitted the fault. I have a proof that the package containing passports that they sent back (using the return envelop with tracking number that I had provided) was delivered to a wrong province. They have re-issued the PR Visa request for the new passports.

 

[Aquakitty]

Thanks Rob. They have not admitted the fault. I have a proof that the package containing passports that they sent back (using the return envelop with tracking number that I had provided) was delivered to a wrong province. They have re-issued the PR Visa request for the new passports.

What happened to the original passports? Did you try to contact the courier?

 

[sapguru]

What happened to the original passports? Did you try to contact the courier?

Long story. In summary, Canada Post do not know where they delivered the package as they just track the City but not the actual address in their tracking system.

We followed the steps that CIC instructed us to send and receive the passports. They chose Canada Post's expresspost service.

CIC did not handle foreign passports with the same importance and respect as Canadian passports while transporting them.

 

[Rob_TO]

Thanks Rob. They have not admitted the fault. I have a proof that the package containing passports that they sent back (using the return envelop with tracking number that I had provided) was delivered to a wrong province. They have re-issued the PR Visa request for the new passports.

I would start with your MP and see if they can file a compliant or claim for you.

If you have a copy of something that shows they were sent to wrong address, you may have a claim but realistically the cost of a lawyer to help you through this would be more than any money you may have spent on getting new passports. And in the end there is no guarantee you'll get any reimbursement from CIC anyways, even if it was their fault. You would need to get your story covered by a national news outlet or something for them to care.

 

[Aquakitty]

Long story. In summary, Canada Post do not know where they delivered the package as they just track the City but not the actual address in their tracking system.

We followed the steps that CIC instructed us to send and receive the passports. They chose Canada Post's expresspost service.

CIC did not handle foreign passports with the same importance and respect as Canadian passports while transporting them.

That doesn't seem right. If it was Express Post, there is tracking right to the door or mailbox. There's no way they don't know or can't find out where it went to.

 

[scylla]

Long story. In summary, Canada Post do not know where they delivered the package as they just track the City but not the actual address in their tracking system.

We followed the steps that CIC instructed us to send and receive the passports. They chose Canada Post's expresspost service.

CIC did not handle foreign passports with the same importance and respect as Canadian passports while transporting them.

If you have a legal claim, it would be against Canada Post - not CIC. Mistake was made by Canada Post, not CIC.

 

[sapguru]

That doesn't seem right. If it was Express Post, there is tracking right to the door or mailbox. There's no way they don't know or can't find out where it went to.

I can send you a tracking number in your email if you are really interested and you can see that they track only the city. The same information is stored in their internal tracking system if they have one. I had opened 2 tickets with CP asking the same question. Another note is that their system notifies you (if subscribed online to be notified) only after it delivers the package. It does not notify when the package was sent out to transit or any other phases. It happens very fast for 1 day shipping. These system flaws have been reported to CP Ombuds.

 

[sapguru]

If you have a legal claim, it would be against Canada Post - not CIC. Mistake was made by Canada Post, not CIC.

I agree that CP is responsible for delivering package to wrong address. For the whole story, only I have a proof of tracking receipt from CP showing both tracking number and destination address. CP and CIC only have the tracking number, but no knowledge of destination address.
At the same time, it is difficult to believe a package to be sent to 1000 km away from its original destination, to a different province, and not a single person at CP noticed it. I think the destination address got changed when it was shipped from CIC and CP delivered it to the address wherever it was destined for.

 

[truesmile]

"Thinking the destination got changed" doesn't and won't prove anything. For your sake, I hope that's NOT the case. If it is say an address change glitch at CIC you will NEVER be able to prove it.

S&%t (crap) happens! I think you're just going to have to suck it up and add it to the overall cost of sponsorship.

 

[sapguru]

Another important thing to mention is that someone has all the confidential information that can be used for bad purpose. The person receiving the package has the UCI #, Name, Date of Birth, Place of Birth and Passports. As an example, this information can be used at eCas to check status and who knows may also be used for other purposes in future.

Passwords can be changed, but not the name or date of birth.

It is a very serious matter of identity breach!

 

[bickyii]

Another important thing to mention is that someone has all the confidential information that can be used now and later for good and bad purpose. The person receiving the package has the UCI #, Name, Date of Birth, Place of Birth and Passports. As an example, this information can be used at eCas to check status and who knows may also be used for other purposes in future.

Passwords can be changed, but not the name or date of birth.

It is a very serious matter of identity breach!

The very first thing I would have done is file a Police complaint. if anything happens to your identity or someone misuse those documents you will have proof that its not you.
Secondly, only you can do is file a complaint against Canada Post. I have seen many cases of their carelessness, but they were for normal post. One of my friend never got his passport back after stamping visa, and one of friends PR card was delivered to Montreal while he lived in Toronto and CIC issued hime replacement card, after 6 months some random guy messaged my friend on facebook that he got his original PR card !!! big cluster eff!!

 

[methyl]

Not surprised.
We submitted all sponsorship documents with the current address listed in a variety of places.
CIC sends a request for a police certificate - and the mailing address is the old address from one year before the application was even submitted. If this is not incompetence at CIC then what is?

Where they dug out the old address and for what reasons they stubbornly want to keep using it - who knows?

 

[sapguru]

The very first thing I would have done is file a Police complaint. if anything happens to your identity or someone misuse those documents you will have proof that its not you.
Secondly, only you can do is file a complaint against Canada Post. I have seen many cases of their carelessness, but they were for normal post. One of my friend never got his passport back after stamping visa, and one of friends PR card was delivered to Montreal while he lived in Toronto and CIC issued hime replacement card, after 6 months some random guy messaged my friend on facebook that he got his original PR card !!! big cluster eff!!

Yes, we had filed a police report. Based on that only, we had got new passports. Canadian passports are canceled once reported lost/stolen. Not sure about other country's passport. Hope those are canceled too.
I will be checking with Privacy Commission on this issue now.