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Federal Skilled Worker Class Action Lawsuit

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sans_nom24 said:
9? Do you know their names?
Regarding the names of the 9 lawyers, you may refer to my posting on page 49 of this thread. But note the lead files of some of the lawyers have changed by now.
 

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New Federal Skilled Worker Program to accept applications beginning May 4, 2013

Ottawa, December 19, 2012 — The new selection system for the Federal Skilled Worker Program (FSWP) will take effect on May 4, 2013 at which time the program will re-open for applications, Citizenship, Immigration, and Multiculturalism Minister Jason Kenney announced today.

“The government's number one priority remains jobs, economic growth, and long-term prosperity,” said Minister Kenney. “The new Federal Skilled Worker Program criteria will ensure Canada is selecting the skilled immigrants our economy needs, who are the most likely to succeed and fully realize their potential in Canada.”

The improvements to the FSWP points grid are based on a large body of research which has consistently shown that language proficiency and youth are two of the most important factors in the economic success of immigrants.

The final changes to the FSWP selection criteria include:

- Minimum official language thresholds and increased points for official language proficiency, making language the most important factor in the selection process;
- Increased emphasis on younger immigrants, who are more likely to acquire valuable Canadian experience, are better positioned to adapt to changing labour market conditions, and who will spend a greater number of years contributing to Canada's economy;
- Introduction of the Educational Credential Assessment (ECA), so that education points awarded reflect the foreign credential's true value in Canada;
- Changes to the arranged employment process, allowing employers to hire applicants quickly, if there is a demonstrated need in the Canadian labour market; and
- Additional adaptability points for spousal language ability and Canadian work experience.

“For too long, too many immigrants to Canada have experienced underemployement and unemployment, and this has been detrimental to these newcomers and to the Canadian economy,” said Minister Kenney. “Our transformational changes to the FSWP will help ensure that skilled newcomers are able to contribute their skills fully to the economy as soon as possible. This is good for newcomers, good for the economy, and good for all Canadians.”

There are two new steps to the new selection system. First, applicants will have to demonstrate that they meet the minimum language threshold, which is level 7 of the Canadian Language Benchmark assessment system. Applicants will be able to get a language assessment from existing agencies designated by the Minister and listed on the CIC website.

Second, applicants will have their education credentials assessed prior to arriving in Canada. A list of assessment organizations designated by the Minister will be made available early in the New Year. The assessment of foreign educational credentials will provide prospective newcomers with a more realistic understanding of how their credentials compare to education standards in Canada. It will also give them the opportunity to upgrade their education prior to coming to Canada if they choose.

It is important to note that these changes will not apply to people who have applied to the FSWP prior to May 4, 2013 with a qualifying arranged job offer or under the Ph.D. stream.

As recently announced, due to the actions taken over the past months, new applications under the FSWP will be processed in a few months, rather than a few years. In order to ensure fast processing times and to avoid backlogs, the new FSWP will accept a fixed number of applications each year.

In the medium term, the Government is also moving forward to develop and implement an Expression of Interest (EOI) model, which will provide employers with access to a pool of skilled workers.

http://www.cic.gc.ca/english/department/media/releases/2012/2012-12-19.asp?utm_source=media-centre-email&utm_medium=email-eng&utm_campaign=generic
 

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hopeful4 said:
Tim has just changed the lead file to IMM-4032-12. You can follow all the news about his motion from there.

So strange what a simple thread can reveal in people,,,some are so happy with the simple fact that the case might be dismissed,,,no matter how this news can be depressive to other persons,,,,,the (I was right all the way ) feeling is obviously more fundamental to them than simple human compassion .

Have some humanity for heavens sake,,,,,
Thanks hopeful4 for your support. I am overwhelmed by your kindness.

My humble suggestion to you is to ignore and are not to be taken seriously and they don't deserve your precious time. Please reserve your time and efforts for better things in life.

Have a nice time enjoying Christmas and New Year 2013. If you don't believe in these two festivities, then let this time be your happy holidays.

Be positive. Our lawyers will win the case for us. Cheers. :)
 

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Backgrounder — Overview of the New Federal Skilled Worker Program

The Federal Skilled Worker Program (FSWP) selects immigrants based on their ability to succeed economically in Canada. It measures applicants using a selection grid worth up to 100 points. The current pass mark is 67. Each applicant is awarded points for official language ability, age, education, work experience, employment already arranged in Canada, and adaptability (such as previous work experience or education acquired in Canada).

Following a thorough review of relevant research, an extensive program evaluation, stakeholder and public consultations, research and study of best practices in other immigrant receiving countries, Citizenship and Immigration Canada (CIC) is introducing a suite of improvements to the FSWP.

What has changed and why:
LANGUAGE: Requiring a minimum level of language proficiency (28 points max.)
Canadian and international research has consistently shown that language proficiency is the single most important factor in gaining better rates of employment, appropriate employment and higher earnings.

In light of this, CIC is establishing minimum language requirements and is significantly increasing the maximum points awarded for the applicant's proficiency in English or French. Language ability is now the most important factor on the grid, representing a total of up to 28 points in recognition of its critical importance in ensuring successful outcomes.

AGE: More emphasis on younger workers (12 points max.)
Studies show that younger immigrants integrate more rapidly into the labour market and spend a greater number of years contributing to Canada's economy. The revised selection grid benefits younger immigrants by awarding a maximum of 12 points up to age 35, with diminishing points awarded from 35 to age 46. There will be no points given after age 46; however, workers aged 47 or older will continue to be eligible for the Program.

EDUCATION: New Educational Credential Assessment (25 points max.)
Previously, points were awarded based on the applicant's educational credentials in their home country and the years of education required to obtain the credential. This did not take into account its comparative value when assessed against Canadian educational credentials.

The new regulations require a mandatory assessment of foreign educational credentials to determine their equivalency to a completed educational credential in Canada. This also helps to screen out fraudulent credentials, as CIC will not accept those that are not equivalent to a completed Canadian educational credential. In summary, education points will be awarded based on the value of the educational credentials in Canada.

The Minister of CIC will designate credential assessment organizations and regulatory bodies to conduct the assessments as part of the immigration selection process. These agencies will be announced in early 2013.

WORK EXPERIENCE: Redirecting points to other factors (15 points max.)
Foreign work experience is a weak predictor of success in the Canadian labour market. As a result, CIC is reducing the total number of points for work experience from 21 to 15, and increasing the years of experience required to get full points. These changes better reflect the relative value that Canadian employers place on foreign work experience, and allow extra points to be redirected to the language and age factors, which are better indicators of success in the Canadian labour market.

ARRANGED EMPLOYMENT: Streamlining the process and reducing the potential for fraudulent job offers (10 points max.)
The FSWP evaluation showed that people who immigrate with a valid job offer do very well in Canada, earning 79% more in the first three years after arrival than people without arranged employment. However, a more rigorous up-front assessment of the employer and job offer is needed to curb the potential for fraud.

This will be achieved by requiring employers to get a Labour Market Opinion (LMO), issued by Human Resources Development Canada. This will verify that there is a need in the Canadian labour market for this type of worker and that the employer has tried to hire a Canadian or permanent resident first. A benefit for employers is that once they have established this labour market need, they can use the LMO to bring the worker in quickly on a work permit while the worker's application to immigrate permanently is being processed.

ADAPTABILITY: Changes to reflect factors that help promote integration (10 points max.)
CIC is proposing changes to the adaptability criteria to emphasize factors that are shown to have a positive impact on an immigrant and their family's integration. As employers have shown a preference for workers with Canadian study and work experience, points for previous work experience in Canada will be increased for the principal applicant. Points for previous study in Canada will remain the same.

Feedback from the consultations strongly recommended replacing the points factor for a spouse's education with points for a spouse's language proficiency to improve the likelihood of a family's successful integration. The points for previous spousal study and/or work in Canada, and having relatives in Canada will remain unchanged. Applicants will have more opportunities overall to earn adaptability points, although the total points will remain the same.

Overall, the new and revised FSWP will enable CIC to select younger skilled workers, proficient in English or French, who can integrate more rapidly and successfully into the Canadian labour market and be active members of the work force for a longer period of time. These changes will also assist the government in meeting the goals stated in Canada's Economic Action Plan 2012 by building a fast and flexible immigration system whose primary focus is meeting Canada's economic and labour market needs.

SUPPORTING RESEARCH:
- A 2005 Statistics Canada study found that employment rates of immigrants increased with their ability to speak English and that language proficiency had the biggest impact on their ability to find employment in a high-skilled job or in their intended field.
- In a 2009 Compas Research survey on strategies for integrating internationally educated professionals into the Canadian work force, 87% of employers cited inadequate language skills as the top barrier preventing the foreign-educated from finding suitable employment.
- A 2008 Statistics Canada study found that literacy skills play a role in the wage gap between Canadian-born workers and newcomers to Canada.
- A 2001 academic study (Footnote 1) on immigrant earnings in Canada found that on average, the greatest economic gains are realized from immigrants who arrive in Canada between 20 and 30 years old.
- A 2004 academic study (Footnote 2) on elderly immigrants in Canada found that migrants aged 45 years and over experience unemployment rates almost double those aged 25 to 34 years.

Footnote 1: Schaafsma and Sweetman (2001). Immigrant earnings: age at immigration matters.

Footnote 2: Dempsey, C. (2004) Elderly Immigrants in Canada: Income Sources and Self-sufficiency.

http://www.cic.gc.ca/english/department/media/backgrounders/2012/2012-12-19.asp
 

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Taking stock of the overall current situation, I guess the following might happen in the near future.
1. During the hearing in 14-16 January 2013, Justice Rennie will hear the lawyers argue that the law (s. 87.4) is unconstitutional and unfair. A week or two after, Justice Rennie might rule that the law (s. 87.4) is unlawful.
2. In late January or early February 2013, either Justice Barnes or any other judge (if Justice Barnes refuses) might rule in favour of Tim's motion.
3. CIC might start sending the refunds to the non-litigants in February or March 2013.
4. If the court orders CIC to process the litigants applications on a fast-track mode, then there is a chance that most of the litigants files will be processed before the end of 2013 itself.

Let us be positive and hope for the best.

I request those applicants who have not yet joined any of the litigations to make it fast and join before 8 or 9 January 2013 so as to be protected by law.

Year 2013 is going to be a year of boon for the litigants and a year of bane for CIC and Jason Kenney.
 

PMM

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Hi


warmest said:
Taking stock of the overall current situation, I guess the following might happen in the near future.
1. During the hearing in 14-16 January 2013, Justice Rennie will hear the lawyers argue that the law (s. 87.4) is unconstitutional and unfair. A week or two after, Justice Rennie might rule that the law (s. 87.4) is unlawful.
2. In late January or early February 2013, either Justice Barnes or any other judge (if Justice Barnes refuses) might rule in favour of Tim's motion.
3. CIC might start sending the refunds to the non-litigants in February or March 2013.
4. If the court orders CIC to process the litigants applications on a fast-track mode, then there is a chance that most of the litigants files will be processed before the end of 2013 itself.

Let us be positive and hope for the best.

I request those applicants who have not yet joined any of the litigations to make it fast and join before 8 or 9 January 2013 so as to be protected by law.

Year 2013 is going to be a year of boon for the litigants and a year of bane for CIC and Jason Kenney.
I doubt that the judge will rule 87.4 is unlawful. It was passed by the duly elected parliament.
 

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PMM said:
Hi
I doubt that the judge will rule 87.4 is unlawful. It was passed by the duly elected parliament.
Hi,
There are instances in almost every country where the courts of those countries have ruled against their respective governments (duly elected as well) for enacting some laws. Those laws were struck down by courts.

So, it is not a matter of whether it was passed by duly elected government or care taker government or military rule or king or queen or with majority vote or with no opposing vote at all. It has everything to do with whether it is constitutional (adhering to the constitution of Canada). So, it is more about the legality. Though CIC and Jason Kenney claim that the draft of the law was approved by the Deputy Attorney General of Canada, the final authority to decide whether it is lawful or not is the Court. Let us wait and see.
 

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Irrespective of whether Justice Rennie rules s. 87.4 as constitutional or unconstitutional in January 2013, Tim's motion will not at all be affected because Justice Rennie had delivered his judgement on 14 June 2012 itself favouring the litigant (Liang, whose lawyer was Tim). Bill C-38, containing s. 87.4 of the Immigration and Refugee Protection Act, became law only on 29 June 2012. Hence the judgement favouring the litigants was given before the law was enacted. So those who have joined Tim's litigation before that judgement day are already protected by that judgement. It is only a matter of time that the court will ask CIC to honour the agreement that CIC made with Tim. This was an agreement made in the court and it is in the court records.
 

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The following notes was extracted from the curriculum of Grade 6 Park of St. Mary's School in Canada.

Four Pillars of Democracy
Justice – fair treatment of individual and groups. Upholding just, fair and equitable treatment, and providing due reward in accordance with honour, standards, or laws. Justice means we have a system to make sure that everyone is treated fairly. If a citizen or government makes a decision that is not fair there will be consequences.

Equity – treating people fairly; sometimes accommodations need to be made so that things will be equal or fair for everyone. Being fair and just!

Freedoms – are about things the government and others are not allowed to stop you from doing. Freedoms, in a democracy, mean that people can act without interference from others or the government.

Representation – in a representative democracy citizens elect their representatives to govern and make decisions on their behalf. In Canada we choose people who form the government and they make decisions for us. These representatives have a responsibility to listen to the needs of all citizens. We choose our representative by voting for them. La Grande Paix de Montreal is an early example of representation.

http://www.gr6park.com/index.cfm?subpage=919223
 

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Just because a law is enacted in a parliament by a duly elected majority government, with also the support of the opposition party(ies), and the approval of the Attorney Generals and the final nod of the President or Queen, it does not mean that law is constitutional and valid. It can still be unconstitutional and invalid. If someone challenges the constitutionality or validity of a particular law, then it is for the court to decide and the court's decision is final. The parliament, the government, the Attorney Generals, the President and the Queen are all bound by law to follow the court. That is how it is. Any government or any military rule can enact laws, but it is for the courts of that particular country to uphold or strike down those laws, in case those laws are challenged in the courts.

When it comes to courts, it is all about FAIRNESS (free from bias or injustice). Nothing more or nothing less. Might does not make right in the court. Truth and justice ultimately triumphs.
 

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PMM said:
Hi


I doubt that the judge will rule 87.4 is unlawful. It was passed by the duly elected parliament.
I would agree too, the courts may consider calling a law, unlawful it affects the rights(fundamental rights) of its citizens.
If this is deemed unlawful and the courts order the CIC/HC to fastrack the litigants files, I see a wave of rejections within a month, based on some reason or other (on result of tighter scrutiny)
 

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This is again an extract from the curriculum of Grade 6 Park of St. Mary's School in Canada.

Protecting our Rights

Court System
The court system in Canada protects our rights and freedoms. A person or group who thinks a right or freedom has been taken away takes the case to a provincial court. The court makes a decision, but either side can appeal if they believe the decision was unfair. Appeal means to ask a higher court to review a decision made by a lower court. The highest court in Canada, The Supreme Court, considers the most important cases and their decision is final.

Constitution
Our Constitution is the highest law of the land. It is a set of principles that lays out the rules for how our country will be governed. The Constitution is very difficult to change.

The Charter was entrenched (firmly established) in the Constitution so that rights would be more effectively protected. The following reasons outline why it was essential for the CCRF to be part of the Constitution:
1. No one, including the government, can take away the rights and freedoms of people in Canada.
2. Laws that do not align with the Charter will be quickly struck down.
3. Provincial and federal leaders must negotiate and agree before any changes can be made to the Constitution.
4. All minority groups are protected

http://www.gr6park.com/index.cfm?subpage=919223
 

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warmest said:
This is again an extract from the curriculum of Grade 6 Park of St. Mary's School in Canada.

Protecting our Rights

Court System
The court system in Canada protects our rights and freedoms. A person or group who thinks a right or freedom has been taken away takes the case to a provincial court. The court makes a decision, but either side can appeal if they believe the decision was unfair. Appeal means to ask a higher court to review a decision made by a lower court. The highest court in Canada, The Supreme Court, considers the most important cases and their decision is final.

Constitution
Our Constitution is the highest law of the land. It is a set of principles that lays out the rules for how our country will be governed. The Constitution is very difficult to change.

The Charter was entrenched (firmly established) in the Constitution so that rights would be more effectively protected. The following reasons outline why it was essential for the CCRF to be part of the Constitution:
1. No one, including the government, can take away the rights and freedoms of people in Canada.
2. Laws that do not align with the Charter will be quickly struck down.
3. Provincial and federal leaders must negotiate and agree before any changes can be made to the Constitution.
4. All minority groups are protected

http://www.gr6park.com/index.cfm?subpage=919223

Old growup guys.. It's almost impossible to question the whole constitution of the country even for courts.. They won't want anarchy in their country..
 

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Judges are learned men. They were lawyers once. They have had formal education in law. They later undergo training while practising law. They also have a lot of experience handling different legal cases. Please refer to my postings in pages 41 and 42 of this thread to know about the profile of Justice Barnes and Justice Rennie respectively.

These judges are not mad street dogs. Nor, are they the agents of CIC or Jason Kenney. They are educated judges and they know what is meant by 'justice'.

Now, the ball is in the courts of the lawyers. The lawyers are getting ready to play their shots. Once they have played their shots during 14-16 January 2013, then the ball will be in the court of Justice Rennie, for him to play his shot. The game is getting interesting one again. Guys, it is now time to relax and enjoy the game. Hope our happy moments come alive in January 2013. B+ve, as usual, and for ever. :D
 

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warmest said:
Irrespective of whether Justice Rennie rules s. 87.4 as constitutional or unconstitutional in January 2013, Tim's motion will not at all be affected because Justice Rennie had delivered his judgement on 14 June 2012 itself favouring the litigant (Liang, whose lawyer was Tim). Bill C-38, containing s. 87.4 of the Immigration and Refugee Protection Act, became law only on 29 June 2012. Hence the judgement favouring the litigants was given before the law was enacted. So those who have joined Tim's litigation before that judgement day are already protected by that judgement.[/b] It is only a matter of time that the court will ask CIC to honour the agreement that CIC made with Tim. This was an agreement made in the court and it is in the court records.
hello!!! PL WAKE UP!!!! your info is v. old and dated. Barnes has already dismissed Tim's motion. the fed. court link cant be attached here. the news is also there in FB. For tim's litigants like me the dream is already over and we are in the same situation as all others see -- cas-ncr-nter03.cas-satj.gc.ca/IndexingQueries/infp_RE_info_e.php?court_no=IMM-7502-11