Quebec Superior Court grants temporary injunction in case of cancelled immigration files

A Quebec Superior Court judge has granted a request by immigration lawyers, forcing the government to continue to process applications filed under the Regular Skilled Worker Program for a period of 10 days.

On Feb. 7, Immigration Minister Simon Jolin-Barrette tabled Bill 9 at the National Assembly.

The proposed legislation, which is currently under review, is aimed at changing how the province accepts immigrants. The bill includes the implementation of a French language test and a Quebec values test.

READ MORE: ‘Unjust and arbitrary’: Québec Solidaire calls out government over 18,000 cancelled immigration files

At the same time, Jolin-Barrette also announced the cancellation of 18,000 immigration applications filed under the Regular Skilled Worker Program.

The move was met with public outcry and was heavily criticized by opposition parties at the National Assembly.

On Friday, immigration lawyers argued in court that the Coalition Avenir Québec government was ignoring current laws in anticipation of Bill 9 becoming law.

READ MORE: What to expect from this week’s Bill 9 hearings

Olga Redko, one of the lawyers fighting for the injunction, said the decision to cancel the files has had a devastating impact for thousands of people and that remedial action was required.

“The decision of the minister not to process these files has an immediate impact so we need the court’s intervention right now,” she said on Friday.

The province defended its decision by saying it hadn’t stopped processing files; it simply stopped rendering decisions.

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Quebec government lawyer Thi Hong Lien Trinh said the law gives the minister broad discretion. She argued the government’s decision to stop rendering decisions was a question of “efficiencies” as the bill in its current form would require those applicants to reapply in any case.

The province also argued that the level of urgency claimed in the case fell short of meeting criteria required for an injunction.

Government lawyers argued that if the matter were so urgent, an injunction should have been filed sooner.

The judge disagreed.

READ MORE: Quebec immigration minister defends cancellation, says 18,000 immigration applicants can re-apply

Justice Frédéric Bachand didn’t mince his words saying outright, “the government is wrong.”

Bachand explained the association of immigration lawyers had written an open letter in the hopes the government would backtrack on its decision. When it became apparent, it wouldn’t, they began legal proceedings.

The current injunction will be in effect until March 7, but Bachand said the criteria required to obtain a permanent injunction are the same as those required for a temporary one.

On Tuesday, these same immigration lawyers, representing the Association québecoise des avocats et avocates en droit de l’immigration (AQAADI) will present their views at the Bill 9 hearings at the National Assembly in Quebec City.

— With files from the Canadian Press