Quebec immigration lawyers threaten Ottawa with legal action over family reunification delays

The Association of Quebec Immigration Lawyers (AQAADI) is demanding that federal Immigration Minister Marc Miller speed up the application process  for family reunification in Quebec.

The association is threatening to take Miller to federal court if he doesn't come up with a written plan in the next two weeks.

The letter, sent on Friday, demands Miller end "unreasonable delays" for families wanting to reunite in Quebec and bring average processing times there down to what they are in other provinces.

"This processing schedule must be public, clear, orderly and reasonable for applications that already have a Quebec Selection Certificate issued," it reads.

The AQAADI also demands that eight individual applications get finalized within 30 days.

Laurianne Lachapelle's case is one of eight included in the letter.

In 2022, she sponsored her husband's application to bring him to Quebec. But nearly two years later, he still lives in his native Guatemala.

Also denied a visitor's visa on five separate occasions, her husband has never been allowed to step foot in Canada, she says.

"We want to be together, just have a normal life, but we can't see when that will happen," she said, adding that the experience has been traumatizing and has left her feeling desperate.

Lachapelle says she and the others who are waiting for their loved ones decided to band together because they feel families in Quebec are being treated unfairly compared to those in other parts of the country.

According to the AQAADI, people in Quebec wait double or triple the amount of time for their reunification applications to be processed when compared with the rest of Canada.

As of Oct. 1, 2023, the number of people waiting to be granted permanent residence and reunited with family in Quebec stood at over 38,000. By Feb. 1, that number jumped to over 43,000, according to Quebec's Immigration Ministry.

Quebec's family reunification program is capped at around 10,000 applicants per year — a cap that isn't in place in other provinces.

In March, Miller stated Ottawa would bypass Quebec's immigration cap to speed up the process, saying it would grant more than 20,000 people permanent residency.

A personal toll

In 2023, Québec Réunifié, an advocacy group that pushes for family reunification, conducted a survey of people waiting for applications to be approved.

"We found that more than three quarters of families involved in these long delays have either generalized anxiety or major depression," said Québec Réunifié spokesperson Sacha Sidani.

Although he says Québec Réunifié supports the move by the AQAADI, he hopes the matter doesn't escalate to the court and cause even greater delays for those waiting to reunite with their loved ones.

"We know very well that federal court in Canada takes a very long time so this would mean that families will be separated for a few months, maybe a few more years," said Sidani.

In a statement, Bahoz Dara Aziz, a spokesperson for Miller, told CBC News that the ministry is working to reunite families more quickly.

"As announced by Minister Miller, we have started to increase the processing of family class applications destined to Quebec to slow down the growth of inventories and processing times relating to family reunification in that province," said the spokesperson.

"Given Quebec's limiting of spaces, a backlog has accumulated over past years, this will take time to tackle, but we are dedicated to bringing families together in Quebec more quickly."