Good day,
Attached is the letter DoJ sent to the Court today in response to the letter I sent yesterday and which I received after I had returned from the CTV studio. It contains both good and bad news but, overall, presents no problem.
The good news is that CIC will not abolish the older files unless Parliament passes legislation allowing him to do so. Thus, unless and until then, the Minister's plan has no effect on our litigation. If, before such legislation is passed, we get an order from the Court requiring the Minister to process the litigants' files, CIC will still have to process our litigants' files even after CIC has closed the door to the unassessed pre-27 February 2008 files.
The other good news is that "approximately 30 to 40" of the Class I litigants' files were assessed before 29 March 2012. Therefore, they are safe no matter what.
The bad news is that, once the legislation is passed -- and, as the Government has a majority in the House, its legislation will be passed unless withdrawn -- DoJ will move to have dismissed the other Class I applications on the grounds that the Court may not order CIC to process a file which no longer exists. However, Mr. Gold is only confirming what I had already expected and something for which I have already conjured a counter measure -- hence the reason his letter does not disturb me.
The race is now on to see whether our case is decided before the legislation is passed.
Finally, because the Minister has thrust the issue into the political arena, it means that other pressures may be brought to bear to oblige a reversal. For example, while the Minister claimed that 200,000 applicants are all that are involved, the true figure (as of January 6th) is 302,365; and, while he has had set aside $130 million to repay the processing fees, the cost for 300,000 principle applicants is $166 million and, when one includes the dependants, the Treasury will be out $350 million. Thus, when the truth comes out, the Government may rethink its position.
Regards,
Tim
Attached is the letter DoJ sent to the Court today in response to the letter I sent yesterday and which I received after I had returned from the CTV studio. It contains both good and bad news but, overall, presents no problem.
The good news is that CIC will not abolish the older files unless Parliament passes legislation allowing him to do so. Thus, unless and until then, the Minister's plan has no effect on our litigation. If, before such legislation is passed, we get an order from the Court requiring the Minister to process the litigants' files, CIC will still have to process our litigants' files even after CIC has closed the door to the unassessed pre-27 February 2008 files.
The other good news is that "approximately 30 to 40" of the Class I litigants' files were assessed before 29 March 2012. Therefore, they are safe no matter what.
The bad news is that, once the legislation is passed -- and, as the Government has a majority in the House, its legislation will be passed unless withdrawn -- DoJ will move to have dismissed the other Class I applications on the grounds that the Court may not order CIC to process a file which no longer exists. However, Mr. Gold is only confirming what I had already expected and something for which I have already conjured a counter measure -- hence the reason his letter does not disturb me.
The race is now on to see whether our case is decided before the legislation is passed.
Finally, because the Minister has thrust the issue into the political arena, it means that other pressures may be brought to bear to oblige a reversal. For example, while the Minister claimed that 200,000 applicants are all that are involved, the true figure (as of January 6th) is 302,365; and, while he has had set aside $130 million to repay the processing fees, the cost for 300,000 principle applicants is $166 million and, when one includes the dependants, the Treasury will be out $350 million. Thus, when the truth comes out, the Government may rethink its position.
Regards,
Tim
