The recent federal budget included $58 million in additional funding court administration but the Federal Court still doesn’t have a clear picture of how it can be used to reduce a massive caseload that has grown rapidly since 2020.
asserted
that → include → 2020
“At the moment, the Federal Court doesn’t have additional details on how the funding confirmed will be distributed among the stated purposes,” Chief Justice Paul Diner told The Canadian Press in an emailed statement on Thursday.
asserted
Diner → have → Thursday
The Federal Court hears immigration-related issues such as visa applications, refugee claims, admissibility cases and removals.
uncertain
Court → hear → applications
It has responsibility for upholding the law in other areas related to federal jurisdiction, like intellectual property, national security and Indigenous rights.
asserted
It → have → property
The court asked for additional resources to handle a caseload that’s ballooned to nearly 31,000 proceedings commenced as of Sept. 30 this year — up from about 7,600 in all of 2020.
asserted
that → ask → 2020
More than 27,000 of the proceedings started this year are immigration cases.
asserted
27,000 → start → proceedings
Diner told The Canadian Press in an August interview that judges and court staff have had to work evenings, weekends and vacation days to handle a caseload that has been growing in large part because of immigration matters.
asserted
that → tell → matters
The budget says the money is earmarked for the Courts Administration Service, which serves the Federal Court, the Federal Appeal Court, the Tax Court of Canada and the Court Martial Appeal Court of Canada.
asserted
which → say → Canada
The single mention of it in the documents published Nov. 5 says the new funding is meant to address the Federal Court caseload and to help the Courts Administration Service with Official Languages Act compliance, a translation backlog and the need to modernize court infrastructure.
asserted
funding → publish → infrastructure
The extra $58 million in funding is set to begin in the 2027/28 fiscal year and continue for four years, averaging $14.5 million annually.
asserted
million → set → million
Joannie Fogue, spokesperson for Justice Minister Sean Fraser, said the funding is meant to “strengthen the national courts,” respond to resource challenges and build workload efficiencies.
asserted
funding → say → efficiencies
But exactly how it will be allocated aren’t yet known.
asserted
allocated → allocate → ?
“We are continuing to work through the details and implications of the funding commitment and are awaiting further information on the how allocation will be distributed,” she said in a media statement.
asserted
she → continue → statement
While the court awaits more details, immigration lawyers question whether the additional money from Ottawa will do much to move cases through the court more efficiently, given how the demands have grown.
asserted
demands → await → court
“Any increase in funding is positive, but it’s a modest increase and the increase in the Federal Court’s immigration caseload has been anything but modest,” said Jacqueline Bonisteel, an Ottawa-based immigration lawyer.
asserted
Bonisteel → ’ → caseload
While Bonisteel said the additional funding is welcome, she doesn’t see how $58 million spread over four years will be enough, given the spike in the caseload.
asserted
million → say → caseload
“It’s not going to be enough to cope with the issues that the court’s seeing right now, a 600 per cent increase in immigration caseload since 2020,” she said.
asserted
she → go → 2020
“The current compliment of judges and the current resources that the court has just simply aren’t enough to deal with that magnitude of an increase.”
asserted
court → have → increase
Bonisteel said it can take “upwards of two years” now to get an immigration case through the court.
asserted
it → say → court
Zeynab Moayyed, a Toronto-based immigration lawyer, agreed the problems at the Federal Court go beyond what $58 million could fix.
uncertain
million → base → what
Moayyed cited a shortage of registry staff in the court and said routine paperwork that used to take about a day to process — like a filing for a judicial review — now takes weeks.
asserted
that → cite → weeks
Microsoft says services fully restored after global disruption
-
asserted
services → say → disruption
Former environment minister says Canada’s commitment to climate targets ‘factually untrue’
asserted
commitment → say → targets
Family appeals for help finding missing Penticton senior with dementia
-
asserted
Family → appeal → dementia
Danielle Smith says she’ll call up UCP officials not signing anti-separatism pledge
Moayyed attributed the increase in caseload in part to more people filing mandamus applications meant to force a decision from the Immigration Department when people are facing long delays.
But
asserted
people → say → delays
both Moayyed and Bonisteel said the quality of Immigration Department decisions has declined since the feds adopted artificial intelligence tools and new software in a bid to review and process applications more quickly.
asserted
feds → say → applications
The lack of human interaction at the department is turning small problems into large ones and pushing them onto the court’s plate, they said.
asserted
they → turn → plate
“Previously, (lawyers) could reach out to (Immigration, Refugees and Citizenship Canada), to program managers, to visa office managers and so on.
uncertain
lawyers → reach → managers
And … if it was a mistake they would receive a reconsideration and that matter would be reopened, and if it wasn’t a mistake, (the applicant) would understand what they did wrong,” Moayyed said.
asserted
Moayyed → receive → what
“But with the coming into effect of those tools, at the same time we had the shutting down of informal ways of addressing areas that happen in the system, and applicants started turning to Federal Court.”
asserted
applicants → come → Court
Bonisteel said the department could ease the Federal Court’s workload by finding a way to streamline requests for reconsideration before they get shunted to the court.
uncertain
they → say → court
“These are very multi-faceted problems and they need multi-faceted solutions.
asserted
they → need → solutions
So it’s not just about court funding.
asserted
it → ’ → funding
It’s about addressing the systemic issues that are leading to the increase in the court’s caseload,” she said.
asserted
she → ’ → caseload
The Immigration Department has said it uses AI and advanced analytics tools under human oversight at all times.
asserted
it → say → times
The department says these AI tools do not make decisions and are meant to assist with tasks like triaging applications, identifying routine cases, generating case summaries and answering client questions through chatbots.
asserted
tools → say → chatbots
The department’s first AI strategy, released earlier this year, says the goal is to get the technology to reduce application backlogs and wait times.
asserted
technology → release → backlogs
Moayyed said those long delays are causing “a great deal of distress” for people stuck in the system.
asserted
delays → say → system
“Our job, in addition to being immigration lawyers, has become confidant and the therapist for a client, listening to them talk about having their life on hold and in limbo until they get a decision,” she said.
asserted
she → become → decision