Union warns Immigration Department cuts will further delay backlogged court cases

A union representing federal Immigration Department employees is warning planned cuts that would lay off 60 litigation branch analysts could further impact the already strained courts dealing with hundreds of delayed immigration cases in the country's three biggest cities.

CBC News obtained a copy of one layoff notice sent to an analyst on Feb. 11, asking them to think about accepting a buyout or otherwise be prepared to lose their job in the first year of a three-year plan to reduce the Immigration, Refugees and Citizenship Canada (IRCC) workforce.

The analysts are responsible for reviewing case files and legal research, as well as briefing government lawyers.

"These employees often work in tandem with the Justice Department, which is already facing significant pressures from the court system over budget cuts that are delaying immigration-related matters across the country," Rubina Boucher, president of the Canada Employment and Immigration Union, said in an interview with CBC News.

Last December, the chief justices of Canada's four federal courts made a rare public statement about the state of the backlogs, pointing to 500 immigration cases in Montreal, Toronto and Vancouver that exceeded the 90-day limit. They said they expected to reach 24,000 immigration and refugee case filings in 2024, a 44 per cent increase over the previous year and quadruple the yearly average before the COVID-19 pandemic.

"We need to be building more houses. We need to be growing business," Boucher said. "And all of this requires Canada to attract the best and the brightest from around the world."

The Canadian Bar Association shares the union's concerns.

"If you're going to have personnel removed who are important in that litigation process for screening, that's going to no doubt have a domino effect and add to the burden that's already there," said Kamaljit Kaur Lehal, chair of the association's immigration section.

"My understanding of litigation analysts is that they are providing a vital role in the Immigration Department in terms of providing strategic risk assessments about litigation for the department," Lehal said. "And if you remove that component, then there are concerns that there might be a rise in litigation in Federal Court."

Union criticizes lack of clear timeline

In the letter obtained by CBC News, signed by IRCC deputy minister Harpreet S. Kochhar, the analyst was informed they "are now considered an affected employee, meaning your services may no longer be required due to lack of work."

The analyst was given until April 15 to indicate whether they wish to participate in a buyout program, or stay on and see if their "affected" status is rescinded.

The document then notes the workforce reductions will take place over the next three fiscal years. "Your function has been identified as a year-one reduction," the letter says, and that their status is "reviewed annually."

The union said 1,000 IRCC employees across all its branches have received similarly vague letters.

"Imagine the anxiety and the uncertainty that our members are facing here," Boucher said. "There is a huge lack of clarity here and our folks are stressed and unsure of what's happening next."

She said the union has for now recommended members not answer the letter.

Department says it will remain flexible, despite cuts

IRCC did not make Kochhar available for an interview. However, in a statement to CBC News, it wrote that it would "evaluate the use of existing resources to address urgent priorities" when new pressures arise, and said the government is committed to responsibly manage Canadians' tax dollars.

The department said it is hoping to "minimize job losses by focusing on attrition and internal redeployment."

"When someone is affected, we want to stress that it does not lead to immediate changes in their employment, nor does it automatically mean a job loss," the department added.

It said it works closely with the Justice Department, though it did not answer a question about whether it had informed the latter of the cuts to litigation analysts.

Anna Lisa Lowenstein, a spokesperson for Justice Minister Arif Virani, said in a statement that $3.19 million was earmarked in December to help the Federal Court to respond to "rising immigration caseloads."

She pointed to last year's budget providing $273.7 million over five years for immigration and refugee cases.

The Justice Department itself did not directly answer a question about whether it was aware of the planned layoffs for litigation analysts, nor what the impact on its work would be. It directed questions about the IRCC litigation analysts to the Immigration Department.