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Canadians take Minister Of Immigration & CBSA to Court. After years of denying the rights of victims, negligence, double standards, injustice, and delays Canadians Against Immigration Fraud is taking Citizenship and Immigration Canada (“CIC”) and Canada Border Services Agency (“CBSA”) to court. Canadians Against Immigration Fraud is a non profit organization that is fighting for the rights of victims of immigration marriage fraud. The motion for the Class Action Lawsuit was filed at the Federal Court on Feb. 10, 2009 Thousands of innocent victims of marriage fraud have exhausted all their avenues in order to seek justice. There have been a number of requests, pleads, and protests on behalf of victims and Canadians. Immigration Canada has used various tactics to silence these victims by victimizing them. They have done this by delaying the process of justice and by lack of information. They have denied them their rights by turning a blind eye to this problem and by pretending it doesn’t exist. The criminals who have committed this fraud have gone free. No questions are asked of them and are being rewarded by the government by using taxpayer’s money for their behavior. This is opening the door for more fraud, crime and other illegal activities. The Immigration based marriage fraud is growing rapidly in Canada every year. The fraudulent foreigners are playing with the lives of innocent Canadians and our Government has failed to protect the rights of Canadians. We need to put a stop to this injustice that these ministries and government of Canada have brought to the victims, their families and all Canadians. Canadian Against Immigration Fraud has launched a class action law suite against these two responsible ministries. Canadians Against Immigration Fraud and victims are putting their faith in our justice system to prevail and do what is right. And what is right is to seek justice for victims and all Canadians. Canadian Against Immigration Fraud is asking for your help and attention to this important issue facing Canadians. We need to increase public awareness of this injustice that these ministries have brought to victims of immigration fraud. The government has obstructed justice and failed to comply with their own rules and regulations. We are asking for your assistance in any way that you can help. Together we can address these issues and prevent more Canadians from becoming victims of this horrible crime. For more information about the class action lawsuit or to join this organization please send us e-mail at info@canadiansagainstimmigrationfraud.com What is a Class Action lawsuit? A Class action lawsuit is a claim which is usually filed in the federal court, especially in this case as immigration is a federal responsibility. Nationwide plaintiff classes are possible, where suits have a commonality of issues across nation. Canadians Against Immigration Fraud has reviewed statements from a number of victims. With the help of legal representative one case has been selected as a primarily plaintiff on behalf of a proposed class. The proposed class must consist of a group of individuals that have suffered a common injustice. In a similar and common act which has resulted in injuries physically, emotionally, financially, and affected the proposed class member in a manner which is uniform or a common problem. After the complaint is filed, the plaintiff must file a motion to have the class certified. The motion for this class action has been filed with the FEDERAL COURT on behalf of the victims of immigration fraud on February 10th , 2009. Advantages of a Class Action Lawsuit? In the past, many victims have made complaints about their cases to a variety of agencies responsible. They are asking for their cases to be heard and investigated. They have received no response or the response was not sufficient to their request. In most cases the victim has been victimized again by these government offices. Many victims are also pursuing their cases individually, where it is a great financial burden on many and only a few have succeeded. The Class Action lawsuit filed by CAIF is offering a number of advantages to victims. A class action can represent a large number of individual claims and can obtain justice for all involved. Another benefit is the emotional support that each victim can offer to each other. It will lower the individual costs for litigation, and actual cost to process as the number of victims who join the class action. The cost would be a minimal charge to the victims, where as doing an individual lawsuit you may have to pay thousands of dollars for hiring legal counsel and court costs. The class action will avoid the necessity of repeating the same facts and common questions. Where in individual cases the repetition of the facts, witness testimonies and evidence in trials will not only prolong the court process but also increase the cost as well. The class action will not only benefit the victims who join this class action but it may result in changes of legislation and laws to prevent this crime from happening to others. A Class Action is always superior to individual cases and is determined by the judge's ruling on a motion for class certification. The Class Action lawsuit which is forwarded by CAIF is not only important to victims, but to their families and all Canadians. This lawsuit will be a valuable part of the legal system when they permit the fair and efficient resolution of legitimate claims. By allowing the claims to be combined into a single action. This is against a defendant that has allegedly caused harm by ignoring the problem, preventing, and taking steps necessary to address the issues and concerns of victims. Advantages of a Class Action Lawsuit? What are the qualifications for a Class Action Lawsuit? Canadian law generally allows class actions (both plaintiff classes and defendant classes). (a) the pleadings or the notice of application discloses a cause of action; (b) there is an identifiable class of two or more persons that would be represented by the representative plaintiff or defendant; (c) the claims or defenses of the class members raise common issues; (d) a class proceeding would be the preferable procedure for the resolution of the common issues. (e) There is a representative plaintiff or defendant (i) would fairly and adequately represent the interests of the class, (ii) has produced a plan for the proceeding that sets out a workable method of advancing the proceeding on behalf of the class and of notifying class members of the proceeding, and (iii) does not have, on the common issues for the class, an interest in conflict with the interests of other class members. |
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| Last Updated February 14, 2009 |
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