Canadian Lawyer

auditors and accountants sector where 42 per cent of applicants were found to be merely bookkeepers or cashiers. Reports show there has been abuse in the arranged work program. Kurland found information that showed of those coming from Hong Kong from 2008 to 2010, only 22 per cent had jobs in the field they claimed. A 2010 study of applicants from Taiwan found of 31 applicants, only five took jobs with the employer indicated. "It's an ongoing cat-and-mouse game," says Kurland as Canada has been attempt- ing to beef up the staff in international embassies to better vet applicants which fall into two categories — those seeking to come to Canada for either tempo- rary or permanent work programs. The fraudulent documents are centred mainly in areas such as India, Africa, and China. "Canada should authorize third parties to take care of the applications," he says, such as a Canadian legal firm with branch offices overseas or a legal firm direct- ly located inside Canada. This would ensure a reputable and accountable entity handling the emigrant's application and that the credentials and the immigrant's employer were valid. Kurland says the federal government's "spanking new computers can churn out reports on a law firm's applications." He said that if after a year, each law firm's applications were tracked, and a firm was found to have a higher rate of applicant rejection, then "an amber light would go on." It would provide immigration officials with information to take to a law society and raise a question regarding the law firm. "If your firm has an 80-per-cent rejection rate and everyone else has 10 per cent, why is that?" This would, no doubt, put an extra on financial burden law societies, acknowledges Kurland. But, he says there is a trend by the federal government to invest in enforcement strategies today. He believes there is a valid role for law societ- ies to play and the federal government should fund their work if they take on the role of ensuring those third-party law firms check credentials and employment. work the federal government has done in the past Kurland applauded the enforcement three fiscal years improv- ing inter-department communications, installing new information technol- ogy and providing more funding for increased staff. Illegal immigration comes with a number of problems rang- ing from fraudulent credentials in the Canadian workplace to stolen babies sold into the adoption market. "There is a holistic approach today looking at the problem as it affects Canada, not as it affects a specific department in govern- ment." — JS www.ERASSURE.com ERASSURE® is a registered trademark of Estate Risk Protection Plan Inc. Are you prepared for an estate battle? Protect your executor clients with ERASSURE Executor Insurance – and protect yourself. Your executor clients face growing risk of litigation for the decisions they make in estate administration. And when they are sued, if they believe you haven't identified their personal liability and insurance available to mitigate their risk, they could make a claim against you. Don't get caught in the middle of another family's fight. Put ERASSURE® between your client's problem and your practice. Call 1-855-636-3777 to book a 10-minute orientation and start protecting your clients and your practice today. ERASSURE is the exclusive Preferred Supplier of executor insurance for Canadian Bar Association members. www.CANADIAN Lawyermag.com M A RCH 2012 13 ntitled-2 1 12-02-07 6:49 PM

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