Ottawa boosts legal aid spending as immigration cases surge

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The federal government has sharply increased spending on legal aid for asylum seekers and illegal immigrants, raising funding by 378% to address a growing backlog of immigration cases, according to a Department of Justice memo.

“Annual funding was raised by 378% from $11.5 million to $55 million on a permanent basis to support the delivery of immigration and refugee legal aid services over the long run,” stated the December 2 memo, Supplementary Estimates (B).

Blacklock's Reporter says the justice department covers legal costs for asylum seekers in all provinces except Saskatchewan and Prince Edward Island.

The memo cited record-high immigration levels as the driving factor behind rising costs.

“The department is aware of the unprecedented number of people seeking asylum and the corresponding demand legal aid service providers are facing,” it said.

Federal funding for immigration and refugee legal aid has increased every year since 2016, according to the memo, to help “economically disadvantaged asylum seekers and individuals in certain immigration proceedings” access justice.

The spending increase comes as new figures from the Courts Administration Service show immigration-related legal challenges have surged.

Since 2017, applications in cases such as deportation appeals have quadrupled, jumping from 5,572 to 24,784 last year. Meanwhile, the backlog of refugee claims before the Immigration and Refugee Board has grown sixfold, from 43,250 to 272,440 cases.

Court managers warned Parliament that financial pressures are straining the system.

“Current and emerging funding pressures are expected to limit or reduce our ability to both modernize and maintain essential Court operations,” stated the latest Departmental Results Report.

The volume of Federal Court rulings involving the immigration department has also nearly doubled, from 612 cases in 2017 to 1,101 last year.

Immigration appeals can take years to resolve through hearings at both the Refugee Board and Federal Court.

Canada’s total foreign population, including landed immigrants, migrant workers, and foreign students with permits, reached 1.9 million last year, according to the Department of Immigration.

The government estimates up to 500,000 additional foreigners remain in the country illegally after their permits expired.

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