Courts warn of ‘critical’ budget pressures as immigration cases delayed in Canada’s 3 largest cities
Federal Justice Minister Arif Virani is set to meet with the chief justices of Canada’s four federal courts on Friday to address the critical budgetary shortfall impacting their operations. The four federal courts, which include the Federal Court, the Federal Court of Appeal, the Court Martial Appeal Court of Canada, and the Tax Court of Canada, are facing a $35 million annual funding gap that is impeding their ability to handle a significant increase in immigration filings.
The Federal Court alone is estimating a nearly 50 per cent increase in filings this year, with a projected total of 24,000 immigration and refugee case filings by the end of the year. This surge in cases has already led to delays beyond the required 90-day limit in major cities like Toronto, Montreal, and Vancouver, with wait times of up to nine weeks in some cases.
The Courts Administration Service (CAS) has highlighted the impact of these delays on litigants and access to justice, noting that cases will take longer to be heard and modernization efforts will be hindered. Immigration lawyers have also expressed concern about the consequences of these delays on their clients, who may be waiting months for a hearing due to processing delays and refusals.
The threat of mass deportations by U.S. president-elect Donald Trump has added to the uncertainty, as fears of increased migration to Canada could further strain the already overwhelmed Federal Court. Erin Roth, an immigration lawyer in Vancouver, emphasized the challenges faced by applicants and the delays in processing their cases, which are exacerbated by the Court Registry’s slow acceptance of filed documents.
One such applicant, Aldo Mendoza, is awaiting a judicial review of his rejected application for a Post-Graduation Work Permit, which would allow him to work in Canada. The uncertainty surrounding his case has had financial and social impacts, as he hesitates to leave Canada to visit his family in Mexico for the holidays.
In response to these concerns, Minister Virani’s office has stated that he will work with the chief justices to identify sustainable solutions and address the funding gap. Despite appointing 178 judges since taking office in July 2023, with only five vacancies remaining at the Federal Court, the Minister is committed to filling these positions with qualified judges to alleviate the backlog and ensure timely access to justice for all.
