Faced with the increase in investigations concerning fake lawyers in immigration law – the number of files has tripled since 2018 – the Montreal Bar has decided to act: it is launching these days a vast awareness campaign in several languages, which aims to warn newcomers against scammers.
“We want to do prevention and awareness so that these potential victims of these fake lawyers do not fall into the trap,” explained the President of the Bar of Montreal, David Ettedgui. “It goes with our mission which is to protect the public. »
For Isabelle Haché, investigative lawyer at the Montreal Bar, the prevention campaign had to target the area that was most affected by the problem of illegal practice. “For us, it was pretty clear that it was immigration law. »
According to data from the Montreal Bar, the only section of the Quebec Bar that has the jurisdiction to investigate illegal practice, the number of files opened for investigation and which concerned fake lawyers in the field of immigration has tripled over the past in recent years, going from 13% in 2018 to 39% in 2022. “It’s a big increase,” notes Me Chopped. “We also suspect that this is the tip of the iceberg. »
The legal profession is protected. No one may use the title “Master” if he is not a member of the Quebec Bar or the Chamber of Notaries of Quebec and if his name does not appear in the directories. This is called illegal practice. “When I talk about it to those around me, they tell me “let’s see, there’s no one who does that.” But yes, there are people who do that unfortunately,” underlines Me Ettedgui.
Every year, around ten cases are the subject of a recommendation for prosecution. The duty recently reported the case of a fake immigration lawyer fined thousands of dollars because he collected the money without ever following up on the immigration requests his clients had entrusted to him. Not being a member of the bar, this consultant was not able to challenge immigration decisions in the Federal Court.
“Beware!” »
Far from denying the seriousness of the problem, the visual of the campaign makes you smile. In an image showing a cat dressed in a jacket and tie and flanked by sunglasses that make him look suspicious, we can read “No bill? Beware! », before seeing a mention referring to the website fauxavocat.ca. Another, which shows a bespectacled ram wearing an overcoat, reads: “Meetings in a public place? Beware! »
“Our messages are based on things that victims experience,” explains Isabelle Haché. “When we ask people for proof and documents [pour aider à l’enquête], often they don’t have one. » Meetings of “serious lawyers” sometimes even take place in McDonald’s or Tim Hortons.
Whatever one thinks, no one is safe from deception, believes the President. “There is no single profile that emerges when we talk about victims. This can range from investors who have millions of dollars to asylum seekers who have $5 in their pocket. But they all have one project in common: to start their lives again in Canada. »
Often having to act urgently, immigrants, who are vulnerable due to their precarious status or the trauma they have experienced, do not have the luxury of taking the time to become well informed. “People often rely on a lawyer from the same community as them. It was a friend or a cousin who recommended him, and they feel confident because he comes from the same place and speaks the same language,” remarks Isabelle Haché. The lawyer in question may have practiced in his country, but that does not mean he is authorized to do so here, she continues.
Multilingual campaign
Published on social networks, in newspapers or displayed in immigrant aid organizations, the different images will carry messages translated, in addition to English, into Spanish, Creole and some South Asian languages -East, including Tagalog, spoken in the Philippines. These are the languages of important communities in Montreal, where abuses have been observed.
The website fauxavocats.ca contains information on illegal practice and advice to ensure that the lawyer chosen is indeed one. It will also be possible to find a revised and simplified denunciation form to allow people to file complaints more easily.
To maximize the achievement of its objective, the Bar has also enlisted allies, people or organizations, whose mission is to help immigrants. “It’s important for us to work with people who will help us reach the target audience,” emphasizes M.e Chopped.
Without necessarily having quantifiable objectives, the campaign will have achieved its goal if it reaches and informs as many people as possible. “Seeing people in a vulnerable situation being fooled and scammed like this is unacceptable,” underlines David Ettedgui. “One victim is one victim too many. »