LEGAL SECTION
Without Prejudice
Vancouver, BC, Canada -- A massive class-action lawsuit against CSIC and CAPIC.
Discrimination case -in class action lawsuits and in that capacity has recovered hundreds of millions of dollars on behalf of members or employees.
If you purchased CSIC and CAPIC membership between April 13 , 2004 and April 13
2006, you may move the Court no later than 2007, to serve as a lead plaintiff of the class.
In order to serve as a lead plaintiff, you must meet certain legal requirements. A lead
plaintiff is a representative party that acts on behalf of other class members in directing
the litigation. In order to be appointed lead plaintiff, CSIP is asking the Court to
determine that the class member's claim is typical of the claims of other class members,
and that the class members will adequately represent the class. Under certain
circumstances, one or more class members may together serve as "lead plaintiff." CSIP
ability to share in any recovery is not affected by the decision whether or not to serve as a
lead plaintiff. You may retain Weiss & Lurie or other counsel of your choice to serve as
your counsel in this action.
If you wish to receive an former CISC members package or if you wish to discuss this
action with CSIP, have any questions concerning this notice or your rights or interests
with respect to this matter, or if you have any information you wish to provide to us,
please contact:
CSIP the Canadian Society of Immigration Practitioners legal section, (604) 601-8264 or
fax (604) 582-4898, via Internet electronic mail at info@csip.com
COPYRIGHT 2007 CSIP legal section
CSIP to Announce National Class Action against The Canadian Society of Immigration
Consultants CSIC and The Canadian Association of Professional Immigration
Consultants CAPIC for 1 billion dollars lawsuit -
1000 of former CSIC and CAPIC members agreed to launch a Class action against CSIC
and CAPIC former and current executives for discrimination against ethnic practitioners
for causing massive loss to their immigration practice- Writ of Summon and statement of
claim will be served upon the defendants in due course - Details are coming shortly
CSIC and CAPIC, ("CSIC and CAPIC" or the "Society - Association or Companies")
and certain of its officers and directors will be commenced in BC Supreme Court, on
behalf of former members of CSIC and CAPIC. If you were member of these two
organization between the period of April 13, 2004 and April 13, 2006, please read this
notice.
Canada is a constitutional monarchy with a federal parliamentary form of government. Canadian
Citizens periodically choose their representatives in free and fair multiparty elections whether in
Government- or private,
Federal, provincial, and municipal police forces have responsibility for law enforcement and
maintenance of order. Elected civilian officials in a federal regulatory body must maintain an
effective control and communicate with these forces based on legitimate claims. There are
massive reporting that security forces at the Federal level committed human rights abuses to
thousands of Immigration Practitioners across Canada upon false complaints by the Regulator
CSIC and its association CAPIC which is supported by Canada Immigration office.
The country has a highly developed, market-based economy and a population of approximately
31.6 million. Canadian Laws extensively do protect also the well-being of former CSIC
practitioners- who are recognized professionals under the provincial laws and provide for'
freedom of association.
The Federal Government is required generally to respect the human rights of its Canadian
citizens, and the law and judiciary across this nation needs to provide effective means for dealing
with individual instances of abuse; however, We are challenging now large problems in the
Immigration areas. Problems included discrimination against ethnic women, men (persons) with
English as second Language - . There have been a large increase in the number of reportedincidents of anti-Semitic and anti-Immigration representative harassment made by Executives of
Canadian Society of Immigration Consultants CSIC and The Canadian Association of
Professional Immigration Consultants CAPIC. The Federal Government and in particular Canada
Immigration has not taken this serious steps to address private acts of violence against
thousands of Immigration Practitioners across Canada and Abroad. Creating unconstitutional
amendments to IRPA, has caused a major problem to thousands of practitioners.
RESPECT FOR HUMAN RIGHTS
Respect for the Integrity of the Immigration Practitioners, Including Freedom From:
a. Arbitrary or Unlawful Deprivation of Life
There are many reports of political killings to the immigration practice and abuse to Canadians
Representatives.
Since October of 2005, Many Movement Action Justice, a discrimination watchdog groups, called
for a public inquiry into the CSIC corruption and discrimination against its members, no action
was taken by former four Immigration Ministers including the current one Diane Finley.
In early 2007, One former CSIC member found not guilty of misrepresentation whom CSIC
executives allegedly and defamed his profession for more than two years in publishing his name
under suspended status.
In late 2005, One former CSIC member and CAPIC member attacked viciously world wide and
sued for expressing her thoughts and opinions after CSIC former chair announced his resignation
due to Internal mismanagement and Financial fraud.
In June of 2006, CSIC published more than 962 members names under revoked or suspended
membership and were portrayed for not meeting the membership criteria- Although these
members did not write the exams. So the knowledge of skills and qualification were not being
examined by the regulator but caused a massive defamation of the professional characters as are
not in good standing practitioners.
b. Disappearance
There are hundreds of complaints were reported by the Current CSIC CEO and Chairperson of
politically motivated disappearances of the consumer complaints due to the non existence of
mechanism disciplinary for two years. It was reported to the Standing Committee of Policy and
Justice in Toronto early this year.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The Canadian law prohibits such practices, and the Federal Government did not observed these
prohibitions in practice by CSIC and CAPIC executives to its members; however, there were
more than 900 isolated incidents of CSIC and CAPIC mistreating Practitioners and calling them
names with constant global attacks to their welfare- well being, and their lives including their
profession and practice.
The CSIC and CAPIC continued to receive complaints from consumers against their own
members and were all ignored, but other practitioners whom are CSIC and CAPIC members
serving in the CSIC and CAPIC membership who charged with misrepresentation or defamed thesociety that they were subject to discrimination and attacks with public abuse, harassment, and
discrimination to their characters.
CSIP Human Rights Watch report alleged that, in an anti-narcotics operation in CSIC and CAPIC,
Executive officers violated the due process rights of suspending members through excessive use
of force throughout the CIC inland offices and Overseas visa offices, illegal suspensionsrevocations,
and harassment to members is still taken place to date.
The CSIC -CAPIC and CIC Federal Government have failed to response to CSIP as the human
rights observers who is acting according to the United Nation provision to look into the matter but
cause further abuses.
d. Arbitrary Arrest, Detention, or Exile
The law prohibits arbitrary revocations, suspension, or defamation of any Canadian citizen, and
the Federal Government did not observed CSIC and CAPIC prohibitions in this type of practice.
The CSIC, at arm and length body from the Federal Immigration Ministry of the Federal
Government, is a national, federal, provincial, and municipal body. It provides complete
Immigration federal regulatory service throughout the country and also provides membership
services under Contribution Agreement with Canada Immigration to contract practitioners from
the 3 territories, 9 provinces excluding (Quebec), and approximately 198 municipalities across
Canada to have their members filed for Immigration Business licenses.
CSIP law suit is announced as believed to be that a criminal offence may have been committed
by the Federal Regulator (CSIC) and its Associate (CAPIC) against minorities in Canada.
The law prohibits forced discrimination against Canadian Citizens.
f. Arbitrary Interference with Privacy of Immigration Practitioners in Canada
The Canadian aw prohibits such practices by any federal or Provincial body, and the CSIC
-CAPIC and CIC Government failed to respect these prohibitions in the Immigration
practice.
A 2004-2006 CSIC anti- discrimination that expanded against the regulatory CSIC and several
court challenges were faced with from the LSUC- Chinese Community, including a case before
the Supreme Court of Ontario that involved another challenge from CSIP in Counter Claim in
defamation case of 1, 250, 000.00.
Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Canadian law provides for freedom of speech and of the press, and the Government needs
to respect these rights in immigration practice too; however, the Supreme Court has ruled in the
past that the Government may limit free speech in the name of goals such as ending
discrimination, ensuring social harmony, or promoting gender equality. The Court also ruled in the
past that the benefits of limiting hate speech and promoting equality are sufficient to outweigh the
freedom of speech clause in the Charter of Rights and Freedoms.
Some restrictions on the media - Lobbying - Advocacy are imposed by provincial-level filmcensorship, broadcasters' voluntary codes curbing graphic violence, and laws against hate
literature and pornography. The Charter of Rights and Freedoms provides for free speech and
free press, but both the Criminal Code and human rights legislation have established limits.
Inciting hatred (in certain cases) or genocide is a criminal offence. The Supreme Court has set a
high threshold for such cases by specifying that these acts must be proven to be wilful and public.
The Broadcasting Act, which prohibits programming containing any abusive comment that would
expose individuals or groups to hatred or contempt, will be challenged in the courts soon by this
class action.
CSIP Is seeking and will challenge the issues of concerns in using the Human Rights Act as it
prohibits repeated telephone communications between CAPIC and CSIC executives using any
electronic devices between two organizations that expose a former practitioners or former
members or groups or another organizations to hatred or contempt by current CSIC and CAPIC
members.
CSIP will also challenge and seek to show that under the Canadian Human Right provision that
CSIC and CAPIC used the Internet through their own members emails and and CSIC and CAPIC
its own websites, started as of in June 2005 to date to target former members and attack them in
discriminatory and racially manner,
CSIP will seek from the court to challenge the CSIC and CAPIC executives false complaints sent
to Shaw cable to shutdown of an anti-Semitic website or email addresses or internet lines of
former members as part of the discriminatory attack against its former members who were the
target of the CSIC and CAPIC website.
CSIP will be challenging in this class action against CSIC and CAPIC executives to have Shaw
Cable head office responded to several false complaints and have The Federal Government
intervention to restrict former members access to their personal Internet that caused the Federal
regulatory body and its associate to have the Federal Government indeed restrict academic
freedom of Former Members of CSIC and CAPIC.
b. Freedom of Peaceful Assembly and Association
CSIP believes that The Charter of Rights and Freedoms has been abused and is no longer
provides for these rights to Canadian Immigration Practitioners, and the CSIC -CAPIC and CIC
Government supported such abuse and did not respect them in practice.
CSIP believes that the number of reported incidents of harassment of Immigration Practitioners in
Canada has increased and is supported by Canada Immigration. The Federal Government failed
to refrain from prejudice against Immigration Practitioners who are no longer CSIC members or
other persons on the basis of their Minorities, Languages beliefs, ethnic heritage, or cultural
differences. Canada Immigration and its secretariat director on regulating Immigration
Consultants Mark Davidson did not investigate any complaint he received since November 2005
by any former CSIC members and encouraged anti-non CSIC members actions by CSIC and
CAPIC executives.
d. Freedom of Movement within the Country, Foreign Travel, Emigration Practice, and
Repatriation
The Canadian law provides for these rights for all Canadians, and CAPIC And CSIC and CIChave failed to respect them in practice.
The Right of Canadian Citizens to Change their Regulatory body as they have the right to
change their Government
The Constitution provides citizens with the right to change their government or their regulator
body peacefully, and Canadian citizens exercised this right in practice through periodic, free, and
fair elections held on the basis of universal suffrage.
Between the period of April 2004 and April 2006, CSIC had self - elected - election in 2004 and
partially general election in June 2006 , the former Executives of AICC and OPIC (CAPIC) won a
majority under self election with full access to the password of the election procedure which the
election can be manipulated by the CSIC Executives. Thereby earning status and rights as the
members Opposition in CSIC was not permitted by CSIC current Executives. In April 2006, the
victory of self elected election ended with new three directors of rule by the CSIC by-laws which
advocated to keep AICC former Executives in Power. There were by- laws in CSIC limiting the
participation of minorities or Members with English second language speaking or transitional
members in CSIC membership. The directors of CSIC were and still formers of AICC executives.
CSIP Alleged Violations of Human Rights that CAPIC -CSIC and CIC Attitude Regarding
International and Non governmental Practitioners or Non CSIC or Non CAPIC members. A wide
variety of human rights groups communicated with CSIC -CAPIC and CIC and operated without
government restriction, investigating and publishing their findings on human rights against CSIC
mandate and By -laws was ignored by the executives and the Immigration federal and Provincial
Ministry of the Federal Government officials were not cooperative or responsive to CSIP views.
Discrimination Based on Race, Language, or Social Status
The Charter of Rights and Freedoms provides for equal benefits and protection of the law
regardless of race, national or ethnic origin, color, sex, age, or mental or physical disability. These
rights generally were respected in practice.
Practitioners who fall within the Minorities groups with English second Language
The Canadian law prohibits violence against Minorities groups with English second Language;
however, it remained a problem with CAPIC and CSIC mandate. The economic costs of
discrimination against Minorities groups with English second Language were estimated at (Cdn
$1.2 billion loss for the Immigration industry for one year in loss of their practice). Canada
Immigration Services were not available to abused Minorities groups of Immigration Practitioners
with English second Language which have increased significantly over the past 2 years since
CSIC and CAPIC creations, and there are more than 1000 practitioners are out of practice since
November 2005 andleft CSIC membership.
The Criminal Code prohibits criminal harassment (stalking) and makes it punishable by
imprisonment for up to 5 years. The Canadian law prohibits harassment, and the regulatory body
CSIC and CAPIC and the Federal Immigration Government failed to enforce this provision
against CSIC and CAPIC executives and CSIC and CAPIC members who continued attacking
non CSIC and non CAPIC members by all means of communications with authorities and
submission false reporting's against the former members.Former CSIC and Capic member's
continued to complain of harassment, and CAPIC and CSIC and the CIC Government failed to
establish mechanisms to resolve such complaints but in fact aggravated the false complaints.Immigration Practitioners were not represented well in the Immigration labour force, including
Canadian- Immigration or foreign immigration business who represent clients before the
Canadian Immigration Minister and the professions.
Immigration Practitioners
The Federal Government - CSIC and CAPIC Executives did not demonstrate any commitment to
Immigration Practitioners 's rights and welfare through its tax payer well-funded systems by the
initial capital granted to CSIC. Immigration Education program became too expensive and
mandatory to all immigration practitioners and not an optional but to attend restricted chosen
institution that were selected by the body in order to receive commission from each practitioner
enrolment. The Federal and provincial regulations did not protect the Immigration Practitioners
from CAPIC or CSIC abuse to their members, overworked with needless study, and increase in
discrimination and penalize perpetrators of such offences for Practitioners who refused to enrol in
the selected Immigration Programs.
National/Racial/Ethnic Minorities
The 1982 Charter of Rights and Freedoms protects the linguistic and cultural rights of minorities
and established English and French as the country's two official languages. Despite the federal
policy of bilingualism, English and French speakers in Canada and in other parts of the country
generally lived and worked in the language of the majority. The provinces may grant French or
English the status of an official language. Only New Brunswick has granted the two languages
equal status. The Charter of the French Language in Quebec makes French the official language
of the province and requires the use of French in commerce, the workplace, education, and
government. Minority language rights are secured by law in Quebec's Charter of the French
Language.
The English-speaking minority in Canada, representing 81 percent of the population of Canada
and continued to protest restrictions placed on English-language use within the ethnicity
communities.. CSIC with CAPIC support have imposed the high standard requirement to meet
certain level of language as part of the membership requirement to eliminate the practice of
ethnic Practitioners.
Worker ( Immigration Practitioners ) Rights
a. The Right of Association
Except for members of the armed forces and some police, Non CSIC practitioners in both the
public and private sectors have the right to associate freely, and they exercised this right. The
Labour Code protects these rights for all employees under federal jurisdiction, while provincial
legislation protects all other organized Former CSIC practitioners.
Former CSIC practitioners in both the public (except for some police) and the private sectors
have the right to organize and bargain collectively. While the law protects collective bargaining,
there are limitations, which vary from province to province, for some public sector and former
CSIC practitioners.
The law prohibits anti- discrimination and requires Regulator and Government office to reinstate
Former CSIC practitioners revocation for protesting against CSIC corruptions. Canada
Immigration - CSIC and CAPIC have not shown any effective mechanisms for resolvingcomplaints and obtaining redress to this issue.
CSIP will be seeking to have CSIC current members be represented by the labour unions and
have full access to mediation, arbitration, and the judicial system and to be free to affiliate with
local - national and international organizations ( other Regulators) .
b.The Right to Organize and Bargain Collectively
All former CSIC practitioners have the right to strike against CSIC and CAPIC by-laws. The law
prohibits employer - association with membership or Regulators retribution against protest or
members, CAPI, CSIC and CIC Government failed to enforce this provision in immigration
practitioners practice.
Practitioners actions against Regulator internal mismanagement, including protesting, occurred
throughout the country during the year 2005-2006-2007. The CAPIC- CSIC and CIC Government
came to a resolution to ignore the concerns of 1000 former CSIC practitioners and attack them
with more discriminatory attitude in May 11, 2007 during CSIC national conference after an
almost year-long protest, and 1000 former CSIC member continued to be revoked- suspended
and defamed in the international arena.
The CSIP lawsuit will include the complaint alleges violations of Sections 10(b) and
20(a) of the Act of 1934 by the making of materially false and misleading statements
concerning CSIC and CAPIC's operations and financial condition which caused CSIC
and CAPIC's membership to trade at artificially inflated membership Fees during the
period of April 13, 2004 - April 13, 2006.
The Complaint also alleges that throughout the protesting period against the CSIC
mandate and frequent change of By-law in CSIC, CSIC with CAPIC support and CIC
International endorsement deceived clients and members and falsified CSIC policies
and By-laws in Elections and Positions and financial statements. More specifically, CSIP
will be alleging that the defendants
(a) coerced CSIC and CAPIC members to fraudulently inflate membership charges to
members to cover the cost of defective and mismanagement society ; and
(b) pressured members who complained about excessive charges by threatening to revoke
their membership if they voice out or make a complaint against CSIC executives.
This action seeks to recover damages on behalf of defrauded former CSIC members who
purchased CSIC and CAPIC membership during the period of 2004-2007.
Plaintiff ( 1000 members) is represented by xxxxxxxxxxxxxxxxxx a law firm possessing
significant experience and expertise in prosecuting class actions on behalf of defrauded
shareholders or members of any organization in federal and provincial courts throughout
Canada. Weiss & Lurie has been appointed by numerous courts to serve as lead counselin class action lawsuits and in that capacity has recovered hundreds of millions of dollars
on behalf of members or employees.
If you purchased CSIC and CAPIC membership between April 13 , 2004 and April 13
2006, you may move the Court no later than 2007, to serve as a lead plaintiff of the class.
In order to serve as a lead plaintiff, you must meet certain legal requirements. A lead
plaintiff is a representative party that acts on behalf of other class members in directing
the litigation. In order to be appointed lead plaintiff, CSIP is asking the Court to
determine that the class member's claim is typical of the claims of other class members,
and that the class members will adequately represent the class. Under certain
circumstances, one or more class members may together serve as "lead plaintiff." CSIP
ability to share in any recovery is not affected by the decision whether or not to serve as a
lead plaintiff. You may retain Weiss & Lurie or other counsel of your choice to serve as
your counsel in this action.
If you wish to receive an former CISC members package or if you wish to discuss this
action with CSIP, have any questions concerning this notice or your rights or interests
with respect to this matter, or if you have any information you wish to provide to us,contact information@csip.ca
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