A lawyer representing the province’s Office of Immigration is moving to block public access to documents related to cabinet decisions in connection with the awarding of government contracts to 12 immigration agencies last year.
Island Investment Development Incorporated (IIDI), which governs the Provincial Nominee Program, is facing a court action by H.P. Consultants Inc., an immigration agency that was passed over by the crown corporation for one of these contracts.
Prior to being left off the list, H.P. Consultants had been an approved PNP agent since 2008. The company has alleged in court filings that the process for approval of the 12 successful agencies was carried out inappropriately and was tinged with partisan bias.
Brian Casey, representing IIDI, requested the disclosure of several documents related to cabinet review of the successful agents be waived.
In a phone interview with The Guardian, Casey said the application for judicial review filed by H.P. Consultants was focused on decisions made by IIDI, not cabinet.
"The sequence is that IIDI made the decision as to who the 12 successful proponents would be and several days later, as is normally the case, important decisions like that are reviewed by cabinet. Cabinet decided not to do anything,” Casey said.
“Because cabinet hasn't made a decision and isn't involved in the lawsuit, their determination isn't relevant."
Casey said cabinet made no changes to IIDI’s list of approved PNP agents.
The documents in question are two memos to P.E.I.’s executive council, two “one-page decisions” of executive council and one PowerPoint presentation.
In addition, Casey has requested that information related to legal advice given to IIDI from his own firm, BoyneClarke LLP, remain confidential due to solicitor-client privilege. That legal advice relates to the decision to increase the number of approved agents from 10 to 12.
IIDI awarded 12 immigration consultant contracts to help attract potential immigrants to P.E.I. The consultants were permitted to charge fees to potential immigrants for helping with their immigration process. Close to 84 per cent of immigrants to P.E.I. have arrived through the PNP stream over the last six years.
H.P. Consultants has alleged that several of the contracts went to consultants who had no experience, and to firms that had ties to the P.E.I. Liberal Party. The immigration firm also alleges that experience of the applicants was not even considered in its application for judicial review of the decision.
Another immigration firm has also alleged the awarding of contracts was inappropriate. In an affidavit filed by Eric Ellsworth, president of Canada-Ask Immigration and Investments Services - which also failed to receive a contract - IIDI officers are alleged to have told Ellsworth that cabinet made a decision to increase the number of agencies from 10 to 12.
Ellsworth also claimed, after being turned down, that he was told some of the successful applicants had been approved because they had a rural presence. In the affidavit, Ellsworth alleged this had not been identified as a desired qualification in the initial request for proposals.
A judge is currently reviewing whether the cabinet documents will be disclosed.
