Canada’s immigration courts are in bad shape. Canada likes to see itself as a global beacon for compassion and justice. But behind the contract discussions around inclusivity and fairness lies a broken immigration court system that is abandoning thousands of people in their time of greatest need.
With immigration case filings projected to reach 24,000 this year—a 44% increase over last year—the Federal Court is overwhelmed, underfunded, and ill-prepared to handle the crisis. This isn’t just an administrative failure; it’s a betrayal of Canada’s core values.
Canada’s immigration system is failing everyone. For claimants, it means endless delays that leave them in a purgatory of uncertainty. For taxpayers, it’s a costly and inefficient mess that does nothing to improve the public’s trust in government institutions. And for the courts, it’s an embarrassment—a $35 million annual budget shortfall has left judges and clerks scrambling to process a tidal wave of cases with archaic tools and insufficient staff.
These delays have life-altering consequences. Imagine being a young professional whose future in Canada hangs on a judicial review that the courts can’t schedule. Or think about the thousands of refugees and asylum seekers who fled persecution only to be trapped in bureaucratic limbo, unable to work or reunite with family members. For these individuals, Canada’s reputation as a haven is nothing more than a cruel joke.
Our immigration system is broken
What makes this situation even more infuriating is how predictable it is. The pandemic didn’t create these problems; it simply exposed and amplified them. Immigration lawyers have warned for years that the system was teetering on the brink, but successive governments have ignored these warnings.
Now, with U.S. President-elect Donald Trump promising mass deportations, Canada is poised to face another surge in asylum claims. And yet, the federal government’s response is to hold yet another meeting.
Justice Minister Arif Virani’s claim that he has appointed 178 judges since 2023 is a cold comfort to those stuck in the system. Adding more judges to a fundamentally broken process is like throwing buckets of water on a raging fire—it might slow the spread, but it won’t extinguish the flames. The solution isn’t more judges; it’s a complete system overhaul.
Here’s a radical idea: why not harness the power of technology to tackle these inefficiencies? Legal technology tools, like the legal AI platform I developed, are already changing how lawyers practice. There’s no reason the public sector can’t follow suit.
Automated document processing, AI-driven case management, and virtual courtrooms can reduce wait times and significantly free up vital resources. If Canada genuinely values justice, it’s time to embrace innovation and leave behind outdated methods that no longer serve anyone.
But let’s not kid ourselves: technology alone won’t fix this mess. Canada’s immigration policies are riddled with contradictions and inefficiencies, perpetuating the backlog. The government must streamline application processes, allocate more resources to front-end decision-making, and ensure every case is heard within the statutory time limits. Failing to do so isn’t just negligent—it’s unethical.
Canada’s Immigration Courts
Critics might argue that this is a matter of priorities and resources and that other pressing issues demand the government’s attention. But that argument ignores the human cost of inaction. Every delayed case represents a person—someone who came to Canada seeking safety, opportunity, or a better life. By failing them, we fail ourselves.
Canada’s immigration courts are not just a bureaucratic inconvenience but a humanitarian crisis. It’s time for bold action, not half-measures and empty promises. If we continue down this path, Canada risks its reputation and soul.
Is this the country we want to be? If not, we must demand better—from our courts, government, and ourselves.
Author: Alistair Vigier is the CEO of Caseway, a legal technology company.
