Federal courts face critical immigration case backlog amid budget crisis

Federal Justice Minister Arif Virani is scheduled to meet with the chief justices of Canada’s four federal courts to address critical budgetary issues threatening their operations. The justices have expressed significant concerns regarding an impending budget shortfall that could hinder their ability to manage an influx of immigration filings, particularly in major cities such as Toronto, Montreal, and Vancouver. The Federal Court, for example, anticipates a nearly 50 percent rise in filings this year alone, indicating a serious strain on resources and operational capabilities.

The federal courts collectively reported a substantial funding deficit of approximately $35 million annually, which has prompted the Courts Administration Service (CAS) to issue a stark warning about potential delays in case hearings and slowdowns in modernization initiatives. This statement highlighted that such circumstances would ultimately undermine litigants' access to justice. Furthermore, delays in immigration cases are already evident, with many not being resolved within the statutory timeframe.

Increasing Immigration Filings and Backlogs

The CAS noted that the Federal Court expects to handle 24,000 immigration and refugee case filings this year, a staggering 44 percent increase from 2023 and four times higher than the average pre-pandemic figure. Delays have been particularly severe in key metropolitan areas. Reports indicate that almost 500 cases have surpassed the mandated 90-day limit, with additional wait times reported to be nine weeks in Toronto and Vancouver and up to 12 weeks in Montreal.

Compounding the issue, it was revealed that the Federal Court Registry can only manage half of the documents it receives within the established 48-hour service standard. The current backlog is prolonged even further, often extending the activity duration of a file by three to 30 days, thus exacerbating the challenges faced by applicants.

Impacts on Immigration Applicants

Immigration lawyers have noted that these delays have serious, often uncertain, ramifications for their clients. One lawyer practicing in Montreal indicated that the overwhelming burden on the Federal Court indicates a systemic backlog that affects various cases, including refugee hearings and permit applications. The lengthy wait times—often extending to 18 months—raise significant concerns about applicants' access to justice.

Adding to these worries, immigration attorneys' comments alluded to the potential effects of immigration policy changes in the United States, particularly in light of political rhetoric surrounding mass deportations. The possibility that individuals might seek asylum in Canada further complicates the situation, as any resulting cases could eventually enter the already overwhelmed Federal Court system.

In response to these challenges, Virani's office affirmed that the minister aims to foster discussions with the justices about identifying sustainable solutions during his meeting with them. A statement from Virani's office underscored his commitment to efficiently filling judicial vacancies, noting his appointment of 178 judges since assuming the position in July 2023. With operational gaps still persisting, the urgent need for effective resolutions remains clear, emphasizing the vital connection between judicial resources and the administration of justice in Canada.