How the Canadian Legal System Compares to Alternative Jurisdictions
This month we have the pleasure of speaking with Dr Parish Pandya who has dedicated his life time to the world of academia. With Masters of Sciences and Doctorate in Philosophy, Dr. Pandya has also spent significant time and energy in the legal world. He currently works at the University of Windsor, where he shares his legal expertise advising his clients in the best way, using his prior experience in India and the US to his advantage. We speak with him this month, on how the Canadian legal system differs, and ways in which it can improve when welcoming refugees.
You received your law qualification in India, yet are often involved in Canada and the USA – how does the legal sector differ in those respective countries?
Yes, I received my law credential from India and became an advocate to practice law in the Indian jurisdiction specified by advocate act, however, I am currently involved in Canada and the USA legal sector.
I would say that these days, law professionals are regulated by national and state/provincial law very precisely; primarily, I am enrolled in all legal bar associations and international bar associations, in order to understand various legal practices. For example, I am practicing Indian law in Ontario with the permission from law society as a foreign legal consultant; this kind of permission has been given by the law society in Canada and the USA, and for that you need to prove a reciprocity of concerned countries. In Canada, I think it is much easier to go through and practice law, due to the fact that the Canadian legal system is same as in India as both countries were under British colony and so as a result there are fewer differences in comparison to the US. Nevertheless, there are not so many differences in the US’ system either.
Generally, the legal sector in Canada and the USA is divided in many categories; for example, there are barristers, solicitors, mediators and arbitrators, (etc.), whereas in India the system is a little less refined and more different.
What was your main aim as a member of the Canadian Association of Refugee Lawyers (CARL)? What more do you think legal experts could do worldwide for refugees?
I joined CARL because they are working on voicing positive views on refugee law and the human rights of refugees and forced migrants; the organisation promotes just and consistent practices in the treatment of refugees in Canada. CARL carries out its work promoting the human rights of refugees in the Courts, before parliamentary committees, in the media, among its membership via bi-annual conferences, and elsewhere in the public sphere. I also joined the University of Windsor – Faculty of law Refugee program, called SSP, which also provides training.
Worldwide, refugee lawyers can do a lot, because you have to fight for refugees on a humanitarian and compassionate ground. Ways in which individuals can fight for rights, are by contributing towards interventions on cases and initiating litigation as a public interest litigant on: Designated Countries of Origin, The Designated Foreign National Regime, for the Refugee Protection and Refugee Appeal, and Humanitarian and Compassionate Consideration and Pre-Removal Risk. Legal experts can really do many things for refugees.
Can you speak with Lawyer Monthly about your role as a Panel Judge for Client Consultation Competition Law?
I regularly consult with other legal experts and I work as panel judge for the International Client Consultation Competition at the Faculty of law at University of Windsor and other moot Courts. I also work as an international legal competition panel judge at the law faculty. It is important to update our knowledge from time to time, therefore, I always discuss with lawyers on different grounds, for example, on: the working atmosphere, description of the problem, client’s goals and expectations, problem analysis, moral and ethical issues, alternative courses of action, effective conclusions, teamwork, and the judging standard on awarding points and making a decision. These are things that need to be addressed and considered for revision all the time.
As a foreign legal consultant, what are common pieces of advice that clients seek?
In general, my clients want to know about their properties protection and law, money, family law, pension related questions, affidavits, passport and visa, after death disputes, marriages, immigration, business law, and so on. Sometimes, I feel, clients ask many questions which often test our legal knowledge and can challenge us for the better. An interesting but recent trend, is that nowadays there is an increase in concerns from our clients of fraud and cheating from client’s family members!
Do you think that the immigration sector in Canada needs altering? If so, why and in what way?
I would say, yes, because Canada needs are different to other countries. The Canadian system is very different; as other countries turn away refugees or have divisive debates on limiting newcomers, Canadians will welcome many immigrants to the country. We are in need of new blood, because the Canadian population is low with a lower birth rate to other jurisdictions. Moreover, the labour force growth depends very much on the entrance of immigrants. We really have to have a fundamental reconsideration of where the Canadian labour market is going. Academic studies show many talented newcomers, ranging from doctors to accountants, are struggling to become accredited in Canada and find jobs in their field even after the government spent millions into improving the system. Many move to the United States because making it in Canada is simply too hard. Another key concern is how to spread immigrants to small cities and rural areas. There are many ways in which we can alter the immigration sector, for example, licenses for professionals to make them accredited easily and consideration the education system for immigrants. Immigration laws are currently concentrating on what the big centres need and we need to look past that in order to improve.
Canada is often viewed as a welcoming country for refugees – what has been the effect of this on the country?
Refugees make an important economic contribution to Canada. Families make significant positive contributions to Canadian society, both economically and socially. The Longitudinal Survey of Immigrants to Canada (2003) found that immigrants tend to establish themselves more easily if they are supported by families. Refugees are an integral part of the Canadian mosaic. Fears about newcomer integration are not new. Generation after generation, people have worried about whether the most recent immigrants will integrate as well as previous immigrants. A hundred years ago, Canada was actually quite diverse, with First Nations people, a significant Chinese population, especially in the West, and African Canadians who had been living in Canada for generations, in addition to people of different European heritages. Diversity is not something to be feared: diversity is Canada’s strength.
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