Jacqueline R Bart
Office:
8 Wellington Street East
Suite 200
M5E 1C5
City:
Toronto
State:
Ontario
Country:
Canada
Tel:
+1 416 601 1346
Fax:
+1 416 601 1357

Questions and Answers:

Who's Who Legal Thought Leaders - Corporate Immigration

Jacqueline is a Law Society-certified immigration specialist, with over 25 years of experience in Canadian immigration law. She is the author, co-author and/or editor-in-chief of 18 immigration law books, including the 3,000-plus-page quarterly updated Canada/US Relocation Treatise, in addition to over 110 other immigration law publications. Jacqueline has held numerous prestigious executive positions at national and international bar associations and has moderated, chaired or spoken at over 90 law conferences worldwide. BARTLAW is a top-tier Canadian immigration firm that has received many national and international awards.

What inspired you to specialise in corporate immigration law?

I was inspired to specialise in immigration law because it is ever-changing and complex. It encompasses so many political, social, cultural, geographic, economic, security and global issues. I believe that one can evaluate the degree of civilization within a society based on how foreigners are treated within it.

What was the most challenging part of establishing your own firm?

To establish a reputable immigration firm, one needs to like numbers, the law and people. The most important skills are financial/business knowledge; management; mentoring; client care; specialised lawyering; and business development/rainmaking. It is a demanding skill combination.

Which has been your most memorable case to date?

Although we specialise in high-net-worth/high-profile complex cases (which most people would consider thrilling), we are most emotionally engaged when representing children with medical inadmissibility cases, pro bono. There is nothing more meaningful than securing immigration status for a helpless, ill child who would otherwise not be in a position to obtain the required medical treatment, social services and support.

What skills are key to success as a corporate immigration lawyer?

Client care, attention to detail, analytical and strategic thinking, keeping current in law and policy, creativity and experience. The proliferation of immigration and policy among the federal and provincial governments means that we must know approximately 100 different immigration categories and 500 different work permit/work permit-exempt categories at any given time, while many of these categories regularly change. Of course, this only represents one of many important aspects of immigration law and there is so much more law and policy to consider.

How does BARTLAW distinguish itself from its competitors?

We advise on complex cases and offer employers compliance defence work at an expert level. Our lawyers are exceptionally pedigreed, trained and mentored. We deliver top-tier bespoke immigration law services.

In what ways has the Canadian government’s tougher stance on immigration compliance impacted your practice?

Many people associate our immigration system with Prime Minister Trudeau’s open-armed “refugees welcome” comment. However, from a corporate compliance perspective, the obligations on employers have never been more stringent than since Trudeau was elected in October 2015. Government immigration audits occur for approximately 25 per cent of employers. Since this is a relatively new law in Canada, employers are often shocked by the adversarial and intrusive nature of these on-site and paper audits. Significant corporate immigration law work is now invested in employer education, defence and pre-audit reviews. Government officers have sweeping powers when conducting warrantless worksite investigations. Fines, penalties, bans and sanctions are now being levied against non-compliant employers. At our office, we have created a new employer compliance and litigation department specifically devoted to employer defence work. This is a particularly useful legal service that attracts employers who generally work with non-specialist or volume immigration service providers and now find themselves in need of strong litigation support.

What issues are posed by the rise in global immigration practices around the world?

The rise of global immigration service providers is significant. There is no question that most large employers want a “one-fits-all” solution to minimise the immigration disruption to their businesses. There are many excellent global immigration service providers available that have lawyers on staff who practise in every jurisdiction in which they offer services. Other good global immigration service providers engage local reputable counsel in jurisdictions to work with them and the client. However, what I am witnessing, to an alarming extent, is the proliferation of “global immigration firms” that do not have foreign lawyers at their firm and do not properly engage with local counsel, but rather, are engaged in the unauthorised practice of law. The practice of law, whether in corporate immigration or refugee law, is not primarily a business. Our primary obligations as professionals and lawyers are to act in the best interests of our clients and to advise them on the law.

If we are not authorised to advise employers on foreign law, if we do not have either the knowledge/competence or if we are not insured to do so, we must not advise. Our firm only provides Canadian immigration law advice. We don’t have a global practice. We refer our employer/corporate clients to a reputable lawyer in the requested jurisdiction and provide them with a direct connection.

Where do you think the future of the corporate immigration practice lies?

We are witnessing two developing trends.

First, climate-change migration is already impacting national immigration law. In the short term, migration solutions for climate-change migrants will be based on existing refugee, humanitarian, family class, employment/skilled, business and investor immigration legislation. However, as climate change becomes more pronounced, these solutions will be inadequate. New climate change international protocols and conventions are needed to address this inescapable reality.

Second, we are experiencing a dynamic proliferation of immigration law and policy worldwide. Global human mobility is of increasing significance, in tandem with growing political anti-immigration rhetoric. These competing interests will continue to result in the proliferation of immigration laws designed to protect, punish, admit, ban, refuse – all based on extensive, detailed ever-changing, and more complex and specific criteria. This trend will surely continue, in light of the climate-change migration factor.

Biographies:

Who's Who Legal Canada - Corporate Immigration

Jacqueline Bart is a Law Society certified immigration specialist, with over 25 years of experience in Canadian immigration law. She is the author, co-author and/or editor-in-chief of 18 immigration law books, including a 3,000+ page quarterly updated Canada/US relocation treatise, in addition to over 110 other immigration law publications. 

Jacqueline has held numerous prestigious executive positions at national and international bar associations and has moderated, chaired or spoken at over 90 law conferences worldwide.

Jacqueline began her career at Canada's largest law firm, after completing contracts at the High Court of Justice in London, UK; and the United Nations High Commissioner for Refugees (UNHRC) in Geneva. She founded BARTLAW – a top tier Canadian immigration firm that has received many national and international awards – in 1994.

Jacqueline is the vice-chair of the American Bar Association (ABA) international law section's immigration and naturalisation committee and a member of the ABA steering group for the international law practice management forum. She is the immediate past president of the immigration and nationality commission of the International Association of Lawyers (UIA) and of the UIA Annual Congress, Toronto (2017).

Jacqueline has chaired and/or presented on Canadian immigration law, inter alia, at the World Trade Organization, International Bar Association (IBA), UIA, Inter-Pacific Bar Association (IPBA), Canadian Bar Association (CBA), Ontario Bar Association (OBA), American Immigration Lawyers Association (AILA), ABA, Council of Canadian Administrative Tribunals (CCAT), International Association of Young Lawyers (AIJA) and the Worldwide Relocation Council (WRC).

She is a retired member of the diplomatic corps in Toronto, as an ex officio honorary Consul of Ecuador. In her spare time, Jacqueline volunteers for various children's charities and provides pro bono immigration assistance at the Sick Children's Hospital in Toronto.

WWL says: Jacqueline Bart is one of the most prominent immigration lawyers in the country. She is renowned for her vast experience in the corporate immigration field and draws praise for her leading knowledge of the market.

This biography is an extract from Who's Who Legal: Canada which can be purchased from our Shop.

Who's Who Legal Corporate Immigration: Lawyers

Jacqueline is a Law Society-certified immigration specialist, with over 25 years of experience in Canadian immigration law. She is the author, co-author and/or editor-in-chief of 18 immigration law books, including the 3,000-plus-page quarterly updated Canada/US Relocation Treatise, in addition to over 110 other immigration law publications. Jacqueline has held numerous prestigious executive positions at national and international bar associations and has moderated, chaired or spoken at over 90 law conferences worldwide.

Jacqueline began her career at Canada's largest law firm, after completing contracts at the High Court of Justice in London, UK; and the United Nations High Commissioner for Refugees (UNHRC) in Geneva. She founded BARTLAW – a top tier Canadian immigration firm that has received many national and international awards – in 1994.

Jacqueline is the vice-chair of the American Bar Association (ABA) international law section's immigration and naturalisation committee and a member of the ABA steering group for the international law practice management forum. She is the immediate past president of the immigration and nationality commission of the International Association of Lawyers (UIA) and of the UIA Annual Congress, Toronto (2017).

Jacqueline has chaired and/or presented on Canadian immigration law, inter alia, at the World Trade Organization (WTO), International Bar Association (IBA), UIA, Inter-Pacific Bar Association (IPBA), Canadian Bar Association (CBA), Ontario Bar Association (OBA), American Immigration Lawyers Association (AILA), ABA, Council of Canadian Administrative Tribunals (CCAT), International Association of Young Lawyers (AIJA) and the Worldwide Relocation Council (WRC).

She is a retired member of the diplomatic corps in Toronto, as an ex officio honorary Consul of Ecuador. In her spare time, Jacqueline volunteers for various children's charities and provides pro bono immigration assistance at the Sick Children's Hospital in Toronto.

WWL says: Jacqueline Bart is “a very good lawyer” who stands out as one of the most prominent immigration experts in the country.

This biography is an extract from Who's Who Legal: Corporate Immigration which can be purchased from our Shop.

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