Question
Read the following ethical scenarios. Scenario 1 Timothy, a RCIC, has an agent working for him named Nicholas. Timothy calls Nicholas to a meeting to
Read the following ethical scenarios.
Scenario 1
Timothy, a RCIC, has an agent working for him named Nicholas. Timothy calls Nicholas to a meeting to discuss some unethical conversations that Nicholas was having with Timothy's clients. Nicholas becomes very upset with Timothy and leaves in the middle of the meeting. Disgruntled, Nicholas writes an article on how Timothy treated him unfairly and submits the article to a national newspaper. Nicholas also includes disparaging comments on the ICCRC. The news quickly reaches the ICCRC and the ICCRC contacts Timothy regarding the article. Timothy becomes very upset with the ICCRC over the phone and hangs up on them.
Scenario 2
Pascal is assisting his client with their Family Class Application to sponsor their spouse. Following the submission of their application Pascal receives the first stage approval in principal. He is very happy about this and informs his client of the good news. Several months later the second stage was refused. The refusal letter mentions that the sponsor may appeal to the Immigration Appeal Division pursuant to section 63(1). Pascal has no experience or much knowledge on how to handle an appeal.
Scenario 3
Hailey is a RCIC and she is struggling with an overwhelming workload. She receives letters from the IRCC pertaining to two of her clients' applications that are in process with the CPC-Mississauga. She has 90 days to respond to both of them. It's a Friday afternoon and Hailey needs to get ready for a dinner date. She puts both letters aside and decides to call her clients next week to tell them about the situation. Four months later Hailey is cleaning up her office in preparation for her upcoming vacation. She comes across the two letters which were never sent and which are now 30 days past the required deadline.
Scenario 4
Harpreet, a U.S. employer, calls Amrita to seek immigration advice. He calls her about a work permit for one of his employees who he wants to transfer to Canada immediately through the intra-company transferee managerial category. Harpreet's employee has six months of experience as a manager for the U.S. company. Amrita tells Harpreet that to qualify under this category the employee must have a minimum of 12 months experience as a manager for his U.S. Company. Harpreet responds that he will pay Amrita more money if she goes along with it. Amrita agrees, believing that it's not a big deal and that the government will never find out. Amrita accepts the additional fees from Harpreet and prepares the necessary documents for the work permit. Amrita mentions in the submission letter to immigration that the employee has 12 months of experience as a manager at the U.S Company.
Scenario 5
Melissa is a RCIC and her immigration business is doing very well. However, her assistant unexpectedly quits and she is left with a heavy workload. Melissa begins to conduct interviews to find a new assistant. Melissa interviews Kevin as a potential candidate. During her interview with Kevin, Melissa leaves client files open on her desk. In the middle of an interview, Melissa has to briefly excuse herself to attend to a client in another room. While she was talking to the client outside her office, Kevin goes through the files on Melissa's desk. When she returns to her office to resume the interview, Kevin indicates that he was curious about the business and took a look at the files on the desk. He claims that he knows one of Melissa's clients, Hamid. Kevin begins to ask questions on Hamid's immigration application. Melissa answers with information on the progress of Hamid's application.
Scenario 6
Dave, a RCIC, is representing two clients who are husband and wife on their sponsorship application. The husband, Mr. Smith is a Canadian citizen sponsoring his foreign wife from within Canada. They both visit Dave at his office for advice. They sign an agreement to retain his services and pay him the initial fee to begin the sponsorship application process. A month later, Mrs. Smith visits Dave's office without her husband's knowledge and she admits to Dave that she does not want to live with her husband once all her papers are approved. She tells Dave not to tell her husband about this visit. A week later, Mr. Smith calls Dave because he found out from his wife that she went to see him. Mr. Smith also says that he is aware of what she told him. Mr. Smith wants Dave to stop the application, which is currently being processed with CPC-Mississauga.
Scenario 7
Hanyu is a RCIC and her client Clark has signed a retainer agreement and paid for her services. After submitting his immigration file to the Canadian visa office in his country of residence, Hanyu learns that Clark lied about his background. Clark committed an indictable offence in his home country four years ago and did not mention this to her. Hanyu advises Clark that she must inform the visa office immediately. Clark says he does not want her to contact the visa office or to take any further action.
Scenario 8
Vivian is very upset with her immigration consultant, Alfonso. She had an interview with the IRCC regarding her permanent resident application and the IRCC officer told her that there was some contradicting information in her application. Vivian tells Alfonso that he did not provide the IRCC with updated information for her new address and job. She says that the officer was not convinced that she was being honest in her application. Alfonso replies that he does not remember Vivian ever telling him about her new address or job. Vivian angrily tells Alfonso that she intends to file a complaint against him to the ICCRC. Alfonso reviews his documents and his emails. He comes across an email that Vivian sent to him a year ago with her new address and job. Two weeks later, he discovers from the ICCRC that Vivian has lodged a complaint against him.
Scenario 9
Trisha decides to move her immigration business from Alberta to British Columbia. As part of her move, she also opens a new client account. She updates her business cards and her website to notify the public of her new business address. Is this notification sufficient?
Choose any five of the scenarios and address the following points below:
- Explain the issue(s) in the scenario
- Specify the appropriate article(s) of the Code of Professional Ethics that would apply to the scenario
- Provide a solution for each scenario
PLEASE APPLY the appropriate article(s) of the Code of Professional Ethics to the chosen scenarios.
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