A significant immigration reform bill has been enacted in Canada, granting Ottawa authority to revoke visas in bulk and imposing time constraints on asylum applications to manage immigration levels. Despite its passage on Thursday, the legislation has sparked criticism from various civil society organizations, including Amnesty International, immigration lawyers, and public sector unions, who argue that it centralizes power excessively and have vowed to oppose it.
Julia Sande, a privacy and migrant rights lawyer at Amnesty International Canada, expressed concerns that Bill C-12 undermines the rights of refugees and migrants by hindering fair assessment of refugee protection claims, potentially leading to deportation and endangering individuals facing persecution and torture. The bill’s mass-cancellation provisions, lacking individualized scrutiny, are seen by critics as a breach of Canada’s international obligations.
Adam Sadinsky, from the Canadian Association of Refugee Lawyers, labeled C-12 as the most significant regression of refugee rights in over a decade. He anticipates legal challenges to test the constitutionality of the legislation, with refugee and immigration lawyers exploring potential cases for legal action.
The coalition, which includes organizations like the Canadian Council for Refugees and the Canadian Union of Public Employees, cautioned that the bill paves a hazardous path by restricting access to refugee protection and enabling extensive data sharing domestically and internationally. The law retroactively disqualifies over 19,000 refugee claims, excluding those who arrived in Canada over a year before applying to the Immigration and Refugee Board.
The government defended the necessity of mass-cancellation powers, citing potential uncontrollable events like wars or pandemics and concerns about fraudulent visa applications from specific countries. Liberal MP Ruby Sahota highlighted that one-year asylum claim limits exist in other jurisdictions such as the EU and the US, emphasizing the need for a balanced asylum system.
Although the bill garnered support from opposition parties like the Conservatives and Bloc Québécois, criticism persists. The Conservative immigration critic emphasized the importance of a compassionate asylum system for vulnerable individuals while preventing misuse of the system. NDP members echoed concerns raised by the coalition regarding the one-year claim restriction’s implications.
The Immigration Department assured compliance with international obligations and Charter rights, emphasizing safeguards in the legislation such as limits on information sharing and requiring cabinet approval for mass cancellation decisions. Individuals whose refugee claims are rejected retain the right to a pre-removal risk assessment.
As the bill passed, Conservatives called for a parliamentary investigation into potential fraud in the international student program following revelations by the auditor general. The government faces scrutiny over its handling of fraudulent international student cases, prompting further examination into immigration system integrity.