Sweeping changes to Canada’s refugee system are moving forward with the passage of Bill C-12, or the Strengthening Canada’s Immigration System and Borders Act, through the House of Commons on December 11th. Observers express concern the legislation will lead to policies resembling those of the United States, potentially fueling xenophobia and the scapegoating of immigrants.
New Powers and Restrictions
The bill introduces significant changes to border security and eligibility rules for refugee claimants. It expands executive power by increasing information-sharing between government agencies and granting greater control over immigration documents and processes, according to Idil Atak, a professor of refugee and human rights law at Toronto Metropolitan University.
Asylum claims made more than one year after a claimant’s arrival in Canada will no longer be referred to the Immigration and Refugee Board of Canada. Instead, they will be subject to a pre-removal risk assessment by a single immigration officer. Forty lawyers and legal practitioners, writing in the Toronto Star, noted these assessments have a high rate of rejection.
The legislation also impacts those seeking asylum at the Canada-US border. Claims made more than 14 days after arrival will not be referred to the board. This is particularly concerning, according to Audrey Macklin, an immigration and refugee law professor at the University of Toronto, given that the US is not considered a “safe” third country, especially with recent ICE raids aiming to fast-track deportations without due process.
Historical Parallels and Current Concerns
Critics argue the new law echoes exclusionary immigration policies from the early 20th century that targeted specific racial groups, including those from South Asia, China, and Japan. Syed Hussan, executive director of the Migrant Workers Alliance for Change, suggests the legislation stems from rhetoric blaming migrants for Canada’s affordability crisis, diverting attention from corporations and CEOs.
Some observers believe the changes are an attempt to appease the Trump administration and secure a trade deal. Atak stated the measures ultimately erode Canada’s image as a welcoming country and disregard international agreements to protect asylum seekers.
What Happens Next?
If approved by the Senate in February, Bill C-12 will become law. It is possible that civil rights groups and legal advocates will continue to challenge the legislation in court. A possible next step could involve increased scrutiny of the pre-removal risk assessment process and its impact on asylum seekers. The implementation of the new border rules could also lead to increased pressure on the Canada-US border and potentially drive asylum seekers to seek alternative routes.
Frequently Asked Questions
What is Bill C-12?
Bill C-12, or the Strengthening Canada’s Immigration System and Borders Act, is legislation that includes changes to border security and new ineligibility rules for refugee claimants.
What happens to asylum claims made after one year of arrival in Canada?
Asylum claims made more than one year after arrival will be sent to an immigration officer for a pre-removal risk assessment, rather than being referred to the Immigration and Refugee Board of Canada.
What is the “safe third country agreement”?
The safe third country agreement between Canada and the US requires refugees to seek asylum in the first safe country they arrive in. However, Audrey Macklin states the US has not met the requirements of being a “safe” third country.
Given these changes, how will Canada balance its commitment to international refugee protection with its border security concerns?
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