Admissibility Hearing
What it is:
A hearing before an independent adjudicator to decide whether a person is
admissible to Canada.
Why we are doing it:
To make fair but fast decisions on security cases.
Pre-removal Risk Assessment
What we are doing:
Legislating a procedure to fairly assess the risk of return prior to removal.
There will be flexibility for an oral hearing should the complexity of the case
require it.
Repeat claimants, failed refugee claimants, and refugees who have
withdrawn or abandoned their claims will be assessed on the grounds of the
Geneva Convention, the United Nations Convention against Torture, and the
risk of cruel or unusual treatment or punishment.
People found to be inadmissible to Canada for reasons of serious
criminality, security, organized crime or violations of human rights will be
assessed on the grounds of the United Nations Convention against Torture
and the risk of cruel or unusual treatment or punishment.
Why we are doing it:
To ensure that there is a fair and effective procedure for assessing the risk
of return for individuals being removed from Canada.
Strengthening Enforcement
Penalties
What we are doing:
Increasing penalties for existing offences.
Creating a new offence for human trafficking.
Extending Criminal Code counterfeiting provisions (which currently apply
only to passports) to cover any immigration document or travel document
(with an exemption for refugees).
Allowing for the seizure of assets in cases of migrant smuggling and
trafficking.
Providing new authority to seize citizenship documents to prevent fraud.
Creating a new offence for people who counsel a person to misrepresent
himself or herself or to commit an offence under the Act.
Creating a new offence for the possession and laundering of proceeds from
immigration offences.
Raising the penalty to life in prison for migrant smuggling and trafficking.
Why we are doing it:
To ensure that we have the tools we need to combat organized crime and
human trafficking.
Exclusion from the Refugee Determination System
What we are doing:
Barring access to serious criminals, people who present security risks,
organizers of criminal operations, or violators of human rights. A "serious
criminal" is defined as someone who was convicted of an offence punishable
by 10 years or more and who has received a sentence of 2 years or more in
Canada. People convicted of an offence punishable by 10 years or more
outside Canada will only be excluded if the Minister finds them to be a
danger to the public.
Why we are doing it:
To prevent abuse of the refugee protection system.
Eliminating Appeals
What we are doing:
Eliminating appeals to the Immigration Appeal Division for serious criminals,
people who present security risks, members of criminal organizations and
war criminals. There will remain recourse to judicial review with leave by the
Federal Court.
Why we are doing it:
To ensure that we can remove serious criminals and people who pose a
security threat to Canada without delay.
Suspension of a Refugee Claim
What it is:
The ability to suspend a person's application for protection before the IRB if
he or she has been charged with a crime. The claim would be suspended
until the courts have rendered a decision on the case.
Why we are doing it:
To prevent abuse of the system by people who come to Canada not
because they need protection but because they intend to engage in crime.
Repeat Claims
What we are doing:
Extending the period after which a new claim can be made from 90 days to
six months.
Why we are doing it:
To avoid "revolving door" situations where failed refugee claimants return to
Canada and make multiple claims.
Detention and Day Parole
What we are doing:
Excluding incarcerated foreign criminals under removal order from day
parole.
Why we are doing it:
It is inconsistent to integrate individuals into Canadian society who are to be
deported on completion of their sentence.
Streamlined Security Certificate Process
What we are doing:
Applying to permanent residents the security certificate process that
currently applies only to non-permanent residents. The process requires the
signatures of two ministers to the effect that the person is inadmissible on
grounds of security, and a review of the certificate by a Federal Court judge.
Why we are doing it:
To make it easier to remove permanent residents who pose a serious threat
to national security.
New Inadmissibility Classes
What they are:
Two new classes of people who will be inadmissible to Canada: (1) people
subject to travel sanctions imposed by Canada as a member of an
international organization such as the United Nations; (2) people who
committed fraud or misrepresentation on an immigration application will be
inadmissible for 2 years.
Why we are doing it:
To strengthen our ability to enforce international sanctions.
To prevent immigration to Canada through fraudulent means.
Backgrounder # 3
Milestones On the Road to New Legislation
Since 1996, the Government of Canada has been reviewing immigration and
refugee policy and legislation with a view to fundamental policy reform and the
introduction of new legislation.
The comprehensive review process that has been under way since has involved a
significant number of consultations with many different groups and interests as well
as with individual Canadians. Ministers have been discussing immigration reform
with Canadians for more than four years.
This process has included:
The appointment of a Legislative Review Advisory Group (LRAG) in 1996
commenced a major consultation process both by LRAG and by the
government on their report, Not Just Numbers, in 1998.
A Red Book commitment in 1997 and 2000 to streamline and update the
immigration/refugee system, which promised to implement changes to
make Canada's immigration system simpler, more effective, and more
easily understood.
The release of the White Paper, Building on a Strong Foundation for the
21st Century: New Directions for Immigration and Refugee Policy and
Legislation in January 1999;
Consultations on the White Paper with Canadians, provinces and territories,
non-government organizations, the legal community, special interest
groups, and the business sector throughout 1999;
Immigration commitments in the 1999 Throne Speech, Budget 2000 and
2001 Throne Speech; including the 2001 Throne Speech commitment to
re-introduce legislation to streamline and improve the immigration system.
Consultations leading up to the Standing Committee Report of March 22,
2000 entitled Refugee Protection and Border Security: Striking a Balance;
and
The introduction of the new Immigration and Refugee Protection Act (Bill
C-31 Bill C- ) in 2000 and 2001.
General agreement on fundamentals
There is general agreement that Canada needs a new Act that is simpler, more
effective, and more easily understood. Canadians want to stop abuse of our
immigration and refugee system and protect Canada's borders.
They want a system that is fair, effective, and respectful of Canada's humanitarian
traditions and international commitments in a world of increasing migration
pressures.
They also agree that Canada needs immigrants to contribute to Canada's
economic growth and prosperity. The business community needs access to the
highly skilled global workforce. Canadians recognize that immigration is largely
responsible for Canada's rich and diverse culture, and is a key advantage in the
global economy.
Canadians want a system that reflects our traditions of family reunification and
family values, honours our history of compassion for refugees needing a safe
haven, and contains selection criteria for immigrants that will ensure that
newcomers contribute Canada's economic and social fabric.
Immigration has proved to be a successful economic, social and cultural strategy
for Canada in the past and will continue to be so in the future.
2001-03
Backgrounder # 4
Detention Provisions Clarified
Detention is one of the most serious measures a liberal society can impose on
individuals. It must be limited to cases where it is clearly warranted and does not
contravene Canada's Charter of Rights and Freedoms.
However, Canadians want to ensure that their safety and security is protected and
that that their borders remain safe.
Current grounds for detention remain unchanged
Under the current legislation, there are three main commonly used grounds for
detention:
1.Failure to establish identity;
2.Danger to the public; and
3.Unlikely to appear for future immigration proceedings or removal.
Detention process will be more effective and transparent
The criteria for detention decisions will be established in the new Regulations.
There will be a requirement to review detention decisions after 48 hours, with further
reviews scheduled after 7 days and each subsequent 30-day period.
Foreign criminals facing deportation orders will not be eligible for day parole, as
they are unlikely to respect conditions set out in temporary release programs.
Priority hearings for those in detention
To balance increased detention measures, the Immigration and Refugee Board
(IRB) will give priority to hearings for those being held in detention.
This streamlining should prevent refugee claimants from remaining in detention for
long periods of time. Every step in the process from the irregular arrival of a foreign
national in Canada to his or her removal following a negative decision will be fair
and faster.
Protection of unaccompanied minors
While the legislative package honours Canada's international commitments to
protect the best interests of the child, the security and safety of unprotected
minors arriving as part of a criminally organized smuggling or trafficking operation is
a major concern.
These children are vulnerable to exploitation and coercion by the traffickers; in
these cases, detention is truly a last resort and this is stipulated in the Act. The