Coyne, Patriquin and Furey: On the reversal on asylum seekers

Both Coyne and Patriquin being harshly critical and not appearing to believe that asylum shopping is a serious issue, the Globe and columnists like Furey  appear to be supportive of the government’s change in approach. Starting with Coyne:

Naturally, they put it in an omnibus bill.

Buried deep inside the 392 pages of Bill C-97, the budget implementation bill, is a package of amendments to the Immigration and Refugee Protection Act that would turn decades of Canadian refugee policy on its head.

The changes would disqualify from consideration refugee claimants who had previously made claims in “a country other than Canada.” (Also ineligible: those whose claims had already been rejected in Canada, or who had been granted refugee protection elsewhere.) What is more, this would apply even to those already on our soil, seeking asylum.

Ever since the Supreme Court’s landmark 1985 ruling in Singh v. Canada, refugee claimants under the protection of Canadian law cannot be deported without having their case heard before an independent tribunal — a recognition of the serious, possibly fatal consequences of sending a genuine refugee, with a “well-founded fear of persecution,” back to his country of origin. Under the new policy, the best that those affected could hope for would be an interview with an immigration official, as part of a “preremoval risk assessment.”

All this came as a complete surprise to refugee advocates. The only mention of it in the budget the bill claims to be implementing was this cryptic remark on p. 326: “The government proposes to introduce legislative amendments to the Immigration and Refugee Protection Act to better manage, discourage and prevent irregular migration.”

They could hardly have guessed what this would turn out to mean. The changes not only go far beyond the existing Safe Third Country Agreement with the United States, which allows Canada to turn back claimants arriving at official points of entry on our southern border — not once they have already crossed — but would extend it to a number of other countries with whom Canada has immigration “information-sharing” agreements.

Understand: the people whose claims Canada would summarily reject in this fashion would not necessarily have had their claims assessed and rejected by another country – it would be enough that they had made a claim. They would face deportation, what is more, not to the country in which they had earlier made their claim, but to their country of origin, to meet whatever fate awaited them there. All this, without even the right to an independent hearing.

This sort of draconian shift in policy would be shocking coming from any government; among other objections, the courts are almost certain to rule it is a violation of the Charter of Rights. But to find it proposed by the same Liberal government that had long congratulated itself for its commitment to refugee rights, while castigating critics as intolerant, racist and worse, is simply breathtaking.

This is not just the most extraordinary about-face yet — from #WelcomeToCanada to deportations without hearings, in the space of two years — from a government that has made a habit of them. It is a fundamental breach of faith.

“We will restore Canada’s reputation,” the Liberals boasted in the refugees section of their 2015 election platform, “and help more people in need through a program that is safe, secure and humane.”

“Canada once welcomed refugees openly,” it goes on, “but that proud history has faded after a decade of mismanagement under Stephen Harper. We will renew and expand our commitment to helping resettle more refugees, and deliver a refugee program that is safe, secure and humane.”

But that was then, and the refugees that made such useful props for Justin Trudeau in the last election have become an obstacle to his chances in the next, in the face of relentless Tory fear-mongering about the “crisis” on our border. So, over the side they go.

That this was accomplished via yet another mammoth omnibus bill compounds the sense of betrayal. The 2015 Liberal platform also denounced the Harper government for its use of omnibus bills “to prevent Parliament from properly reviewing and debating his proposals,” vowing to “bring an end” to “this undemocratic practice.”

When the bill comes to a vote, moreover, Liberal MPs will inevitably be whipped to support it — as a budget bill, after all, it is an automatic confidence matter. This turns yet another Liberal campaign pledge inside out.

The platform had promised that MPs would be free to vote as they pleased on virtually all questions; outside of confidence matters, the whips would be applied only to votes that “implement the Liberal electoral platform” or that touch on “the protections guaranteed by the Charter of Rights and Freedoms.” In this case, MPs will be whipped to vote for a bill that contradicts the platform and runs roughshod over Charter guarantees.

Mere hypocrisy or breach of faith, however, would not suffice to condemn the Liberal changes, if they were otherwise well-advised. It would be obtuse to hold a government to the course it had set out on, however disastrous, just for the sake of a foolish consistency. Those Conservatives who are now attacking the Liberals for adopting the very positions for which they had previously attacked the Conservatives – on top of the changes in the omnibus bill, the government was earlier reported to be in negotiations with the United States to extend the Safe Third Country Agreement to the entire border — are entitled, perhaps, to gloat. They are not entitled to claim vindication.

No, what is wrong about the new Liberal policy is not that it is hypocritical, but simply that it is wrong: arbitrary, inhumane, and vastly unnecessary. There is no emergency that could possibly justify rejecting refugee claimants out of hand, solely on the basis of having made a prior claim, — “asylum-shopping,” the Border Security minister, Bill Blair, called it, without apparent sense of shame — still less deporting them without a hearing. The numbers of those crossing the U.S.-Canada border irregularly are falling, not rising.

The emergency, rather, would appear to be in the falling numbers of those telling pollsters they intend to vote Liberal. For what is the risk of sending innocent people to their deaths, when there are marginal seats in peril?

From Patriquin:
As a term, “asylum shopping” is probably worthy of scare quotes. Though it’s not quite as loaded as “chain migration”— a term usually used to inspire fear of an unchecked immigrant invasion — it nonetheless invokes those darker stereotypes often ascribed to migrants. These people aren’t running from an immediate danger, you see. They’re seeking asylum in multiple countries, probing for the weakest point, if only to steal our jobs and harvest the bounty from our social safety net.

“Asylum shopping” didn’t tumble from the lips of Bill Blair, the Minister of Border Security and Organized Crime Reduction Minister — at least, not entirely. Nonetheless, he was the picture of consternation at the allegedly pervasive practice.

“We don’t want them shopping and making application in multiple countries. What we’re trying to do is to make sure the system is fair and efficient for those who truly need our protection,” Blair said this week. Cracking down on asylum shopping is a key part of the government’s $1.2 billion effort to reduce the number of would-be migrants coming into the country.

Fair enough.

The number of asylum seekers has nearly tripled since 2016, and addressing the issue, or at least further girding the system to deal with its reality, is a certainly a legitimate government goal. The problem is the rhetoric that Blair and others have attached to it. By first politicizing the idea of “asylum shopping,” then quickly promising to do something about it, the Trudeau government has shown how desperation tends to breed rank hypocrisy.

The latter-day Liberals are proof of the axiom that in politics, you inevitably become what you once professed to hate. Imagine the conspicuous indignation that would have emanated from 2015-vintage Liberal Party ranks had the Conservative government cooked up, in the crucible of Stephen Harper’s all-powerful PMO, a plot to try and override the country’s independent judiciary by jettisoning a certain Quebec-based engineering firm from likely legal catastrophe.

And yet in 2019, four years after winning an election by way of promises to do away with such Conservative overindulgences, the Liberals did just this — and through an all-powerful PMO of the type Trudeau himself vowed to dismantle, no less.

Though more visceral a topic, the government’s “asylum shopping” gambit nonetheless comes at the tail end of a similarly tortured ideological climbdown. The 2015-era Liberals chided the Conservative’s apparently heartless response to the Syrian refugee crisis.

“You don’t get to suddenly discover compassion in the middle of an election campaign,” Trudeau said of the Harper government’s reaction to the drowning death of Alan Kurdi, whose tiny body washed up on a Turkish beach.

Trudeau, Trudeau assured us, would do better. And to his great credit, he made good by allowing some 25,000 Syrian refugees into the country. About two years later, he became a notably photogenic counterpoint to Trumpian nativism by welcoming “those fleeing persecution, terror and war” by way of Twitter, just as The Donald was wishing them gone. Conservative criticism on migration was nothing short of “fear mongering,” as Trudeau put it late last year.

Ah, but that was before the churn of the next election cycle and the Liberal government’s increasing desperation in the wake of the SNC-Lavalin fallout, not to mention the corresponding bump in Conservative fortunes. The Trudeau government’s migration bon mots belie a certain truth: the steady tide of asylum seekers from the U.S. has eroded the Canadian welcome mat, according to a comprehensive Angus Reid poll conducted earlier this year.

This enduring and widespread sentiment is directly at odds with the Trudeau government’s pro-migrant spiel, peddled for the last four years. So as we approach the October election, the government has simply changed its tune, from “Canadians will welcome you” and “diversity is strength,” to “fair and efficient” and “asylum shopping.”

For any government, delegitimizing the plight of migrants is crass, bottom-feeder politicking. For the Liberals, whose rise to power was meant to be a rebuke to this kind of thing, it is even worse — particularly considering how asylum shopping isn’t a particularly widespread problem, as the CBC’s Kathleen Harris pointed out this week.

It’s just further evidence that the convictions of the current government ebb and flow with its re-election prospects.

Source: Delegitimizing the plight of migrants is crass, bottom-feeder politicking

From Furey (who no longer appears to be working for the Sun and features regularly with the online True North of former Conservative staffers and candidates):

Finally! The Liberals have done something to deal with the unsustainable influx of people crossing illegally into Canada, mostly at the Roxham Road crossing along the Quebec border.

The data shows that for both 2017 and 2018 there was a near constant flow of approximately 20,000 people per year. It was a troubling figure and one that showed no signs of decreasing. Thankfully the numbers for January and February of 2019 have shown a decrease but there’s no guarantee the numbers won’t rise again.

While refugee advocates wanted to characterize everyone crossing as genuine refugees fleeing war and famine, there was little evidence to support that.

The majority of asylum claimants came from Haiti and Nigeria – two countries that Canadians certainly wouldn’t consider ideal places to live but aren’t facing major wars displacing people and aren’t ravaged by recent natural disasters. All indication was that these were economic migrants – people who simply wanted to move to Canada. You can’t blame them, Canada’s a pretty great country, but there are rules and processes in place to come here and those need to be followed.

For two years, groups like True North, conservative politicians, various pundits and members of the legal community pointed all of this out, how it’s unsustainable and how there needs to be changes, and the Liberal response was to cry “racist” and other nasty labels.

Good luck with that strategy, I’d always thought.

The various polls over the years showed the majority of people didn’t support what was happening at the border. And there was no way they were going to buy into this cynical messaging that opposing legal immigration was somehow a wholesale racist statement. Meanwhile, recent immigrants and others whose family members were still waiting in the legal queue weren’t happy either.

It looks like the Liberals have realized that despite their Social Justice Warrior inclination towards open borders, the rest of the public aren’t going along with it. Maybe because they’re finally clued in or because of the upcoming election, they’ve decided to do something about it.

Buried within the 2019 budget omnibus bill are changes to the asylum system that aim to deny people have had an asylum claim already rejected in the United States (and other safe third countries such as the U.K.) from then going on to make one in Canada.

It’s to prevent what Border Security Minister Bill Blair calls asylum shopping. This means they wouldn’t be placed in the multiyear waiting line, where they receive government assistance while waiting to hear if their claim will be accepted. Instead they’ll more likely be fast-tracked for rejection and removal.

This won’t actually put that big of a dent in the numbers as the statistics show only about 10% of the current illegal crossers had previously applied for asylum in the United States.

It’s rather humorous to now watch as refugee lawyers and activists display their outrage towards Prime Minister Justin Trudeau, throwing the same sorts of words at him as he previously tossed at others and also threatening legal challenges.

But still, these changes are something and it’s a move in the right direction.

Here are the questions though: Why didn’t they do it sooner? Is this only for election purposes? Will they keep advancing on this file? And was all the name-calling and divisiveness over the past two years worth it?

Source: READ MORE

About Andrew
Andrew blogs and tweets public policy issues, particularly the relationship between the political and bureaucratic levels, citizenship and multiculturalism. His latest book, Policy Arrogance or Innocent Bias, recounts his experience as a senior public servant in this area.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.

%d bloggers like this: