Doug Ford and other premiers want provincial work permits for refugee claimants. It may not solve anything

Nothing burger given quick processing of 45 days?

With refugee claimants now getting work permits fairly quickly and housing being less of a pain point, why do Canada’s premiers want to seize power from Ottawa to issue work permits?

This week, the provincial leaders emerged from the premiers’ meeting united in seeking the powers under the Constitution to issue work authorization to asylum seekers, which is currently under the federal government’s jurisdiction.

The reason behind the move, Premier Doug Ford said Wednesday, is that a lot of asylum seekers living in hotels would like to work and be self-sufficient, but can’t because it’s taking too long for Ottawa to process their work permits.

While any initiative that would help claimants to get on their feet and start working as quickly as possible is positive, Toronto refugee lawyer Adam Sadinsky isn’t sure if that push is based on “outdated information.” (The Immigration Department’s website shows work permit application processing for non-refugees currently takes 181 days.)

“It was an issue a couple of years ago,” said Sadinsky, whose clients in Canada generally now receive their work permits in about six weeks. “In my practice, I haven’t seen that it is really a significant issue anymore.”

Section 95 of the Constitution Act outlines the concurrent jurisdiction of the Canadian Parliament and provincial legislatures including immigration, education and health care. It states that both levels of government can make laws in these areas, but in a conflict, federal laws prevail. 

In fact, the two levels of governments have already shared jurisdiction in some areas of immigration. The provincial nominee immigration programs, for example, allow provinces to select prospective permanent residents for Ottawa’s stamp of approval.

Currently, the only provincial-based work permits are those related to the provincial nominee program, where the province can approve the work authorization of a selected candidate, who will ultimately get the permit from the federal government.

“The provinces and the feds have worked together,” said Toronto immigration lawyer Rick Lamanna on behalf of the Canadian Immigration Lawyers Association. 

But could it be just a bluff from the premiers?

“We’ll know more if or when you start to see things coming out, whether it’s from Ontario or Alberta or other provinces, putting more meat on those bones,” Lamanna said. 

“When you start to see logistical plans, if they start opening up stakeholder consultations, if they make announcements like expansion of Service Ontario to facilitate the issuance of these permits, I think that’s when we’ll know.” 

In a statement to the Star, the Immigration Department said claimants must submit a completed application, including a medical exam, and are determined to be eligible to seek protection before they are issued a work permit. On average, it now takes 45 days to process.

Officials have also found more sustainable and cost-effective solutions such as the new refugee reception centre in Peel to house and support asylum seekers….

Source: Doug Ford and other premiers want provincial work permits for refugee claimants. It may not solve anything