A major immigration reform bill is now law in Canada. Some worry it rolls back refugee rights

No surprise that it is likely to be challenged and we will see how the courts rule, whether purely theoretically or with some practical understanding:

A major bill reforming immigration powers is now law in Canada, giving Ottawa powers to mass cancel groups of visas and setting  time limits on asylum claims in the name of bringing immigration numbers under control.

But the legislation,  passed Thursday,  has also raised concerns from a coalition of civil society groups, including Amnesty International, immigration lawyers and public sector unions, that says it places too much authority in the government’s hands and is vowing to fight it. 

“Bill C-12 attacks the rights of refugees and migrants,” Julia Sande, a lawyer specializing in privacy and migrant rights at Amnesty International Canada, said in an interview with CBC News. “It makes it harder for people to have their claims for refugee protection fairly assessed, so it puts people at risk of being deported to face persecution and torture.”

She said the mass-cancellation powers, “without any sort of individualized assessment,” amount to shirking Canada’s international legal obligations. 

Adam Sadinsky, vice-president of the Canadian Association of Refugee Lawyers, called C-12 “the most significant rollback of refugee rights in more than a decade.”

He said he has no doubt the legislation “will ultimately end up before the courts to make a decision on its constitutionality,” and said he believes refugee and immigration lawyers across Canada are advising their clients and mulling whether they have cases that would form “the basis of a challenge.”

Sadinsky and Sande’s groups are part of the broader coalition, which includes the Canadian Council for Refugees, the Canadian Muslim Public Affairs Council and public sector unions like the Canadian Union of Public Employees.

‘A dangerous path’

In a statement, the coalition warned the bill sets “current and future governments on a dangerous path by limiting the ability to seek refugee protection in Canada, […] and facilitating the sharing of personal information within and outside the country.”

The law will cancel out thousands of refugee claims, as it also retroactively bars those who came to Canada more than a year prior from filing claims with the Immigration and Refugee Board. 

Retroactive to June 24, 2020, and applying to claims made on or after June 3, 2025, the legislation would see some 19,000 applications dismissed, according to testimony by Immigration Minister Lena Diab to a Canadian Senate committee.

As for its necessity to acquire mass-cancellation powers, the government has cited hypothetical events out of its control such as wars or pandemics. It has also spoken about possible fraud in hypothetical scenarios.

However, based on internal IRCC documents, CBC News reported last fall that the department was concerned about “country-specific challenges” due to fraudulent visitor visa applications from India and Bangladesh. …

Source: A major immigration reform bill is now law in Canada. Some worry it rolls back refugee rights