Reclaiming control, restoring caution – Fixing Canada’s broken immigration system: Michael Barutciski

The latest by Barutciski, a good long read to increase the diversity of perspectives. My comments in italics:

..Recommendations

To address Canada’s ongoing immigration-related challenges, the federal government should:

• In coordination with our allies, including but not limited to the Five Eyes countries, the federal government should explore the development of stricter policies to oblige uncooperative countries of origin to accept the return of their nationals. [Likely would also result in issues with respect to Pre-Removal Risk Assessment (PRRA)]
• Amend section 18(1) of the Immigration and Refugee Protection Act to clarify that entering Canada in between Ports of Entry is an illegal act with administrative consequences. Likewise, the federal government should amend section 27 of the Immigration and Refugee Protection Regulations to remove any ambiguities that could exempt foreigners who enter illegally to claim asylum. In the spirit of continental harmonization to control migration flows, Parliament should consider making illegal entry an offence under the Criminal Code. [Expected court cases on C-12 may provide indication on whether this would hold up]
• Amend section 3 of the Canadian Multiculturalism Act to clarify that immigrants are not only rights holders, but that they also have an obligation to integrate. Proficiency in at least one official language is an important, although not the only, indicator of integration. [Act already encourages official language knowledge and has always been about integration, “while strengthening the status and use of the official languages of Canada”]
• Rescind the 1932 Order in Council that gave the RCMP the border protection mandate in between ports of entry. The federal government should concurrently amend section 5(1) of the Canada Border Services Agency Act to clarify that CBSA is responsible for border control and security across the entire land border, including in between land Ports of Entry. [Feasible]
• Revise the security screening process for admission of foreign nationals with a view to increasing the weight and influence of CBSA assessments. [Feasible]
• Refine the terminology in section 34(1) of the Immigration and Refugee Protection Act so that its use by CBSA will not be easily blocked by legislative interpretations from judges who are reluctant to apply the inadmissibility provisions. [Might be useful to have greater clarity and guidelines]
• Amend section 34(1) of the Immigration and Refugee Protection Act so that it is easier for a CBSA officer at a Port of Entry to deny entry to foreigners in situations where there are reasonable grounds to believe they will promote hate or engage in inflammatory public rhetoric. [Has been happening in some cases. Definitions and guidelines will be critical]
• Increase CBSA’s powers to investigate potential criminal contraventions under the Immigration and Refugee Protection Act, as well as amending the Criminal Code to include tougher penalties for employers who exploit migrants. [Agree]
• Direct the CBSA to explore whether an expanded use of ankle bracelets, as well as UK-style Digital IDs and eVisas, would be an acceptable way to control and track down migrants who are suspected of potentially not conforming to Canadian laws. [To replace detention?]
• Expand the concept of surety bonds in immigration law to incentivize temporary residents to leave at the end of their visas. This new use of surety bonds would result in significant financial penalties to temporary residents if they were not to comply with their legal obligation to leave the country. [Arguably, these could be shared with employers, educations institutions and the like]
• Restrict, and eventually suspend, visa issuance to nationals of a country deemed by CBSA to be uncooperative in terms of accepting the return of their nationals. Likewise, international assistance should also be restricted and eventually suspended to any such uncooperative country of origin. The role of CBSA in this regard should be introduced via legislative amendment to the Department of Foreign Affairs, Trade and Development Act. [Restrict is one thing, completely suspend would not be realistic given that there will be always be some cases where a visa still needs to be issued, ranging from economic interests to diplomatic obligations. Same applies to international assistance as some is provided through international organizations that Canada contributes to.]

Conclusion

Canada’s immigration system is causing controversy because it is showing signs of becoming dysfunctional. It is not simply a question of adjusting intake numbers that have become too high and that increased too quickly. As many officials and observers have noted, including most recently the Auditor General, some parts of the system are being abused and appear out of control.

To be truly effective, the federal government’s announced course correction should follow several broad directions. Temporary migration must stop playing a central role in the system. Various problems have been introduced by this recent shift towards a two-step immigration process that is conducted entirely within Canada. Moreover, it has led to unacceptable comprises regarding migration control.

System integrity will also be impossible to preserve without a fundamental rethinking of asylum and the way it has facilitated uncontrolled mass migration. It is clear that political courage will be necessary as institutions are reformed and mandated to improve enforcement.

By refocusing on the selection quality of candidates for permanent residence, the country will be better positioned to address the integration challenges that inevitably come from the diverse migration flows of the 21st century. A central part of this equation is for the government to show it can balance fairness with rigour. Following that, Canadians will be able to feel secure knowing that their immigration system is working properly.

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About the author

Michael Barutciski is a professor at York University’s Glendon School of Public and International Affairs and a senior fellow at the Macdonald-Laurier Institute.

Source: Reclaiming control, restoring caution – Fixing Canada’s broken immigration system, Vol. 4: Michael Barutciski