Critic calls out border bill’s proposed new cabinet powers on immigration

As expected. Suspect that the over-reach of the Bill with respect to civil liberties will over shadow concerns of immigration and refugee advocates:

An NDP critic says a provision in the federal government’s border security bill that would give cabinet the power to cancel immigration documents looks like an attempt to “mimic” measures deployed by the Trump administration in the U.S.

“It seems to me … this piece of legislation is Canada’s attempt to mimic some of those measures that the United States is adopting. I actually never thought that this day would come where Canada would go down that road,” B.C. NDP MP Jenny Kwan told The Canadian Press.

“However, it is here, and meanwhile the government is saying, ‘Don’t worry, trust us.’”

Public Safety Minister Gary Anandasangaree said that the immigration minister would only be able to exercise the power to cancel, suspend or alter immigration documents in an “emergency” and after being granted the authority through an order-in-council.

“The tools are in place to ensure the minister of immigration has additional tools to ensure that in a modern era, for example, whether it’s a pandemic or issues around cybersecurity, she will have the tools to make those decisions,” Anandasangaree said during debate on the bill Thursday.

Conservative immigration critic Michelle Rempel Garner said the legislation contains several “poison pills” that threaten people’s civil liberties. 

This includes the ability for Canadian Security Intelligence Service and police to access customer information from online service providers in certain circumstances.

“The government has not shown Canadians any specific situation, any specific evidence or circumstance in granular detail about why we should be giving up our civil liberties to a government that unlawfully used the Emergencies Act,” Rempel Garner said during Thursday’s debate.

This is in reference to to a 2024 Federal Court ruling that found the government’s use of the Emergencies Act was unreasonable to breakup the 2022 “Freedom Convoy” protests against COVID-19 public health measures.

The government has appealed this ruling. 

Bloc Québécois MP Claude DeBellefeuille said that her party plans to support the bill at second reading so it can be studied by the public safety committee.

Speaking in French, she said the bill needs to be examined closely because it looks to give new powers to government ministers, law enforcement and even Canada Post.

Immigration Minister Lena Diab said Wednesday the legislation is designed to address “one-off” situations like a pandemic or some other “exceptional circumstance.”

“I think people, Canadians should feel safe that we are putting in all these safeguards, but again, as I said, it’s all part of protecting our country and protecting our system that we value and protecting people that come here because we want to ensure that they are successful as well,” Diab said.

Bill C-2 also proposes giving the immigration minister the power to pause the acceptance of new immigration applications and cancel or pause processing of the current inventory of applications in the event of an emergency.

Julia Sande, a human rights lawyer with Amnesty International Canada, said immigration applicants could lose a lot of money because the legislation doesn’t oblige the government to refund affected people.

“People give up their entire lives, in some cases, their life savings or their family’s life savings. People go into debt just to be able to come here,” she said. “And so to have the government be able to pull the rug out from under wide groups of people is concerning.”

Kwan said the proposed new powers are problematic because cabinet decisions are made in secret and there’s no firm definition of an “emergency” in the legislation.

“I don’t accept that the Liberals say, ‘Don’t worry, we’re the good guys, so trust us.’ I’m sorry, that is just not acceptable,” she said, adding there’s no way to know what a future government might do with this power.

The text of the legislation says that if the minister “is of the opinion that it is in the public interest to do so,” they may trigger the power to cancel, suspend or alter immigration documents through a cabinet order.

“They’re saying in an emergency, but that’s not what’s written. They said if they’re in the opinion that it’s in the public interest … that could really be anything,” Sande said.

“In the fall, we saw migrants and refugees being scapegoated for the housing crisis. And so, you know, what’s in the public interest?”

Last year, then-immigration minister Marc Miller said plans to reduce the number of permanent and temporary visas issued would help stabilize the housing market.

U.S. President Donald Trump has used national security as justification for a host of immigration measures that involve detaining and deporting people, including university students who have condemned the war in Gaza.

Sande said the proposed bill “attacks” the right to seek asylum by making it harder for migrants to make a claim if they are entering Canada from the U.S., or have been in the country for more than a year.

“They’re talking about fentanyl, they’re talking about guns and then all of a sudden they’re attacking the right to asylum,” Sande said.

“They are completely different things and it’s difficult for civil society, for experts to respond when there’s so many things going on.”

Source: Critic calls out border bill’s proposed new cabinet powers on immigration

Bill C-3: An Act to amend the Citizenship Act (2025), same as previous C-71

Appears unchanged from the former C-71, with the same failings. See my earlier Bill C-71 opens up a possible never-ending chain of citizenship:

Canada’s Citizenship Act contains a first-generation limit to citizenship by descent for individuals born abroad, which generally means that a Canadian citizen parent can only pass on citizenship to a child born outside Canada if the parent was either born or naturalized in Canada before the birth of the child. Canadians born or naturalized in Canada before adopting a child abroad can apply for a direct grant of citizenship for the adopted child.

As a result of the first-generation limit, in general, Canadian citizens who were born outside Canada and obtained their citizenship through descent cannot pass on citizenship to their child born outside Canada, and cannot apply for a direct grant of citizenship for a child adopted outside Canada.

On December 19, 2023, the Ontario Superior Court of Justice declared that key provisions of the first-generation limit for those born abroad are unconstitutional. The Government of Canada did not appeal the ruling because we agree that the current law has unacceptable consequences for Canadians whose children were born outside the country.

The government is introducing legislation to make the citizenship process as fair and transparent as possible. Bill C-3 would 

  • automatically remedy the status of any person who would be a citizen today were it not for the first-generation limit or certain outdated provisions of former citizenship legislation
  • establish a new framework for citizenship by descent going forward that would allow for access to citizenship beyond the first generation based on a Canadian parent’s substantial connection to Canada

An interim measure will continue to be available for those affected by the first-generation limit while both Houses of Parliament consider amendments to the Citizenship Act. More information about the interim measure is available on IRCC’s web site.

Substantial connection test

Bill C-3 would allow a Canadian parent born abroad who has a substantial connection to Canada to pass on citizenship to their child born abroad beyond the first generation. It would also provide them with access to the direct grant of citizenship for their child adopted abroad beyond the first generation.

To demonstrate a substantial connection to Canada, a Canadian parent who was born abroad would need to have a cumulative 1,095 days (i.e., three years) of physical presence in Canada before the birth or adoption of the child.

Lost Canadians

The term “Lost Canadians” has generally been used to describe those who lost or never acquired citizenship due to certain outdated provisions of former citizenship legislation.

Most cases were remedied by changes to the law in 2009 and 2015. These changes allowed people to gain Canadian citizenship or get back the citizenship they lost. Despite this, additional amendments are needed to include other categories of “Lost Canadians” and their descendants who did not benefit from the 2009 and 2015 changes.

Bill C-3 will restore citizenship to remaining “Lost Canadians,” their descendants and anyone who was born abroad to a Canadian parent in the second or subsequent generations before the legislation comes into force. This includes people who lost their citizenship as a result of requirements under the former section 8 of the Citizenship Act.

Source: Bill C-3: An Act to amend the Citizenship Act (2025)