Immigration Minister faces criticism from lawyers after interview with influencer

Yet another misstep:

Immigration Minister Lena Metlege Diab is under fire from immigration lawyers for conducting an interview where she discussed forthcoming policy with a social-media influencer who also runs platforms for foreign nationals hoping to settle or study in Canada. 

Ms. Metlege Diab earlier this month conducted a 30-minute interview with Max Medyk about immigration policy, including about a soon-to be announced program allowing thousands of temporary residents to apply for permanent residency, or PR. 

She suggested the program, which has yet to be announced, would be available to people living outside big metropolitan areas. 

During the interview, Mr. Medyk drew the minister’s attention to a site he founded allowing foreign nationals to search for jobs that can lead to PR, and a property rental site used by newcomers and others he acts as an ambassador for. 

The Canadian Immigration Lawyers Association, a non-profit organization with about 500 members, wrote to Ms. Metlege Diab Wednesday expressing concern that she had given indications about a forthcoming policy allowing temporary residents to apply for PR during the interview. CILA’s director Grace Allen said details about the temporary residence to PR program, first referenced in last year’s budget, was being communicated in a piecemeal way including through “commercial and monetized social media platforms,” before being verified by the Immigration, Refugees and Citizenship Canada department, leading to confusion and anxiety among prospective newcomers….

Source: Immigration Minister faces criticism from lawyers after interview with influencer

Jamie Sarkonak: Canada keeps asking non-citizen criminals to stop. They obviously don’t

These policies provide fodder for anti-immigration attitudes and diminish trust in government policies and practices:

…Toothless warnings are only part of why Canada has a reputation for nonchalance towards crime. Non-citizens can also receive sentence discounts to lessen their chances of deportation in some cases, and the deportation process offers many opportunities for criminals to challenge, appeal and delay. The entire system tells outsiders that respect for our rules is optional, and that we’ll do what we can to excuse their bad behaviour. While they enjoy their third, fourth and fifth chances, we have to endure watching our once-high-trust society erode away.

While we don’t have a detailed breakdown of how many stern warning letters have been sent, and how many went ignored by people who went on to commit more crime, we ought to stop the practice entirely. The immigration system isn’t a rehab; it’s a filter that should be working to keep Canadians safe.

Source: Jamie Sarkonak: Canada keeps asking non-citizen criminals to stop. They obviously don’t

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.


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

The Other Right to Choose: Reversing the Trudeau Immigration Fiasco

Another example of conservative immigration commentary, somewhat caricatural, extreme and definitely partisan, but important to understand these perspectives and the risks of denying some of their valid points:

…Remaining attractive also means preserving what draws immigrants now. It means understanding that these conditions didn’t occur by chance, they had something to do with the people and culture that built it. And that a vibrant, innovative economy relies on the rule of law, a high-trust society and social cohesion. These in turn depend on a common culture and shared values which – note to progressives – are a lot more than mere “tolerance” (i.e., indifference). Preserving all that, if only to attract and keep newcomers, will mean, as controversial as it is to some, excluding individuals or groups with entrenched beliefs or cultural practices that undermine it.

In order to compete, we’ll have to be even more “ruthlessly smart”, to hearken back to that long-ago New York Timescommentary, which logically should centre upon a rigorous, adaptable points system. A system that rests on the assumption that immigration serves Canadians and our children first and foremost, not primarily the possible future immigrants or their extended families, let alone the utopian abstraction of open borders with unlimited migration. This points system must include overhauling our asylum policies, because no viable nation can allow itself to be swamped by whoever happens to turn up.

But the political minefields around such reform have already been laid. The Left believes our system – the very fact that we even choose – is a “moral failure,” that the “sorting systems” set up by wealthy nations “filter out the most useful people while condemning the rest to destitution.” But our gut instinct, that we can’t let in everyone and that not all newcomers are created equal, is confirmed by the various studies.

Regions with the most qualified applicants will fare better, resulting in source-country admission disparities. Cue up the accusations of “systemic barriers” and prejudice. Back in my day, our Liberal opposition already claimed we hated Chinese when admissions from Hong Kong dropped slightly.

My family’s experience was that it’s better to be a refugee than to be dead. And it’s vastly better to be in Canada than to be a refugee. But we got in through Canada’s choice, based on Canada’s needs, not our hopes.

This is egalitarianism taken to self-destructive absurdity, the belief that lifting only some – not all – out of destitution is unfair. It glosses over the fact that the past Heinrichs and most of the present ones, while often refugees, are fundamentally economic migrants. They have every right to seek a better life – but we have every right to choose.

Cultural changes will be even more fraught. Agreeing on and preserving whatever pixie dust makes Canada attractive to immigrants now and got us here in the first place is an incendiary topic. Academic ideologues view talk of “common values” as “code words” meant to sustain “unequal social hierarchies.” Preservation of “Canadian heritage” and “Canadian values” is thought to have a “racial subtext.” And if you believe that “white Eurocentric culture in Canada…perpetuates colonial power dynamics,” you might not like points-based immigration. Sadly, threads of such thinking extend right to the Liberal government benches.

My family’s experience was that it’s better to be a refugee than to be dead. And it’s vastly better to be in Canada than to be a refugee. But we got in through Canada’s choice, based on Canada’s needs, not our hopes. Worked then, and would work now.

John Weissenberger is a Calgary-based geologist and former executive at a provincial agency. He was Chief of Staff to the federal Minister of Citizenship and Immigration, 2007-2008.

Source: The Other Right to Choose: Reversing the Trudeau Immigration Fiasco

Globe editorial: Ottawa’s reforms to economic migration have (half) a point

Yep:

…If Ottawa is serious about using immigration to grow the economy, decisions shouldn’t be made on a minister’s whim or under pressure from lobby groups seeking to fill short-term labour gaps. Canada’s points-based system served us well for years before changes under Prime Minister Justin Trudeau damaged it. 

These proposed reforms are a step in the right direction. While enacting them, the government should get rid of category selections, and use general rounds to pick economic immigrants. This will get Canada back to a system that truly selects the best talent in the world.

Source: Ottawa’s reforms to economic migration have (half) a point

Des invités du PSTQ pourraient devoir quitter le Québec

As expected:

Sans nouvelle de leur dossier depuis plus de six mois, des « heureux élus » du Programme de sélection des travailleurs qualifiés (PSTQ) craignent de devoir retourner dans leur pays alors que leur permis de travail est sur le point d’expirer. À peine 110 certificats de sélection du Québec (CSQ) ont été délivrés alors que plus de 10 000 invitations ont été envoyées depuis juillet dernier, selon les données du ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI)….

Des délais plus longs

Yves Martineau, coprésident de l’Association québécoise des avocats et avocates en droit de l’immigration, observe que le délai de traitement dépasse actuellement les six mois pour bon nombre de candidats invités à postuler au PSTQ, soit des délais qui sont en train de dépasser ceux des anciens programmes du Québec menant à la résidence permanente, notamment le Programme régulier des travailleurs qualifiés (PRTQ) et le PEQ. « La norme à laquelle on a été habitués pendant de très nombreuses années, je dirais même des décennies, c’était à l’intérieur d’un délai de six mois. »

Le MIFI s’engageait d’ailleurs à traiter dans les six mois le CSQ, engagement qui a pris fin en 2024. « Là, on est clairement au-dessus et ça entraîne des conséquences assez graves pour les travailleurs qui ont besoin d’un CSQ pour renouveler, et sur les entreprises qui ont besoin de ces travailleurs », constate Me Martineau….

Un goulot d’étranglement

À la mi-février, Le Devoir révélait que moins de cinq CSQ avaient été délivrés dans le cadre du PSTQ. Un mois plus tard, à la mi-mars, c’était 39.

D’après les explications du MIFI, on comprend qu’il y a un goulot d’étranglement, puisqu’il met aussi ses efforts à finaliser ceux du PEQ, du PRTQ et des programmes pilotes. Sans vouloir communiquer de délai moyen de délivrance d’un CSQ, le ministère affirme toutefois « travailler activement à renforcer sa capacité de traitement » des dossiers déposés dans le cadre du PSTQ.

Ces derniers sont traités selon le principe du « premier arrivé, premier servi », à partir de la date du dépôt du dossier complet.

Le ministère se dit conscient que des personnes pourraient voir leur permis temporaire expirer pendant le traitement de leur CSQ. Il avait d’ailleurs demandé à son homologue fédéral de prolonger les permis de travail, qu’ils soient ouverts ou fermés, pour les candidats ayant officiellement déposé leur dossier dans le cadre du PSTQ. Ottawa n’aurait acquiescé que pour les détenteurs de permis fermés. Le MIFI dit analyser différentes options « afin d’identifier des solutions ».

Source: Des invités du PSTQ pourraient devoir quitter le Québec

Without news of their file for more than six months, “happy elected officials” of the Skilled Worker Selection Program (PSTQ) fear having to return to their country when their work permit is about to expire. Barely 110 Quebec Selection Certificates (CSQ) have been issued while more than 10,000 invitations have been sent since last July, according to data from the Ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI)….

Longer delays

Yves Martineau, co-president of the Association québécoise des avocats et avocates en droit de l’immigration, notes that the processing time currently exceeds six months for many candidates invited to apply to the PSTQ, which are deadlines that are in the process of exceeding those of the former Quebec programs leading to permanent residence, including the Regular Programme des travailleurs qualifiés (PRTQ) and the PEQ. “The norm we were used to for many years, I would even say decades, was within a period of six months. ”

The MIFI also committed to deal with the CSQ within six months, a commitment that ended in 2024. “There, we are clearly above and this leads to quite serious consequences for workers who need a CSQ to renew, and for companies that need these workers,” notes Me Martineau….

A bottleneck

In mid-February, Le Devoir revealed that less than five CSQs had been issued as part of the PSTQ. A month later, in mid-March, it was 39.

According to the MIFI’s explanations, we understand that there is a bottleneck, since it also makes efforts to finalize those of the PEQ, the PRTQ and the pilot programs. Without wanting to communicate an average time for the issuance of a CSQ, the ministry says, however, that it is “actively working to strengthen its processing capacity” of the files filed under the PSTQ.

The latter are treated according to the principle of “first come, first served”, from the date of submission of the complete file.

The ministry says it is aware that people may see their temporary permit expire during the processing of their CSQ. He had also asked his federal counterpart to extend work permits, whether open or closed, for candidates who had officially filed their application under the PSTQ. Ottawa would have agreed only for closed license holders. The MIFI says it analyzes different options “in order to identify solutions”.

Waiser: Politicians have recently taken to blaming immigrants. This isn’t a new trend in Canada

A bit too history based, where the Canadian record is mixed at best, and too little based on the nature of complaints which, in contrast to earlier periods, are based upon the practicalities of housing, healthcare and infrastructure, not xenophobia and racism:

…What Oliver and other commentators didn’t appreciate was that there were poets, thinkers, and musicians among the people who decided to make Canada their home. But outright prejudice effectively prevented them from realizing their true potential at the time. Today, many rightly complain that the Trudeau Liberals made a mess of Canada’s immigration program. But why blame recent immigrants who struggle to find a meaningful place in Canada?

They too face roadblocks, both real and unspoken, that limit their opportunities and hence their ability to contribute to the larger society. They did not leave behind another life on another continent just to become Amazon delivery drivers or fast-food servers.

Indeed, Canadians need to realize that these new immigrants are not any different from immigrants a century ago. Like earlier waves of immigrants, they have come to Canada for a better life – if not for themselves, then for their children and their children’s children.

And if we’re going to build a better Canada, build a better tomorrow, then we need to do it together. Blaming immigrants is not the way forward.

Bill Waiser is a Saskatoon-based historian and distinguished professor emeritus at the University of Saskatchewan.

Source: Politicians have recently taken to blaming immigrants. This isn’t a new trend in Canada

CIMM Report 5: Canada’s Immigration System

Reasonable set of recommendations by CIMM:

Recommendation 1:Increase Cost-of-Living Threshold for International Students

That Immigration, Refugees and Citizenship Canada further increase the cost-of-living threshold for international students beyond the annual updates to the low-income cut-off amount established by Statistics Canada.

Recommendation 2: Introduce Random Audits and Clear Penalties for Designated Learning Institutions

That Immigration, Refugees and Citizenship Canada introduce random audits for Designated Learning Institutions and clear penalties for Designated Learning Institution issuing misleading documents.

Recommendation 3: Establish Caps on International Students from Countries with High Rates of Permit Overstays or Asylum Claims in Canada

That Immigration, Refugees and Citizenship Canada establish caps on study permits and study permit extensions to those applying as nationals from countries with a high rate of permit overstays or asylum claims.

Recommendation 4: Stricter Monitoring of Language Proficiency Requirements

That Immigration, Refugees and Citizenship Canada monitor language proficiency requirements more strictly for international students’ study permit issuance.

Recommendation 5: Draft Plain-language International Student Program Rules and Expectations

That Immigration, Refugees and Citizenship Canada, with the provinces and territories, publish clear plain-language program rules and expectations for prospective international students and Canadians, including integrity measures, housing and support expectations, and that immigration pathways are competitive and not guaranteed; and, that Immigration, Refugees and Citizenship Canada require designated learning institutions to inform prospective international students of the same.

Recommendation 6: Consult with Provinces and Territories about Long-Term Plans for the International Student Program

That Immigration, Refugees and Citizenship Canada consult more extensively with the provinces and territories about long-term plans for the International Student Program.

Recommendation 7: Expedite Graduate Student Study Permit Renewals

That Immigration, Refugees and Citizenship Canada expedite the processing of study permit renewals for graduate students.

Recommendation 8: Defer to Provinces and Territories about Labour Market Needs when Deciding Study Programs Eligible for Post-Graduation Work Permits

That Immigration, Refugees and Citizenship Canada defer to provinces and territories about labour market needs when setting the list of study programs eligible for post-graduation work permits.

Recommendation 9: Fund Centre for Excellence for International Education

That Immigration, Refugees and Citizenship Canada help fund a centre for excellence for international education that brings together relevant international student data from all levels of government and that promotes research and policy innovation among stakeholders and governments within international student education.

Recommendation 10: Instruct Parliamentary Budget Officer to Analyze International Student Program and Study Permit Application Caps

That the Parliamentary Budget Officer undertake a comprehensive analysis of the International Student Program, including costing the effects of the study permit application caps on enrollment, housing, research and regional and national economic growth.

Source: CIMM Report 5: Canada’s Immigration System

Signal49 (former Conference Board): From Newcomers to Game Changers

Summary of the latest report on over-education/skills mismatch:

  • Overeducation is the most pronounced form of skill underutilization for both immigrants and Canadian-born citizens. However, immigrants face this type of skill mismatch at 1.8 times the rate seen for their Canadian-born counterparts.
  • Involuntary part-time work is the second most pronounced type of skill underutilization in Canada, but immigrants fare worse again: They are 1.7 times more likely to experience this type of skill wastage than their Canadian-born counterparts.
  • While temporary employment is not a common type of skill underutilization in Canada, groups experience it differently. Immigrants are more likely to work in term and contract jobs, while Canadian-born citizens are more likely to work in seasonal jobs.
  • From 2022 to 2024, municipal progress in immigrant skill utilization was mixed. Most municipalities remain mid-range performers, with improvements in some and declines in others. Increasing immigrant skill utilization across Canada will require targeted interventions in lower-scoring municipalities.

Source: From Newcomers to Game Changers

Job cuts at Immigration and Refugee Board of Canada will cause asylum delays and backlogs, union charges

May well be true but cannot expect a union to argue otherwise:

The Immigration and Refugee Board of Canada is cutting 53 jobs as part of Prime Minister Mark Carney’s push to reduce government spending, said the union representing the largest independent tribunal in the country.

The board, responsible for adjudicating asylum claims, finalized 79,462 such claims last year, and it currently has 295,522 outstanding cases in the system awaiting a decision. At this rate, it would take more than three and a half years just to clear the backlog.

These cuts — part of the federal “realignment and reallocation plan” — are happening despite significant delays in refugee and asylum claim processing times, and are going to make a bad situation worse, warned the Canada Employment and Immigration Union….

Source: Job cuts at Immigration and Refugee Board of Canada will cause asylum delays and backlogs, union charges