HESA: Credulous Nonsense on Colleges from the CBC

Good analysis and critique. Shameful that the CBC declined to interview Usher as part of their reporting:

…So why did the CBC react as if it did?

This was the question I asked them when a CBC producer tried to get me to comment on the story on December 27th. Why would you do a story on so little evidence? I said I didn’t think the evidence merited a story but agreed to speak to them if they wanted someone to explain exactly why the evidence was so thin. You will no doubt be shocked to learn that CBC then declined to interview me.

Upon reading the story, it’s not hard to understand why. With zero evidence, they got a bunch of experts to repeat talking points about the awfulness of student visas that they’ve been repeating for months now.

Raj Sharma, a Calgary-based immigration lawyer, told said “If the allegations are true, it reveals shocking gaps in our integrity protocols.… This is deeply, deeply concerning and problematic,” adding that the allegations suggest “wide-scale human smuggling.”

(The “if” in that sentence is doing a hell of a lot of work – AU)

Kelly Sundberg, a former Canada Border Services Agency officer who is a professor of criminology at Mount Royal University, said the system has no oversight and is “being exploited” by transnational criminals. “This type of fraud, of gaming our immigration system has been going on for quite some time actually,” he said, noting that the volume of those potentially involved “is staggering.”

Ken Zaifman, a Winnipeg-based immigration lawyer, says that from his experience, the responsibility of oversight should lie with the educational institutions, but that they did not do so because “they were addicted to international students to fund their programs.”

Ok, so, these comments about fraud and oversight are worth examining. I’m trying to imagine how either the government of Canada or an educational institution could legitimately “prevent fraud” or “exercise oversight” in a case like this one. Are colleges and universities supposed to be like the pre-cogs in the movie Minority Report, able to spot criminals before they commit a crime? I mean, there is a case to be made that in the past Canada made such cross-border runs more tempting by allowing students’ entire families to join them in Canada while studying (as was the case in the Dingucha affair), but that loophole was largely closed ten months ago when the feds basically stopped giving open work permits to partners of students unless they were enrolled in a graduate degree.

Anyways, this is where we are now: our national broadcaster sees no problem running evidence-free stories simply as a platform to beat up on public colleges because that’s a great way to get clicks. Crappy journalism? Sure. But it’s also evidence of the disdain with which Canadian PSE institutions are now viewed by the broader public: CBC wouldn’t run such a thin story unless it thought the target was “soft.” And there’s no solution to our funding woes until this gets sorted out.

Source: HESA: Credulous Nonsense on Colleges from the CBC

Human rights tribunal chair showed unconscious bias in dismissing immigration complaint: Federal Court

Of note:

The former head of Canada’s human rights watchdog demonstrated an “apprehension of unconscious bias” and lost “the necessary objectivity” in dismissing a complaint against the Immigration Department for discrimination, a court has ruled.

In criticizing the decision by David Thomas, the former chair of the Canadian Human Rights Tribunal, the Federal Court concluded the adjudicator breached the duty of procedural fairness by failing to properly address the allegation of bias levelled against him during the human rights complaint proceedings.

Instead, the court said, Thomas erroneously made his own findings on the accusation in an “unexpected addendum” in rejecting the complaint by Amir Attaran that Ottawa discriminated against parents and grandparents by delaying the processing of their permanent residence applications based on age, race, family status and national/ethnic origin.

“The panel did not give the Applicants an opportunity to know the case against them and to fully and fairly respond,” wrote Justice Henry Brown in a rulingon Friday to send the case back to the tribunal for redetermination.

“The panel lost its necessary objectivity by engaging personally and subjectively in the assessment of the bias allegation against him.”

Thomas, in his analysis, denied having unconscious bias against people of Persian background such as the complainant because “some of my closest friends are from Iran.” 

The court decision has added another side note to the already lengthy legal battle by Attaran, a University of Ottawa law professor and American-born Iranian, who filed his complaint to the rights tribunal in 2010 over the Immigration Department’s processing delays for parent/grandparent sponsorships.

At the time of the complaint, it was taking immigration officials 42 days to screen the sponsors of spouses and children — but 37 months for those who wanted to bring their parents and grandparents to Canada.

After some legal wrangling and delays caused by COVID-19, Attaran’s complaint was heard in 2021 by Thomas, who left the tribunal later that year but continued to preside over the case….

In a written statement, Charlotte-Anne Malischewski, the human rights watchdog’s interim chief commissioner, said the decision was important in the evolving jurisprudence in cases involving racial discrimination.

“It clarifies that the legal test for reasonable apprehension of bias is not about the actual state of mind of the adjudicator, but rather whether a reasonable observer would believe them to be biased,” she said.

“If left unchallenged, the (tribunal) decision could be used to make it harder for people to prove discrimination.”

Source: Human rights tribunal chair showed unconscious bias in dismissing immigration complaint: Federal Court

Newcomers feel Canada accepts ‘too many immigrants’ without proper planning, CBC survey finds

Good long detailed article with a mix of data and testimonies. Not surprising that immigrants have many of the same concerns as non-immigrants regarding lack of planning with respect to housing, infrastructure etc among other issues raised in a fairly comprehensive survey:

More than 80 per cent of newcomers to Canada feel the country is bringing in too many people through its immigration system without proper planning, a poll commissioned by CBC News has found.

The survey conducted by market research firm Pollara Strategic Insights in November asked 1,507 people about their experiences coming to Canada. Among its findings was that four in five newcomers believe the Canadian government has accepted “too many immigrants and international students with no planning for adequate housing, infrastructure or having sufficient job opportunities.”

Shabnoor Abdullateef, a physician who immigrated to Canada from Iran in 2022, says she agrees with this statement.

“There was absolutely no thinking behind this,” said Abdullateef, who graduated from the health-care administration management program at Fanshawe College in London, Ont., last spring….

Source: Newcomers feel Canada accepts ‘too many immigrants’ without proper planning, CBC survey finds

Why Legal Immigration Is Impossible for Nearly Everyone

Wonderful graphic illustrating the complexity of immigration to the USA. Canadian system if anything is more complex, given Provincial Nominee Program and the various “boutique” or targeted programs. Would be nice if IRCC could prepare such a chart as part of the briefing package for the expected incoming Conservative government as a basis for streamlining, simplification and automation:

My latest policy analysis published today explains why it is impossible for nearly all immigrants seeking to come permanently to the United States to do so legally. The report is a uniquely comprehensive and jargon-free (to the extent possible) explanation of U.S. legal immigration. Contrary to public perception, immigrants cannot simply wait and get a green card (permanent residence) after a few years. Legal immigration is less like waiting in line and more like winning the lottery: it happens, but it is so rare that it is irrational to expect it in any individual case.

The figure below shows the U.S. legal immigration system for people who are abroad who presently intend to immigrate permanently to the United States. Below I briefly describe the main problems and choke points in this labyrinth.

Flow chart of the entire legal immigration system

Guilty Until Proven Innocent

Until the Immigration Act of 1924, everyone in the world was eligible to immigrate to the United States unless the government proved they fell into an ineligible category. In other words, innocent until proven guilty. Since then, the foundational principle of U.S. immigration law is that everyone in the world is ineligible to immigrate unless they prove to the government they fit into an eligible category. The result is that over 99 percent of all those wanting to immigrate to the United States cannot do so legally.

Source: Why Legal Immigration Is Impossible for Nearly Everyone

Todd: Can Ottawa solve the problem of millions of expiring Canadian visas?

More commentary on immigration policy and program failures:

…How did we get to this muddled state, where the government admits the numbers are out of control — and that it can’t even track, let alone control, the movement of hundreds of thousands, if not millions, of the country’s guest workers and foreign students?

In 2019 I wrote an optimistic column about how the Canada Border Services Agency was going to bring in “exit controls” to help fix our infamously leaky borders.

The upshot was that proper exit controls would increase the likelihood officials catch homegrown terrorists, individuals who illicitly take advantage of taxpayer-funded health care and, particularly, people who overstay their visas.

The plan was to better track when people leave the country by land, sea or air — using techniques long in place in Australia, the U.S. and the European Union. But even though upgraded exit controls were instituted in 2019, they have not made an obvious difference in compelling people to follow the rules regarding how long they can stay in the country.

To add to the disorder, 2024 had a drastic rise in the volume of temporary residents — 130,000 — trying to overstay their work and study visas by applying for refugee status. That’s up from 10,000 less than a decade ago. The asylum claims process can take several years.

In response to questions from Postmedia, the CBSA said it does what it can to monitor and penalize people who overstay. Specifically, officials said that for various reasons it issued more than 3,700 “removal orders” in 2024, compared to 1,517 in 2020.

Sam Hyman, a retired Vancouver immigration lawyer, said Canada, unlike many countries, doesn’t have exit immigration controls that require all travellers who leave to be examined and their departure confirmed. But, he said, there is a certain degree of border-crossing monitoring.

Vancouver lawyer Richard Kurland, publisher of a monthly migration newsletter called Lexbase, says more rigorous entry and exit controls, while useful, won’t solve Canada’s border crisis alone.

He’s more concerned the government is trying a number of strategies to avoid taking blame for the migration turmoil, first by “denying” it, then by “distracting” from it and now by “repackaging” it, while making new promises.

After Trudeau spent years accusing critics of his high migration policies of being xenophobic or racist, Kurland said he and Miller last year “did a 180 (degree turn) and offered a mea culpa,” admitting to overshooting.

However, they then compounded their blundering, Kurland said, by promising temporary residents who overstay their visas a general amnesty.

“But when you have immigration amnesties, why obey rules, when all you have to do is to hide and wait for the next amnesty?” Kurland said. After the public rose up in criticism, Kurland said the Liberals had to pull back their scheme.

“We are left with the chicken in the python,” Kurland said, “which will be a ticking immigration time bomb for whoever replaces the Trudeau government.”

Source: Can Ottawa solve the problem of millions of expiring Canadian visas?

Thousands of caregivers’ status at risk as immigration programs stall 

Another example of poor management:

Thousands of caregivers from overseas may need to leave the country or risk staying here illegally as Ottawa delays the rollout of a new pathway to permanent residency for nannies and home support workers.

Since 2019, the Home Child Care Provider and the Home Support Worker pilot programs have brought caregivers and support workers to Canada from overseas on temporary work permits, allowing them the ability to apply for permanent residency.

But those programs ended in June, when the federal government announced it would introduce new pilot programs that have yet to be launched.

In a statement to The Globe and Mail, Immigration, Refugees and Citizenship Canada said the department needed time to reduce the number of existing permanent residence applications through the old pilot programs before launching the new ones. The statement from early December also said that full eligibility criteria and details on how to apply for the programs will be available in the “coming months.”…

Source: Thousands of caregivers’ status at risk as immigration programs stall 


NP View: Canada’s welfare state crumbles under the strain of irresponsible immigration

Forgets that Canada was able to manage relatively high levels of immigration until the Liberals were seduced by Barton, the Century Initiative and others, along with provincial government, business and education pressures for more….:

…In Canada, 2024 may eventually be remembered as the year of Milton Friedman’s revenge. Late in his life, the American sage of free markets said on a couple of different occasions that immigration was good, and the mass immigration to the New World of the early 20th century was especially good, but that radically open borders are incompatible with large contemporary welfare states. This may strike many as an uncontroversial claim, but Friedman has never been totally forgiven by radical open-borders libertarians who otherwise venerate him.

As a result, it is rather hard to find any discussion of the Friedman dilemma that isn’t sharply critical. Bryan Caplan, a great admirer of Friedman and an important libertarian economist, for example, attributes Friedman’s warnings to senile “paranoia” and bad math.

We Canadians have all lived through a year in which the carrying capacity of a model welfare state was tested to its political limit, and beyond, by poorly controlled immigration. For a half-century, very high immigration levels, levels without much parallel anywhere else in the world, were a distinguishing core part of the Canadian political philosophy. We thought of ourselves as filling in a vast empty map and pursuing diversity as an end in itself, while being administratively careful to choose the most promising immigrants.

This has all transformed very suddenly, and is a major factor in the crisis now devouring the Liberal Party of Canada. In 2024, the public began to hear warnings from labour and bank economists that governments had lost control of fundamental immigration parameters, and the state lost the ability even to count resident non-citizens accurately in real time. Under pressure from the COVID pandemic, Liberals had opened the door to an unprecedented (even for Canada) flood of low-wage guest workers, asylum seekers and international students who were hypothetically supposed to be self-supporting.

These choices have had obvious first-order effects on semi-official safety-valve parts of our welfare state, like emergency shelters and food banks. They have put crazy pressure on housing construction, which remains constipated by heavy regulation, and have increased demand for health care, which is shielded from ever-suspicious “market forces” and thus cannot react to population growth in the way that shoe stores do.

They have also coincided with a period of stagnant labour productivity, disconcerting urban decay and grotesque reversals in per capita GDP — something that open-border advocates wouldn’t predict, didn’t predict and can’t really explain. We have behaved in the 2020s exactly like a welfare state that was determined to test Friedman’s principle, and we found it to be true.

Of course, if we could put a Friedman clone in charge of our country, or for that matter Bryan Caplan, we would be sure to end up with a more nimble and adaptable economy with less of a necessity for limiting newcomers. Canada is a country that tries to combine plenty of economic nationalism with sky-high immigration. This was always a curious and expensive mixture of ideals. After a decade of a Liberal government proclaiming our “post-national” character, and being openly hostile to cultural nationalism and historical traditions, it is beginning to seem like plain madness.

Source: NP View: Canada’s welfare state crumbles under the strain of irresponsible immigration

Keller: The MAGA fight over the future of American immigration, and the Canadian connection

More on the internal MAGA debates:

…However, as is par for the course with Mr. Trump, his words and his actions tend to work different sides of the street. According to an analysis by The New York Times, his businesses have rarely used the high-wage H1-B program. Instead, over the last 20 years, he has employed more than 1,000 foreign workers through the low-wage H-2 program, which brings temporary workers such as gardeners and housekeepers.

Mr. Trump’s business practices may be the opposite of what most voters want, but his words, and those of Mr. Musk, are closer to what Americans of all stripes say they would prefer.

Democratic and Republican voters are far apart on immigration, except on two crucial questions. A Pew Research Center poll released during the election found that 96 per cent of Trump voters were in favour of “improving security along the country’s borders,” but so were a whopping 80 per cent of Kamala Harris voters. The poll also found that 87 per cent of Harris voters favoured “admitting more high-skilled immigrants” – as did 71 per cent of Trump voters.

The Musk position – less illegal immigration, less immigration by people with high-school educations, but more immigration by the world’s brightest engineers, computer scientists and other skilled workers – is popular with voters. It also makes a lot of economic sense.

Source: The MAGA fight over the future of American immigration, and the Canadian connection


Jamie Sarkonak: Immigration needs to work for Canadians, not rule-breakers from abroad

Two minds on this decision. On the one hand, the judge was emphasizing the welfare of children, on the other hand, clearly fraudulent refugee case. And will the family be actually deported once the school year is over?

…Ministers have the power to step in and block deportations — I have no problem with that — but the government shouldn’t be obligated to carry out lengthy procedures designed to give those here illegally every shot at staying. In a country with supposedly fixed borders and social supports, it shouldn’t take this much state capacity to remove those who aren’t cleared to be here.

On the criminal front, it’s just as bad. Due to court precedent, Canadian judges are obligated to consider “immigration consequences” when sentencing non-citizen offenders. In some cases, it results in a sentence discount: nightclub gropers and drunken burglars from abroad have received lighter sentences under this rule to give them a greater shot at remaining in Canada.

There are plenty more legitimate refugees, and otherwise law-abiding non-citizen newcomers who are eager to adapt to Canadian life and get on the path to citizenship. Let state resources go to supporting them, and not people who abuse our rules to harm others and extend their already illegal stays.

Canadians deserve a system that works for them, not outsiders. Let that be a change that graces us in 2025.

Source: Jamie Sarkonak: Immigration needs to work for Canadians, not rule-breakers from abroad

‘We didn’t turn the taps down fast enough’: Immigration minister wants to save Canada’s consensus on newcomers

Yet another intv with immigration minister Miller, charged with correction the missteps of the government and his predecessors:

This year brought one of the most significant policy reversals in the Liberal government’s nine years in power: drastically cutting the number of immigrants entering Canada over the next three years.

The dramatic reduction followed months of warnings from economists, corporate banks and even the government’s own officials that Canada’s population growth was outpacing the availability of services and housing, driving up costs.

It marked a pivotal political moment for Prime Minister Justin Trudeau, who came to power in 2015 on a pro-immigration message. By this fall, Trudeau admitted they “didn’t get the balance quite right,” particularly coming out of the COVID-19 pandemic.

Immigration Minister Marc Miller sat down with National Post to discuss the government’s recent immigration changes.

National Post: You’re the fifth immigration minister for this government, but you’re the one who came in and had to reduce immigration levels. How does that feel?

Immigration Minister Marc Miller: Off the cuff, I think it was the right thing to do. I think it was an important thing to do for a number of things, just because of the need to make sure that we’re being responsible, to put the flow of people into the country and properly giving Canadians a snapshot of what population growth looks like in the context of a government that has been very bullish on immigration. I think rightly so. And I won’t pretend that we’ve gotten everything right, certainly haven’t in some respects, but we have gotten a lot right. Avoiding recessions has been important.

The prime minister put me in this position less than a year-and-a-half ago knowing that there needed to be some change and so gave me enough of a landing strip to be able to land a big bunch of policy planes and trusted me to do that. And so that is something that didn’t come out the head of one person. We were conscious as a government that there were some adjustments that needed to be made, but in a thoughtful way.

We do have, unfortunately, the tendency of confusing consensus with unanimity, we will not ever have unanimity on immigration. There are people that don’t want immigrants. There are people that want more than we can accommodate, but there is a consensus that’s been built. I think it’s one that is under some threat, if it hasn’t completely crashed in some other countries, but we have a unique moment in Canadian politics to get this right.

National Post: When did you realize you had to reduce permanent residents and what kind of sell was that to cabinet, maybe even the prime minister, caucus colleagues?

Miller: The levels plan are several months in the planning and it isn’t the result of one poll or one in-depth survey.

I truly wanted options this year that I could put in front of cabinet members where we could have a healthy discussion about where we wanted to see this country in the next three years, and what signal that sent to Canadians in the context of an election year. There will be no other levels plan, barring some extraordinary measure before the next election.

It’s very easy when you’re constantly increasing the numbers, to spread a little bit here and spread a little bit there. It’s a radically different intellectual and emotional exercise to say, ‘OK, well, we’ve got to cut 20 per cent, where you do care about immigration, where do you want to see this going?’ And it makes for some really difficult choices.

It is probably in my experience in cabinet, one of the cabinet items that is the most hotly debated with a variety of views that don’t always come to one mind. But I think on this one, there was broad consensus because of what people were hearing at the doors, I think what economists were signalling, what provinces and territories were telling us.

National Post: Did you have any colleagues saying ‘we can’t do 20 per cent?’

Miller: I’m not going to betray the trust that they put in me, but, you know, we have different views in our caucus and Canadians do as well.

Some people have huge hearts and want more refugees and humanitarian folks coming from the countries that are war torn. Certainly there’s an argument for that. Lots of people across Canada that want to bring the family members in, increasingly so with the number of first generation immigrants.

And then, you know, from the chambers of commerce, that want an unlimited supply of economic migrants, some temporary, some permanent.

There are different economic impacts: one, the initial investment into a refugee or an asylum seeker that pays off, perhaps only in the next generation or years later in someone’s career, if you look at it purely from an economic perspective and someone that comes in with a high set of skills and hits the ground running and integrates into society almost immediately.

National Post: Why should Canadians trust the Liberals to handle immigration when you and the prime minister have admitted you didn’t adjust as quickly as you could have?

Miller: It’s a fair question. I think we owe it to Canadians, first and foremost, to be honest with them and not double down when we get something wrong or not get it as right as we should have.

Let’s not underplay the good that’s happened with immigration. It is significant, and I think it has helped us get out of a perfect storm that we faced coming out of COVID.

We did, going into the COVID, particularly in my province (Quebec), have labour shortages (that) magnified coming out of COVID, so we scrambled pretty quickly to fill that and I think we did it successfully. What I would say, probably, is we didn’t turn the taps down fast enough and when it comes to international students, probably should have acted early.

I think we are being honest with Canadians. We’re being responsible in taking the shift, which is an important one, but not being cavalier in overcorrecting, which in these political situations is always a risk to simply please one group or another.

National Post: Was part of the reason you didn’t move fast enough was emotions people in cabinet have towards immigration and the role immigration has played to the Liberal brand?

Miller: I’m not too worried about our brand. It isn’t something I focus on too much when making policy.

I think there are legitimate questions about the impact of slowing down volume, the impact on the economy of having even a marginal population decline. When it comes to temporary residents, in my mind, I believe we probably trusted the provinces and the (post-secondary) institutions that they should be regulating better for too long.

National Post: Do you think that the time it took and some of the mistake made is contributing to the asks that are now coming from the incoming U.S. administration when it comes to immigration?

Miller: Not to downplay the asks, because I think we do have to take any actions or signals that the incoming administration is sending to us, I think we do have to take them seriously.

I think it’s the results of a toxic debate around immigration in the U.S., that is the result of how their southern border, the border with Mexico, is perceived and not with Canada.

There are some measures that I took coming into power … to put a little more discipline into the visa program, including the Mexican visa, actually putting the hammer down in May on Indian visas and visas from Bangladesh, so much so that our November numbers for transporter traffic is at a yearly low. That needs to continue.

National Post: Do you think you waited too long on the (Mexican) visa requirement because it had been an issue throughout 2023 and it wasn’t until February they were reinstated?

Miller: I won’t speculate specifically on that for a number of reasons, because there’s a lot of operational considerations that we take into account when making one of these decisions. They’re not taken lightly, particularly when we’re dealing with one of our larger trading partners in Mexico.

National Post: Are you considering any changes to the Canada-U.S. Safe Third Country Agreement?

Miller: That is a discussion that is going to be had with the U.S. because it’s a two-way street. if we can always perfect the way the border is managed, I’m totally open to it. But amendments to the Safe Third Country Agreement at times requires a passage through Congress. It’s a long process that is a product of the U.S. machine.

On balance, it’s an agreement that has served us well. What I am considering is changes to the asylum system that could potentially address the way the … agreement gets gamed by people trying to come to Canada.

National Post: Why should there be an ability for someone to make an asylum claim if they didn’t come through an official port of entry?

Miller: People could be trying to save their own lives, and in any story of a refugee, you’ll find people that will commit technical breaches of the law in order to save their own lives.

I think it’s unfair to sort of paint them constantly, as quote unquote “illegals.” But there is a way to get into this country. It needs to be managed properly and it needs to be done in a way that’s fair and humane to folks.

Source: ‘We didn’t turn the taps down fast enough’: Immigration minister wants to save Canada’s consensus on newcomers