Ottawa working on program to regularize status of 500,000 immigrants

Hopefully, the government is not only consulting with advocacy groups (CBA is the only one quoted with some concerns):

The federal government is aiming to create a program that will provide a path to permanent residency for up to 500,000 immigrants who are working in Canada but do not have official standing.

The program would have unprecedented scope and apply to people whose visa or work permits had expired, and to those whose refugee applications may have been denied or blocked due to a moratorium on deportations to their country, according to Radio-Canada.

“We’re looking into ways to regularize people who live in Canada with a precarious status,” a government source, speaking on condition of anonymity, told Radio-Canada.

Up to 500,000 people could be eligible, according to the source, who was not authorized to speak publicly on the matter.

In his mandate letter to Immigration Minister Sean Fraser late last year, Prime Minister Justin Trudeau asked Fraser to “further explore ways of regularizing status for undocumented workers who are contributing to Canadian communities.”

Immigration Ministry spokesperson Rémi Larivière confirmed that work to complete that mandate “is underway,” and that the ministry is consulting with university researchers, experts and industry advocates.

Ministry officers have approached several advocacy groups in recent weeks and over the summer to consult them on the program, Larivière said. Potential criteria and a launch date are still unknown.

“We’re hoping for an inclusive program that will help many people, but it’s still vague,” said Hady Anne, a spokesperson for the Montreal-based Solidarity Without Borders.

While there have been programs to regularize the status of immigrant groups before, none have included so many people, says Rivka Augenfeld, a lifelong refugee advocate and the former president the Table de concertation des organismes au service des personnes réfugiées et immigrantes, a working table of Quebec immigration organizations

“It’s never been seen,” Augenfeld said of the forthcoming program’s expected scope. But she warned that for it to be effective, the program will need “the will of a good minister as well as the prime minister’s support.”

Temporary workers and asylum seekers would not be able to apply — including the thousands who have crossed at Roxham Road in Lacolle, Que., an unofficial crossing point increasingly popular among migrants entering Canada from the United States.

There is a large backlog in processing asylum applications, meaning many people wait years before even having a chance to tell their story before an Immigration and Refugee Board judge.

Lisa Middlemiss, the president of the Canadian Bar Association, says that while the new program would be a positive step for people with precarious status who’ve lived and worked in the country for years, it could appear unfair to migrants who have temporary status in Canada without the possibility of obtaining permanent residency.

“It’s ambitious and interesting, but it could generate a lot of frustrations,” Middlemiss said.

Larivière, the ministry spokesperson, said Ottawa would “continue to support inclusive immigration programs that meet Canada’s economic needs and fuel our growth.”

Would Quebec buy in?

Advocates such as Augenfeld and Anne fear Quebec’s government could intervene to limit the program within the province.

During the pandemic, when the federal government created a program allowing asylum seekers working in health care to apply for permanent residency, Premier François Legault’s government objected to expanding the criteria to workers who did not directly care for patients, such as cooking staff and cleaners.

The move excluded thousands and was strongly condemned by immigration advocates.

In the spring of 2021, Legault also declined to participate in another federal program offering essential workers and graduates a new pathway to permanent residency.

Legault was re-elected on Monday with a resounding majority of 90 out of 125 seats in the National Assembly.

He came under fire leading up to the election after he associated immigration with violence and extremism and later said it would a “bit suicidal” for Quebec to increase its immigration levels, insisting that accepting more immigrants entails a threat to the French language.

“We’re worried Quebec will complicate things,” said Anne of Solidarity Against Borders.

Augenfeld also raised the possibility that Quebec could “throw a wrench” into the plan for immigrants in the province.

Because the program is expected to include people from countries for which Canada has moratoriums on deportations, Haitian nationals, largely based in Quebec, could qualify.

Frantz André, who has helped hundreds of Haitians apply for asylum in the province, hopes Legault will be more open this time around.

“We’re hoping he’ll be more generous,” André said. “These people have been living in system that is broken for too long. They’ve demonstrated that they are real citizens.”

Reached by Radio-Canada, the Quebec premier’s office declined to answer questions on the topic.

“We’ve had no information from the federal government on the subject,” a spokesperson said.

Source: Ottawa working on program to regularize status of 500,000 immigrants

IRCC Settlement Services Statistics 2018-2022 to date

I recently received settlement service data from IRCC (open data tables date from 2019). Some highlights below.

Starting with the monthly data by service type, the effect of COVID can clearly be seen with levels having largely caught up with the pre-pandemic period, albeit during higher immigration levels.

The second chart compares the current July 2022 period with July 2021 and July 2020 periods, along with full-year 2021 with full year 2018, highlighting the increase on a monthly basis and the overall decrease compared to pre-pandemic levels.

Again, given that immigration has increased significantly since 2018, this understates the decline from 2018.

While the regional breakdown has generally been fairly stable, the recent increase in the share of European-origin users of settlement services reflects increased Ukrainian users while the decline in Asia reflects declines from Syria, China, India and Afghanistan.

Of the top 10 countries, Afghan users have increased the most following the Taliban takeover and consequent refugees. Ukrainian users, not shown, increased about 10 fold following the Russian war and consequent migration flows.

The last chart compares users by province with Alberta showing the greatest monthly increases and Atlantic Canada the only region showing an increase compared to 2018.

New online immigration system’s many glitches are putting applicants’ futures at risk, say critics

Ouch. Hopefully just teething pains:

Having a tough time logging into your immigration application portal? Running out of space to fill out your information? Failing to upload a document because it’s oversized, or finding you can’t examine the files you just uploaded?

These are some examples of the frustrations that immigration applicants and lawyers say they have encountered in filing applications through the federal government’s online portals, as Ottawa forges ahead trying to modernize and digitize its antiquated system.

On Sept. 23, the immigration department kicked off its transition to mandatory electronic applications for most permanent-resident programs; people can no longer submit paper applications unless they are exempted due to an accessibility issue. However, some of the technical headaches predate that switch.

The stakes are high. A flawed application can be sent back months later for missing documents, omitted information or missed deadlines — delaying and jeopardizing a migrant’s chances for permanent residence.

Canadian immigration lawyers are urging Immigration Minister Sean Fraser to roll back the change and continue to accept paper applications at least until the system is perfected or proper technical support is put in place to assist users who need help.

“The government is … moving very quickly and the technology has not kept the pace,” said Lisa Middlemiss, chair of the Canadian Bar Association’s immigration law section, who spoke to the Star in her personal capacity.

“The online PR (permanent resident) portal and online PR representative portal are fraught with technical glitches. And these glitches impede counsel or applicants from submitting their applications.”

The COVID-19 pandemic has greatly hampered Canada’s capacity to process immigration applications because officials had to work from home, with limited access to traditional paper files and documents.

As of the end of July, there were 2.4 million immigration applications in the system, 1.3 million of which have already exceeded the standard wait times.

In response to surging backlogs, Fraser’s department ramped up the effort to expand its online applications beyond its temporary immigration programs (visitor visas, study permits, work permits) and what’s known as Express Entry, a management system to process permanent residence for selected skilled immigrants.

Last year, officials soft-launched several new online portals to accept electronic applications for a string of permanent-residence programs for family reunification and skilled workers. The government is spending $428.9 million over five years to deliver a new, departmentwide digital platform — but online applications remained optional until now.

Immigration department spokesperson Isabelle Dubois said officials have taken the necessary time to ensure the successful transition to online applications by thoroughly testing the platform, training employees and deploying it in a phased approach. A small-scale controlled group of applicants was used to test, adapt and improve the user experience before expanding it to a wider audience.

“Checks and balances were in place to make sure that any issues are identified and fixed before the system is rolled out more broadly,” said Dubois, adding that officials also closely monitor performance to avoid any system crashes.

She said there has been only one outage impacting clients, in June 2022, since the launch of the permanent residence portal.

Officials did identify an issue with the portal for authorized paid representatives, which prevented some representatives from receiving a confirmation email after submitting a payment and application, an issue Dubois said the department is trying to fix.

Ottawa immigration lawyer Tamara Mosher-Kuczer said some of the technical issues preceded the new portals but they have multiplied because now every application must be done online. Despite the department’s efforts to assist applicants, the online guidance for users is confusing to say the least, she said.

For instance, there are online forms that one has to actually fill out within the portal, and there are regular paper forms. However, the new guidelines say that those regular paper forms must now be signed digitally (using an encrypted and authenticated electronic fingerprint created by the signer).

“They say they must be signed in different places electronically, but they don’t exist on the form. On one of the forms, it says, ‘sign it digitally and type your name here.’ The instruction is on the form and not in the guide,” said Mosher-Kuczer.

“There’s no explanation of what digital means. So does it mean typing your name? Does it mean … print a PDF and then attach the electronic signature with a stamp in it? And then on one of the forms that now must be signed electronically, you can’t actually type in the signature.”

She said many lawyers have raised these issues with immigration officials over the past year but the majority of the problems have not been addressed. To safeguard the interests of clients, lawyers have to screenshot every page along the process for their records in case of disputes, which means an “insane” duplication of work, said Mosher-Kuczer.

The immigration department’s Dubois said applicants and their legal representatives can find answers to their questions on the department’s FAQ page. If no solution is found, they can ask for help through a web form.

In one recent post on the Canadian Immigration Lawyers Association’s website, a Toronto lawyer said she submitted numerous web forms looking for help regarding an issue with the portal. Instead of responding to the questions, officials simply replied by emailing links to a web form.

The lawyer finally got a reply from the department, informing that her client had missed the deadline to submit a permanent-resident application. Officials apologized via email for the mishap “due to a technical issue with our online tools.”

Mosher-Kuczer said it can take weeks for people to get a response from immigration this way, if they get a response at all.

“Officials have been very clear that this is just their initial iteration and they will be building on these portals and making them better,” Mosher-Kuczer said. “But I don’t think you can force people and make it mandatory to use minimum viable products that have not been properly tested.”

There are also other issues such as the limit in some forms on the number of characters allowed, and problems with filing supplementary information without omitting something, creating grounds for applicants to be refused or pursued by officials for potential misrepresentation.

The system also restricts the size of documents one can upload, which becomes particularly problematic for complex cases, said Ronalee Carey, another immigration lawyer based in Ottawa.

“The new portal has no ability to upload (more) documents once it’s submitted. It’s basically an electronic courier service. They don’t communicate with you through that portal,” said Carey.

“You can only send an initial application. You can’t use it to submit any supplementary documentation.”

As it is, she said, the system is a “stopgap” way of accepting electronic applications, so immigration call-centre staff can manually determine which office is responsible for an inquiry.

Carey understands immigration officials must forge ahead with the digitization plan to address the backlog issue but tech support has to be there to support users 24/7, especially for overseas applicants in different time zones.

“My biggest issue is not being able to get into my portal. They need to stabilize the old system so that it’s not going offline so often and we’re not getting all of these error-403 messages,” said Carey, who was unable to access her own portal for over two weeks earlier this year, with requests (via web form) for help going unanswered.

Middlemiss said these problems are system-wide and her members are frustrated because immigration applications are time-sensitive; supporting documentations must be filed by deadlines or applicants might face devastating consequences.

“There are so many bugs and errors with the system. It also slows down everyone’s work enormously and it provides uncertainty. It would be better if we could continue with the paper-based option till all these problems are fixed,” said Middlemiss.

Source: New online immigration system’s many glitches are putting applicants’ futures at risk, say critics

Nicolas: Legault’s win reveals a Quebec split in two

Good overview and interesting parallel between the Harper years and Legault:

Montreal is an island. This is a geographical fact, but now more than ever, it is also a social and political reality. Montreal is an island of red and orange, floating in an endless ocean of blue. Or so it appears, if you looked at the electoral map of Quebec the morning after the last provincial campaign.

Urban and rural voting habits tend to differ across the country – not just in Quebec. But a new phenomenon is at play here. Not so long ago, when the Liberals and the Parti Québécois were the dominant forces in Quebec politics, neither could find a pathway to a majority without a decent representation in the metropolis.

Even Maurice Duplessis, who ruled over Quebec with an iron fist during the 1940s and 50s, used to hold more ridings in Montreal than Premier François Legault now has. This is saying a lot, given that there were fewer ridings in the city, and fewer ridings overall back then.

Last Monday night, it felt accurate to speak of a tale of two Quebecs. The differences between Montreal and the “régions” have always existed, as have those between young people and their elders, French Canadians and Quebeckers of other origins. But the divisions seem to have been exacerbated by the province’s recent political debates. There is now Mr. Legault’s Quebec, and the Quebec of those who struggle to see themselves represented in his Coalition Avenir Québec party’s nationalism. Big city dwellers, immigrants and their families, anglophones and young people more generally are struggling to find their place under Mr. Legault’s leadership.

In 2018, Mr. Legault’s CAQ managed to form a majority government with only two members of the National Assembly on the island, both minor players in his caucus. The Premier, who is, interestingly enough, originally a Montrealer himself, knows he doesn’t need Montreal to govern. And it shows.

At the beginning of this first mandate, Mr. Legault put forward Bill 21. The ban on religious symbols for judges, police officers and teachers panders to Quebeckers who hardly, if ever, come in daily contact with religious diversity – while only bearing real, negative consequences for those who do. If this tension between small town and urban Quebec wasn’t already obvious, Mr. Legault stressed it after the adoption of the law. “In Quebec, this is how we live,” he felt necessary to say. To whom, one might ask, if not predominately Montrealers?

In the first year of his mandate, Quebec’s Minister of Immigration also attempted to cancel 18,000 permanent residency applications, mostly coming from newcomers who were already living in the province. The government was forced to backtrack after an intervention by the courts, but many of the applicants caught in this political storm still had to start their permanent residency process all over again, and wait years to get approved. The immigration file, once again, disproportionally affects Montreal.

During the pandemic, Mr. Legault imposed a curfew that disproportionally affected families crammed in small, urban apartments deprived of backyards. The consequences of his policy on the most vulnerable in Montreal did not move him. We learned, after the worst of the crisis was over, that Montreal’s public-health authority had had a difficult relationship with the province on a number of issues. No one was surprised.

And this year’s debate around the adoption of Bill 96, which strengthens the province’s language legislation, also implicitly frames Montreal as a problem. There’s hardly anyone in Quebec who doesn’t understand the vulnerability of French in North America. Yet not all Quebeckers agree on the best means to ensure French continues to thrive.

Those who are in daily contact with linguistic diversity – predominantly Montrealers, once again – are concerned with the sections of Bill 96 that could hinder the human rights of Quebec’s linguistic minorities. For several CAQ supporters, however, opposing parts of Bill 96 is to oppose Quebec, period. The exclusive discourse has made many in the Montreal region feel more isolated and rejected than ever.

In this context, it is not surprising that on Monday night, Mr. Legault’s CAQ made inroads everywhere, except Montreal. During the campaign, some of the Premier’s comments on immigration generated a lot of commentary – and frankly, outrage.

The day after he linked immigration to violent extremism during a press conference, Mr. Legault apologized.

After his Minister for Immigration, Jean Boulet, falsely claimed 80 per cent of immigrants don’t speak French and don’t work, Mr. Legault apologized again.

When addressing the Montreal Chamber of Commerce, the Premier argued that welcoming more than 50,000 immigrants to Quebec a year would be “suicidal.” And during the last weekend of the Quebec campaign, Mr. Legault told journalists, who were asking him about the critiques he had received for his comments, that he would not apologize for defending French and “Quebec values.”

Then on the night of the election, he insisted in his victory speech that he will be the Premier of “all Quebeckers,” including those of “all regions,” and “all origins.”

Confused? You are not alone. Will those who have been deeply wounded by his campaign declarations accept this week’s olive branch? It would have been more likely if Monday’s victory speech had not been preceded by his track record of the past four years.

What’s next for that “other Quebec” – the one that doesn’t see its values represented in some of the CAQ’s nationalism, essentially urban Quebec, diverse Quebec and younger Quebec?

On Tuesday morning, many blamed the first-past-the-post electoral system for the lack of representation at the National Assembly. It is also worth mentioning that ridings in the Montreal region tend to include more voters than those in remote areas. This is because with each review of the electoral map, authorities hesitate to compensate ever-growing urbanization with a widening of the already-gigantic territory of rural ridings.

The easier solution would be having more than a 125 MNAs sitting at the National Assembly. This might help reduce the distortion in how votes are weighted, as least while the Legault government remains firm in its resolve to not embark on an electoral reform.

Another way forward is to essentially remain patient. The CAQ’s base is mostly strong in the 55-plus cohort. As younger generations – and the different notion of “Quebec values” they tend to put forward – increase their weight in the electorate, the political order in the province is bound to shift as well.

That generation is already better represented in the province’s municipal leadership. Big city mayors have played an important role during the campaign, for example, in putting the issues of climate change adaptation and public transportation on the political agenda.

In the next four years, opposition to Mr. Legault will be present, but greatly underrepresented at the National Assembly. It will also be found, however, in city leadership, and most probably in civil society, as well as among Quebec’s culture and media personalities.

Like the unnamed resistance that emerged in urban, central Canada during the majority Harper years, you might see an informal coalition working to push to bring the values of The Other Quebec – big city dwellers, immigrants and young people – to the forefront.

Source: Legault’s win reveals a Quebec split in two

Raj: Ottawa should scrap the logistical and political nightmare that is the Safe Third Country Agreement

Interesting that while the government defends the STCA, a “senior” IRCC official is quoted as saying “in our estimation, it might not change that much, because what would happen is you wouldn’t have a Roxham Road, the people could cross at the ports of entry and they might therefore go to different ports of entry.”

Politically, of course, it appears to undermine the assertion that immigration is managed and controlled, a point that the Conservatives have hammered in the past before IRCC backlogs became a top issue:

It challenges our conception of who we are as a country, questions the values core to the Liberal Party of Canada and yet, Thursday, the federal government is expected to be at the Supreme Court defending a longstanding agreement with the United States that it should have ditched years ago.

The Safe Third Country Agreement (STCA) aims to reduce the number of refugees crossing into Canada from the United States. By blocking access to asylum seekers at official ports of entries, however, it encourages them to use a back door, known to most of us as Roxham Road. That loophole is becoming untenable politically, especially in Quebec, and it’s causing logistical nightmares and year-long delays in refugee processing that even the government’s own immigration department suggests could be alleviated if the deal was scrapped.

Under the STCA, asylum seekers arriving by land at official crossings are turned away and handed back to U.S. authorities, where they often end up in detention in questionable conditions — unless they fall in specific exemption categories (e.g. if they have family in Canada, are an unaccompanied minor, or face the death penalty in the U.S.).

That’s at the core of the case before the Supreme Court. Does handing asylum seekers back to the United States — where they are detained, reportedly in freezing conditions without proper food, where they have fewer chances of being accepted as a refugee, and can face persecution when returned to their homeland — breach the Canadian Charter of Rights and Freedoms? 

Refugee advocates say yes. The government says no. In fact, Ottawa has been unsuccessfully trying to get Washington to expand the STCA all across the border to address Canada’s current asylum crisis — a miniature one the Biden administration must envy.

The STCA came into effect in 2004, but it wasn’t until Donald Trump became president of the United States in 2017 and started deporting undocumented immigrants that people began to pay much attention. 

Eight days into Trump’s presidency, Prime Minister Justin Trudeau tweeted: “To those fleeing persecution, terror & war, Canadians will welcome you, regardless of your faith. Diversity is our strength #WelcomeToCanada.”

It was on-brand for Trudeau and the Liberals who were elected two years earlier on a promise to bring in tens of thousands of Syrian refugees fleeing persecution.

The welcome mat was laid out at Roxham Road. This illegal border crossing is really a ditch at the Quebec-New York border that’s now surrounded by infrastructure to handle the thousands of people arriving there each month. It’s a well-publicized route to enter the country quickly and have your case heard (not so quickly) with the tiny wrinkle that you must break the law (in a consequence-free manner) to cross into Canada.

There are no statistics for RCMP interceptions of asylum claimants on the government’s website prior to 2017. But that year, the numbers in Quebec jumped from 245 in January to 1,916 in December. In total, 18,836 persons were apprehended crossing the border irregularly into Quebec. That yearly trend continued up until the COVID-19 pandemic shut down Roxham Road and the Canada-U.S. border in 2020 and asylum seekers were told to wait to make their claims. In December 2021, the numbers were back up and so far this year, 23,196 irregular migrants have been intercepted at the Quebec border — more than any other year. Perhaps, it’s pent-up demand from the pandemic, or perhaps it’s just the new normal settling in.

It’s no wonder Quebec politicians are alarmed. Coupled with Premier François Legault’s focus on identity politics and concerns over the survival of the French language, provincial politicians fervently denounced the situation on the election trail, demanding the road be closed.

Parti Québécois Leader Paul St-Pierre Plamondon, for example, suggested the federal government left Roxham Road open purposefully to “destabilize” Quebec society. 

Ottawa is uninterested in closing Roxham Road. It argues blocking access would lead asylum seekers to more dangerous crossings and could line the pockets of organized crime. Making it an official crossing would have the same impact — and is unlikely since the U.S. would have to agree to place agents there. (Imposing the STCA on the entire border would also lead migrants to find underground routes, but I digress.)

Instead, an official in Public Safety Minister Marco Mendicino’s office said the situation is “difficult, but it’s also not unmanageable.”

Right now, the system is breaking down. It gives the appearance of queue-jumping (it’s not), but does reward for circumventing the law. It’s also costing Ottawa hundreds of millions of dollars — so far more than $761 million in accommodation, security, health and transportation costs. It’s squeezing Quebec’s resources too, and a lack of personnel is forcing asylum seekers to wait nearly a year or more before obtaining a work permit and many years before having their cases heard. 

In court, the federal government has argued scrapping the STCA would lead to a flood of asylum claims at Canada’s official ports of entry. 

But a senior official from Immigration and Citizenship, speaking to the Star Wednesday, said that while Ottawa is contingency planning in case that happens, “in our estimation, it might not change that much, because what would happen is you wouldn’t have a Roxham Road, the people could cross at the ports of entry and they might therefore go to different ports of entry.”

In fact, suspending the STCA might relieve the bottleneck at the Quebec crossing and spread the burden of supporting asylum seekers across provinces.

“It might help a bit,” the official said, noting that bringing Roxham Road migrants who intended to go to Ontario to that province had helped them get their interviews faster.

Of course, scrapping the deal won’t solve everything. “The numbers are such that even if they were spread across the country, it would still lead to some problems,” the official noted.

Canadians have shown themselves ready to do more to respond to refugee crises around the world. But the system must be seen to be fair. People must be processed quickly, and given the tools to help them support themselves.

In the meantime, if the government’s own department doesn’t believe there is pent-up demand beyond what we’re already seeing, why is the Liberal government insisting on defending the status quo?

Source: Ottawa should scrap the logistical and political nightmare that is the Safe Third Country Agreement

Pierre Poilievre is demanding it — but insiders reveal why Canada won’t brand this Iran military group as terrorists

The same day the Globe publishes commentary arguing the government should explain itself (it should publicly rather than indirectly), The Star provides a good explainer, and there have been a number of articles in various publications regarding some Iranian Canadians who have not been able to enter the USA given their having been low-level conscripts in the IRGC:

The Canadian government has not yet designated Iran’s revolutionary guard corps as a terrorist entity over concerns the action would be overbroad, difficult to enforce and unfairly target potentially thousands of Iranians in Canada who may have been conscripted by Iran’s military, sources tell the Star.

Prime Minister Justin Trudeau said Wednesday his government will hold the “bloodthirsty regime to account,” and that Canada will continue to sanction the leadership of the Islamic Revolutionary Guard Corps, but he stopped short of answering yes or no to Conservative Leader Pierre Poilievre’s demand he recognize the IRGC as a terrorist group.

Faced with growing calls for action by the Conservatives, families of Canadian victims killed when Iran shot down flight PS752 and now in the face of a global uproar over the death of a young Iranian woman who wasn’t wearing a hijab, the federal Liberal government says it intends to “do more” to sanction human rights abuses by the Iranian regime.

“Everything is absolutely on the table,” Deputy Prime Minister Chrystia Freeland said Wednesday.

“Some of this is very complicated, getting the details right is complicated, avoiding collateral damage is important,” Freeland said, the day after meeting with families of the 2020 plane crash victims.

Freeland added, “But from my perspective, there’s actually something very simple at the heart of this, which is Canada and Canadians need to be on the side of women — women and students who are brave enough to protest, and not on the side of misogynist repressive theocrats.”

Canadian government officials have “for years” looked at the question of putting the IRGC, a branch of Iran’s armed forces, on the terrorist list under the Criminal Code, three sources said.

But ministers this week have repeatedly declined to state why Canada has not done so already.

Source: Pierre Poilievre is demanding it — but insiders reveal why Canada won’t brand this Iran military group as terrorists

Embedded Bias: How medical records sow discrimination | New Orleans’ Multicultural News Source

Of interest and unfortunately not all that surprising.

One of the benefits of electronic data hospital records, at least the ones I have in Ottawa, is that I see my doctor notes.

Not sure how widespread these systems are but they do provide needed medical information on a close to real time basis as well as hopefully reducing discrimination given increased public accountability and transparency.

But during my various times at the hospital for my cancer treatments, I became very aware of just how privileged I was compared to other patients in terms of education, income and language:

David Confer, a bicyclist and an audio technician, told his doctor he “used to be Ph.D. level” during a 2019 appointment in Washington, D.C. Confer, then 50, was speaking figuratively: He was experiencing brain fog — a symptom of his liver problems. But did his doctor take him seriously? Now, after his death, Confer’s partner, Cate Cohen, doesn’t think so.

Confer, who was Black, had been diagnosed with non-Hodgkin lymphoma two years before. His prognosis was positive. But during chemotherapy, his symptoms — brain fog, vomiting, back pain — suggested trouble with his liver, and he was later diagnosed with cirrhosis. He died in 2020, unable to secure a transplant. Throughout, Cohen, now 45, felt her partner’s clinicians didn’t listen closely to him and had written him off.

That feeling crystallized once she read Confer’s records. The doctor described Confer’s fuzziness and then quoted his Ph.D. analogy. To Cohen, the language was dismissive, as if the doctor didn’t take Confer at his word. It reflected, she thought, a belief that he was likely to be noncompliant with his care — that he was a bad candidate for a liver transplant and would waste the donated organ.

For its part, MedStar Georgetown, where Confer received care, declined to comment on specific cases. But spokesperson Lisa Clough said the medical center considers a variety of factors for transplantation, including “compliance with medical therapy, health of both individuals, blood type, comorbidities, ability to care for themselves and be stable, and post-transplant social support system.” Not all potential recipients and donors meet those criteria, Clough said.

Doctors often send signals of their appraisals of patients’ personas. Researchers are increasingly finding that doctors can transmit prejudice under the guise of objective descriptions. Clinicians who later read those purportedly objective descriptions can be misled and deliver substandard care.

Discrimination in health care is “the secret, or silent, poison that taints interactions between providers and patients before, during, after the medical encounter,” said Dayna Bowen Matthew, dean of George Washington University’s law school and an expert in civil rights law and disparities in health care.

Bias can be seen in the way doctors speak during rounds. Some patients, Matthew said, are described simply by their conditions. Others are characterized by terms that communicate more about their social status or character than their health and what’s needed to address their symptoms. For example, a patient could be described as an “80-year-old nice Black gentleman.” Doctors mention that patients look well-dressed or that someone is a laborer or homeless.

The stereotypes that can find their way into patients’ records sometimes help determine the level of care patients receive. Are they spoken to as equals? Will they get the best, or merely the cheapest, treatment? Bias is “pervasive” and “causally related to inferior health outcomes, period,” Matthew said.

Narrow or prejudiced thinking is simple to write down and easy to copy and paste over and over. Descriptions such as “difficult” and “disruptive” can become hard to escape. Once so labeled, patients can experience “downstream effects,” said Dr. Hardeep Singh, an expert in misdiagnosis who works at the Michael E. DeBakey Veterans Affairs Medical Center in Houston. He estimates misdiagnosis affects 12 million patients a year.

Conveying bias can be as simple as a pair of quotation marks. One team of researchers found that Black patients, in particular, were quoted in their records more frequently than other patients when physicians were characterizing their symptoms or health issues. The quotation mark patterns detected by researchers could be a sign of disrespect, used to communicate irony or sarcasm to future clinical readers. Among the types of phrases the researchers spotlighted were colloquial language or statements made in Black or ethnic slang.

“Black patients may be subject to systematic bias in physicians’ perceptions of their credibility,” the authors of the paper wrote.

That’s just one study in an incoming tide focused on the variations in the language that clinicians use to describe patients of different races and genders. In many ways, the research is just catching up to what patients and doctors knew already, that discrimination can be conveyed and furthered by partial accounts.

Confer’s MedStar records, Cohen thought, were pockmarked with partial accounts — notes that included only a fraction of the full picture of his life and circumstances.

Cohen pointed to a write-up of a psychosocial evaluation, used to assess a patient’s readiness for a transplant. The evaluation stated that Confer drank a 12-pack of beer and perhaps as much as a pint of whiskey daily. But Confer had quit drinking after starting chemotherapy and had been only a social drinker before, Cohen said. It was “wildly inaccurate,” Cohen said.

“No matter what he did, that initial inaccurate description of the volume he consumed seemed to follow through his records,” she said.

Physicians frequently see a harsh tone in referrals from other programs, said Dr. John Fung, a transplant doctor at the University of Chicago who advised Cohen but didn’t review Confer’s records. “They kind of blame the patient for things that happen, not really giving credit for circumstances,” he said. But, he continued, those circumstances are important — looking beyond them, without bias, and at the patient himself or herself can result in successful transplants.

The History of One’s Medical History
That doctors pass private judgments on their patients has been a source of nervous humor for years. In an episode of the sitcom “Seinfeld,” Elaine Benes discovers that a doctor had condescendingly written that she was “difficult” in her file. When she asked about it, the doctor promised to erase it. But it was written in pen.

The jokes reflect long-standing conflicts between patients and doctors. In the 1970s, campaigners pushed doctors to open up records to patients and to use less stereotyping language about the people they treated.

Nevertheless, doctors’ notes historically have had a “stilted vocabulary,” said Dr. Leonor Fernandez, an internist and researcher at Beth Israel Deaconess Medical Center in Boston. Patients are often described as “denying” facts about their health, she said, as if they’re not reliable narrators of their conditions.

One doubting doctor’s judgment can alter the course of care for years. When she visited her doctor for kidney stones early in her life, “he was very dismissive about it,” recalled Melina Oien, who now lives in Tacoma, Washington. Afterward, when she sought care in the military health care system, providers — whom Oien presumed had read her history — assumed that her complaints were psychosomatic and that she was seeking drugs.

“Every time I had an appointment in that system — there’s that tone, that feel. It creates that sense of dread,” she said. “You know the doctor has read the records and has formed an opinion of who you are, what you’re looking for.”

When Oien left military care in the 1990s, her paper records didn’t follow her. Nor did those assumptions.

New Technology — Same Biases?
While Oien could leave her problems behind, the health system’s shift to electronic medical records and the data-sharing it encourages can intensify misconceptions. It’s easier than ever to maintain stale records, rife with false impressions or misreads, and to share or duplicate them with the click of a button.

“This thing perpetuates,” Singh said. When his team reviewed records of misdiagnosed cases, he found them full of identical notes. “It gets copy-pasted without freshness of thinking,” he said.

Research has found that misdiagnosis disproportionately happens to patients whom doctors have labeled as “difficult” in their electronic health record. Singh cited a pair of studies that presented hypothetical scenarios to doctors.

In the first study, participants reviewed two sets of notes, one in which the patient was described simply by her symptoms and a second in which descriptions of disruptive or difficult behaviors had been added. Diagnostic accuracy dropped with the difficult patients.

The second study assessed treatment decisions and found that medical students and residents were less likely to prescribe pain medications to patients whose records included stigmatizing language.

Digital records can also display prejudice in handy formats. A 2016 paper in JAMA discussed a small example: an unnamed digital record system that affixed an airplane logo to some patients to indicate that they were, in medical parlance, “frequent flyers.” That’s a pejorative term for patients who need plenty of care or are looking for medications.

But even as tech might amplify these problems, it can also expose them. Digitized medical records are easily shared — and not merely with fellow doctors, but also with patients.

Since the ‘90s, patients have had the right to request their records, and doctors’ offices can charge only reasonable fees to cover the cost of clerical work. Penalties against practices or hospitals that failed to produce records were rarely assessed — at least until the Trump administration, when Roger Severino, previously known as a socially conservative champion of religious freedom, took the helm of the U.S. Department of Health and Human Services’ Office for Civil Rights.

During Severino’s tenure, the office assessed a spate of monetary fines against some practices. The complaints mostly came from higher-income people, Severino said, citing his own difficulties getting medical records. “I can only imagine how much harder it often is for people with less means and education,” he said.

Patients can now read the notes — the doctors’ descriptions of their conditions and treatments — because of 2016 legislation. The bill nationalized policies that had started earlier in the decade, in Boston, because of an organization called OpenNotes.

For most patients, most of the time, opening record notes has been beneficial. “By and large, patients wanted to have access to the notes,” said Fernandez, who has helped study and roll out the program. “They felt more in control of their health care. They felt they understood things better.” Studies suggest that open notes lead to increased compliance, as patients say they’re more likely to take medicines.

Conflicts Ahead?
But there’s also a darker side to opening records: if patients find something they don’t like. Fernandez’s research, focusing on some early hospital adopters, has found that slightly more than 1 in 10 patients report being offended by what they find in their notes.

And the wave of computer-driven research focusing on patterns of language has similarly found low but significant numbers of discriminatory descriptions in notes. A study published in the journal Health Affairs found negative descriptors in nearly 1 in 10 records. Another team found stigmatizing language in 2.5 percent of records.

Patients can also compare what happened in a visit with what was recorded. They can see what was really on doctors’ minds.

Oien, who has become a patient advocate since moving on from the military health care system, recalled an incident in which a client fainted while getting a drug infusion — treatments for thin skin, low iron, esophageal tears, and gastrointestinal conditions — and needed to be taken to the emergency room. Afterward, the patient visited a cardiologist. The cardiologist, who hadn’t seen her previously, was “very verbally professional,” Oien said. But what he wrote in the note — a story based on her ER visit — was very different. “Ninety percent of the record was about her quote-unquote drug use,” Oien said, noting that it’s rare to see the connection between a false belief about a patient and the person’s future care.

Spotting those contradictions will become easier now. “People are going to say, ‘The doc said what?’” predicted Singh.

But many patients — even ones with wealth and social standing — may be reluctant to talk to their doctors about errors or bias. Fernandez, the OpenNotes pioneer, didn’t. After one visit, she saw a physical exam listed on her record when none had occurred.

“I did not raise that to that clinician. It’s really hard to raise things like that,” she said. “You’re afraid they won’t like you and won’t take good care of you anymore.”

Kaiser Health News is a nonprofit news service covering health issues. It is an editorially independent program of the Kaiser Family Foundation, which is not affiliated with Kaiser Permanente. This story also appeared on The Daily Beast.

Source: Embedded Bias: How medical records sow discrimination | New Orleans’ Multicultural News Source

UK Home secretary pledges to crack down on ‘unexamined drive’ towards multicultural Britain

Trying to change the channel after a disastrous mini-budget? Even more hardline that previous home secretaries. But again, a reminder that visible minorities and immigrants have diverse views:

In a sweeping speech which pledged to regain control of Britain’s borders and fight back against left-driven “identity politics”, Suella Braverman also said police in England will be given “all the powers necessary” to stop guerilla demonstrations and jail participants – and added that officers should never “take the knee” – a symbolic gesture against racism – or take part in any protests themselves.

Speaking at the Conservative Party Conference, Ms Braverman said she would create legislation to allow the government to send back refugees who crossed the Channel on small boats, or arrived in the UK helped by people smugglers, without giving them a chance to apply for asylum.

She told a fringe event at the conferrence earlier that it would be “her dream” to see a newspaper front page with a photo of a plane taking off to Rwanda with asylum seekers on board.

Unveiled earlier this year to heavy criticism, the scheme would send refugees who arrive in the UK and are considered “inadmissible” – ie have not arrived on a government-sanctioned scheme – to the African country, where they will stay if their application is granted.

“We cannot allow a foreign court to undermine the sovereignty of our borders,” she said, referring to a last-minute move by the European Court of Human Rights to stop the first plane of refugees from taking off in June. “We need to find a way to make the Rwanda scheme work.”

She said Britain needs to “cut down on the numbers” of migrants in the country, saying the current system was not “meeting the needs of our economy”.

“We mustn’t forget how to do things for ourselves,” she said. “There is absolutely no reason why we can’t train up enough of our own HGV drivers or fruit pickers. The way we build a high skilled high wage economy is by encouraging businesses to invest in capital and domestic labour not relying wholly on low skilled foreign workers.

She insisted that it was not “racist”, or “xenophobic or bigoted” to tackle immigration.

“This is the best place on earth to come and live,” she said, adding that her own parents had emigrated to the UK from Kenya and Mauritius. “But I feel that we are losing sight of the core values and the culture that made it so. The unexamined drive towards multiculturalism as an end in itself, combined with the corrosive aspects of identity politics, has led us astray.”

Ms Braverman also warned that the “left are attacking our profound elemental values”, to replace them with the “poison of identity politics”.

“When this poison seeps into the public sphere, it distracts our public servants from doing their real job,” she said. “And that’s why it’s not only wrong for the police to take the knee. It is wrong for them to join in with political demonstrations. It is wrong for biologically male police officers to strip search female suspects. And it’s not just that pandering to identity politics is a huge waste of time. They need to stick to catching the bad guys.”

Source: Home secretary pledges to crack down on ‘unexamined drive’ towards multicultural Britain

Government moves to dismiss class-action suit filed by Black civil service employees

Of note – jurisdiction grounds:

The federal government has filed a court motion calling on a judge to dismiss a class-action lawsuit filed by Black civil service employees on jurisdictional grounds.

The proposed class action — launched in December 2020 — accuses the federal government of systemic racism, discrimination and employee exclusion. It alleges that, since the 1970s, roughly 30,000 Black civil services employees have lost out on “opportunities and benefits afforded to others based on their race.”

The statement of claim says the lawsuit is seeking damages to compensate Black federal employees for their mental and economic hardships. Plaintiffs also are asking for a plan to diversify the federal labour force and eliminate barriers that employment equity laws have been unable to remove.

But a motion filed on behalf of the federal government this week says the court doesn’t have jurisdiction over the case and the claim should instead be pursued through labour grievances.

The motion says that all related claims should fall under either the Federal Public Sector Labour Relations and Employment Board or the Canadian Human Rights Act.

A statement from the Treasury Board of Canada, which oversees the federal workforce, said the government is working to create an inclusive and diverse public service but the issues brought forth in the class action shouldn’t be addressed in court.

“There is an existing process to deal with harassment and discrimination in the public service,” the statement said, adding that the government’s position is consistent with previous government responses to class actions.

Nicholas Marcus Thompson is executive director of the Black Class Action Secretariat, the group that filed the suit. He said he is “extremely disappointed” by the government’s motion.

“[The government] has acknowledged these harms and now they’re moving to strike the entire claim, to deny workers their day in court,” Thompson told CBC.

Thompson disputed the government’s suggestion that the claims could be dealt with as labour grievances.

“These systems are not equipped to address systemic discrimination, and within them … there’s inherent biases. The systemic discrimination exists in all of the institutions,” he said.

NDP MP Matthew Green called the government’s motion “callous” in a tweet on Tuesday.

“They’ve been working to dismiss the harms they have caused through perpetrating anti-Black racism within the public service for decades,” he said.

Group files UN complaint

Last week, the secretariat filed a complaint with the United Nations Commission for Human Rights Special Rapporteur on racism, racial discrimination, xenophobia and related intolerance.

“With this complaint, we are elevating Canada’s past failures and failure to act in the present to an international body,” Thompson told a press conference in Ottawa last Wednesday.

Thompson said the secretariat hopes the UN special rapporteur investigates its claims and calls on Canada to meet its international obligations to Black employees by establishing a plan to increase opportunities for Black women in the government and develop specific targets for hiring and promoting Black workers.

In response to the UN complaint, Mona Fortier, president of the Treasury Board, said that far too many Black Canadians still face discrimination and hate.

“The government is actively working to address harms and to create a diverse and inclusive public service free from harassment and discrimination. We passed legislation, created support and development programs and published disaggregated data — but know there is still more to do,” Fortier said in a media statement last week

Source: Government moves to dismiss class-action suit filed by Black civil service employees

Québec a «tous les outils» nécessaires en immigration, estime Pablo Rodriguez

Agree, but it will be interesting to see the tone of the discussions on immigration powers. Roxham Road concerns by Quebec (and others) legitimate, but substantive action may alway await SCC decision on the Safe Third Country Agreement:

Le lieutenant pour le Québec du gouvernement fédéral, Pablo Rodriguez, estime que Québec a déjà « tous les outils » à sa disposition pour sélectionner davantage ses nouveaux arrivants et protéger le français.

Celui qui est aussi ministre du Patrimoine s’est néanmoins dit, mardi, ouvert à discuter des demandes du gouvernement de François Legault, fraîchement réélu la veille.

« On pourra discuter du sujet de l’immigration éventuellement, mais je pense que Québec a tous les outils en main actuellement pour choisir la très grande majorité de ses immigrants », a dit M. Rodriguez dans le foyer de la Chambre des communes.

Il a affirmé que la province a les pouvoirs de sélectionner jusqu’à 28 % des immigrants qu’elle accueille et qu’elle n’en choisit dans les faits que 13 %.

« Ce qui veut dire qu’il y a un autre [pourcentage d’immigrants] que Québec pourrait choisir et qui seraient entièrement francophones », a ajouté le lieutenant pour le Québec du gouvernement Trudeau.

La Presse canadienne n’avait pas vérifié, dans l’immédiat, l’exactitude des données énoncées par M. Rodriguez.

Durant la campagne électorale québécoise qui vient de se terminer, le chef de la Coalition avenir Québec (CAQ), François Legault, a évoqué l’idée de tenir un référendum sectoriel sur l’immigration dans le but de rapatrier davantage de pouvoirs dans le giron provincial.

Actuellement, l’immigration est une compétence partagée entre Québec et Ottawa. L’idée de la consultation populaire serait de demander aux électeurs d’appuyer la démarche visant à ce que le Québec contrôle davantage son immigration.

Appelé à préciser s’il considère qu’un pareil exercice serait « voué à l’échec », M. Rodriguez a répondu qu’il n’avait jamais eu vent de l’intention de Québec de tenir un référendum.

« On ne m’a jamais abordé avec cette proposition-là », a-t-il soutenu.

Concernant le chemin Roxham

Le ministre a par ailleurs assuré qu’Ottawa travaillera en collaboration avec Québec pour trouver une solution face aux passages irréguliers de migrants par le chemin Roxham, en Montérégie.

Il a dit que les négociations progressent avec les Américains pour moderniser l’Entente sur les tiers pays sûrs, qui est au coeur de ces passages. Questionnés sur ce point durant la période des questions par les bloquistes, les libéraux ont évité de fournir tout détail sur l’avancement des discussions.

« Ça dure depuis cinq ans le chemin Roxham. Ça fait des années que le fédéral négocie. […] Rendu là, on est en droit de se demander comment les négos avancent », a lancé le porte-parole du Bloc québécois en matière d’immigration, Alexis Brunelle-Duceppe.

La secrétaire parlementaire du ministre de l’Immigration, Marie-France Lalonde, n’a fourni aucune information sur l’état des négociations. « Le Canada partage la plus longue frontière démilitarisée au monde. Le chemin Roxham permet aux fonctionnaires de recueillir les pièces d’identité de ces demandeurs d’asile et de prévenir les traversées dangereuses. Ce que nous devons faire, c’est moderniser l’entente et c’est ce que nous faisons », a-t-elle affirmé.

M. Brunelle-Duceppe a vu dans cette réponse une confirmation qu’Ottawa avait bel et bien l’intention de faire des passages par le chemin Roxham une chose permanente. « Carrément, ils viennent de nous le dire ! », s’est-il insurgé.

Le ministre Rodriguez a pris la réplique pour appeler le Bloc québécois à « baisser le ton un peu ». Selon lui, le parti doit faire attention à ses propos pour éviter « de faire de la petite politique sur le dos d’hommes, de femmes, d’enfants qui, plus souvent qu’autrement, quittent des situations extrêmement difficiles ».

L’Entente sur les tiers pays sûrs fait en sorte qu’un réfugié potentiel qui se présente à un poste frontalier officiel canadien et qui a d’abord foulé le sol américain est refoulé, puisqu’il doit poursuivre sa demande d’asile dans le premier « lieu sûr » où il est arrivé.

Ainsi, des personnes souhaitant tout de même demander l’asile au Canada traversent la frontière canado-américaine par des passages de fortune, comme le chemin Roxham. Une fois qu’ils sont au Canada, leur demande d’asile peut être traitée.

Les bloquistes et néodémocrates demandent depuis longtemps la suspension de cet accord. De leur côté, les conservateurs souhaitent l’application uniforme de l’entente, poste d’entrée officiel ou non.

Source: Québec a «tous les outils» nécessaires en immigration, estime Pablo Rodriguez