Critics say Canada’s new immigration and border law puts LGBTQ+ people in danger

Of note:

Earlier this week, Prime Minister Mark Carney and MPs from other political parties came together to raise the Pride flag on Parliament Hill.

But an advocacy group that helps LGBTQ refugees come to Canada and the U.S says the federal government’s new border law is putting people at risk of being sent back to countries where they face persecution.

Devon Matthews, Rainbow Railroad’s chief program officer, said her organization is concerned about its working relationship with Ottawa as the federal government reduces the number of refugees it admits and cuts the organization’s funding.

She said it’s also alarmed by a new law requiring that refugee claims be made within a year of the claimant’s first arrival in Canada.

“It has nothing to do with the reasons why someone may have waited or why someone doesn’t meet the one-year bar,” Matthews told The Canadian Press

Source: Critics say Canada’s new immigration and border law puts LGBTQ+ people in danger

While I was away: Refugees

Refugee articles I found interesting:

Proposal to radically change how asylum seekers are settled in Canada heard by MPs

Getting some attention but not clear whether the government prepared to go there:

Canada should consider adopting the German model of distributing asylum seekers across the country based on tax revenues and local population, a parliamentary committee has heard.

The idea would be to more fairly share the burden of settling those seeking protection.

Barutciski: Fixing our asylum-seeker policy offers a chance to show a Canada that can work together

…While our southern neighbours exhibit the opposite dynamic, with polarized red and blue states using migration to deliberately provoke each other, Canada can distinguish itself through a functioning Parliament that shows how a federation is supposed to work. Not only would the noble idea of solidarity relieve pressure in a practical sense, it would also signal that Canada remains strong at a critical time in its history.

Thousands of failed refugee claimants may be eligible to keep federal health benefits, new report finds

Brings out the usual divide between refugee advocates and those concerned about possibly incentivizing claims:

Thousands of refugee claimants who have had their cases rejected and are facing deportation may remain eligible for publicly funded health benefits, including dental coverage and counselling, according to a new report by the Parliamentary Budget Officer. 

The analysis of the Interim Federal Health Program, which provides health coverage for refugees and refugee claimants until they are eligible for provincial health plans and benefits, found that the annual cost of the program reached $822-million in 2024-25 and was fuelled in part by long waits to have cases heard.

The PBO report, published on Tuesday, found that nearly 74,000 “failed refugee claimants” may remain eligible for coverage. They may be able to obtain such benefits for years if they appeal their cases, including in Federal Court. 

Dental care represented a large share of spending in 2024-25, the report found, followed by prescription medication. Urgent dental spending increased to $257-million from $30-million over five years. The cost of counselling services rose to $38.7-million in 2024-25, while home health visits cost more than $12-million.

Fraser: Trading rights for efficiency: Why Bill C‑12’s restrictive asylum measures will likely backfire

Interesting analysis:

…The rhetoric then was nearly identical to the rhetoric today: procedural restrictions would filter out “unfounded” claims made by applicants from “safe” countries and speed up the system.

Human rights concerns aside, did these deterrence policies meet their stated goal of making the system more efficient? 

My SSHRC-funded study of 178,873 asylum claims filed between 2006 and 2017 — one of the largest independent analyses of the Canadian asylum system to date — reveals they did not

As an expert witness cited in the Social Affairs, Science and Technology (SOCI) committee report on Bill C-12, I briefed the Senate on my study.

My research was based on a statistical analysis of asylum claims filed before and after the DCO policy came into effect (2006 to 2017) and interviews with immigration lawyers and adjudicators at the Immigration and Refugee Board (IRB) of Canada’s Refugee Protection Division. To date, mine is one of the few academic studies examining what makes Canada’s immigration procedures more or less efficient. 

The Harper government rightly identified withdrawn and abandoned asylum claims as a key source of inefficiency. In my analysis, I found that these types of unfinished claims significantly contribute to application backlogs:…

Source: Trading rights for efficiency: Why Bill C‑12’s restrictive asylum measures will likely backfire

Conservatives to propose barring non-citizens convicted of crimes from making refugee claims

Not sure whether this would withstand a Charter challenge but clever move by the Conservatives to choose this issue which most Canadians, immigrants and non-immigrants, would likely support:

The Conservatives are planning to introduce a motion today to bar non-citizens convicted of serious crimes from making refugee claims.

The motion also calls on the government to prevent asylum claims from people whose cases are still working their way through the courts.

Conservative Leader Pierre Poilievre said on social media Monday non-citizens who commit serious crimes “must be forced to leave our country.”

The Conservative motion cites an increase in extortion cases and what they call lax bail laws as reasons for the motion.

British Columbia Premier David Eby and several big city mayors have also pushed Ottawa to close what they call loopholes around asylum claims following a significant rise in extortion violence in his province and many others.

Delegates at the recent Conservative party convention in Calgary called for similar changes to the immigration and justice systems when they voted in favour of a policy proposal saying Canadian taxpayers should not pay for the “rehabilitation of foreign nationals.”

Source: Conservatives to propose barring non-citizens convicted of crimes from making refugee claims

Asylum rulings made without a hearing raise security and fraud concerns, C.D. Howe Institute report says

Of note:

The federal refugee tribunal’s practice of assessing some asylum claims without first questioning applicants could heighten the risk of fraud and weaken security screening, a report by a former director of policy at the ImmigrationDepartment says. 

The report, to be published on Thursday by the C.D. Howe Institute, expresses concern that the Immigration and Refugee Board’s assessment of asylum claims from certain countries without hearings removes an important layer of scrutiny. 

An access to information request by the report’s author, James Yousif, found that between Jan. 1, 2019 and Feb. 28, 2023, the IRB accepted 24,599 asylum claims into Canada without personally questioning the applicants in hearings. 

Mr. Yousif, a former IRB adjudicator, says that practice accelerates decision making, but has not reduced the huge backlog of claims. 

By September, 2025, there was a backlog of almost 296,000 pending cases. 

Under a file-review policy established in 2019, the IRB drew up a list of countries, which was removed from public view in 2020, from where claims could be assessed without an interview, the report says. 

Mr. Yousif argues in the report that all asylum claims should be adjudicated through in-person hearings “without shortcuts.” 

He writes that approving asylum claims without a hearing “may facilitate fraud and encourage more fraudulent claims.”

“Asking questions is also a part of Canada’s security screening architecture and cannot be skipped without increasing national security risks.” …

Source: Asylum rulings made without a hearing raise security and fraud concerns, C.D. Howe Institute report says

Immigration Department on alert for asylum claims during World Cup

Well, will likely be some:

Immigration, Refugees and Citizenship Canada is closely scrutinizing visa applications from soccer fans planning to attend the World Cup, to prevent people from entering the country with the aim of claiming asylum.

Officials are warning that ticketholders could be refused visas or turned away by border agents if it is feared they may not return home after the international soccer tournament ends this summer.

Canada, the United States and Mexico are co-hosting the event, organized by soccer’s international governing body, FIFA. Thirteen World Cup matches will be played in Toronto and Vancouver in June and July.

Among the national teams that will play here, in addition to Canada, are Germany, Ghana, Panama, Australia, Qatar, Egypt, Ivory Coast and Senegal.

FIFA says it has received over 500 million ticket requests for 2026 World Cup

As Canada prepares to welcome thousands of fans to the tournament, immigration officials are warning that coming here to attend matches is not an avenue to refugee status.

Source: Immigration Department on alert for asylum claims during World Cup

Canada will require refugees and asylum seekers to co-pay for health care starting in May

Significant change. Major expenses still fully covered however:

Starting May 1, Ottawa will require sponsored refugees and asylum seekers to co-pay for their health-care coverage, a move that critics worry will lead to delayed and possibly denied access to care.

The co-payment plan — first revealed in Ottawa’s 2025 budget in November — will apply to refugees sponsored to Canada by the federal government and community groups in their first year in the country, as well as asylum claimants who arrive at the border for protection.

Patients will still be fully covered under the Interim Federal Health Program’s basic plan to see doctors and specialists, access hospital care, and for diagnostics.

However, they will now be asked to pay out of pocket 30 per cent of the costs of services such as dental, optometry and physiotherapy under its supplemental benefit plan. They will also be charged a $4 flat rate on each prescription….

Source: Canada will require refugees and asylum seekers to co-pay for health care starting in May, Co-payments for supplemental health benefits

FIRST READING: Migrants are being screened on the honour system, MPs told

Would be nice if there was government reaction included in this article. Will await committee transcript to see if any substantive response but does contribute to undermining confidence in immigration and asylum:

Canada is so overwhelmed by refugee claimants that it is now standard practice to conduct security screenings on the honour system, the head of Canada’s border patrol union told Parliamentarians this week.

To speed things up, because we are short-staffed, we are allowing people into the country without first doing … security screening,” Mark Weber, president of the Customs and Immigration Union, told a meeting of the Standing Committee on Citizenship and Immigration.

Right now, any foreign national showing up at a Canadian border post and claiming to be a refugee will be required only to fill out a security questionnaire via a smartphone app.

After that, the foreigner is cleared to enter Canada as a refugee claimant, a status that entitles them to free health care, access to public schools and work permits. In some cases, claimants can even receive taxpayer-funded lodgings.

In 2024, numbers released by the federal government’s Interim Housing Assistance Program showed that some claimants were receiving free meals and hotel rooms to the tune of $224 per claimant, per day.

And given the current backlog in processing refugee claims, even a false refugee claimant can expect to enjoy protected status in Canada for up to two years until their case is reviewed by immigration authorities.

As Weber told Parliamentarians on Tuesday, the only way to head off hostile actors abusing the system is to hope that they will “self-declare that they’re here for no good.”

“Our goal at the border is to build the file to be able to identify non-genuine claims, and right now we’re kind of relying on people to self-declare that they’re a non-genuine claim,” he said.

Weber said that border guards are no longer able to watch for “patterns and flags” that would show up in an individual posing a security threat to Canada.

Rather, their job is simply to collect basic personal and biometric data (such as fingerprints) before sending refugee claimants on their way.

Border guards aren’t even allowed to review the self-reported answers given by refugee claimants; that all gets sent to Immigration, Refugees and Citizenship Canada.

“Claimants spend significantly less time meaningfully interacting with officers, with the result of reduced security for the sake of expediency,” said Weber….

Source: FIRST READING: Migrants are being screened on the honour system, MPs told

Le Canada est-il vraiment un sanctuaire pour les immigrants LGBTQ+?

Expectations of paradise in general are unrealistic:

..Le Canada, un paradis queer ?

C’est d’ailleurs le genre de partenariat qui renforce encore davantage l’image du Canada comme lieu sûr pour les communautés LGBTQ+. Une réputation bel et bien basée sur des faits, tranche Ahmed Hamila, professeur de sociologie à l’Université de Montréal. Ce qui ne veut pas dire qu’il ne faut pas la nuancer, s’empresse-t-il d’ajouter.

À leur arrivée, plusieurs de ces demandeurs d’asile vivent une « lune de miel » — d’une durée d’environ cinq ans, selon la plus récente collecte de données de M. Hamila. « Après, les personnes commencent à déconstruire cette image paradisiaque. Parce que, en plus du fait qu’elles doivent faire face à des enjeux d’homophobie ou de transphobie, s’ajoutent des enjeux de racisme et de xénophobie — des problèmes qu’elles ne connaissaient pas dans leur pays parce qu’elles faisaient partie de la majorité. »

Même au Canada, un pays où les droits LGBTQ+ font partie des « valeurs intrinsèques », poursuit le spécialiste, « il reste que, dans le traitement des demandes d’asile et dans l’accès aux soins et aux services sociaux, il y a encore de grands défis pour les personnes réfugiées, migrantes et racisées ». Celui qui est également codirecteur de la Clinique Mauve donne l’exemple des papiers d’immigration, qui permettent difficilement le changement de genre ou le choix du marqueur « X ».

« La situation est peut-être meilleure qu’ailleurs, mais ces personnes vivent de la discrimination en milieu de travail et dans le logement. Et [elles se heurtent à] énormément de barrières pour avoir accès [au statut de réfugié] ou au système de justice », note aussi de son côté M. Otaegi Alcaide.

Si l’image du Canada continue à être celle d’un « paradis queer », c’est que le pays a quand même fait figure de pionnier en la matière, poursuit M. Hamila. En 1993, la Cour suprême a reconnu dans l’arrêt Ward que l’orientation sexuelle pouvait être un motif d’asile au pays. Mais c’est « presque par hasard », au détour d’exemples donnés de « l’appartenance à un groupe social » et non pas à la suite d’une demande précise pour cette raison, souligne-t-il.

Ce n’est que près de 10 ans plus tard, en 2002, que le Haut-Commissariat des Nations unies pour les réfugiés a reconnu à son tour ce motif pour octroyer le statut protégé de réfugié….

Source: Le Canada est-il vraiment un sanctuaire pour les immigrants LGBTQ+?

Doug Ford and other premiers want provincial work permits for refugee claimants. It may not solve anything

Nothing burger given quick processing of 45 days?

With refugee claimants now getting work permits fairly quickly and housing being less of a pain point, why do Canada’s premiers want to seize power from Ottawa to issue work permits?

This week, the provincial leaders emerged from the premiers’ meeting united in seeking the powers under the Constitution to issue work authorization to asylum seekers, which is currently under the federal government’s jurisdiction.

The reason behind the move, Premier Doug Ford said Wednesday, is that a lot of asylum seekers living in hotels would like to work and be self-sufficient, but can’t because it’s taking too long for Ottawa to process their work permits.

While any initiative that would help claimants to get on their feet and start working as quickly as possible is positive, Toronto refugee lawyer Adam Sadinsky isn’t sure if that push is based on “outdated information.” (The Immigration Department’s website shows work permit application processing for non-refugees currently takes 181 days.)

“It was an issue a couple of years ago,” said Sadinsky, whose clients in Canada generally now receive their work permits in about six weeks. “In my practice, I haven’t seen that it is really a significant issue anymore.”

Section 95 of the Constitution Act outlines the concurrent jurisdiction of the Canadian Parliament and provincial legislatures including immigration, education and health care. It states that both levels of government can make laws in these areas, but in a conflict, federal laws prevail. 

In fact, the two levels of governments have already shared jurisdiction in some areas of immigration. The provincial nominee immigration programs, for example, allow provinces to select prospective permanent residents for Ottawa’s stamp of approval.

Currently, the only provincial-based work permits are those related to the provincial nominee program, where the province can approve the work authorization of a selected candidate, who will ultimately get the permit from the federal government.

“The provinces and the feds have worked together,” said Toronto immigration lawyer Rick Lamanna on behalf of the Canadian Immigration Lawyers Association. 

But could it be just a bluff from the premiers?

“We’ll know more if or when you start to see things coming out, whether it’s from Ontario or Alberta or other provinces, putting more meat on those bones,” Lamanna said. 

“When you start to see logistical plans, if they start opening up stakeholder consultations, if they make announcements like expansion of Service Ontario to facilitate the issuance of these permits, I think that’s when we’ll know.” 

In a statement to the Star, the Immigration Department said claimants must submit a completed application, including a medical exam, and are determined to be eligible to seek protection before they are issued a work permit. On average, it now takes 45 days to process.

Officials have also found more sustainable and cost-effective solutions such as the new refugee reception centre in Peel to house and support asylum seekers….

Source: Doug Ford and other premiers want provincial work permits for refugee claimants. It may not solve anything