''Protecting Canada's Immigration System Act'' (), or Bill C-31, is an act of the
41st Canadian Parliament sponsored by the
Minister of Citizenship, Immigration and Multiculturalism,
Jason Kenney.
Introduced on 16 February 2012 and receiving
Royal Assent
Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in othe ...
on 28 June 2012,
Kenney claimed that the bill is necessary to protect the refugee system, and that it would address the number of "bogus refugees" and claimants from
European Union
The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are Geography of the European Union, located primarily in Europe. The u ...
democracies.
As such, the Act purposed to amend Canada's ''
Immigration and Refugee Protection Act'', ''Balanced Refugee Reform Act'', ''Marine Transportation Security Act'', and the ''Department of Citizenship and Immigration Act''.
Changes
The following changes were made by the bill:
*the
immigration minister would have the power to choose which countries are safe without a committee including human rights experts
*rejected refugee claimants from countries on the
safe country list would no longer be able to appeal the decision to the
Immigration and Refugee Board
*claimants from countries on the safe country list would have to wait a year before applying for compassionate and humanitarian considerations to become
permanent residents and could be deported in the meanwhile
*claimants from countries on the safe country list would be able to ask for a judicial review by the
Federal Court, but could be deported before the court makes a decision
*
biometric identification would be implemented for people that apply for visas to visit Canada
Criticism
Don Davies criticized the bill, saying that it broke the compromise previously reached within the government and that it "puts too much power in the hands of the minister."
Amnesty International
Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says that it has more than ten million members a ...
, the Canadian Association of Refugee Lawyers, the
Canadian Civil Liberties Association, and the
Canadian Council for Refugees called for the withdrawal of the bill, claiming that it has provisions that would give "Ministers broad, unfettered and unprecedented powers," and would:
…arbitrarily detain groups of refugees; keep parents, children and spouses apart for years; undermine the fairness of the refugee claim and protection process; introduce the use of biometrics; and authorize the stripping of permanent residence from refugees…
Human Rights Watch
Human Rights Watch (HRW) is an international non-governmental organization that conducts research and advocacy on human rights. Headquartered in New York City, the group investigates and reports on issues including War crime, war crimes, crim ...
also criticized the bill, saying that "
bjecting 16- and 17-year-old children to mandatory, unreviewable detention backtracks on Canada’s commitments to children," and that "
believe it is impossible to make a blanket determination that any country is safe for everyone and would never produce a refugee."
See also
*
Canadian immigration and refugee law
References
{{Canada-law-stub
Refugees in Canada
Canadian immigration law
Canadian federal legislation
41st Canadian Parliament
2012 in Canadian law
Immigration legislation
Immigration, Refugees and Citizenship Canada