Safeguards have been written into the federal government’s border invoice to make sure civil rights and due course of are upheld in proposed immigration rules, Immigration Minister Lena Diab stated Wednesday.
Critics and advocacy teams are calling the wide-ranging border safety laws a risk to civil liberties within the immigration and asylum system.
One proposed change within the laws would stop individuals from making asylum claims in the event that they’ve been in Canada for greater than a yr.
That change wouldn’t have an effect on functions which were submitted already however could be retroactive to June 3, assuming the invoice turns into regulation.
Diab stated there would nonetheless be alternatives for asylum seekers who’ve been in Canada for greater than a yr to make their case by means of measures like pre-removal threat assessments.
“There’s a variety of functions within the system and so that is will streamline it to make sure that these newcomers, or these individuals that actually want our safety and use the asylum system, are processed sooner,” she stated.
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Justice Minister Sean Fraser additionally pointed to the pre-removal threat evaluation clause as a safeguard that helps make sure the invoice upholds particular person rights and freedoms.
“We went by means of the invoice to make it possible for now we have the instruments which might be vital to guard the integrity of the border, additionally to guard rights of Canadians and to be in compliance with the Constitution,” Fraser stated on his manner into Wednesday’s caucus assembly.
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Anandasangaree introduces invoice geared toward tightening border safety, immigration system
The 127-page invoice, unveiled Tuesday, would give authorities new powers to go looking mail and increase the Canadian Coast Guard’s position to incorporate safety actions.
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There are a number of different immigration measures are within the invoice.
They embrace giving authorities the ability to cancel or droop immigration paperwork for well being or nationwide safety causes, closing a loophole that permits individuals to make an asylum declare 14 days after crossing the U.S. land border, and permitting Immigration, Refugees and Citizenship Canada to share the private info of immigrants and refugees with provincial and territorial governments.
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Immigration lawyer Zool Suleman stated the information-sharing proposal poses a risk to the civil liberties of all Canadians.
“Everyone thinks they don’t have anything to cover. You’d be amazed at how a lot we do need to cover when it comes to the private lives that we lead on this nation and that now we have a proper to guide within the nation,” he stated.
“The true concern is that the federal government shouldn’t be delving into your personal life until they’ve trigger. And so what this invoice is basically doing is threatening the civil liberties of all people in Canada.”
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Diab stated the laws contains a lot of safeguards to guard private info. She stated the aim is to streamline information-sharing between branches of presidency that course of immigration, citizenship and passport functions.
“These applications can not share info collectively. So this at the very least will give us that capability to try this, but additionally share info with the provinces and territories the place the necessity arises,” she stated.
Diab stated information-sharing preparations with provincial and territorial our bodies could be outlined in agreements stating which info may be shared and when.
“Most Canadians in all probability suppose that is the smart factor to do and in reality most likely suppose it exists already. Nicely, it doesn’t,” Diab stated.
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Diab stated the ultimate determination on cancelling or suspending immigration paperwork within the occasion of a well being or public security emergency could be made by cupboard.
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“I believe individuals, Canadians, ought to really feel secure that we’re placing all these safeguards in. However once more, as I stated, it’s all a part of defending our nation and defending our system,” Diab stated.
Suleman stated he has fearful a few authorities giving itself this sort of energy for the reason that 2001 Immigration and Refugee Safety Act turned regulation.
“Individuals had predicted that that is the course during which the federal government would go when it was passing this framework laws. And what we discover greater than twenty years later is it’s precisely the place the federal government has gone,” he stated.
“They’ve taken on an increasing number of authority for themselves with much less and fewer safeguards for refugees and immigrants.”
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New border invoice has parts ‘that can strengthen’ Canada-U.S. relationship: Anandasangaree
The laws says that some asylum instances — equivalent to these of migrants crossing by land from the U.S. — will not be despatched to the Immigration and Refugee Board of Canada for assessment.
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“You can be subjected to a a lot decrease degree of assessment and far decrease ranges of safeguards. Primarily, what the federal government is attempting to do for a lot of, many refugee claimants is transfer to a paper assessment foundation, not an oral assessment foundation to find out their claims,” Suleman stated.
The federal government has been attempting to chop the backlog in immigration and refugee functions and is decreasing the variety of everlasting and momentary residents being admitted to Canada.
Roxham Highway in Quebec turned a focus for the immigration debate through the first Donald Trump presidency, with 1000’s of individuals claiming asylum after crossing the Canadian border onto the small rural street, about 50 kilometres south of Montreal.
Extra not too long ago, the federal government has reported a rise within the variety of worldwide college students making asylum claims when their visas expire.
Diab stated the asylum system can’t be used as a shortcut to immigration.
“If you wish to immigrate to Canada, now we have guidelines. We’ve got processes. Please use them,” she stated.
— With information from Jim Bronskill
© 2025 The Canadian Press
