Senators serving on the social affairs committee are advocating for the removal or significant modification of immigration-related provisions within the government’s border bill, C-12, by the Senate national security committee. The national security committee has the responsibility of proposing amendments, while the social affairs committee has extensively examined the bill’s immigration components.
A study conducted by the social affairs committee, obtained by The Canadian Press, reveals concerns raised by witnesses regarding potential human rights violations and procedural fairness shortcomings in the legislation. Bill C-12 includes provisions related to immigration, focusing on information-sharing and asylum system management. It also seeks to grant the government new authority to alter or cancel existing immigration documents and applications.
In the event that the national security committee chooses not to eliminate the immigration sections, the social affairs committee recommends enhancing parliamentary oversight within the legislation and adding a sunset clause to mandate a parliamentary review. Civil society groups that provided testimony before the Senate social affairs committee have widely welcomed the report.
Karen Cocq, spokesperson for the Migrant Rights Network, expressed satisfaction with the senators’ response to concerns raised by those affected by Bill C-12. Witnesses highlighted that the legislation could create a two-tier system, leading the Senate committee to propose nine additional recommendations to address issues highlighted during testimonies.
One contentious area of the bill would prevent individuals who arrived in Canada more than a year prior from filing refugee claims with the Immigration and Refugee Board. This provision, retroactive to June 24, 2020, could affect a significant number of asylum applications. Witnesses urged an extension of the one-year period to five years to allow for more inclusive asylum claim opportunities.
The proposed legislation has faced criticism for potentially establishing a discriminatory two-tier asylum system, lacking in-person hearings for vulnerable groups like the LGBTQ+ community and domestic violence survivors. The committee also rejected the retroactive application of certain sections and called for them to be activated upon royal assent.
Furthermore, the bill grants the government the power to modify or cancel various immigration documents, including permanent residency cards, for reasons pertaining to public interest. Concerns were raised that the broad terms could lead to discriminatory actions, prompting the committee to recommend the inclusion of robust parliamentary oversight to monitor these powers.
The social affairs committee suggests allocating additional resources to the Immigration and Refugee Board to address the backlog of approximately 300,000 pending claims. Amendments are proposed to exempt permanent residents and naturalized citizens from information-sharing provisions and introduce mandatory privacy commissioner review requirements.
The Senate national security committee is slated to conduct a detailed review of the bill on Monday, with the opportunity to introduce amendments during this phase. The bill is set for a second reading vote deadline by Feb. 26.