June 20th, 2013 marked the day that Bill C-43, also known as the Faster Removal of Foreign Criminals Act (FRFCA), was passed into law. The bill amends the Immigration and Refugee Protection Act, which is the primary federal legislation that regulates immigration to Canada.
The bill makes significant changes to Canada’s immigration program, including:
- A loss of appeal rights to the Immigration Appeal Division (IAD)
- Greater penalties for misrepresentation
- Limitation of access to humanitarian and compassionate consideration
- A grant of new authority to the Minister of Citizenship, Immigration and Multiculturalism to deny temporary resident status
A Loss of Appeal Rights
Before the legislative changes, anyone who engaged in criminal activity and who received a deportation order because of it was still able to make an appeal to the Immigration Appeal Division, as long as they had spent less than two years in jail for their crime. An appeal is a process for requesting a formal change to an official decision, and would basically allow these people to delay their deportation.
But the new law states that any permanent resident who has spent more than six months in jail is no longer eligible to bring an appeal. Now, these people will receive their deportation orders immediately upon conviction and will be shipped out of Canada without ever having any right to appeal. This “one-strike-and-you’re-out” policy will have huge consequences for permanent residents who have been lawfully admitted into Canada: any offence that carries with it six months or more of jail time will see a permanent resident deported to their homeland.
New Authority
There is also controversy with respect to the new authority granted to the Minister of Citizenship, Immigration and Multiculturalism, Jason Kenney. Whereas the prior law gave no discretionary Ministerial authority, this new law allows the Minister to deny temporary resident status for up to three years on the basis of public policy considerations.
What this means is that, even if the individual is not a foreign criminal, the Minister can refuse them temporary entry. The problem with this is that it theoretically enables a political party to refuse entry for political purposes.
In addition, humanitarian and compassionate factors can no longer be considered when deciding to grant a request for relief from inadmissibility on grounds of security, organized criminal activity, or certain human rights violations.
Family Members Affected
Are you a planning on visiting Canada? Beware of this new legislation if you have a family member with a criminal record. It used to be that foreign nationals were admissible to Canada as long as they were not travelling with their inadmissible family member. Now, any foreign nationals who have a family member (accompanying or not) who is inadmissible on grounds of security, organized criminality, or certain human rights violations are also by association not admissible to Canada.
So even if you have committed no crime, you can be denied entry under Bill C-43. This is true even if the inadmissible family member is not travelling with you!
More information on the legislative changes can be found on the Citizenship and Immigration Canada website.
Essentially, the new law allows the federal government to remove convicted foreign nationals, even those with permanent residency status, from Canada and prevents potential offenders from entering Canada. The FRFCA allows for quick deportation of even minor offenders, guilty of isolated misdemeanor offences. The Act will no doubt have serious implications on the lives of refugees, immigrants, and all Canadians. Before the bill’s passing, there had been a lot of controversy and criticism surrounding its contents. CBC News published this article last year, raising concerns that the bill gives too much power to the government. The National Immigration Law Section of the Canadian Bar Association (CBA) also published a recommendation that policymakers remove the bill or substantially amend it because it violated the right to appeal for Canadian permanent residents. According to the CBA,
“the majority of the proposed amendments are excessive, harmful and unnecessary. The law goes farther than needed, extending to areas that are not justified by the purported harm it is seeking to address. Due process is eliminated and discretionary powers concentrated in the hands of the Minister, with limited opportunity for judicial oversight and few procedural safeguards…the targeted ‘foreign criminals’ include permanent residents of Canada, persons with legitimate status who have been living in Canada often since childhood.”
Canada, after all, is a nation of immigrants. Here at Pardon Services Canada, we question if this new law is taking things too far by treating immigrants like criminals. Last month, our company sent out a press release regarding the government’s plans to prevent ineligible foreign nationals from accessing our pardon system. No word yet on whether this plan will be put into law, but clearly potential immigrants to Canada, even those with status in Canada, are at risk. Securing a Record Suspension (formerly known as a “Pardon”) for their criminal convictions is likely the best step that potential immigrants, and even persons with status in Canada, can take to further secure their stay in the country.
Apply for a Record Suspension , or book your free consultation today, and see what new opportunities await you!