Bill C-31: Reaching too Far, or Fair for Canada and Refugees

By Author: Max Chaudhary | July 14, 2012

Bill C-31: Reaching too Far, or Fair for Canada and Refugees?

Billc-31, having been granted royal assent on June 28th  2012, is now enacted. The controversial bill was sponsored by the Minister of Citizenship, Immigration and Multiculturalism, Jason Kenney. This has polarized people in the immigration field and citizens alike. The dissension has transcended political party disputes. It has also been disapproved of by international organizations such as: Amnesty International and Human Rights Watch.

The following changes are in effect by passage of 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 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
  • If one has a refugee claim pending before the Refugee Protection Division or less than 12 months have passed since an application for refugee protection was rejected, abandoned or withdrawn after the hearing started, one is no longer eligible to make a Humanitarian and Compassionate Application to remain in Canada. Exceptions may be considered for situations where providing adequate medical care or the best interests of a child are factors.
  • Awards powers to Immigration Officers to arrest and detain suspected foreign nationals and permanent residents even if the alleged crimes transpired abroad many years ago.

The Minister, Jason Kenney, defended his bill by stating it would address serious concerns facing our nation’s refugee system. Kenney: “To be blunt, Canada’s refugee system is broken. Too many tax dollars are spent on bogus refugees.” In particular, the government wants to limit the number of claims originating from the European Union.

The CIC states that 95 per cent of E.U. applications were withdrawn, rejected or abandoned and cost Canadian taxpayers $170 million.  The 95 per cent figure is in dispute by refugee advocates.  The Minister plans to begin implementing a biometric system in 2013. It would begin with citizens of countries that are deemed to be “dangerous.” Other planned changes will likely occur in the autumn of 2012. There are many who say these changes go too far and that recent changes were never given an opportunity to work.

Those opposed to these change state it grants the Minister too much authority and is too harsh on applicants.  ‘It’s a serious step backward,” said NDP critic Don Davies. “This minister didn’t even implement Bill C-11.” (which was enacted less than two years prior to C-31 being granted royal assent). “How he can say the system doesn’t work when he didn’t give it a chance is beyond me.”

For those that disagree with the new laws, and there are many, it is now officially on the books. Follow the results and see what the results are for yourself. For more information on this subject and any other questions you may have, you can call Max Chaudhary on 416 447 6118 or email him at max@chaudharylaw.com.

Connect with me on Google+ at Max Chaudhary

New Graphic
New Comers Guide To Canada

Our strict privacy policy keeps your email address 100% safe & secure.

I was born and raised in Toronto, Ontario Canada. I am an accomplished author and lecturer and am consulted by the media and other immigration lawyers and consultants on immigration matters and challenging immigration cases, appeals, and federal court matters.

Please call me for any Canadian immigration issues or concerns you may have: 416-447-6118

Read more about Chaudhary Law Office on Google places, Twitter, and Linkedin.

For Immediate Immigration Help,
Call Us Now
416-447-6118

Contact Information

Chaudhary Law Office
18 Wynford Drive Suite 707, Toronto
Ontario , M3C 3S2 Canada
Phone: 416-447- 6118
Fax: 416-447-6746

Videos

Toronto Immigration Lawyer - Assisted Voluntary Returns Program

Toronto Immigration Lawyer - Visa Applications

Toronto Immigration Lawyer - Marriage Laws

Client Testimonials


Salam Max

MY spouse [xxxxxx] has received her passport back with the immigrant Visa and landing papers and other related doxs. All of the dox are attatched for your references. congratulations and Thanks Thanks Thanks

-Hamid



Hello again Max

I just wanted to thank you again for your exertions yesterday and for all your preparation leading up to the hearing. I felt that I was well represented and that you articulated the issues and the argument for my case very clearly. Look forward to hearing from the judge next. Hope you are feeling better today,

-Anne Marie


Read More