Immigration Lawyer Michael Niren Quoted: Immigration Minister Kenney Wants more power for who is Denied Entry to Canada

We have mentioned Bill C-43– the Faster Removal of Criminals Act – which would result in the deportation of permanent residents from Canada for minor offences.

Kenney

Minister Kenney

The Bill, which passed its second reading in Parliament earlier this week, would also allow Citizenship, Immigration and Multiculturalism Minister Jason Kenney more authority when it comes to who is allowed to get into Canada. Kenney cited the case of Terry Jones, an anti-Muslim pastor from the United States – who was denied entry to Canada anyway because he has a criminal record – as an example of why he should get to decide who can be barred from entering Canada.

He cites people who promote hatred against specific groups as an example of who should be kept out of Canada.

“[Immigration laws] are basically focused on criminality and national security,” he told the Globe and Mail. “But in some countries, it is not a crime to promote hatred or even violence against certain groups. We have no power to deny their entry because they did not have serious criminal records or involvement in terrorist organizations and they did not otherwise represent a security threat.”

Our own immigration lawyer Michael Niren was also interviewed by Yahoo News Canada, in which he said:

“The government when asking for ‘discretionary powers’, is really a veiled but transparent attempt to circumvent more objective, black and white legislation. In the case at hand, Kenney wants to use his discretionary powers to refuse entry to persons he deems as undesirable citing public policy as a justification. It remains to be seen what kind of “criteria” will be outlined but I can assure you it will likely be as generally worded as possible to allow for the Department to wave its magic wand preventing undesirables from entering Canada.”

It is a bit of a concerning idea for one man to have all of the power when determining who to let in. Our immigration system already keeps out terrorists and criminals. The Minister is complaining that the people who should be kept out of Canada aren’t criminals and aren’t terrorists so there’s nothing he can do right now to keep people like Terry Jones out of Canada. When we start barring people from the country for what they might say, where have our freedoms gone?

 

 

Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.

Tags: Bill C-43 Border security denied entry to Canada Immigration Lawyer Michael Niren inadmissible to canada Jason Kenney kept out of Canada New Immigration Laws Terry Jones

About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the American Bar Association. He is frequently called upon to appear in the media to discuss Canadian and US immigration issues effecting North Americans. He has been interviewed by Canada AM, CTV, Canada News Net, the Globe and Mail and the Toronto Star and has given lectures on immigration topics overseas.

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