Canadian Refugee reform on its way to being law: Kenney

We have written about the proposed refugee reforms and our concerns about them here

Below is an update on further developments:

On Tuesday, Citizenship, Immigration and Multiculturalism Minister Jason Kenney announced that his proposed overhaul of the Canadian refugee system could very well become law within one month, depending on whether the Liberal Party would support the Conservative law.

Sources had told the Globe and Mail that the Liberal Leader Michael Ignatieff and the Liberal immigration critic Maurizio Bevilacqua were planning on endorsing the bill, which they will discuss Wednesday in Parliament. Amendments by the Liberal party are expected to be added to the bill.

These changes include the goal of processing claims within 15 days as opposed to the originally proposed eight days, as well as having the case heard by an Immigration Review Board within 90 days, as opposed to the originally proposed 60 days.

While the Liberal government has slightly increased the deadlines put forth by Minister Kenney, it is still a very short time span for the refugee to state their case for asylum and explain why they can’t go back to their home country, where they could be facing torture or death.

Chair of the Ontario-based Refugee Lawyer’s Association also told the Globe and Mail that “it’s the most vulnerable of claimants who will be hurt by this. (Imagine) survivors of torture having to tell their story in that fifteen-day period to a government official.”

The RLA also released a press release at the end of March expressing their concern over the reform to the Immigration and Refugee Protection Act, or Bill C-11 as it is also known. While the immense delays and backlogs needs to be cleared up, if the Bill is passed this fast-tracking will come at the expense of the rights of the refugees for whom it may be a life or death situation.

Also, access to justice for those from selected countries will be unavailable because of the “safe country” list. Civil servants will also be at the helm of the appeal process for the refugees, and civil servants may not have the proper credentials or impartialness to render a fair decision.

While the process will become more organized and streamlined, those refugees who are fleeing from countries where they are persecuted, face death or are tortured can reasonably be expected to be less organized and need more time to put together their case, otherwise their one shot at receiving compassion that Canada is known for will be wasted.

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: "safe country" list Bill C-11 Liberal Leader Michael Ignatieff Maurizio Bevilacqua refugee reform

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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