Powers of detention

>> Immigration Bill C-11 doesn't float everyone's boat

by NOEMI LOPINTO

On February 21, 2001, the Minister of Citizenship and Immigration, Elinor Caplan, tabled the new Immigration and Refugee Protection Act in the House of Commons, Bill C-11. The new act creates an "in-Canada" landing class for temporary workers and foreign students, requires warrants to arrest refugees and permanent residents, and incorporates oral appeal hearings for people facing a loss of permanent resident status. However, much to the consternation of refugee advocates Bill C-11 also introduces severe penalties for smugglers and traffickers--fines of up to $1-million and life in prison--expands powers of detention, broadens inadmissibility provisions, and gives more discretionary powers to immigration officers.

On May 4th, a commission representing the Minister will be in Montreal to hear the responses of a few selected advocacy groups. According to Gitanjali Lena, media coordinator for the Canadian Council of Refugees (CCR), the community consultation gesture is just to keep up appearances. "The process is insincere," says Lena. "Each organization gets only five minutes to make their presentation on a 100-page bill. This is a resurrection of the same overall restrictive policies that do not respect the rights of immigrants and refugees."

The bill has received criticism from Canadian Bar Association and the UN High Commissioner for Refugees. The CCR fears expanded powers of detention will give greater discretion to Immigration officials to forcibly detain refugees and immigrants. Under the new bill, people helping family members flee persecution may be denied access to a refugee hearing, without access to an appeal. Lena believes the new categories for organized criminality punish the many for the sake of the few. "I would say the system abuses many more," says Lena. "These are people seeking asylum from war, civil conflict, political strife and gross human rights abuses. This is not legislation that will protect rights or broaden the protection we offer."

Derik Hodgson, press secretary for Minister Caplan, says voters wanted tougher legislation. "Canadians don't want our sanctuary to be abused by foreign gangs, smugglers or drug traffickers," says Hodgson. "There are lone criminals who would come in and use the system, organized gangs that would try to take advantage of it. The legislation is meant to arrest that. Once they are part of the system it is very difficult to get them out of here."

Canada accepts between 20,000 and 30,000 refugees and other displaced persons a year. Roughly half of these refugees are selected abroad for resettlement in Canada; the others are successful refugee claimants who arrived in Canada seeking protection and had their claims accepted by the Immigration and Refugee Board. The Minister has announced plans to land up to 235,000 immigrants by 2002.

Once claim for asylum is accepted, a claimant applies for permanent resident status (also known as "landing"). This should be done within 180 days. Marie-Thérèse (not her real name), 26, is still waiting for permanent status. She came here two years ago from the Democratic Republic of Congo. "I was exceptionally lucky," she says, "because my work against the Congolese government was known internationally. I had been threatened by my government and was able to claim asylum." Marie-Thérèse lived in shelters for nine months, unable to work or travel before her refugee claim was accepted. "From a psychological standpoint it is a very difficult situation. My sister was arrested after I left--it is very hard to get news. I found protection and some understanding here, but the welcome is a restricted one."