Canadian Immigration Minister Seeks Input on Improving “Negative Discretion” Criteria

Citizenship and Immigration Minister Jason Kenney said he will seek the input of MPs of all parties to define the negative discretion powers that the Faster Removal of Foreign Criminals Act grants the Immigration Department

Immigration Minister Jason Kenney said he would like advice from members of all parties on clarifying the negative discretionary powers of Bill C-43, the Faster Removal of Foreign Criminals Act, to prevent it from being used to bar foreigners simply for having unpopular views, while still giving the government the power to bar those who would likely promote hate or violence in the country.

The current version of Bill C-43 would give the Minister of Citizenship and Immigration the discretion to bar from Canada foreigners who have not been found inadmissible to visit Canada due to security, human or international rights violations, or organized criminality, based on public policy considerations.

Kenney said that he would like input on exactly what criteria will be used to determine whether a foreigner will be barred, so that the bill does not grant the Department of Citizenship and Immigration broad powers.

“We’re not looking at some broad, generalized power to prevent the admission of people to Canada whose political opinions we disagree with but rather those whose hateful attitudes, if given expression in Canada, could potentially lead to hateful actions or violence,” he said.

He said he will seek advice from other MPs on how exactly to “strike the right balance” in Bill C-43 between the dual goals of giving immigration authorities the discretion necessary to bar entry to promoters of hate or violence and defining and limiting the discretionary powers of the Immigration department to prevent it from being used inappropriately:

“I’m, quite frankly, going to ask all the members from all the parties at the immigration committee to give me their best advice on how to strike the right balance.”

The Faster Removal of Foreign Criminals Act, introduced by Kenney in June, passed its first reading and was referred to the Standing Committee on Citizenship and Immigration on Tuesday in parliament by a vote of 252 to 31.

Do Muslim Immigrants Really Threaten the West?

VANCOUVER, BC, Oct. 14, 2012 – There has been no shortage of books about Muslims since September 11, 2001. Many of them have warned that recent waves of immigration have already turned countries such as France and Britain into “Eurabia.”

Eva Sajoo

Eva Sajoo - Guest Columnist for CICS News and Research Associate with the Centre for the Comparative Study of Muslim Societies and Cultures at Simon Fraser University in Vancouver - Follow Eva on Twitter @esajoo

On this side of the Atlantic, such migration is said to represent “medieval authoritarianism that has no place in the democratic American environment.” Others have alleged that the migrants’ religion directs them “to treat Christians as servants and permits (them) to violate Christian women.”

The first quote is from Paul Blanshard on Catholic immigrants in 1949, and the second from German August Rohling on Jewish ones in the late 19th century.

In his concise new book, The Myth of the Muslim Tide, journalist Doug Saunders of the Globe and Mail addresses the prevailing fear about visibly Muslim immigrants. The author of the award winning book Arrival City, Saunders has studied migration and marginalised populations before. He puts the influx of Muslim immigration in the context of previous waves of newcomers.

What is striking is how unoriginal most of the anti-Muslim writing is. Every large and visibly different group of migrants has been given much the same reception. Take, for example, the comment of Canadian commissioner for overseas immigration, Laval Fortier. He wrote that the Italian “is not the type we are looking for in Canada. His standard of living, his way of life, even his civilisation seems so different that I doubt if he could even become an asset to our country.” Most Canadians today would be astonished by this claim, but in the wake of World War II Italians were seen as lazy, prone to crime and authoritarianism, and Catholic.

Catholics, like Jews and Eastern Europeans generally, were seen as outside the boundaries of “our civilisation”, feared as disloyal, and a potentially undermining influence. This attitude was satirised by Canadian poet Earle Birney in his “Anglosaxon Street”, where he writes “Here is a ghetto gotten for goyim/ O with care denuded of nigger and kike”.

The successful integration of Catholic Europeans, Jews, and more recently South Asians, all of whom formerly huddled in ethnic neighborhoods under a cloud of suspicion, is ignored by our current alarmists. Authors like Mark Steyn, Niall Ferguson, Pamela Gellar, and Bat Ye’or warn that western civilisation is about to be submerged by a tide of Muslims seeking to Islamise us all.

Saunders systematically deals with each claim, providing clear documentation and hard data. Will a fast growing Muslim population soon be a majority in Europe? According to a comprehensive Pew Study, they will comprise a maximum of 8 per cent of the population by 2030. Temporarily higher birth rates among new immigrants swiftly fall to match those of the mainstream population.

Are Muslims in the west alienated and angry? Quite the contrary. In fact, they routinely score higher than mainstream populations on surveys measuring national pride and identification. Fully 83 per cent of British Muslims are proud to be citizens, compared to 79 per cent of non-Muslims. Approval of democratic institutions in France is at 69 per cent among Muslims, and 58 per cent generally.

A dominant fear is that Muslim arrivals are inevitably linked to the risk of terrorism. In fact, across Europe in 2010 there were 249 terrorist attacks – three of them linked to Islamic ideology. The rest were carried out by separatists, anarchists, and others, none of them Muslim.

Despite the fact that these and many other claims about Muslim immigrants are unsupported by facts, Islamophobia has infiltrated politics on both sides of the Atlantic. A member of Arkansas’ House of Representatives, John Fuqua, was recently heard to remark that “I see no solution to the Muslim problem short of expelling all followers of the religion.” The prevailing suspicion has also allowed a frightening erosion of legal protections for civil liberties, so that Muslim men like Adnan Latif have died in their cells after years of imprisonment without charge in Guantanamo Bay.

Meanwhile, in 2012 alone, mosques have been vandalised in Gatineau, Winnipeg, and Charlottetown, and veiled Muslim women attacked in Kingston, Ontario and New Glasgow, Nova Scotia. This is a disturbing but unsurprising result of the belief that Muslims are a threat because of their religion.

The Myth of the Muslim Tide is a tightly documented demolition of the hysterical anti-Muslim polemics that have become so common. Doug Saunders reminds us of the forgotten history we seemed determined to repeat.

Eva Sajoo is a Research Associate with the Centre for the Comparative Study of Muslim Societies and Cultures at Simon Fraser University in Vancouver. She has a graduate degree in International Development and Education from the University of London. Her published academic writing focuses on the rights of women and minorities. She has contributed widely to publications on Islam and the Muslim world. Eva has taught at the University of British Columbia, and the Beijing University of Science and Technology. She currently teaches at SFU.

Canadian Immigration Provides Instructions for FSW Backlog Wipe-out Fee Refund

The return of application fees to those affected by the wipe-out of the pre-February 27 2008 FSW backlog will be processed by CIC

Citizenship and Immigration Canada (CIC) issued a notice on Friday instructing those affected by the wipe-out of the pre-February 27, 2008 Federal Skilled Worker (FSW) application backlog to submit a form informing the department of their current address in order to have their fee return processed.

Approximately 280,000 FSW applications filed before the Feb. 27th 2008 were wiped out with the enactment of Bill C-38 on June 29, 2012, with the federal government committing to return the application fees paid by those affected.

Friday’s notice asks those whose FSW applications were likely affected by the new law to submit a completed RETURN OF PROCESSING FEE, RIGHT OF PERMANENT RESIDENCE FEE OR RIGHT OF LANDING FEE form to CIC.

The first contingent of applicants to have their fees returned will be those who had contacted CIC to enquire about their fee refund before Friday’s notice. The next group to be refunded will be those who update CIC about their current address by submitting the above linked form. Finally, CIC will contact the remaining applicants and attempt to verify their current mailing address before processing their fee return.

A New Microloan Program For Immigrants Launched in Manitoba

HRSDC Minister Diane Finley at a press conference announcing the microloan pilot (HRSDCanada)

A new Manitoba pilot, launched on Friday, will offer low interest loans of up to $10,000 to recent immigrants who are enrolled in training and career development programs. Recipients will be given five years to repay the microloans, and can use the money for living expenses, educational fees, fees related to licensing, and tools, equipment and work clothes.

The Manitoba government is contributing $250,000, while Human Resources and Skills Development Canada (HRSDC), through its foreign credential recognition loans pilot, is providing $1.2 million for the initiative. The two year pilot, called Recognition Counts! Micro Loans for Skilled Immigrants, will be administered by Supporting Employment and Economic Development (SEED) Winnipeg, a non-profit agency with a mission to increase economic development in low-income communities.

The goal of the program is to help immigrants get the qualifications and licensing necessary to work in their vocation in Canada. One of the first program enrollees is Dr. Esam Beshay, a dentist from Egypt who will use the loan to complete the process for getting a license to practice dentistry in Canada.

The microloan program is similar to the Immigrant Access Fund, a program funded jointly by the provincial government of Saskatchewan and HRSDC’s foreign credential recognition loans pilot to provide microloans to recent immigrants for education and training programs.

Release of Convicted Fraudster Highlights Serious Problems with Canada’s Refugee System

A photo of Gyula Kolompar released by the Coquitlam RCMP in a March 2012 news release seeking help from the public in locating him

According to a CBC report, the Immigration Division (ID) of the Immigration and Refugee Board (IRB) released Gyula Kolompar, a refugee facing deportation, from federal custody on Tuesday, despite his conviction last week on six counts of fraud, 12 counts of fraud over $5000, and one count of mail theft, for his role in a mail theft and bank fraud operation that netted him, his wife, his son, and allegedly his brother, $345,000 in stolen funds.

His wife and son were found guilty last week as well, while his brother is still in custody.

Canada Border Services Agency (CBSA) hearing officer Kevin Boothroyd argued that Kolompar should be held in custody until his admissibility hearing, scheduled for November 7th, as he fled BC for Ontario when the police issued a warrant for his arrest for the fraud operation and is unlikely to show up for next month’s hearing.

Kolompar’s lawyer countered that his client went on public assistance in Ontario, and that this shows that he made no effort to hide from authorities, and that he was not aware of the outstanding warrant for his arrest.

ID member Leeann King agreed with the defense, saying the federal government failed to show that Kolompar is likely to not appear at next month’s hearing. She told Kolompar, “I have no evidence of you being aware of warrants and trying to flee.”

According to evidence presented in the fraud case against Kolompar, the mail theft operation involved 30 Hungarian nationals coming to Canada as refugee claimants, opening bank accounts, giving their bank cards to Kolompar family members, and then returning to Hungary.

Gyula Kolompar, his wife Katalin Kolompar and his son, Gyula Kolompar Jr., then deposited 267 stolen cheques into the 30 accounts over a course of three years, defrauding four banks of approximately $345,000.

Seeking Deportation

The federal government is seeking to deport Kolompar from Canada for his involvement in an organized crime group. He has a long record of criminality in the country, which started soon after his arrival in Canada as a refugee claimant in 2000.

He was accepted as a refugee in 2004, but lost his bid for permanent residence in 2009 due to a 2005 conviction of being in possession of stolen property.

The sophistication and scale of the Kolompar family criminal operation, involving over 30 foreign nationals all entering Canada through the refugee claim system, shows the inadequacies of the refugee program in preventing abuse by disingenuous claimants, quickly filing deportation orders for criminals, and effectively enforcing those orders.

A Canada Border Services Agency (CBSA) director testified to the Federal Standing Committee on Public Safety and National Security in February that 80 percent of the approximately 44,000 outstanding warrants in Canada are for individuals who got into the country through a refugee claim and are evading deportation orders after having their claim rejected.

Correction and Clarification Oct. 12, 2012

An earlier version of the story incorrectly referred to Kevin Boothroyd as a Citizenship and Immigration Canada officer rather than a Canada Border Services Agency hearing officer. It also did not specify that the detention review was conducted by the Immigration Division of the Immigration and Refugee Board, stating only that it was done by the Immigration and Refugee Board.

Canadian Immigration Minister on Irish TV on Expansion of Working Holiday Program

Citizenship and Immigration Minister Jason Kenney appeared on Ireland’s Late Late Show last Friday to discuss the coming expansion of the International Experience Canada program for Irish citizens, through which the number of working holiday visas available will be increased to 10,000 per year:

Several Irish audience members, the majority of them in their 20s, spoke of their plans to work in Canada and the general interest among Ireland’s youth to visit and live in Canada.

Minister Kenney said that Canada is an attractive destination for Irish nationals because it has the strongest economy in the G8 and holds many opportunities for workers. He spoke of the labour shortage in the country, and mentioned that there were over 50 Canadian companies in Dublin for the Working Abroad Expo, looking to fill over 3,000 positions.

Kenney said there were positions available in construction, the trades, engineering, services, video game production and software development.

Canada On Verge of Expansion of Undersea Territory

The brown line marks Canada's Exclusive Economic Zone (EEZ), which is an area of continental shelf 200 nautical miles (nm) from a country's coastline over which it has sovereign rights. The green line is an estimate, made in the mid-1990s, of the outer limit of Canada's extended continental shelf. Substantial data collected about the sea floor off of Canada's coasts as part of Canada's Extended Continental Shelf Program have largely confirmed the initial estimates. (Polar Commission of Canada)

The Canadian government is near completion on its application to a UN commission to claim its extended continental shelf, and it holds the potential to expand the country’s ownership over seabed territory by up to 1.75 million square kilometres.

The government must submit the application, which according to the geologist in charge of the project, Dr. Jacob Verhoef, is thousands of pages long and includes 25 scientific reports, before the December 2013 deadline.

The UN Commission on the Limits of the Continental Shelf (CLCS), an expert body established by the United Nations Convention on the Law of the Sea (UNCLOS), will evaluate Canada’s application and render its binding recommendation on the outer limits of Canada’s extended continental shelf.

Canada ratified the UNCLOS treaty in 2003, which grants signatory countries ten years to provide a scientifically defensible submission to the CLCS on the outer limits of their extended continental shelf.

Valuable energy and mineral resources under the seabed are expected to become available to Canada with the expansion of its undersea territory.

Immigration Canada to Double Working Holiday Visa Quota for Ireland

Canadian Citizenship and Immigration Minister Jason Kenney and Irish Minister for Foreign Affairs Eamon Gilmore announcing the expansion of the Canada-Ireland International Experience Canada (IEC) program (Citizenship and Immigration Canada)

Citizenship and Immigration Canada announced yesterday that the working holiday visa quota for Irish youth will be nearly doubled, to 10,000 spaces by the beginning of 2014.

Yesterday’s announcement, made during Citizenship and Immigration Minister Jason Kenney’s visit to Dublin, Ireland, comes just two days after news emerged that the length of working holiday visas for British citizens would be extended to two years from the current one.

Mr. Kenney is in Ireland to promote Canada as a destination for Irish talent, many of whom are seeking foreign employment opportunities in the midst of their country’s economic problems.

He is scheduled to visit Dublin’s Working Abroad Expo recruitment fair this weekend, where over 70 delegations from Australia, New Zealand Canada, and the Middle East are holding exhibitions to promote job opportunities for Irish people in their respective companies and countries.

Canada has a reciprocal working holiday agreement with Ireland which allows Canadian and Irish citizens to temporarily live in each other’s countries for a ‘working holiday’, during which they are permitted to work to fund their stay.

The Canadian working holiday visa is referred to as an International Experience Canada (IEC) work permit, and is available to Irish passport holders aged 18-35.

Currently, Irish youth can apply twice for the IEC work permit for 12 months each time. Kenney announced yesterday that at the beginning of 2013, Irish youth will be eligible to apply just once, but will be able to stay two years.

The change is intended to eliminate the inconvenience of Irish citizens who are working in Canada under the IEC program, being required to return to Ireland before the expiration of their first IEC work permit in order to apply for a second one.

Expert Roundtable Submits Report on Immigration to Ontario Government

Julia Deans, chair of the 13-member roundtable on immigration strategy, presenting the panel's report to Ontario Minister of Citizenship and Immigration Charles Sousa (Government of Ontario)

A 13-member expert roundtable, appointed seven months ago by the government of Ontario to advise the province on the development of a provincial immigration strategy, submitted its report yesterday, and it includes 32 recommendations for the province.

The key recommendations of the report are:

    • Aiming to increase the proportion of economic class immigrants, meaning those who immigrate through skilled worker and business immigration programs, to 65-70 percent. The report notes that the percentage of economic class immigrants has fallen from over 64 percent in 2001, to 52 percent today, while the proportion of family and refugee class immigrants has increased. Immigrants in the latter categories are more likely to face problems integrating into Ontario’s labour market than economic class immigrants.
    • Increasing Ontario’s total immigration levels to 135,000 people a year, or one percent of Ontario’s population, to alleviate the decline in the province’s working-age population, which the roundtable expects will put pressure on the provincial government’s budget.
    • Shifting the focus of immigration selection to human capital and away from immediate labour needs, due to evidence showing that an immigrant’s level of human capital, meaning their skills, education and language proficiency, is the best predictor of earnings growth and employability.
    • Ontario continuing to rely on the Federal Skilled Worker Program (FSWP) as the main source of economic immigration to the province, and recommending that the federal government eliminate the Federal Skilled Worker Class’ priority occupations list.
    • Recommending that the federal government delegate immigration selection for the purposes of responding to specific occupational shortages to Provincial Nominee Programs (PNP) run by provinces. In line with this recommendation, encouraging the federal government to increase the quota for Ontario’s PNP from current 1,000 to 5,000 people per year.
    • Reducing the amount of low-skilled temporary foreign workers that it allows in the province for extended periods, as it depresses wages by giving Canadian employers a below-market wage alternative to hiring Canadians.
    • Shifting the focus of the temporary foreign worker program to bringing in high skilled and skilled trades workers on a temporary basis to fill immediate skills and labour shortages, rather than to provide low-wage labour to businesses for extended periods.
    • The province working with the federal government in designing the Expression of Interest (EOI) model of immigration which the federal government has recently announced that it intends to implement. This model, which is currently in use in New Zealand, adds a preliminary application phase whereby those seeking to immigrate to Canada submit an EOI that contains their personal information to the Canadian government, and immigration authorities invite the most promising EOI applicants to submit a full application along with proof of qualifications.
    • To enable the government of Ontario to play a bigger role in immigration selection, codifying the province’s immigration strategy and regulations through legislation. The report suggests that a provincial governing framework for immigration might become a prerequisite for the the federal government agreeing to allow provinces to have a bigger role in the immigration selection process.

The report is likely to be influential because of Ontario’s importance to Canada, as the country’s most populous province and the destination of over 35 percent of Canada’s immigrants.

Canadian Immigration Minister Suggests Popular ‘Working Holiday Visa’ to be Extended to Two Years, to Visit London Next Week

Graduates of British post-secondary institutions like University College London are struggling to find jobs in the UK's stagnant economy, and the Canadian immigration ministry wants them to consider immigrating to Canada to fill the country's labour shortages.

Canadian Citizenship and Immigration Minister Jason Kenney will visit London next week in order to promote Canada as a destination for educated young Britons struggling in the UK’s job market.

In an interview with the British newspaper, the Telegraph, Kenney said that Canada wants to compete with Australia for young skilled British expats. He is scheduled to meet UK Immigration Minister Mark Harper during his London visit to market the economic opportunities that exist for young Britons in Canada.

In the interview, he said that to attract young expats, the length of time foreign workers need to work in Canada to qualify for permanent residence is being reduced from 24 months to one year, a reference to coming changes to the Canadian Experience Class immigration program.

Kenney also said that the length of time young foreign workers, aged 18-35, can stay in Canada on temporary work permits will be doubled to two years from the current one.

The International Experience Canada (IEC) program, under which 18-35 year non-Canadians from qualifying countries can receive one year Canadian work permits, or ‘working holiday visas’, is the only Canadian immigration program targeting the 18-35 demographic, so Kenney was apparently referring to the work permits issued under this program being extended to two years.

The purpose of the IEC program is to allow young visitors to Canada to work during their extended holiday, for the purpose of funding their stay in Canada. Canada has reciprocal working holiday agreements with most developed countries, including Australia, the UK, Denmark, France, Germany, Hong Kong, Ireland and Japan.