HANSARD: Speech and debate against Bill C-12

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Debates of Dec. 11th, 2025
House of Commons Hansard #72 of the 45th Parliament, 1st session

Bill C-12
Strengthening Canada's Immigration System and Borders Act
Government Orders

December 11th, 2025 / 10:35 a.m.

 


Jenny Kwan Vancouver East, BC
NDP

Mr. Speaker, I rise today to speak in the strongest possible terms against Bill C-12, a bill that represents not only poor public policy but a profound abandonment of Canada's legal obligations, humanitarian commitments and democratic safeguards.

The legislation is not an effort to strengthen our immigration system. It is not an attempt to improve processing, bolster safety or address affordability. Rather, it is the latest chapter in a troubling pattern: Liberals and Conservatives competing to see who can scapegoat migrants more harshly. It deflects blame for successive Liberal and Conservative governments' own long-standing failures in their housing policies and economic planning. It preys on the fears and insecurities of Canadians in the face of an affordability crisis through the politics of division. It codifies in law the stigmatizing narrative that treats refugees as security threats rather than human beings seeking protection.

Contained in Bill C-12 is a one-year bar on refugee claims. What does that mean? It means that anyone who entered Canada more than 12 months before filing a refugee claim becomes ineligible for the refugee protection process that has existed for decades. The bar is retroactive to June 24, 2020, based on the individual's first entry into Canada. That means someone's safety is based not on whether they have a valid refugee claim or a claim of persecution, or that their life is in danger, but on some arbitrary date.

Experts across the sector, like the Canadian Council for Refugees, women's organizations and more, have warned us of the consequences. The Canadian Bar Association's Immigration Law Section was unequivocal. It said this bill risks “exacerbating rather than alleviating existing problems”, undermines Canada's commitments to refugee protection, and erodes the checks and balances fundamental to our parliamentary democracy. It further noted that the retroactive nature of the one-year bar is “particularly offensive to the rule of law.”

Amnesty International's Julia Sande said this bill judges people on how and when they enter the country, factors that have nothing to do with whether they need protection. She warned that under this bill, even someone who first entered as a baby for a single day and who, decades later, faces persecution due to war, political violence, their gender identity or their sexual orientation would be denied the chance to have their claims heard. A date on a piece of paper could determine whether or not they can have safe harbour.

We have seen the harm caused by similar rules in the United States, where one-year deadlines have resulted in refugees being deported despite having a genuine fear of persecution. The United Nations High Commissioner for Refugees advised Canada against this approach as far back as 1999, reminding us that under international law, the passage of time does not alter our obligation of non-refoulement, our duty not to return people to danger. These are not theoretical concerns. They are lived realities.

In a Canadian Press story from October 31, we heard from Asya Medea, a trans woman from Turkey. She came to Canada in 2018 on a student visa. As conditions for LGBTQ2S+ people in Turkey rapidly deteriorated, she filed a refugee claim 18 months after her arrival, a claim that was accepted in 2020 because the threat to her life was real. Under Bill C-12, she would never have had that opportunity. She would have been barred from seeking protection simply because her claim came after 12 months. This bill would have sent her back into the hands of a state that was targeting her for who she is.

It is also clear that the one-year bar will disproportionately harm women, 2SLGBTQ+ people, survivors of gender-based violence and trafficked persons. The FCJ Refugee Centre explained that many survivors cannot file a claim within a year due to trauma, fear, coercion by abusive partners or complexities of escaping trafficking networks. Some have abusers who have already been deported back to the country of origin and are waiting for them. Under this bill, they would be stripped of the right to seek safety. They would be sent back into the hands of those who have threatened, harmed and exploited them.

The Canadian Civil Liberties Association made another critical point. The government's supposed justification for the one-year bar of deterring fraudulent claims is unfounded. Those intent on deception will simply file quickly. The people who will be excluded are those who delay filing because of trauma, confusion, language barriers or evolving circumstances. In practice, this bill punishes vulnerability and not fraud.

At committee, the NDP proposed specific amendments to protect survivors of gender-based violence, unaccompanied minors and individuals from moratorium countries. The Liberals, Bloc members and Conservatives all voted against them.

Bill C-12 also undermines due process, as it would deny individuals access to a full oral hearing before the refugee protection division. The Minister of Public Safety, a refugee himself, said to not worry and be happy because there are safeguards and guardrails in place. What are they? He cites the pre-removal risk assessment system, a process with one of the worst records in recognizing legitimate need for protection.

The NDP proposed amendments to maintain access to hearings. We proposed reducing the severity of the time limit, even though all arbitrary deadlines violate basic principles of refugee protection. Every one of our amendments was defeated.

Bill C-12 does not stop here. It also grants the government sweeping unprecedented powers to cancel immigration applications, suspend processing and revoke people's status en masse. These powers can be applied to entire classes of people without individualized assessment, without due process and without clear constraints. Families who have lived and work here for years could wake up one morning to learn that their pathway to permanent residence has simply been erased, not because of anything they did but because the minister granted themselves the authority to do so.

The Canadian Bar Association expressed “grave concerns about the vague and undefined language throughout the Bill”, describing the power as “overreaching”, “undemocratic” and specifically insulated from normal regulatory scrutiny. It warned that, once granted, these powers “will be impossible to control.”

Amnesty International reinforced this warning, noting that the bill opens the door to politically driven decisions capable of destabilizing lives, separating families and uprooting people who have built their entire future here. It cautions that this legislation risks violating international law, including the right to a fair and effective asylum procedure, the right not to be deported to danger and the prohibition on discrimination.

The NDP proposed two amendments to impose parliamentary safeguards so that any such order would require scrutiny, committee review, a tabled framework and statutory oversight. We also proposed defining “public interest” in a way that aligns with public safety, public health and genuine security concerns. These amendments were rejected by the Liberals, Conservatives and the Bloc. Instead, the Liberals adopted a sweeping and overly broad definition of “public interest”.

This bill reflects an immigration system where decisions can shift overnight and where people are denied hearings, appeals and due process, a system disturbingly reminiscent of the worst policies of Trump south of the border. The bill is not about system integrity. It is not about public safety. It is an attempt to appease Donald Trump and import a Trump-style agenda into Canadian law. It trades in fear, division, scapegoating and misinformation.

The remaining provisions of Bill C-12 that target refugees only compound the harm. The NDP proposed 13 amendments in total. None of them was accepted.

This bill would not strengthen Canada's borders. It would not make our communities safer. It would not build homes. It would not address affordability. It would not shorten immigration processing times. What it would do is push refugees, migrant workers, students, families and survivors deeper into precarity. It would ensure our neighbours live with the constant fear that their lives can collapse overnight. It punishes people who are trying to survive, people who deserve safety and who contribute daily to this country.

Let us do the right thing and vote against Bill C-12.

 


Kevin Lamoureux
Parliamentary Secretary to the Leader of the Government in the House of Commons
Liberal

Mr. Speaker, I would argue that the right thing to do is to recognize that things change over time and that situations allow us to modernize aspects of our immigration and refugee policy. This legislation fits that. It absolutely makes Canada stronger and secures our borders even more.

At the end of the day, we are talking about hundreds of thousands of people who are here under temporary visas. The member is implying, through her comments, that each and every person who comes to Canada under a temporary visa should be able to apply for refugee status. That might be great for lawyers, consultants and other types of advocates, but the reality is that we need to modernize the system.

Does the NDP member continue to support the idea that anyone who works in Canada, or visits, should be able to stay in Canada indefinitely?

 


Jenny Kwan Vancouver East, BC
NDP

Mr. Speaker, that is just nonsense.

Bill C-12 says to refugees that we will not listen to them, we will not hear them and we will not allow them to prove that their fear is real. It is cruelty dressed up as law, and this legislation has been cooked up in a haphazard way. Even at committee, critical experts like the Canadian Council for Refugees and women's organizations were not even invited. They were not witnesses at the committee who could share their concerns.

How does the government justify this? It cannot.

 

 


Brad Redekopp Saskatoon West, SK
Conservative

Mr. Speaker, I listened to the member's speech. She spoke quite a bit about the one-year ban on asylum claimants, and she cherry-picked a couple of stories. I am sure we can always think of somebody who has been badly affected by any of the legislation we have.

However, there are many cases of people abusing the system. Just today, I read that in her home province of British Columbia, there were 14 extortion suspects who, once they were charged with extortion, all mysteriously claimed asylum. All 14 of them claimed asylum. This is a classic example of what happens in our system with the way it is, the way it is open and loose. This is the part that we support closing, because it needs to be fixed.

How can the hon. member support all of these criminals, rather than regular, ordinary Canadians?

 

 


Jenny Kwan Vancouver East, BC
NDP

Mr. Speaker, that is such nonsense. The NDP is not supporting criminals. We are supporting due process. We are supporting people having the opportunity to submit applications.

Canada has a system that sets up the IRB, which is independent from government, as an independent process to assess claims. That is the issue. The member just cherry-picked an example that preys on fear and illustrates the scapegoating approach that the Liberals and Conservatives continue to embark on.

 


Martin Champoux Drummond, QC
Bloc

Mr. Speaker, my colleague from Vancouver East made her disdain for Bill C-12 clear. It goes without saying that I respect her opinion.

There are groups that claim this bill will not stand up in court. I would like to know what my colleague thinks of the possibility of certain parts of the bill being challenged in court. I would like to hear her opinion.

Does she think that is the case? Which parts are least likely to stand up in court?

 


Jenny Kwan Vancouver East, BC
NDP

Mr. Speaker, legal experts have actually expressed that opinion, so I encourage the member to read their opinions.

In fact, better still, I encourage the member to speak with them directly because they are the people who can tell him exactly what is wrong. I absolutely support their point of view. I do believe that this bill will be challenged in the courts, and I think the government is heading in the wrong direction. This is a Trump-style approach to immigration law, not an approach that Canadians want to see.

 


Harb Gill
Windsor West, ON
Conservative

Mr. Speaker, this is a question of fairness.

Is it fair to the Canadian public that we are now going to pay for these 14 asylum claimants that my friend referred to, for the next four years? They are going to have their education, housing and health care paid for. Is that fair to the Canadian taxpayer?

 


Jenny Kwan Vancouver East, BC
NDP

Mr. Speaker, that is also just complete nonsense.

If the Conservatives want to say Canada is now closing all doors to refugees, then they should have the courage to say so. Canada signed on to the 1951 convention and is supposedly abiding by international law that says we will not send individuals back to their country of origin to face danger. If you want to go down that road, then say so, do so and stop pretending otherwise.

 

An hon. member

Oh, oh!

 

 

 

 


The Assistant Deputy Speaker John Nater

Order. We will be sure to address our comments through the Chair.

The hon. member for Lac‑Saint‑Jean.

 

https://openparliament.ca/debates/2025/12/11/jenny-kwan-1/

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