We live in a time of rising global uncertainty. It is more important than ever that the Canadian immigration system can respond to arising global crises in an expedient and flexible manner. Alarmingly, this is not the case.

Even before major global refugee crises such as the Afghanistan, and Ukrainian crises, IRCC has been struggling with massive backlogs in all the immigration streams. Delayed immigration application is the most common request for assistance at my office, with some applications delayed for years! Behind the delayed applications are separated families, missed opportunities, and in some cases, immigration is a life-and-death situation for people who need to leave dangerous situations.

To start, IRCC should stop the practice of returning applications when there are minor mistakes and missing information and documents that can be easily provided by applicants. IRCC must also end oppressive immigration policies such as the inhumane cap on parent/grandparents’ sponsorship applications, closed work permits for migrant workers, and the unfair treatment of caregivers and domestic workers.

Lack of resources for IRCC is the major root cause of delayed applications. I will continue to advocate for adequate resources for IRCC to process applications in consistently reasonable timeframes and for immigration policies that are more just.

Since Bill C-2’s introduction, vocal critics of the legislation in the House have included NDP MP Jenny Kwan (Vancouver East, B.C.), her party’s critic for public safety, immigration, and citizenship. On June 11, Kwan told the House that the “so-called stronger borders act makes Harper’s Bill C-51 look like child’s play.”

“Bill C-2 is a sweeping attack on Canadian civil liberties. It would allow the RCMP and CSIS to make information demands from internet providers, banks, doctors, landlords and even therapists, without judicial oversight. This is not about border security. It is about government overreach and Big Brother tactics, plain and simple. It is a violation of our privacy, and it will be challenged in court,” she said in the House.

In response to Kwan, Anandasangaree defended the bill, saying the Strong Borders Act would help keep Canadians safe.

 

The government’s inclusion of warrantless information demand powers in Bill C-2 may make this the most dangerous lawful access proposal yet, exceeding even the 2010 bill led by Conservative Public Safety Minister Vic Toews. The initial concern regarding the bill’s warrantless disclosure demand unsurprisingly focused on whether the proposal was consistent with Supreme Court of Canada jurisprudence upholding the reasonable expectation of privacy in basic subscriber information (there is a strong argument it is not). The application of this new power was generally framed as a matter for telecom and Internet companies, given that companies such as Bell, Rogers, and Telus are typically the focal point for law enforcement seeking information on subscriber activity. However, it has become increasingly apparent that this is an overly restrictive reading of the provision. The Bill C-2 information demand power doesn’t just target telecom providers. It targets everyone who provides services with the prospect of near limitless targets for warrantless disclosure demands.

The bill would give CSIS and the police, or a “public officer,” the power to demand the basic information without a warrant if there are reasonable grounds to suspect that a crime could be committed, or that any breach of a law passed by Parliament may take place. A draft form for making the information demand says to help with the investigation of an offence, the information must be provided “as soon as possible.”

The bill would gag the provider from saying they had received such a demand.

“With these powers, any official tasked with enforcing a federal law could go to the company you rented a car from or the hotel you stayed at and paint a detailed picture of your activities simply by confirming the various companies you interacted with,” said Tamir Israel, director of the Canadian Civil Liberties Association’s privacy, surveillance and technologies program.

“Even health providers could face secret demands and would need to hire a lawyer and challenge these in court within five days of receiving them if they wished to avoid revealing that you are their client.”

NDP MP Jenny Kwan, the party’s public safety and immigration critic, called the bill a step toward a surveillance state. “This could allow police to approach any doctor or service provider to find out what other services someone is using—without a warrant,” she said. “Even landlords could be compelled to disclose private information.”

Kwan also criticized the government’s lack of transparency, noting that no Charter analysis has been published for Bill C-2—despite being standard practice since the last election. “Canadians who voted for Mark Carney never signed up for this,” she added.

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