Immigration

HANSARD: Order Questions on Hong Kong Pathway

CBC NEWS: U.S. border patrol reports record number of encounters with migrants at the Canadian border

Householder Summer 2024

FINA#147: Bill C-69 on Concerns Around Expanding Immigration Detention into Federal Prisons

Jenny Kwan Vancouver East, BC
NDP

Thank you very much, Mr. Chair. I will speak to it very briefly.

As I was indicating, on March 13, over 80 civil societies, settlement agencies and religious organizations wrote a strongly worded letter to the Prime Minister with their concerns around expanding immigration detention into federal prisons.

Earlier today, the provisions around setting up this format were passed, but with that being said, this amendment is an attempt by the NDP to at least try to put some parameters within that framework, to have “high risk” clearly defined in legislation rather than leaving it up to regulation and having it be defined behind closed doors.

To that end, Mr. Chair, that's what the amendment seeks to do. The definition of “high risk” is really meant to provide some limitations around what would be deemed as high risk in this instance.

Mr. Chair, I just want to highlight a couple of elements within that. I won't, of course, read the entire amendment into the record here.

Really, we attempted to put some parameters there as to the nature and level of danger to the public the person poses related to, for example, any conviction to do with sexual offences or an offence involving violence or weapons and for the same conviction outside of Canada. As well, there are provisions with regard to pending charges for these offences. Also, we wanted to put parameters around engagement with terrorism or gang activities and such.

Mr. Chair, I think these are some of the provisions for declaring what is deemed to be “high risk” in that context.

The other thing worth noting here is that we're also adding to this with an amendment around mental health; when considering these matters, the mental health aspect of the individual should also be taken into consideration. That's written within the amendment here.

Of course, there are some accountability measures related to it, which means that when someone is to be detained, there has to be some level of accountability with respect to written notice advising the individual as such and then, of course, allowing the individual to undertake representation if they seek to do so.

That's a quick summary of where it is at in terms of trying to put these parameters in place.

Click to read the full discussion from the Committee meeting

Hill Times: ‘Structural solutions not inflammatory conclusions’ required to fix foreign worker program: Senator Omidvar

NDP MP Jenny Kwan (Vancouver East, B.C.), her party’s immigration critic, said the UN report should come as no surprise to the government, as it echoes “what migrant workers and labour advocates have been saying for a very long time.”

NDP MP Jenny Kwan says the power imbalance that leads to abuse is structural to the temporary foreign worker program, not just its low-wage stream. The Hill Times photograph by Andrew Meade
“The way the program is set up exposes workers to exploitation and abuse because they’re reliant on their employer to retain their status in Canada,” Kwan explained. “If they face abuse and exploitation and complain about it, they stand to lose their job, and—in the worst-case scenario—they stand to be deported back to their country of origin.”

Kwan said the government has taken a “haphazard approach” to addressing problems with the TFWP to date, focused almost solely on the low-wage stream, but—while misuse of that stream is “particularly deplorable”—she said the root of the problem is structural to the entire program.

“The government has to address the main structural issue, and that is the power imbalance that exists between the temporary foreign worker and the employer,” Kwan said. “The only way to do that is to ensure that the temporary foreign workers actually have landed status on arrival, then they are not dependent on the employer, and would not have to suffer potential abuses and exploitation.”

“It doesn’t matter what stream it is, all the temporary foreign workers programs subject migrant workers to potential exploitation because of that power imbalance,” Kwan said, adding, though, that the NDP supports calls to end the program’s low-wage stream.

While the government and groups like the Canadian Chamber of Commerce may reject the UN rapporteur’s characterization of the program, the recent Senate report found similar abuses within the program.

CBC NEWS: 'Disgusted' immigration minister looking into revoking citizenship of Toronto terror suspect

 

"People are rightfully furious and deeply concerned to learn that a man allegedly linked to a terrorist group and heinous terrorist acts was given Canadian citizenship by the Liberal government," she said in a statement.

"This alarming failure only adds to the concerns that Canadians already have about Canada's public safety and immigration system."

On Tuesday, a parliamentary committee agreed to investigate the case amid questions about the immigration screening process for both men.

The committee hearings, set to begin later this month, will likely zero in on Canada's immigration process, its security screening capacity and how security officials handle domestic threats.

Hill Times NEWS: Foreign interference bill passes, but online harms and citizenship bills left on hold until House comes back

NDP MP Jenny Kwan (Vancouver East, B.C.), her party’s critic for immigration, refugees and citizenship, told The Hill Times that she is frustrated with needing to wait longer for progress on Bill C-71.

“The issue around lost Canadians has been going on for literally decades. People have lost their status, families have been separated, some have been rendered stateless. It’s created significant, undue hardship for Canadian families, and this is primarily as a result of Canada’s archaic immigration citizenship laws,” said Kwan. “The Liberals, time and again, they say one thing and then they do another, and this is yet another example of them dragging their heels in fixing the lost Canadian issue.”

Kwan attempted to put forward a unanimous consent motion in the House on June 10 and on June 11 to urge parties to expedite passage of Bill C-71, but the motions did not receive unanimous consent.

“On the second occasion, I barely uttered my words before the Conservatives said, ‘No,’” said Kwan. “[Passing Bill C-71] is the right thing to do not only morally, but legally. It needed to be done and it should have been done.”

 

Globe NEWS: Employer fines for abuse of temporary foreign worker program rose by more than a third last year

The NDP has warned that closed work permits can make migrants tied to a single employer vulnerable to abuse.

“These migrant workers are often underpaid and their immigration status is tied to their employer through a closed work permit, making it virtually impossible for them to change employment or exercise their rights,” immigration critic Jenny Kwan said in an e-mail, calling for them to be given permanent status.

“Their precarious status immigration status lead to severe power imbalances, abuse and a fear to speak out.”

 

CTV News: New Canadian citizenship rules for those born abroad could be delayed until December

NDP immigration critic Jenny Kwan helped draft the bill alongside the Liberals. She attempted to push it through by asking for unanimous consent from MPs, but Conservatives voted against it twice.

"I've talked to family members who've been separated from their loved ones because of this unjust law that Conservatives brought in 15 years ago," the Vancouver East NDP MP said last month. "I've talked to family members where their children are deemed stateless, lost in the system, because of this unjust, punitive, unconstitutional law."

If the federal government is not given another court extension before Bill C-71 passes, it may be up to the immigration minister himself to decide individual citizenship cases.

"If it doesn't come through we're sort of in no man's land," Miller said before Wednesday's court extension. "Basically, it's my discretion deciding who's Canadian or not. Obviously, that shouldn't be up to the discretion of a minister."

Anyone affected by the 2009 change will be able to apply online for a Canadian citizenship certificate. The government also has a digital tool that can help you find out if you are Canadian.

CBC: Court grants government another extension to fix unconstitutional citizenship law

So-called "lost Canadians" will have to wait longer to obtain their right to citizenship now that a court has granted the federal government more time to fix legislation it ruled was unconstitutional.

The courts initially gave the federal government until today to replace legislation that prevents Canadians born abroad from passing on their citizenship to children also born abroad.

In May, the Liberals introduced Bill C-71, which introduced sweeping changes to Canada's citizenship laws. The government says the legislation addresses the concerns of the court.

But the Liberals did not get the bill through the House of Commons before it rose for the summer on Wednesday. MPs will not return to the Commons until mid-September.