Immigration

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.

HANSARD: Speech and Debate Opposing Bill C-12

Click below to read the Hansard of the debate

National Post: NDP MP calls for probe into statement banning Irish hip-hop trio Kneecap

In her letter, Kwan, who is not a member of the committee because the federal NDP lacks official party status, said the incident “raises very serious questions about procedural fairness” and a potential misuse of authority.

Kwan said the announcement raises questions about the “discretion” that can be exercised by a minister or parliamentary secretary when it comes to cases involving performing artists, as well as the criteria the immigration department uses to deny entry to Canada, when no criminal record is present.

She wrote that the incident also touches on issues surrounding how such announcements can be made, as well as “the need to ensure that discretionary decisions respect the Charter of Rights and Freedoms and Canada’s international obligations, particularly regarding freedom of artistic expression.”

“To that end, I respectfully urge the committee to look into this matter,” Kwan wrote.

“Ministerial accountability includes the role of parliamentary secretary. It is critical that Canadians and the international community are reassured due process is safeguarded, so that public trust in the fairness and integrity of our immigration and cultural exchange policies is (reassured,)” her letter read.

Kwan said looking into the matter would also provide clarity to Canadians who bought tickets to see the band play in Toronto and Vancouver.

Click link to read the news story - https://nationalpost.com/news/politics/ndp-mp-calls-for-probe-into-statement-banning-irish-hip-hop-trio-kneecap

Media Release: Response to Prime Minister Carney’s Statement on Public Safety

MP Jenny Kwan’s Response to Prime Minister Carney’s Statement on Public Safety

The NDP wants a fair and balanced system that ensures public safety, due process and protects the civil liberties of Canadians. The Carney government’s introduction of Bills C-2 and C-12 are deeply flawed attempts to rebrand executive overreach as ‘border reform’ to appease Trump. These bills would strip away due process for refugee claimants, hand sweeping cancellation powers to the minister, and quietly expand surveillance and data-sharing authorities with minimal oversight. Canada should not let Trump shape our future. Canada’s immigration and privacy systems are being rewritten in ways that undermine fairness, transparency, and fundamental rights. While some of the most extreme elements were watered down in C-12, the core problems remain: too much power in the hands of cabinet, too few safeguards for vulnerable people, and virtually no accountability.

The hiring of 1,000 CBSA officers is a re-announcement that is long overdue. In 2012, the Conservative government, with Pierre Poilievre in cabinet, cut 1,100 border officers in one day, leaving Canada more vulnerable to illegal guns and drugs crossing into Canada. The Liberals have been in government for 10 years and they have failed to act.

The Customs Immigration Union (CIU), representing our CBSA officers, estimates that we currently lack as many as 3,000 border officers across the country. This means that border crossings are consistently operating with reduced staff who just do not have the time, means or support to effectively search for illegal firearms, contraband, stolen vehicles and work with asylum seekers.

The shortage of frontline workers has contributed to an escalation of illegal activities. For example, regarding auto theft at the Port of Montreal - the on-site space available for officers to perform expected inspections is severely limited with only eight officers to search the containers intended for exports.

In Vancouver, the elimination of the Port police by the Conservatives has escalated the drug trafficking problem for our communities.

The announcement today is only the first step.

There is an urgent need of increasing the number of frontline CBSA officers by 3000 as stated by the CIU. Furthermore, the Carney government needs to ensure these officers have the proper working tools and facilities to do their jobs and provide new CBSA training centre for new recruits. The NDP is further calling for the Carney government to bring back the Port police in Vancouver.

Toronto Star: Carney government tables toned-down version of tougher immigration law

Jenny Kwan, the NDP’s critic on immigration, said in a social media post before the bill was tabled that the “sudden reversal” shows it was flawed from the start.

“Why was the ‘safety’ border bill rushed without consultation or due diligence?” she said. “Public safety legislation should never be driven by Trump or foreign politics. Canadians deserve better.”

The new legislation includes the other elements included in Bill C-2, including restricting access to asylum, increasing authorities’ control over immigration documents, expanding border officers’ ability to inspect exports, giving the Canadian Coast Guard security patrol powers and allowing more information sharing with other levels of government and the United States.

Click link to read the news story - https://www.thestar.com/politics/federal/carney-government-tables-toned-down-version-of-tougher-immigration-law/article_f341b3c5-b107-4127-8cd5-4f1059871643.html

Globe & Mail: Public Safety minister says he wants to push through refined warrantless powers to help police

Ms. Kwan signalled that the NDP would not support Bill C-2 without substantial changes.

“Even if the bill is adjusted somewhat, it is still very disturbing that warrantless access provisions remain intact. This allows intelligence agencies, police and other public officials to conduct surveillance operations without proper authorization,” she said in an e-mail. “If those are the only changes, the NDP still cannot support this bill.”

Mr. Anandasangaree told reporters that he would be open to possible amendments to immigration provisions, which remain unchanged in Bill C-12. They restrict the ability to claim asylum and give the immigration minister the power to cancel visa applications en masse.

On Thursday, a coalition of civil-society organizations, including civil liberties, and refugee and migrant-rights groups, called for the withdrawal of both bills.

“Bill C-12 does not fix Bill C-2; it fast-tracks some of the most-egregious aspects, while still moving forward with the rest,” Tim McSorley, national co-ordinator of the International Civil Liberties Monitoring Group, said in a statement.

Click link to read the news story - https://www.theglobeandmail.com/politics/article-strong-border-bill-c2-c12-anandasangaree-police-rcmp/

Statement on Amendments to the Lost Canadians Bill

Globe & Mail: Public Safety Minister set to table new version of strong borders bill after slew of criticism

The NDP’s public safety and immigration critic, Jenny Kwan, has also expressed serious concerns about the bill and, at its second reading debate last month, called for it to be withdrawn entirely.

The bill has yet to progress to its committee stage or to the Senate. But as this is a minority government, it will need the support of MPs from other parties to push it through.

Parliamentary papers that indicate future business in the House of Commons show that Mr. Anandasangaree is due to present another strong borders bill within days.

An analysis by the Library of Parliament, reported by The Globe and Mail in August, warned that the government’s proposed strong-borders legislation risked infringing on Canadians’ Charter rights if passed, including the right to be treated equally under the law.

The study by experts at the library, which carries out research for MPs and senators, also noted that Bill C-2 could lead to discriminatory profiling and targeting by law enforcement and that some of its provisions – including a proposal to allow Canada Post to open letters – would jeopardize the privacy of Canadians.

Click link to read the news story - https://www.theglobeandmail.com/politics/article-strong-borders-bill-c-2/

National Post: Calls grow for Carney government to explain statement banning Irish hip-hop trio

NDP MP Jenny Kwan, who this week wrote to Metlege Diab seeking answers on the issue, said the fact that Gasparro announced the government ban before the court case against one of the band members had been settled raises more questions about what transpired.

“Canada needs to make sure that such decisions are accountable and that they’re not subject to arbitrary and political weaponization,” she told National Post.

“It’s really important that we actually get clarity on what went on. Is this a sanctioned announcement from the government? Is the band Kneecap actually banned? Were they ever banned?”

Click link to read the news story - https://nationalpost.com/news/politics/calls-grow-for-carney-government-to-explain-statement-banning-irish-hip-hop-trio

HANSARD: Was the Parliamentary Secretary authorized to announce Kneecap ineligible to enter Canada?

Global News: Is Kneecap banned from Canada or not? NDP urges answer in high-profile case

The federal immigration minister is facing increasing pressure to clarify whether the Irish hip-hop group Kneecap is indeed banned from entering Canada, or if the Liberal official who announced the move was approved to make that assertion in a contentious social media post.

In a letter to Immigration Minister Lena Diab on Thursday, NDP MP Jenny Kwan, the party’s immigration critic, urged Diab to say whether the group is indeed banned after the minister and other officials have repeatedly refused to answer questions on the case for almost two weeks.

The band says it has yet to receive any official notice about an entry ban or denial of their electronic visa authorizations.

“Canadians and visitors to Canada deserve to know that they are not subject to arbitrary and politicized weaponization of public policy for political purposes,” Kwan wrote.

“We need to rebuild integrity into the system in this time of misinformation.”

Liberal MP Vince Gasparro, the parliamentary secretary for combating crime, announced on Sept. 19 “on behalf of the Government of Canada” that the band’s members had been deemed ineligible for entry ahead of scheduled concerts this month, based “on the advice of our officials.”

Kwan wants Diab to answer if the officials Gasparro referenced are in Immigration, Refugees and Citizenship Canada (IRCC), and if she or other IRCC officials authorized Gasparro to speak on their behalf publicly.

The letter also asks if Kneecap were ever formally banned from entering Canada or if they are permitted to enter, and if the Prime Minister’s Office or any other government officials or agencies were involved in approving Gasparro’s announcement.