Refugee tribunal ruled on more than 45,000 cases since 2019 without in-person hearings

Yet another policy and program failure that undermines public confidence in immigration and refugees:

The independent tribunal that decides refugee claims has since 2019 ruled on more than 45,000 asylum cases based on paperwork alone without an in-person hearing, raising concerns from the Conservatives and experts that this could dilute scrutiny and compromise national security. 

Figures provided to MPs on the Commons immigration committee by the Immigration and Refugee Board show that in that period, Iranian asylum claimants have had the most claims decided without an in-person hearing, with 10,730 claims decided based on paper reviews of their files. 

Last year, 2,218 cases of alleged persecution in Iran – where the theocratic regime has imprisoned and killed scores of its critics – were decided after reviewing the files of asylum applicants, with 2,105 decided without a hearing in 2024 and 3,124 in 2023. 

Between 2019 and 2025, the IRB decided 45,595 cases through “paper processes.” These included 4,220 paper-only asylum decisions on cases from Afghanistan. There were 484 such “file-review” adjudications from Palestinians, 6,827 from Turkey, 1,273 from Yemen, 2,542 from Pakistan and 256 from Iraq, the IRB figures show. 

Asylum claimants from Haiti had 3,379 cases decided without a hearing between 2019 and 2025, including 2,471 last year. …

James Yousif, a former member of the IRB who adjudicated on cases, has been raising concerns that paper-only decisions could heighten the risk of fraud and weaken security screening.

“It is not possible to tell a true claim from a made-up claim just by reading the documents in each file,” he said in an e-mail. “Asking questions at a hearing is absolutely essential to detecting fraud and risks to Canada’s national security. There is no substitute for this.” 

Ms. Metlege Diab previously told MPs on the committee that each person claiming asylum is subject to security screening. She said decisions are made on a case-by-case basis by the IRB tribunal, which operates independently of Immigration, Refugees and Citizenship Canada.

But in an e-mail to The Globe and Mail, Mr. Redekopp expressed concern that the file-review process is being used “to expedite asylum claims without interviewing claimants, even from high-risk countries like Iran.” 

“Even worse, the Immigration Minister won’t take responsibility for this security gap, saying the IRB is independent – even though she is the minister responsible for the IRB,” he said. “Canadians expect a rigorous and thorough immigration vetting process and we are calling on the Immigration Minister to take action.”…

Source: Refugee tribunal ruled on more than 45,000 cases since 2019 without in-person hearings

Quebec’s Bill 94 overwhelmingly affects Muslim women like me

A reminder of the perverse effects of Bill 94:

…If I can be barred from volunteering at my own children’s school, what guarantees do I have that tomorrow my profession won’t be questioned too? When I see women whose dreams of becoming teachers, lawyers, or educators have been shut down by legislation, I have to ask: Where does this end?

Let me be clear: Secularism is an important value for us in Quebec, and I support it. We do not send our children to public school to receive religious instruction. But preventing mothers from volunteering at their children’s schools – that is not secularism; it is outright exclusion. Creating this fear that children might be threatened by a mother simply practising her religion is both illogical and harmful – and it sows division instead of fostering cohesion.

Aisha Khan is an occupational therapist based in Quebec

Source: Quebec’s Bill 94 overwhelmingly affects Muslim women like me

A major immigration reform bill is now law in Canada. Some worry it rolls back refugee rights

No surprise that it is likely to be challenged and we will see how the courts rule, whether purely theoretically or with some practical understanding:

A major bill reforming immigration powers is now law in Canada, giving Ottawa powers to mass cancel groups of visas and setting  time limits on asylum claims in the name of bringing immigration numbers under control.

But the legislation,  passed Thursday,  has also raised concerns from a coalition of civil society groups, including Amnesty International, immigration lawyers and public sector unions, that says it places too much authority in the government’s hands and is vowing to fight it. 

“Bill C-12 attacks the rights of refugees and migrants,” Julia Sande, a lawyer specializing in privacy and migrant rights at Amnesty International Canada, said in an interview with CBC News. “It makes it harder for people to have their claims for refugee protection fairly assessed, so it puts people at risk of being deported to face persecution and torture.”

She said the mass-cancellation powers, “without any sort of individualized assessment,” amount to shirking Canada’s international legal obligations. 

Adam Sadinsky, vice-president of the Canadian Association of Refugee Lawyers, called C-12 “the most significant rollback of refugee rights in more than a decade.”

He said he has no doubt the legislation “will ultimately end up before the courts to make a decision on its constitutionality,” and said he believes refugee and immigration lawyers across Canada are advising their clients and mulling whether they have cases that would form “the basis of a challenge.”

Sadinsky and Sande’s groups are part of the broader coalition, which includes the Canadian Council for Refugees, the Canadian Muslim Public Affairs Council and public sector unions like the Canadian Union of Public Employees.

‘A dangerous path’

In a statement, the coalition warned the bill sets “current and future governments on a dangerous path by limiting the ability to seek refugee protection in Canada, […] and facilitating the sharing of personal information within and outside the country.”

The law will cancel out thousands of refugee claims, as it also retroactively bars those who came to Canada more than a year prior from filing claims with the Immigration and Refugee Board. 

Retroactive to June 24, 2020, and applying to claims made on or after June 3, 2025, the legislation would see some 19,000 applications dismissed, according to testimony by Immigration Minister Lena Diab to a Canadian Senate committee.

As for its necessity to acquire mass-cancellation powers, the government has cited hypothetical events out of its control such as wars or pandemics. It has also spoken about possible fraud in hypothetical scenarios.

However, based on internal IRCC documents, CBC News reported last fall that the department was concerned about “country-specific challenges” due to fraudulent visitor visa applications from India and Bangladesh. …

Source: A major immigration reform bill is now law in Canada. Some worry it rolls back refugee rights

Across-the-board executive job cuts won’t address ‘staggering’ growth in bureaucracy’s upper ranks, says ex-civil servant 

In preparation for being interviewed, I developed some tables to highlight the impact, based upon this open data table: Population of the federal public service by executive level:

EX-1 and EX-4 impacted more than other levels. The other striking change is of course in the higher increase rates over the past 10 years of EX-2, EX-3 and EX-5.

Source: Across-the-board executive job cuts won’t address ‘staggering’ growth in bureaucracy’s upper ranks, says ex-civil servant

Immigration article of interest March 2026

Articles and opinions related to immigration that I found of interest in March (bit overly long):

  • IRCC Management/OAG International Students
  • General
  • Quebec perspectives
  • Refugees and Asylum Seekers
  • Other

IRCC Management/OAG International Students

Understandably, considerable coverage and commentary over the lack of management and integrity of the international student program contained in the OAG report. A key question, which we will probably never know for sure, is whether public service identified risks to the political level, and if so, was any critical advice toned down, and if so how much, as it moved up to the deputy level. And of course while the federal government is responsible, this does not let provincial governments, education institutions and business communities for pushing for higher levels:

Canada’s international student program blasted by auditor for failing to address ‘integrity concerns’

Canada’s Immigration Department failed to crack down on study permit applicants and holders flagged for potential fraud and non-compliance — and did not even know if those with expired permits had left the country, a government audit has found.

Between 2023 and 2024, more than 153,000 post-secondary international students were identified as potentially non-compliant with study permit rules, but officials had funding to probe only 2,000 cases annually, according to a report released Monday by the Office of the Auditor General of Canada.

The department began 4,057 investigations, but 41 per cent of these cases could not be closed because the students did not respond; another 50 cases were identified as non-compliant and requiring further follow-up.

“While there were some adjustments made to improve the integrity of the program, what’s concerning for me is that the department isn’t acting on the information that it has,” Auditor General Karen Hogan told a news conference.

“There are so many things that were raised by the department themselves, and then no follow-through.”

The international student program has been under close scrutiny since 2023, when borders reopened after the pandemic and international enrolment surged past one million. Runaway growth in the temporary resident population — including foreign workers and asylum seekers — was blamed for the affordable housing crisis, straining public resources such as health care and rising unemployment.

It prompted then prime minister Justin Trudeau’s government to cap the number of international student applications and reduce new study permits issued by 35 per cent in 2024 and another 10 per cent in 2025. New measures were also introduced to tighten eligibility for postgraduation work permits, address fraud and strengthen program integrity.

The audit findings, however, don’t appear to help boost public confidence in these reforms.

“There’s enough to still frighten people about what’s going on and question the integrity of our immigration system,” said York University Prof. Roopa Trilokekar, who focuses on government policy on international education.

The fast-growing international student program was the result of aggressive recruiting by the post-secondary education sector due to years of provincial underfunding and by unregulated foreign agents looking to profit from signing up students.

Under Ottawa’s two-step immigration pathways that favour applicants with Canadian education credentials and work experience, migrants increasingly look at studying in Canada as a back door to working and earning permanent residence here.

According to the audit, officials identified 800 approved study permits issued between 2018 and 2023 where applicants had either used fraudulent documentation or misrepresented information to gain entry to Canada. Most of them later applied for other immigration permits once in the country, and half have been approved.

“The absence of having a warning or something on their file to say fraudulent documentation or misrepresentation was used in the initial application means you weren’t able to then apply rigour on the second application,” Hogan cautioned….

Source: Canada’s international student program blasted by auditor for failing to address ‘integrity concerns’

Globe editorial: Ottawa hasn’t learned its lesson on immigration

…Lena Metlege Diab, the immigration minister, has said she accepts the Auditor-General’s recommendations. She needs to clearly articulate a path to return the international student program to its original purpose – not as a ticket to citizenship, but to allow foreigners to study here temporarily. 

Canada shouldn’t promote study permits as a pathway to permanent residency, and it should restrict the hours students can work off-campus. While the lax issuing of student visas in recent years has been useful to employers seeking low-cost labour, and post-secondary institutions keen to fill budget holes, it has distorted the program.

The immigration department needs to be able to quickly root out cases of misuse and fraud to ensure the system’s integrity. This requires closer scrutiny of renewals of people already in the country and better coordination with the CBSA.

After years of mismanagement of the immigration file, the Liberals have lost any benefit of the doubt. Immigration is an essential ingredient in Canada’s success, but it can’t be run on the honour system.

Source: Ottawa hasn’t learned its lesson on immigration

With hindsight, former immigration minister says he would have capped international students sooner

Justice Minister Sean Fraser, who was in charge of immigration during some of the years Auditor General Karen Hogan found instances of fraud in Canada’s international student program, said with hindsight, he would have acted sooner to fundamentally change it.

The Opposition Conservatives have been calling for his resignation, along with that of current Immigration Minister Lena Diab and Fraser’s immediate successor Marc Miller, from Prime Minister Mark Carney’s cabinet.

“With the benefit of hindsight, I would have liked to actually change the program fundamentally and say the federal government is placing a cap on this, and letting provinces allocate their share of the cap to different institutions,” Fraser told CBC News on Wednesday.

However, he also said the federal government was negotiating as part of “a good-faith relationship with the provinces who were requesting additional access to immigration programs at the time.”…

Source: With hindsight, former immigration minister says he would have capped international students sooner

General

Clark: Time to plan for the return of sane immigration

Reasonable and need for a longer term immigration and population policy, one that avoids the mistakes of the “more the merrier” approach that got us here:

…Most importantly, the system to select economic immigrants, which should aim to recruit highly productive newcomers that raise Canada’s standard of living, has been balkanized with a series of programs to fill alleged labour shortages, often with lower-wage workers.

Immigration means recruiting a big part of the population of the future. It can make the lives of Canadians born today dramatically richer or poorer. 

Now, the recruitment is essentially on hold – probably for two more years. The short-term goal is to pause population growth. In the meantime, there is a compelling need to focus on what immigration should be over the long term, and plan for it. 

The country is going to need it.

Source: Time to plan for the return of sane immigration

Globe editorial: The two Tory mindsets on immigration

Captures the dynamic:

…But if the Conservatives need added motivation, here are two: the demagogic tone makes it all too easy for the Liberals to ignore the long list of reforms that the Opposition has proposed, and makes it much harder for any centrist voter to contemplate supporting the Tories.

Many of the reforms proposed by the Conservatives are worth debate, including but not limited to: closing a loophole that courts have used to avoid the deportation of migrants convicted of serious criminal offences; barring asylum claims from anyone who is a national of the European Union or a G7 country, or who transited through such a country to come to Canada; and greater transparency from the immigration system. The party does not lack for ideas; it does not need to indulge in weak rhetorical legerdemain.

And there’s no need to confect issues if embarrassing the Liberals is your goal; the unadorned facts will get the job done. Such as the backlog of asylum claims sitting at 299,960 at the end of January, down fractionally from the record high of 300,154 at the end of 2025. At that rate, the backlog should be cleared sometime in 2155.

What has happened that one-sixth of all new asylum claims in 2025 were from just one country, India – a flawed democracy, but a democracy nonetheless? Why is it that asylum claims from India have surged from 379 in 2015 to 17,835 last year, an astonishing 4,505 per cent rise? And why is it that just 22 per cent of asylum claims from Indian nationals that were finalized in 2025 were successful, about a third of the overall success rate?

Those questions, and many others on the immigration file, are serious issues that the Liberals should be compelled to address. The thoughtful Conservative Party could do that, if the rage-baiting Conservative Party would just get out of the way.

Source: The two Tory mindsets on immigration

Rempel Garner: Big Immigration must be reined in. Parliamentary power must be restored.

General tendency over the years to diminish the distinction between citizens and non-citizens (e.g., public service employment, Iranian victims of Iran’s shooting down of a Ukrainian airline) but agree that this decision goes too far and will likely further reduce public confidence in immigration:

…But given the hull-buckling groans emanating from most Canadian social welfare programs, the deep deficits most Canadian governments are running, and the disarray that Canada’s immigration system is already in, Prime Minister Mark Carney has a duty to prevent ideologically-homogenous activists from using the Kanyinda framework to block reasonable reforms or make the system even more dysfunctional than it already is.

There are many other reasons to prevent further blurring of the distinction between citizen and non-citizen using the Kanyinda framework. It will be virtually impossible for any level of government to disincentivize abuse of the asylum system if there are endless legal options for unverified claimants (or outright fraudsters) to access social services they were never intended to receive. Blurred boundaries on who is eligible to receive benefits will, beyond the obvious sustainability problems, make it even harder to prioritize those truly vulnerable groups.

For many members of the public, this lack of distinction will be perceived as a lack of fairness. In turn, there will be even less public appetite to extend social welfare benefits to asylum claimants, or for immigration writ large. Further legal erosion of the difference between citizen and non-citizen will only serve to continue to diminish the value of Canadian citizenship and accelerate the fragmentation of our already diffuse national identity.

Perhaps most importantly, Kanyinda adds a thick layer of judicial overreach to an existing spread of rulings that have already severely eroded both Parliamentary supremacy in setting immigration law and the federal government’s ability to enforce it. Changes in 2012, which prevented non-citizens who made fraudulent asylum claims from receiving taxpayer-funded supplemental health benefits (like vision care) while awaiting removal from the country, were almost immediately struck down by the Federal Court (R. v. Pham, 2013 SCC 15). This led to the now-frequent practice of judges giving more lenient sentences to non-citizens convicted of serious crimes in order to avoid consequences for their immigration status.

Parliamentary Committee testimony during the review of the immigration provisions in the current Bill C-12 suggested its reforms would immediately be challenged in court by Big Immigration. Justice Wagner’s tone in Kanyinda suggests that this lobby will be successful. Allowing this trend to go unchecked by the federal government will only further engrain the Canadian public’s sense that they are losing control, and in turn, further erode support for immigration. It will also suggest that the federal Liberals’ willingness to prevent asylum system abuse only goes so far as the court’s willingness to accept their reforms.

At present, Canadian immigration law and Canadian public support for immigration is predicated upon the principle that it is legal, fair and necessary to treat different non-citizens differently than citizens for the purposes of immigration selection and entry into Canada. This concept is reinforced by Section 91(25) of the Constitution Act, 1867, which gives Canada’s Parliament the main power to set immigration laws.

And so the public expects that they can turn to and rely on the federal government and Parliament to both support a strong Canadian national identity, manage a fair and orderly immigration system, and secure our nation’s borders. But the Kanyinda framework shows that Canada’s Supreme Court is willing to fixate on the increasingly tone-deaf voices of Big Immigration and directly challenge these foundational principles.

The Charter has a built-in fail-safe for potential extreme situations such as these, and the government and Parliament have other tools at their disposal to rein in an overzealous judiciary.

It’s now up to Mark Carney to provide clarity on how much more judicially-inspired immigration dysfunction his government will tolerate before he directs it to act.

Let’s pray that his patience has boundaries, and that the judiciary and Big Immigration doesn’t further test their limits.

Source: Big Immigration must be reined in. Parliamentary power must be restored.

Douglas Todd: B.C. voices did speak up against Trudeau’s migration policies, but were ignored

Unclear how much of this commentary made it into ministerial briefing material (my assumption is that some of it did):

…At least a dozen noted people responsibly ignored the Canadian taboo against criticizing Ottawa’s immigration policy — and ran the risk of being labelled “xenophobic,” “racist” or “nativist” by the Liberals and their allies.

They included some of the labour economists McCallum consulted a decade ago, such as the University of B.C.’s David Green, Carleton University’s Christopher Worswick and Waterloo’s Mikal Skuterud.

In 2016 Green, Worswick and UBC’s Craig Riddell published an important article in Policy Options, which was highlighted by Postmedia. They were critical of then-immigration minister Ahmed Hussen, who was trumpeting his “ambitious plan” to drastically increase migration rates to build the economy. The economists cautioned that “immigration cannot be relied upon as a source of higher per capita incomes.”

Again, in 2019, Green expanded upon his remarks, saying the rapid rise in low-skilled workers entering Canada would likely lower the earnings of existing workers.

In 2017 Simon Fraser University political scientist Sanjay Jeram, along with former immigration department official Andrew Griffith, flagged that a national debate was needed on immigration economics. Jeram said Canadians’ individual financial well-being would shrink as corporations brought in low-skill immigrants to make up for alleged labour shortages.

“Earlier, in 2016, SFU economist Herb Grubel had cautioned high migration rates were not compatible with welfare societies, ultimately imposing a “fiscal burden” on taxpayers.

By 2021, the newly retired head of B.C.’s civil service, Don Wright, took advantage of his new-found freedom to write that Ottawa’s immigration policies were contributing greatly to the abandonment of the “broad middle-classes, by allowing real wages to stagnate.”

By last year, when Trudeau resigned after plummeting popularity, Canada’s GDP per capita, which measures economic growth per person, had dismally inched up only two per cent in a decade. In the same period, U.S. GDP per capita jumped 20 per cent.

International student alarms

As the Liberals were cranking up the number of foreign students, Kwantlen’s Polytechnic University’s Shinder Purewal told Postmedia in 2016 that Canada was marketing study visas around the world, creating a giant for-profit business, with hidden costs to taxpayers.”

“The University of Toronto’s Jane Knight, a specialist in higher education, was cited by Postmedia in 2013, saying Canada’s foreign-student programs were already losing their humanitarian ideals, becoming fixated on “self-interest” and “prestige-building.”

While politicians and post-secondary officials applauded how foreign students spent on retail goods and rent and created teaching jobs, most scholars harbouring critical thoughts felt it safer to stay quiet.

By 2019, however, B.C. immigration lawyer Sam Hyman and consultant Laleh Sahba were among those telling Postmedia how uneasy they were about a Statistics Canada report that up to one in three study-visa holders were not going to school. They described how many international students were being advised by dubious agents they could bypass school to work in Canada while pursuing the dream of permanent resident status…

Source: Douglas Todd: B.C. voices did speak up against Trudeau’s migration policies, but were ignored

Quebec perspectives

Lisée | Enfin, la pause démographique!

Not surprising that Lisée would take this position but it has been increasingly made in English Canada as well:

…Oui, mais la croissance ? Des économistes estiment que tout cela va réduire la croissance du produit intérieur brut total. Les organisations patronales affirment que tout cela est une catastrophe pour les entreprises, car l’augmentation de leur production est freinée par leur incapacité d’importer des salariés. En effet, mais cela les force à se tourner vers l’augmentation de leur productivité, l’automation et la robotisation. Ce faisant, la richesse totale n’augmente pas aussi vite, mais la richesse par habitant, oui. Pour résumer : si vous êtes un produit intérieur brut, c’est une mauvaise nouvelle. Si vous êtes une personne, c’est une bonne nouvelle.

L’incidence de l’intelligence artificielle. Nous entrons dans une phase totalement imprévisible de destruction de l’emploi par l’intelligence artificielle. Les experts débattent de la réalité, de la rapidité et de l’ampleur de ce bouleversement. Chez nous, l’Institut du Québec estime que 18 % des emplois québécois y sont vulnérables, taux qui grimpe à 24 % chez les jeunes. Il est donc impératif que nous ne soyons pas en surplus de population et de main-d’œuvre.

“Savoir s’adapter. Selon les scénarios démographiques, certaines régions vont décroître (Montréal, le Saguenay, le Bas-Saint-Laurent, la Gaspésie, l’Abitibi, la Côte-Nord) et toutes les autres vont croître. Plutôt que de tenter de renverser la tendance, l’État a intérêt à l’accompagner. Le télétravail et la régionalisation des tâches gouvernementales sont des outils permettant d’amortir le choc dans les régions à risque.

La pyramide des âges. Il y a davantage de vieux et moins d’enfants. On peut s’en désoler. Ou penser qu’il y aura enfin assez de places en CPE pour tout le monde, qu’on pourra réduire le nombre d’élèves par classe et mieux accompagner chacun de nos bambins.

La croissance, économique ou démographique, n’est pas un projet en soi, sauf pour les adeptes du gigantisme. Le projet est la qualité de la vie de chacun, l’épanouissement individuel et collectif, la poursuite du bonheur. On est neuf millions, on peut y arriver.”

Source: Chronique | Enfin, la pause démographique!

Nicolas: politiquement viable, et nous

Difference between raising issues and concerns and fanning the flames:

…Bernard Drainville et Paul St-Pierre Plamondon nous ont donné à la fin de la semaine un autre exemple d’un ton acerbe qui, il me semble, aurait été politiquement non viable il n’y a pas si longtemps. Au sujet de la décision de la Cour suprême du Canada sur l’accès des demandeurs d’asile aux CPE, le chef du PQ nous a assuré vendredi que les « milliards de personnes dans le monde qui auraient intérêt à immigrer au Québec pour améliorer leur qualité de vie ne peuvent avoir le même statut et le même droit à bénéficier des services publics que les citoyens québécois ».

Je ne peux pas croire qu’un homme comme lui ne sait pas qu’il attise les peurs en parlant de « milliards » de personnes, tout en étant dans l’erreur factuelle grossière. Je ne crois pas non plus que Bernard Drainville ignore que sa proposition de retirer aux demandeurs l’accès au filet social nous mènerait tout droit à la crise sociale, laquelle finit toujours par être plus coûteuse à l’État, en plus d’être catastrophique sur le plan humain.

Mais l’important, au bout du compte, c’est peut-être moins de répondre à chaque élément de ce type de discours que de ce type de discours que de se demander pourquoi et auprès de qui il résonne, et à quel coût. Le ton et le contenu de ces propositions politiques pourraient redevenir non viables. Ça dépend beaucoup de nous, et de la société que l’on se souhaite.

Source: Chronique | Le politiquement viable, et nous

Lisée | Accueillir toute la marmaille du monde

On the recent Supreme Court decision and that judges and their blurring of distinctions and rights between citizens and non-citizens:

…La Cour suprême du Canada ne partage pas cet avis. Dans sa récente décision qui ordonne au Québec d’ouvrir les portes de ses centres de la petite enfance aux bambins des demandeurs d’asile, même si leur demande n’est pas encore jugée valable, même s’ils n’ont pas de permis de travail, elle indique finalement que le Québec a le devoir d’offrir des places à toute la marmaille du monde. Le fait qu’il n’y a pas suffisamment de places pour tout le monde déjà présent sur le territoire — malgré le fait que la Coalition avenir Québec a, dans les huit dernières années, créé chaque année plus de places que tous les gouvernements précédents — ne lui fait pas un pli sur la toge.

Les juges ne sont pas de vulgaires comptables. Ils n’ont pas, par principe, à se préoccuper des conséquences budgétaires de leurs décisions. Ils vivent dans un monde parallèle, le monde juridique, où des droits existent ou n’existent pas. Aux élus de se débrouiller ensuite avec l’intendance.

On pouvait cependant penser que des distinctions existaient entre, d’une part, les citoyens canadiens et les résidents permanents, et, d’autre part, les personnes qui ne le sont pas. Cette distinction existe dans la plupart des démocraties avancées, y compris dans les pays scandinaves, où seuls les citoyens ont droit à la totalité du filet social. Mais le Canada, grâce à ses juges, est exceptionnel.

“La Charte des droits de Pierre Trudeau est entrée en vigueur en 1982. Il n’a fallu que trois ans, avec l’arrêt Singh en 1985, pour que la Cour enterre la distinction entre citoyens et non-citoyens. Voyez, a-t-elle écrit, à son article 7, la Charte indique que « chacun a droit à la vie, à la liberté et à la sécurité ». « Chacun » signifie toute personne présente sur le territoire.

En 1989, elle est allée plus loin en déclarant que les non-citoyens pouvaient être considérés comme un groupe discriminé en vertu de l’article 15 de la Charte, qui ne les mentionnait pas. Mais il y avait le mot « notamment » avec la liste des groupes, donc ils ont fait leur entrée.

Par conséquent, comme tout citoyen, un sans-papiers ou un demandeur d’asile peuvent se prévaloir de la totalité des droits d’appel si on leur refuse le statut de réfugié. Tant pis si ça prend huit ans. Tant pis si ça coûte des fortunes. Tant pis si ça rend humainement déchirant de retourner des gens chez eux après tout ce temps. Tant pis si, dans d’autres pays, ils font ça en quelques mois.

“Le remède ? Je vais vous faire sourire. Il faudrait changer la Constitution pour écrire « chaque citoyen » au lieu de « chacun » et enlever le mot « notamment ». Il y a un plan B : faire l’indépendance et insérer ces précisions dans la constitution du nouveau pays. Je vous laisse choisir la solution qui vous paraît la plus rapide.

La décision de vendredi, usant d’une logique intersectionnelle (femmes + asile), étend logiquement ce principe d’inclusion à l’ensemble des éléments du filet social. Je n’ai pas de doute que les juristes trudeauistes sont à l’œuvre pour contester, forts de ce nouveau précédent, toute différenciation restante entre les services offerts aux citoyens ou ceux offerts aux autres, touristes compris. J’exagère ? Voyez ce que disait Justin Trudeau sur son blogue en 2008 : « Si des extraterrestres venaient sur Terre et choisissaient le Canada comme société d’accueil, ils seraient protégés par la Charte canadienne des droits et libertés. »

Source: https://apple.news/AFGco-VIyTOOiFK17kprz3g

Refugees and Asylum Seekers

Iranians converting to Christianity ‘the easiest way’ to get asylum in Canada

As always, those desperate or motivated will find a way:

At a downtown Vancouver church, a Christian baptism takes place during a recent Sunday service. Amid the incense and infants dressed in white getting ready to receive the holy water is a group of four Iranian nationals also waiting to receive adult baptisms.

As with past baptisms, some of them will likely not return to the church after receiving their baptismal certificate. It is simply a means to an end — claiming asylum.

When a parishioner congratulates one of the newly baptized Farsi speakers, mentioning Iran’s significant Christian and Jewish populations, as well as Muslim, they reply in heavily accented English.

“I hate Muslims.”

While not quite the Christian message one might have expected, the conversion of Iranians to Christianity has been an increasingly popular trend over the past decade (one study suggests as many as 1.2 million Christian converts in Iran alone)…

Source: Iranians converting to Christianity ‘the easiest way’ to get asylum in Canada

Omidvar: Behind every refugee statistic is a personal and painful moment. Don’t lose sight of that

Good reminder that behind the statistics, there are people. But not all refugees are in the same situation that she and others were in, as recent increases indicate:

…That is why I find it troubling when refugee movements are reduced to numbers or political talking points. Governments understandably debate capacity, border management and the integrity of asylum systems. These are legitimate policy questions.

But behind every statistic is a deeply personal moment: the hurried packing of a bag, the quiet goodbye to a home that may never be seen again, the crossing of a border with little certainty about what comes next.

Most refugees did not imagine their lives unfolding this way. Most are not explicitly political actors or activists. They are teachers, engineers, shopkeepers, students – ordinary people like you or me. But in my life I’ve learned a crucial lesson that has stayed with me: No matter what, you cannot isolate yourself from the politics that are raging around you. Politics affects the way we all live. This is why I am today a “political” person.

Canada has been shaped by successive waves of people who arrived through moments of upheaval – from postwar Europe to Southeast Asia, from the Balkans to Syria. Many came with little more than resilience and hope. But over time, they became Canadians. They built businesses, strengthened institutions, raised families and contributed to the social and economic life of the country that welcomed them. I am one of those people.

Today, Canada is once again debating immigration and refugee policy with intensity. We are tightening numbers, making it more difficult for refugees to find safety in Canada. This is not just a signal of concern about our capacity and management, but also a real reflection of a growing political narrative that constrains our compassion. It threatens to make us lose sight of the human stories at the heart of these debates.

Granted, none of the contributions refugees eventually make are visible at the moment they cross a border. At that moment, refugees often look like uncertainty itself. They arrive tired, anxious and unsure about whether the world will make room for them.

But the refugee story does not end at the border. In many ways, it is where the next chapter begins. 

When I see images today of Iranians gathering at the Turkish border, I do not see strangers; I see families standing at the threshold of the same uncertain journey that my own familybegan almost five decades ago. And I am reminded that the line between an ordinary life and exile can appear faster than anyone expects – and that what happens next for them goes beyond those people, and into politics.

Source: Behind every refugee statistic is a personal and painful moment. Don’t lose sight of that

Other

Banerjee: Not all immigration paths are equal: Some immigrants thrive, while others struggle, in Canada’s two-step system

Good detailed comparative analysis:

…The tax data show that permit type, not Canadian experience alone, shapes the economic success of two-step immigrants. While high-performing groups — such as PGWP holders and ICTs — enjoy high, growing wages by benefiting from Canadian education or employer-driven entry, others — inc|luding WHMs and SPOU holders — face persistent economic disadvantage. Permit conditions, dependence on a partner for status and concentration in low-wage job sectors or geographically remote jobs likely compound vulnerability for the latter. The lack of transparency and coherence across temporary migration pathways makes these inequalities worse.

Policymakers should respond with co-ordinated actions in the short and medium term, drawing on the mandates of Immigration, Refugees and Citizenship Canada (IRCC) as the federal lead; Statistics Canada, and Employment and Social Development Canada for data and labour-market information; and provincial and territorial governments for post-secondary oversight and settlement programming. Settlement agencies, post-secondary institutions and employer partners are also critical delivery partners….

This analysis focused only on immigrants who successfully transitioned to permanent residency. This excludes many temporary residents who failed or are failing to secure permanent status — a major source of precarity within the IMP. Moreover, our data end in 2014. Since then, the IMP has grown dramatically, particularly through the PGWP stream, and the profile of international students has shifted toward college-level programs with weaker labour-market prospects (on entry of IMP permit holders to 2021 by stream, including the PGWP, see Vosko, 2025).

Recent federal policy changes compound these pressures. Since 2024, PR targets have been reduced and transition rules tightened. Many temporary residents now attempt to manage uncertainty by switching between permit types to extend their stay — a strategy that often disrupts employment and prolongs temporary status. Unless the federal government rebalances the relationship between temporary and permanent immigration, these trends will deepen structural inequities and erode the economic benefits.

Source: Not all immigration paths are equal: Some immigrants thrive, while others struggle, in Canada’s two-step system 

Jeziorek: Canada’s immigration system is going digital, and accountability must keep pace

Somewhat ironic as the OAG report on international students highlights the lack of accountability of current systems:

…Keeping automation accountable

Canada already has several oversight mechanisms in place, including algorithmic impact assessments required by directives on automated decision-making. 

These measures represent meaningful progress toward responsible digital governance. However, as immigration administration becomes increasingly automated and platform-based, additional safeguards are needed to ensure accountability keeps pace.

Possible measures include expanding public documentation about automated triage systems, introducing independent review processes and ensuring clear pathways for human review. Such steps would better align digital modernization with Canada’s existing oversight frameworks for automated decision-making.

Canada’s immigration system is often described as rights-basedand grounded in equity, fairness and inclusion. Maintaining public trust in that system depends on ensuring administrative decision systems remain transparent, contestable and accountable.

Automation and platform-based administration are reshaping Canada’s migration. Efficiency alone cannot sustain public trust. As Canada modernizes immigration administration, accountability must be built into digital systems as deliberately as the technologies themselves.

Source: Canada’s immigration system is going digital, and accountability must keep pace

Canada is letting rural employers hire more temporary foreign workers. Economists say it’s a misstep

Government does not appear to have learned from previous lobbying and changes:

Ottawa is introducing new measures to let rural employers hire more low-wage workers through the temporary foreign worker program, a move businesses say is needed to address ongoing labour shortages but economists and advocates warn is a step in the wrong direction.

Employers in “eligible rural regions” will be permitted to staff up to 15 per cent of their workforce with low-wage, temporary foreign workers, up from 10 per cent, the federal government announced Friday.  The new measures will be implemented as early as April 1, 2026, until March 31, 2027.

“Some rural communities continue to face acute labour shortages due to low unemployment rates, and ongoing difficulties attracting, recruiting, and retaining workers,” said a statement from Employment and Social Development Canada (ESDC), which oversees the temporary foreign worker (TFW) program….

The TFW program’s new rules are “a step in the wrong direction,” said Christopher Worswick, an economist at Carleton University in Ottawa, adding that the federal government is giving into pressure of employer groups when the focus should instead be on permanent immigration. In 2024, Ottawa started reining in immigration after years of rapid population growth largely driven by a surge of international students and temporary foreign workers who arrived during the pandemic. 

Leaning on low-wage TFWs reinforces a system where short-term labour fills permanent needs, leaving deeper challenges in attracting and retaining workers unaddressed, Worswick said. Migrant workers whose status is tied to a single employer often fear speaking out about low wages and poor conditions, creating a power imbalance that benefits employers seeking a compliant workforce.

Without the program, businesses struggling to hire would have to raise workers’ wages and improve working conditions to attract applicants, or invest in new technology to save money, he added.

“When there’s a shortage of a good, demand is greater than supply so you should see upward pressure on price until demand equals supply,” he said. “The labour market is basically the same thing.”

In other words, “if you can’t hire somebody, then what economics would say is you should re-advertise at a higher wage.”

But industry groups maintain that restricting access to TFWs could force businesses to scale back or shut down entirely, particularly in rural and remote areas where hiring challenges are most acute. They say the new rules will give employers more flexibility to fill persistent labour gaps and keep operations running when local workers are not available….

Source: Canada is letting rural employers hire more temporary foreign workers. Economists say it’s a misstep

Citizenship articles of interest March 2026

Articles and opinions related to citizenship that I found of interest in March:

Idées | Après la loi C-3, un réveil franco-américain

This is the second article that has focussed on potential applicants from early waves of Canadian francophone emigrants to the USA. This possibility was never raised I believe in either House or Senate hearings on C-3 and its predecessors, and the focus and discussion was on second generation, not earlier generations (Indian media did flag possibility). I will be making a data request in 2027 and have asked IRCC whether their data collection will distinguish between second and earlier generations:

…“Pour comprendre l’onde de choc, il faut revenir au fameux « plafond » : la limite de première génération. En clair, les enfants nés à l’étranger de parents canadiens pouvaient être citoyens canadiens, mais ne pouvaient pas transmettre automatiquement leur citoyenneté à leurs propres enfants si eux aussi naissaient à l’étranger. La chaîne s’arrêtait après une génération née hors du pays.

Une décision rendue en Ontario en décembre 2023 a jugé ce régime inconstitutionnel dans certains cas, ce qui a forcé Ottawa à corriger le tir. C-3 permet donc la citoyenneté au-delà de la première génération née à l’étranger, mais en posant une condition de « lien substantiel » : la citoyenneté peut circuler plus loin dans la chaîne familiale à condition qu’il y ait une ancre réelle au pays, démontrée par 1095 jours — trois ans — de présence physique cumulative au Canada.

Et voilà ce qui change tout : pour beaucoup, il ne s’agit pas de « demander » la citoyenneté comme un privilège, mais de faire reconnaître un statut qui s’appuie maintenant sur des règles précises afin d’obtenir une preuve de citoyenneté. Psychologiquement, ce n’est pas la même posture.”

Pourquoi la Nouvelle-Angleterre s’enflamme

Si cette loi fait battre le cœur de la Nouvelle-Angleterre, ce n’est pas un hasard. Entre 1830 et 1970, près d’un million de Québécois ont traversé la frontière — surtout vers les villes industrielles — pour travailler dans les filatures et les manufactures. Le résultat démographique est immense : leurs descendants représentent aujourd’hui près de dix millions d’Américains.

Cette diaspora a longtemps été racontée comme une épopée ouvrière : un peuple qui quitte la terre, cherche du travail, construit des quartiers, des paroisses, des clubs, fondent des journaux. Mais c’est aussi une histoire de hiérarchie sociale : des Canadiens français devenus main-d’œuvre bon marché, comme tant d’autres groupes dans l’Amérique industrielle. Ce double héritage explique la charge émotionnelle du moment : la loi C-3 ne touche pas seulement un cas juridique ; elle réveille une mémoire.

Surtout, elle arrive des années après qu’une fierté franco-américaine s’est reconstruite « par en bas » : balados, blogues, festivals, initiatives locales. Parmi ceux qui s’activent aujourd’hui, il y a des amis à moi qui animent un balado franco-américain très écouté, d’autres qui ont fondé le PoutineFest du New Hampshire — devenu assez solide pour essaimer, avec des éditions à Burlington, au Vermont, et dans “le Maine — et d’autres encore qui tiennent depuis longtemps des blogues franco-américains. La fierté n’a pas attendu Ottawa. Mais l’accès, lui, oui.

L’Amérique pousse, le Québec attire

Pourquoi maintenant ? Parce que l’Amérique inquiète. Dans mes échanges, je sens moins une mode qu’une fatigue : fatigue politique, fatigue institutionnelle, fatigue culturelle. La citoyenneté canadienne devient un filet de sécurité pour certains : un passeport, oui, mais surtout une option familiale.

Mais réduire ce mouvement à une fuite serait une erreur. Beaucoup ne parlent pas d’abord de soins de santé ou d’élections. Ils parlent de langue. Ils parlent d’immersion. Ils parlent d’un désir de vivre — enfin — dans un endroit où le français n’est pas un folklore, mais un espace public.

Plusieurs se disent fièrement Franco-Américains. D’autres se décrivent carrément comme « Québécois », avec ce mélange de fierté et d’envie : envie d’une société qu’ils perçoivent comme plus cohérente, plus collective, moins brutale. Et ils sont lucides : tous ne pourront pas transférer leur carrière ici. Les avocats, les fiscalistes, ceux qui ont des professions encadrées le savent. Pourtant, ils avancent, parce que ce n’est pas seulement une équation économique : c’est une trajectoire.

Bienvenue chez vous »… mais préparons-nous

Soyons francs : cette loi a un impact particulier — et probablement disproportionné — sur les descendants de Québécois aux États-Unis. Elle ne déclenchera pas automatiquement une migration de masse. Les démarches restent exigeantes : prouver la filiation, retrouver les bons documents, faire valider les chaînes.

Mais la direction du courant est claire. Et le Québec doit regarder cette réalité en face : une partie de cette diaspora va frapper à sa porte, non pas comme des étrangers, mais comme des « revenants » — avec une attache réelle, un imaginaire familial, parfois un français brisé, parfois un français intact.

La question n’est donc pas seulement de savoir combien viendront, mais comment on les accueillera. Oui, la citoyenneté donne des droits. Mais l’installation au Québec implique aussi des devoirs, des choix, un ancrage. Et si une partie de cette vague devient une immigration durable, elle peut aussi être un gain : démographique, économique, culturel — et, franchement, linguistique, si ces nouveaux arrivants viennent précisément chercher le français.

Alors, oui : Québécois et Canadiens français, préparez-vous à dire « bienvenue chez vous ». Mais disons-le intelligemment : avec des parcours d’accueil réalistes, des ponts de francisation adaptés et un discours public qui évite de transformer des cousins en boucs émissaires.

Parce qu’au fond, C-3 ne fait pas que corriger une incohérence juridique. Elle réactive une vieille histoire : celle d’un peuple parti travailler ailleurs… et dont les descendants, un siècle plus tard, demandent non pas la permission, mais la reconnaissance de revenir toucher le fil.”

Rémi Francœur Franco-Américain, l’auteur est analyste politique et ancien directeur de campagnes politiques au New Hampshire. Il est installé à Montréal depuis 2015.

…”To understand the shock wave, we must return to the famous “ceiling”: the first generation limit. Clearly, children born abroad to Canadian parents could be Canadian citizens, but could not automatically transmit their citizenship to their own children if they were also born abroad. The channel stopped after a generation born outside the country.

A decision rendered in Ontario in December 2023 ruled this regime unconstitutional in some cases, forcing Ottawa to correct the situation. C-3 therefore allows citizenship beyond the first generation born abroad, but by placing a condition of “substantial link”: citizenship can circulate further in the family chain provided that there is a real anchor in the country, demonstrated by 1095 days – three years – of cumulative physical presence in Canada.

And this is what changes everything: for many, it is not a question of “asking” citizenship as a privilege, but of having a status recognized that is now based on precise rules in order to obtain proof of citizenship. Psychologically, it’s not the same posture.”

Why New England is on fire

If this law makes the heart of New England beat, it is no coincidence. Between 1830 and 1970, nearly a million Quebecers crossed the border — mainly to industrial cities — to work in spinning mills and factories. The demographic result is immense: their descendants now represent nearly ten million Americans.

This diaspora has long been told as a workers’ epic: a people who leave the earth, look for work, build neighborhoods, parishes, clubs, found newspapers. But it is also a story of social hierarchy: French Canadians who have become cheap labor, like so many other groups in industrial America. This double legacy explains the emotional charge of the moment: Law C-3 does not only affect a legal case; it awakens a memory.

Above all, it comes years after a Franco-American pride has rebuilt itself “from the bottom”: podcasts, blogs, festivals, local initiatives. Among those who are active today, there are friends of mine who host a much listened to Franco-American podcast, others who founded the PutinFest of New Hampshire – which has become solid enough to swarm, with editions in Burlington, Vermont, and in “Maine – and others who have long held Franco-American blogs. Pride did not wait for Ottawa. But access, yes.

America is pushing, Quebec attracts

Why now? Because America is worried. In my exchanges, I feel less a fashion than a fatigue: political fatigue, institutional fatigue, cultural fatigue. Canadian citizenship becomes a safety net for some: a passport, yes, but above all a family option.

But reducing this movement to a leak would be a mistake. Many do not first talk about health care or elections. They speak language. They talk about immersion. They speak of a desire to live – finally – in a place where French is not a folklore, but a public space.

Many proudly call themselves Franco-Americans. Others describe themselves flatly as “Quebecers”, with this mixture of pride and envy: desire for a society that they perceive as more coherent, more collective, less brutal. And they are lucid: not all will be able to transfer their career here. Lawyers, tax specialists, those who have supervised professions know it. However, they move forward, because it is not just an economic equation: it is a trajectory.

Welcome home”… but let’s get ready

Let’s be frank: this law has a particular — and probably disproportionate — impact on the descendants of Quebecers in the United States. It will not automatically trigger a mass migration. The steps remain demanding: prove filiation, find the right documents, have the channels validated.

But the direction of the current is clear. And Quebec must face this reality: part of this diaspora will knock on its door, not as foreigners, but as “revenants” – with a real attachment, a family imagination, sometimes a broken Frenchman, sometimes an intact Frenchman.

The question is therefore not only how many will come, but how they will be welcomed. Yes, citizenship gives rights. But settling in Quebec also implies duties, choices, an anchorage. And if part of this wave becomes sustainable immigration, it can also be a gain: demographic, economic, cultural – and, frankly, linguistic, if these newcomers come precisely for French.

So, yes: Quebecers and French Canadians, get ready to say “welcome home”. But let’s say it intelligently: with realistic welcome paths, adapted francization bridges and a public discourse that avoids turning cousins into scapegoats.

Because basically, C-3 does not only correct a legal inconsistency. It reactivates an old story: that of a people who have gone to work elsewhere… and whose descendants, a century later, ask not for permission, but the recognition of returning to touch the thread.”

Rémi Francœur Franco-American, the author is a political analyst and former director of political campaigns in New Hampshire. It has been based in Montreal since 2015.

Source: Idées | Après la loi C-3, un réveil franco-américain

Canadians living abroad are calling for increased turnout among overseas voters and arguing that barriers to casting a ballot could be affecting election results.

Looking forward the PROC report and recommendations. In contrast to the USA with relatively strong Republicans and Democrats Abroad, Canadian political parties do not appear to have the same interest although the Liberals seem to have a greater focus that the Conservatives (https://www.conservativesabroad.ca). The Liberals have the expansive multi-generational interpretation of C-3. As in the case of “Lost Canadians” and previous elections, the number who may be interested and vote is likely smaller than advocates believer.

Upcoming analysis on the provincial and country breakdowns for the 2025 election, sample below, Ontario and British Columbia have higher proportions than other provinces:

Timothy Veale, the director of Grits Abroad — an organization aimed at connecting Canadian Liberal voters living worldwide — said nearly five million Canadians live outside the country and roughly 3.5 million of them are eligible to vote.

Veale said the share of non-resident Canadians voting in federal elections is mired in the low single digits. He said the causes include mail-only voting, compressed timelines, uncertainty about ballot arrival and delivery and a lack of outreach from party campaigns.

Daniel Scuka, a member of Grits Abroad living in Germany, said parties need to “wake up” and encourage Canadians overseas to vote. He said Elections Canada could also be directed to do more to support overseas voting.

Veale said federal parties should see overseas voters as an opportunity.

“I’d like to see a politician ask us for their vote,” he said. “In the last election … I don’t think anybody courted any of the five million people living overseas.”

Veale said the system “needs modernization” and Canadians should be able to vote in person at an embassy, consulate or high commission. He also pointed out that several countries allow online voting.

“We have the right to vote and a 37-day election was not designed for people abroad to apply to vote,” he said. “If you get approval, then you have to wait for the ballot to be sent to you, then you have to send it back. And imagine having to navigate over 200 different national postal systems around the world.

“We’ve seen how other countries operate and we can do way better than this. It’s just a matter of will, as I see it.”

Elections Canada said in an email that 101,690 voting kits were issued to electors living outside of Canada in the last general election. Of those, 57,440 were returned on time and tallied….

Source: Canadians living abroad looking to increase voter turnout ahead of byelections

As Americans in Canada prepare U.S. tax filings, lower citizenship renunciation fee offers a way out

Not to be cynical but given that Democrats abroad tend to be larger than Republicans….

The U.S. government’s decision to decrease its citizenship renunciation fee by more than 80 per cent may result in more Americans in Canada giving up their U.S. citizenship, cross-border tax experts say, as the deadline for Americans abroad to file their taxes approaches.

Earlier this month, the U.S. State Department announced that the consular services fee charged to Americans giving up their citizenship will drop to US$450, down from US$2,350, effective April 13.

Unlike Canada and most other countries, the U.S. bases its tax system on citizenship rather than residency. That means a U.S. citizen must file a U.S. tax return every year regardless of where they live. In addition, the U.S. requires Americans to report on their foreign financial accounts annually. 

The deadline for filing a U.S. tax return is April 15, but Americans living abroad receive an automatic filing and payment extension until June 15, and a possible further extension to Oct. 15, if they request it. To avoid interest charges, any taxes are still due by April 15….

Source: As Americans in Canada prepare U.S. tax filings, lower citizenship renunciation fee offers a way out

Multiculturalism articles of interest March 2026

Articles and opinions related to multiculturalism that I found of interest in March:

  • Racial and Ethnic Disparities
  • Activisim/Advocacy
  • Quebec Bill 21
  • Representation corporate boards and public serice

Disparities

Picard: To address racism in health care, we need to collect data on race

Agree, without data, over reliance on anecdotes:

…It’s important, of course, that data are collected voluntarily and that people’s privacy is respected as it is with all health records. 

The public needs to know, too, that the information will not appear on their health card or on medical charts. Rather, it is used in an aggregated fashion to reveal trends and inequalities between racial or ethnic groups, without identifying individuals. 

The big barrier to collecting and using race-based data is technical: digital health systems still need to adapt. But we know it’s doable, even on a large scale. 

During the pandemic, for example, the Coronavirus Rapid Entry Case and Contact Management System (CORES) included data on race, income and household size. As a result, we learned Black, Indigenous and people of colour in Toronto were over-represented in the tally of COVID-19 cases and deaths. That allowed, among other things, targeted vaccination campaigns. 

The data also allowed people who are too often marginalized and ignored to be heard, an important first step in correcting disparities. 

Race, culture, language and socio-economic status can all have a profound impact on health, individually and collectively. 

Allowing gaps in data collection to persist is bad for our health, and our health system. 

Source: To address racism in health care, we need to collect data on race 

StatsCan: Criminal court outcomes of Black accused persons in Canada, 2016/2017 to 2022/2023

Latest useful StatsCan study highlighting disparities

  • There were 100,450 Black accused persons in adult criminal courts between 2016/2017 and 2022/2023. Black people (6.2%) were overrepresented as accused persons in adult criminal courts over this period, relative to their representation among the adult population of Canada (3.7%).
  • The proportion of Black accused persons in adult criminal courts has generally increased over time, from 5.7% of all accused in 2016/2017 to 7.1% in 2022/2023. 
  • Between 2016/2017 and 2022/2023, the proportion of Black people in adult criminal courts in Nova Scotia and Ontario was more than two times higher than that of Black people in the total adult population of these provinces. Black people were also overrepresented as accused persons in criminal courts in Quebec, British Columbia, Alberta and New Brunswick compared with their representation in the total adult population.
  • More than 4 in 10 (42%) cases involving a Black accused person completed in adult criminal courts between 2016/2017 and 2022/2023 resulted in a guilty decision. This was equal to the proportion of cases involving Black accused persons that were withdrawn, dismissed or discharged over this period (42%).
  • Compared to the rest of the (non-Black) accused population, Black accused persons less often had their case result in a guilty decision and more often had it withdrawn, dismissed or discharged. 
  • Black accused persons most often received a guilty decision for cases where the most serious offence was a Criminal Code traffic offence such as impaired driving (69%) or an administration of justice offence such as breach of probation (49%), and least often for cases where it was a violent offence (33%). 
  • Between 2016/2017 and 2022/2023, just under half of violent crime cases (47%) and property crime cases (46%) involving Black accused persons were withdrawn, dismissed or discharged.
  • Similar proportions of Black and non-Black accused persons were sentenced to custody upon being found guilty in adult criminal courts (29% versus 27%). Probation was the most common sentence handed down to both Black and non-Black accused persons. 
  • It took nearly two months longer for court cases involving Black accused persons to be completed in adult criminal courts between 2016/2017 and 2022/2023, compared to non-Black accused persons (219 versus 165 days).

Source: Criminal court outcomes of Black accused persons in Canada, 2016/2017 to 2022/2023

CMA: Black Canadians more likely not to fill prescriptions because of financial constraints, study finds

Another insightful study:

Black adults in Canada are more likely not to fill prescriptions because of financial constraints than white adults, according to a new study that highlights disparities in prescription medication coverage as a major barrier to equitable health care.

The study was published in the Canadian Medical Association Journal on Monday. Its authors concluded that the prevalence of cost-related prescription non-adherence – defined as the inability to fill a prescription or delaying, splitting or skipping doses because of financial pressures – was 75 per cent higher among Black adults than white adults.

Coverage for prescription medications was also lower among Black adults, the study showed. In 2022, for example, 72.5 per cent of Black adults were covered compared with 80 per cent of white adults. 

One of the study’s authors, Oluwabukola Salami, a Canada Research Chair in Black and racialized peoples’ health at the Cumming School of Medicine at the University of Calgary, said this study is the first of its kind and broadens the understanding of how Black Canadians experience health inequities.

“We know that Black people are more likely to have cardiovascular disease, to have certain types of cancer and to die from any of these conditions. But we always looked at how access to care is a challenge to Black people,” Dr. Salami said.

“This study presents new findings related to medication specifically.”…

Source: Black Canadians more likely not to fill prescriptions because of financial constraints, study finds

Activism/Advocacy

Amira Elghawaby entend poursuivre son combat contre la laïcité à la québécoise

Suspect may be harder given lack of a government platform and support staff and resources:

Amira Elghawaby, ancienne représentante spéciale du Canada, continue de s’opposer à la loi 21 sur la laïcité malgré l’abolition de son poste.

Bien que son poste ait été supprimé par le gouvernement de Mark Carney, elle se dit en paix et prévoit de rester active dans la scène publique.

Elle exprime des inquiétudes quant à l’efficacité du nouveau comité consultatif sur la lutte contre le racisme et la haine.

Source: Amira Elghawaby entend poursuivre son combat contre la laïcité à la québécoise

Jamie Sarkonak: The crusading judge who helped Liberals build a race-based sentencing regime

Sarkonak appears to be following judges with activist backgrounds as seen in her previous column on Justice Go.

There is a judge on the Ontario Superior Court of Justice whose signature move is letting violent men walk free because of racism. One of the architects of race-based sentencing, his name is Faisal Mirza, and he was appointed to the bench by former prime minister Justin Trudeau in 2022.

Mirza’s flourish of race-based acquittals is not a case of a judge gone rogue: indeed, it’s perfectly on-brand. He was writing about the need for more racial considerations in the Canadian justice system in 2001, before he even became a lawyer. Back then, he argued in the Osgoode Hall Law Journal that mandatory minimum sentences for drug and weapons offences would be racist because of the disproportionate impact they’d have on Black people.

Toronto police, he asserted, were racist because of the arrest statistics they produced: in 1988, Black individuals comprised 51 per cent of drug arrests, 82 per cent of mugging arrests and 55 per cent of purse snatching arrests. This, he said, was evidence of over-targeting. He concluded that more mandatory minimums would exacerbate the effect, because the threat of being convicted on a charge with a guaranteed jail term would disproportionately pressure Black accused persons to make plea deals and forfeit the opportunity to expose racist police at trial.

This became a career pursuit. When the Supreme Court was deciding whether to strike down the mandatory minimum for illegally possessing a loaded firearm in 2014, he argued as an intervener in the case that its disproportionate impact on Black individuals needed to be taken into account. The court ultimately ruled that this mandatory minimum was unconstitutional.

In 2018, Mirza laid the foundation for Ontario’s racial sentencing regime. He was the defence lawyer of Kevin Morris, a Black man who was convicted of various firearms offences. They were lucky to draw the hyper-progressive, destructively lenient Shaun Nakatsuru for a judge. Mirza filed two racial context reports about Morris and Black people as evidence, and the judge emphatically agreed to consider them. He settled on a 15-month sentence to account for the racial factors, even though three years was considered the starting point. On appeal, the Ontario Court of Appeal made racial considerations in sentencing the province-wide rule in 2021….

To his credit, there have been instances where Mirza refrained from applying a racial discount, and from tossing out evidence because of racism, but it doesn’t excuse the other times when he let his biases reign. It’s undeniable that he has a habit of projecting racism in assessing any interaction with the state and undermining public safety with his assumptions. One day, it’s going to end up getting someone hurt — if it hasn’t already.

Source: Jamie Sarkonak: The crusading judge who helped Liberals build a race-based sentencing regime

Dummit: How accommodation hollowed out Canadian nationalism

Not an easy country to govern given differing regional and group interests. Will be interesting to see how the (still) forthcoming revision to the Harper era citizenship study guide provides a cohesive and coherent national perspective:

….Taken as a whole, this legacy of national hesitation makes governing difficult. Is it any wonder that Carney spends so much time abroad signing international agreements? Foreign policy is one of the few areas where a Canadian government can still act as a single whole with relative clarity about the national interest.

But Carney’s real test will come when he finally returns home.

Canada’s genius has always been accommodation. But accommodation, repeated often enough, can gradually hollow out the idea that the country itself even has a single political purpose.

When Carney eventually tries to move forward with projects deemed nationally significant—whether mining developments, high-speed rail, or (God forbid) a new pipeline—he will run directly into Canada’s familiar pattern of internal division.

That’s when we’ll truly find out who is willing to embrace an “Elbows Up” style of nationalism. Until then, we’re left wondering: whose elbows? Defending which nation?

Source: How accommodation hollowed out Canadian nationalism

This woman is suing Canada for its ban on adoption under Muslim law

Inevitable that the ban would be challenged. Of course, this predominant affects Muslim families but perhaps a more appropriate challenge would be with respect to Pakistan’s application of kafala:

A Toronto woman is being denied the right to reunite with her adopted children because Ottawa does not recognize adoptions from Pakistan under Islamic rules, a court has heard.

Jameela Qadeer is the maternal aunt of Salman, Umme and Umm; she and her husband raised them as their own in Pakistan after her sister died of a brain hemorrhage in 2012. The Pakistani court has granted them guardianship of the kids and authorization to travel after their biological father, who was absent in their lives, abdicated his responsibility for their care.

An Ahmadiyya Muslim, a sect of Islam deemed heretical in Pakistan, Qadeer fled to Canada in 2017 and was granted asylum. However, her adopted kids have not been allowed to join her. Since 2013, Ottawa has stopped accepting adoption from Pakistan because it says the Islamic rules known as kafala only allow for guardianship of children, but do not sever biological ties as required by Canadian law.

In a fight to reunite the family, Qadeer and her sister’s children, along with two Muslim organizations, have taken the federal government to court, challenging the refusals of permanent residence to the children, and the constitutionality of Canada’s ban on recognizing adoption from Pakistan. 

They contend that Canada’s immigration policy has disproportionately affected Muslim families and denied them equality rights under the Charter, even when a guardianship arrangement following traditional kafala is permanent and sanctioned by a foreign court. 

“That categorical refusal does not only affect the individual applicants,” Armaan Kassam, lawyer for the National Council of Canadian Muslims told the opening of a three-day Federal Court hearing this week. “It affects Muslim families across Canada who adopt through foreign court-supervised guardianship processes.”

Warda Shazadi Meighen, lawyer for the children, said her clients’ biological father officially abdicated his responsibility in 2013 to Jameela Qadeer. Before leaving for Canada in 2017, Qadeer and her husband were granted judicial guardianship by a Pakistani court under national guardianship laws, giving them exclusive custody. ,,,

Source: This woman is suing Canada for its ban on adoption under Muslim law

Quebec Bill 21

Khan: In Quebec, laïcité has become its own kind of religious orthodoxy

Ironic but accurate:

…In the meantime, there is no legal recourse to challenge laws that are clearly discriminatory. Those primarily affected by these bills are veiled Muslim women – whom Quebec ostensibly wants to liberate, while strengthening gender equality. In its oxymoronic quest to impose freedom, then, the government is excluding those very women from the job market and impeding their financial independence. And it’s so 1950s to hear the high priests of laïcité – François Legault, Bernard Drainville – tell women what they can and cannot wear.

Given the situation, it’s time to tell the world about Quebec’s laïcité mission. Canadian embassies, high commissions and consulates should be clear to prospective immigrants (especially from la Francophonie) that their religious freedoms and expression will be curtailed in la belle province. Here at home, the federal government, along with the governments of Ontario, New Brunswick and Manitoba, should help those adversely affected by Quebec’s laws resettle in francophone communities in the rest of Canada, if they wish to leave. They deserve an opportunity to thrive without compromising their faith.

And finally, something must be done about the notwithstanding clause. Governments show no slowdown in its use, while the wider public seems unaware of its fundamental threat to basic freedoms. Perhaps a jarring public education campaign is in order, using the spectre of Donald Trump. After all, his administration has overseen attacks on domestic human rights, circumvented judicial warrants, tried to suspend legal protections to immigrants and denied equality before the law. Little wonder he wants to absorb Canada: The notwithstanding clause would allow him to do all that legally.

Source: In Quebec, laïcité has become its own kind of religious orthodoxy

Kutty | When parents are shut out of classrooms over what they wear, we have a problem

Absurd and unreasonable:

Two mothers in Quebec were recently told they could no longer volunteer at their children’s elementary school unless they removed their hijabs. For one of them, it meant being shut out of a classroom she had supported for years — not because of anything she did, but because of what she wears.

They are not alone. Across Quebec, people of faith — including Muslim women who wear hijabs, Sikhs who wear turbans, and Jewish Canadians who wear kippahs — are being pushed out of classrooms and public life unless they conceal visible expressions of their identity. In a separate incident, twelve Muslim women reportedly lost their teaching jobs because they refused to remove their hijabs. These are the lived consequences of Quebec’s secularism law, Bill 21, which prohibits many public-sector employees — including teachers, police officers and government lawyers — from wearing visible religious symbols while performing their duties.

The constitutionality of this law is now poised for its most consequential test. Canada’s Supreme Court is now hearing arguments in a landmark case examining whether Bill 21 violates fundamental rights, including freedom of religion and equality under the Canadian Charter of Rights and Freedoms. Quebec has invoked the notwithstanding clause — Section 33 of the Charter — a rarely used constitutional mechanism that allows governments to override certain fundamental rights, including freedom of religion and equality, for renewable five-year periods….

Source: When parents are shut out of classrooms over what they wear, we have a problem

Representation

StatsCam: Representation of women on boards of directors and in officer positions, 2023

Useful study with breakdowns:

Statistics Canada is releasing new data on the gender composition of leadership and strategic decision-making roles within publicly traded corporations, privately held corporations and government business enterprises operating across a variety of industries in Canada.

This data helps inform the objective “More company board seats held by women, and more diversity on company boards” and the indicator “Proportion of board members who are women, by type of board” in the Leadership and democratic participation pillar of the Gender Results Framework.

Additional information and other studies and statistics related to gender and enterprises can be found in the Gender, diversity and inclusion statistics hub, the Business performance and ownership statistics portal and in the Representation of women on boards of directors and in officer positions: Visualization tool.

Women hold just under one-quarter of director positions

In 2023, women occupied just under one-quarter (23.2%) of seats on boards of directors, increasing 0.5 percentage points over the proportion of women recorded in 2022 (22.7%). 

Just over half of boards (50.3%) did not include any women directors in 2023. In addition, 25.8% of boards had one woman director, while boards with two or more women directors accounted for 23.9% of the total. 

Educational services has the highest representation of women directors, followed by the utilities and finance and insurance industries

Educational services had the highest proportion of women directors in 2023, with women holding 35.3% of board seats. This reflects an increase of 4.9 percentage points from 2022. 

The utilities industry recorded the second-highest share in 2023, at 34.1%. Corporations in finance and insurance followed, with women representing 28.2% of board members. 

The agriculture industry had the lowest proportion of women directors, with women occupying 8.8% of board seats….

Source: Representation of women on boards of directors and in officer positions, 2023

Treasury Board not tracking impact of public service job cuts on equity groups

Will be curious to see the respective numbers of hirings, separations and promotions in the forthcoming TBS EE report. Hopefully, TBS will continue to provide the breakdowns by visible minority groups.

Slides from last year’s EE report.

Advocates are raising concerns about how job cuts will affect public servants in equity groups — something the Treasury Board of Canada Secretariat says it’s not tracking. 

The federal government has committed to cutting the number of public service jobs by about 40,000 from a 2023-24 peak of 368,000 as it looks to find savings.

Departments and agencies across the public service have started notifying staff of coming job cuts.

Barb Couperus, a spokesperson for the Treasury Board of Canada Secretariat — which oversees government operations — said the office does not collect information centrally on the impact of workforce adjustment on employment equity designated groups.

Equity groups include women, Indigenous people, people with disabilities and members of visible minorities.

Couperus said heads of departments are responsible for managing their workforces.

She said departments will continue to pay “close attention” to maintaining representation and meeting their obligations under the Employment Equity Act.

The act requires federally regulated employers, including the government itself, to take steps to eliminate employment barriers and maintain proportional representation in the workplace for members of equity groups.

During layoff periods, Couperus said, departments can prioritize keeping staff from equity groups if there are gaps in representation.

Nicholas Marcus Thompson, president and CEO of the Black Class Action Secretariat, said he is “disturbed” to learn the Treasury Board isn’t tracking the impacts of job cuts.

“What that suggests is that this is not a priority for this government,” he said.

Over the past five years, the government has hired approximately 5,000 Black workers throughout the entire federal public service, said Thompson. It also has increased the number of Black executives from around 99 in 2020 to more than 220, he said.

“What we’re seeing now is that those gains are being lost as a result of workforce adjustment,” said Thompson, adding his organization has started tracking data on workforce adjustment. “Many folks have reached out to us to find out what their rights are.

“Usually with workforce adjustment, the first to go are folks that were the last to come … So far our data is showing that, despite these equity gains, it’s now turning out to be equity losses.”

Thompson said his organization wants to see the government require equity impact assessments before workforce adjustment decisions are made. It also wants the government to be transparent about the process and publish data on which demographics are being affected.

Rabia Khedr, national director of Disability Without Poverty, said people with disabilities working in the public service will be feeling anxious.

“Generally speaking, a lot of times people with disabilities may be at an entry level position, so that makes them vulnerable,” said Khedr.

The most recent employment equity report for the public service says that as of March 2024, 9.7 per cent of federal executives were people with disabilities, up from 4.6 per cent in March 2019.

Khedr also said she’s unhappy about the lack of central tracking of the impacts of job cuts on equity groups.

“That then leaves it to the individual leadership within departments to make those critical decisions,” she said.

“It really depends on the leadership and their commitment to diversity and inclusion … There’s a risk that equity-denied groups might be more vulnerable in terms of who gets cut and who stays.”

Source: Treasury Board not tracking impact of public service job cuts on equity groups

Canadian citizenship test now entirely self-administered and online

Juno News caught this change. Deserves wider reading and concern given “take home test” is a further diminishment and integrity reduction of Canadian citizenship:

The majority of immigrants seeking Canadian citizenship will apply completely through a self-administered online citizenship test, which they will be permitted up to three attempts to pass.

The virtual format for the Canadian citizenship test, popularized throughout the COVID-19 pandemic, is now the default, according to new instructions from Immigration, Refugees and Citizenship Canada (IRCC).

Before 2020, citizenship tests were written in person by default. Applicants were generally given 30 minutes to complete the test. If they failed, they had one opportunity to rewrite it before being referred to a knowledge or language hearing.

The IRCC released updated information on Monday, formalizing a 45-minute time allotment for the online, self-administered test. Applicants must answer 15 of the 20 questions correctly.

Meanwhile, most citizenship ceremonies have also gone virtual, with the Conservatives pushing Ottawa to reinstate in-person ceremonies.

In December, Conservative immigration critic Michelle Rempel Garner calledon the Liberals to return to in-person ceremonies, which she called a “sacred event” where new Canadians “swear an out to the country and take on the responsibilities and obligations that come with citizenship.”

During a press conference in Ottawa, Rempel Garner said it was time for the Carney government to “restore the value of Canadian citizenship.”

“Last year, over half of the people who became Canadian citizens did so by clicking a box online. That’s crazy. There is no way to justify this practice, and with support for immigration at an all-time low, returning to inclusive nation-building ceremonies is a no-brainer,” she said at the time. “In person, citizenship ceremonies are the essential unifying bedrock of Canada’s civic life.”

She called for an immediate end to “one-click citizenship” and to “restore the full dignity and communal significance” of the in-person ceremonies for new Canadians.

“Just as with marriage, these are sacred events, and the responsibilities and obligations taken on swearing the Oath of Citizenship in front of an official should be upheld as an integral part of committing to those responsibilities that come along with being Canadian,” Rempel-Garner said. “The Liberals rejected every opportunity to restore in-person ceremonies. Justice Minister Sean Fraser even defended virtual ceremonies, saying the practice could be easier for bureaucrats to manage.”

This comes after the president of the Customs and Immigration Union, which represents the Canada Border Services Agency, revealed to an immigration committee that the majority of asylum claims are being done through an app. He warned Canadians that removing person-to-person interviews could compromise Canada’s security.

Source: Canadian citizenship test now entirely self-administered and online, Link to IRCC page Citizenship test: How the test works

March blogging break

Back in April.

Trump might order banks to verify clients’ citizenship. What’s so wrong about that?

Follow the money applies even more strongly to Trump, his family and his enablers:

…And while banks are required to adhere to anti-money-laundering and KYC rules and list where a customer lives, they are not currently required to collect and verify citizenship information.

If Mr. Trump signed such an executive order, it could require banks to retroactively get citizenship information from existing customers and collect it from new customers.

Politics and privacy aside, that task would be Herculean – and expensive. The costs would likely be passed on to customers.

Opponents of such a measure would say that once again, Mr. Trump is overreaching his authority. This has nothing to do with the integrity of the banking system and everything to do with his agenda.

Supporters would be quick to remind detractors that one of Mr. Trump’s top campaign promises was to crack down on illegal immigration. And while not everyone agrees with his tactics, don’t be so naive to think you can do the job by being soft, and this is what the majority of American voters said they wanted.

At the end of the day, it really comes down to the now infamous line from All the President’s Men, the 1976 film about the Watergate scandal. 

If you want to shine a light on corruption, “follow the money.” And that, presumably, is what such a measure would be meant to do.

Source: Trump might order banks to verify clients’ citizenship. What’s so wrong about that?