What Ontario’s Election Means for Newcomers
How Ontario’s Parties Stack Up on Immigration and Refugees
Ontario’s upcoming provincial election falls on June 7, 2018. Three main contenders are vying for voter support: Kathleen Wynne, incumbent premier and leader of the Ontario Liberal Party; Ontario NDP leader Andrea Horwath; and Ontario Progressive Conservative leader Doug Ford.
The election has been a divisive one, with candidates sparring over issues ranging from taxation to education and everything in between. But how do the parties compare on issues pertaining to immigration and refugees?
LIBERALS
The Liberals’ “Care over Cuts” campaign is using their 2018 Ontario Budget as a policy platform. They have pledged to invest in childcare, healthcare, and social services, creating an increased deficit.
Their stance on immigration to Ontario focuses largely on economic immigration, with a commitment to continued support of the Ontario Bridge Training Program which is designed to help connect skilled immigrants to the job market.
Furthermore, the Liberals want to increase the number of economic immigrants coming to Ontario via the Provincial Nominee Program. Wynne’s Liberals specifically want to bring the total to 6,600 in 2018.
Other aspects of the Liberal platform discuss ongoing mental health support for immigrants in the form of a proposed $2.1 billion investment in supports and systems.
Refugees are only mentioned twice in the Liberal Party’s full platform text, once as a confirmation of a promise kept from the previous election to welcome more Syrian refugees, and the second time confirming their ongoing commitment to an inclusive province.
NDP
The NDP pledges heavy investment in healthcare and social services, projecting multi-year deficits. These deficits would be paid for in part by increasing taxes for high-income earners, corporations, luxury cars, and real estate in the form of a speculation tax for non-Ontario residents.
As part of their official platform, the NDP has committed to removing gaps and barriers to healthcare, including a promise that all Ontario residents will have access to care, regardless of their immigration status.
The party cites this as the humane thing to do and has further committed to ending the practice of holding federal immigration detainees in provincial correctional facilities.
Perhaps most notable among the NDP’s promises is their commitment to declare Ontario a sanctuary province, a location where people can “access basic services without fear, regardless of their immigration status.”
Though the commitment to declaring Ontario a Sanctuary Province has been met with skepticism and criticism by some, it should be noted that, as a Toronto city councillor, Doug Ford supported a motion to make Toronto a sanctuary city.
The NDP has also pledged, in response to questions from the Ontario Council of Agencies Serving Immigrants, that they would continue to support employment initiatives for newcomers to Canada, including ongoing language training in Northern Ontario.
PROGRESSIVE CONSERVATIVES
The Conservatives also put out a campaign platform in the final week before the election. Doug Ford has pledged to balance the books and cut $6 billion from the province’s budget.
Ford wants to remove the planned minimum wage increase from $14 to $15 next year. In its place, he would provide an income tax credit for those who earn minimum wage. Those who earn less than $28,000 per year would pay no income tax, which could benefit immigrants and refugees attempting to build a new life in Ontario.
The Conservative platform makes specific mention of immigration once, with a pledge to reform the foreign credential recognition process to help qualified immigrants come to Ontario. This is intended to help them make contributions to the economy to their fullest potential immediately.
ONGOING CONTROVERSY?
However, the PCs have courted controversy over Ford’s comments regarding immigration, not to mention the comments of certain PC candidates.
In a mid-May debate, the NDP and Liberals said they would consider an immigration pilot project to help the declining population and workforce in Northern Ontario, Ford said he would want to take care of residents in Northern Ontario first before giving jobs to skilled immigrants, even though this goes against what some northern municipalities are asking for.
Horwath commented that perhaps Ford had missed the point of the question, and added that these municipalities are looking for population as younger residents head towards urban centres.
Following the debate, Ford was asked to explain his comments in a news conference. It was here that Ford made the pledge to help qualified immigrants find work in Ontario, adding, “We take care of new Canadians … We take care of immigrants coming to this country.”
More recently, PC candidate Ripudaman Dhillon has been accused of defrauding four ex-clients of thousands of dollars, having promised to help bring family members to Canada, “only to see their immigration applications denied.” Ford is standing behind his candidate.
Regardless of whichever party wins the election on June 7, all parties have outlined various policies relating to immigration and refugees. As the NDP and PCs enter the neck-and-neck final stretch, it seems that Ontario is in for a change, one way or another.
Safe Third Country Agreement Reduces the Number of Refugees Who Can Seek Canada’s Protection
Important to Note That 50 Percent Of Asylum Claims Made By Persons Who Enter Canada Irregularly Are Granted
Between January 1st and April 30th of this year, more than 7,600 migrants have crossed the border between Canada and the United States without going through an official border post, or irregularly. These migrants have crossed irregularly because the Safe Third Country Agreement (STCA) between the United States and Canada ensures that if they presented themselves at an official Canadian port of entry, they would be turned away with few exceptions.
Faced with growing pressure to prevent irregular migration at Canada’s unofficial border, Canada’s Immigration Minister Ahmed Hussen said, in a recent interview, “We do not appreciate or welcome irregular migration.” He went on to add that people who do not need Canada’s protection should apply to immigrate via the formal immigration processes. This statement reiterates the government’s attempts to dispel the myth that immigrating to Canada is easy if you cross the border irregularly.
Hussen’s statement comes after reports of pamphlets for border crossers were found circulating in Plattsburgh, New York. Plattsburgh is the last stop for asylum seekers who plan to cross the Roxham Road border into Quebec. These pamphlets described what to expect when crossing the border both irregularly and at an official port of entry, along with legal aid information. It also cites the STCA and how entering at an official port of entry may result in being turned away and detained.
The Conservatives have said that Hussen and the Liberals aren’t doing enough to stop this influx of irregular border crossers and are demanding a change to the STCA to put an end to irregular migration, suggesting that the entire Canada-U.S. border should be made an official port of entry, “so that the 'safe third country' prohibition on entry is extended to cover the entire border.” They reason that this would close the loophole in the STCA that makes it possible for those to claim asylum after crossing irregularly.
Wading through the morass of conflicting information and opinions about the STCA can be difficult and confusing. Here are a few facts about the STCA and the role that it plays in protecting individuals with a well-founded fear of persecution in their country of origin – or not.
In effect since December 2004, the STCA stands for the notion that Canada and the United States have each declared the other country safe for refugee claimants and established the principle that asylum seekers must claim protection in whichever country they reach first. However, in the wake of anti-immigration and anti-Muslim rhetoric and measures adopted by the United States President, the reality is that the United States is no longer a safe country for all asylum seekers and does not have the same procedural protections afforded to refugee claimants.
Many of these people do have a well-founded fear of persecution. It is noteworthy that over 50 percent of asylum claims made by persons who enter Canada irregularly are granted by the Immigration and Refugee Board, the independent body tasked with hearing claims for refugee protection and deciding whether to accept them.
The Conservative’s proposal is unreasonable, as acknowledged by the Immigration Minister, because Canada would have to post customs officials at every 100 metres along the border. More importantly, many irregular migrants to Canada are at grave risk of return to their country of origin by a US administration with a very different stance towards refugees; present-day United States is a vastly different country than the one that originally signed the STCA in 2004.
Many organizations and advocacy groups are also calling for changes to the STCA. However, unlike the Conservatives, they strenuously oppose the STCA because they believe the designation of the United States as a safe country violates refugee rights under international law and the Canadian Charter of Rights and Freedoms.
While Mr. Hussen has agreed that the STCA is in need of an update, his recent statements reflect significant shortcomings that call for action. It is imperative that Canada recognize that an agreement whose purpose and effect is to reduce the number of refugees who can seek Canada’s protection is unacceptable.
Facts and Myths About Refugees in Canada
Pushing Back Against Misinformation and False Facts About Immigration in Canada
As long as violence and conflict persist throughout the world and populations are subjected to violence and persecution, refugees will look to other countries such as Canada as a safe haven and home. Canada’s history of welcoming and supporting refugees from around the world spans decades.
But the recent influx of refugees making news headlines, coupled with how quickly information and misinformation can spread via social media, has perpetuated several myths about refugees throughout Canada. These myths support bias and prejudice and contribute to ongoing anti-refugee sentiment.
While determining the accuracy of a headline may seem like a straightforward process, refugee lawyers and advocates often have an uphill battle pushing back against misinformation. Here are some of the most common myths about refugee rights and admittance to Canada and the truth behind them.
5 Myths and The Facts Behind Them
Myth: Refugees Get More Financial Aid than Canadian Pensioners | Fact: Refugees Receive Minimal Financial Support
Government-sponsored refugees receive minimal financial support (if any) during their first year in Canada for basic food and shelter costs. In fact, in Ontario, an individual refugee may receive $781 per month, in addition to a one-time allowance payment of $905 and a $564 loan for housing rental and telephone line deposits.
Privately-sponsored refugees do not receive any support from the government when they arrive. It is up to their sponsors to cover their living costs until they can find employment or other sources of assistance.
Financial assistance for any refugee is not more than social assistance for Canadians.
Myth: Asylum Seekers Jump the Queue | Fact: Refugee Claims Do NOT Affect Other Immigration Applications
Under international law, refugees fleeing violence and persecution have a right to seek asylum in another country. And this application process is handled within a different stream of Canada’s immigration system. As such, refugee claims do not interfere with other types of immigration applications.
Myth: Criminals Pose as Refugees to Enter Canada | Fact: Entering Canada as a Refugee is Difficult Due to Intense Security Scrutiny
Refugees undergo strict background checks and security screenings before their claims are processed. If any claimant poses a security risk, has a serious criminal background, has participated in organized crime, or has committed a human rights violation, they can be detained and not admitted to Canada.
The Canadian Security Intelligence Service (CSIS) checks all refugee claimants once they arrive in Canada. In fact, entering Canada as a refugee is far more difficult than as a visitor due to the number of security checks and lengthy and detailed interview process. The number of claimants who pose any sort of threat or security concern is statistically insignificant.
Myth: Refugees and Immigrants Contribute to Higher Crime Rates | Fact: Immigrants and Refugees Commit Fewer Crimes than Native-Born Canadians
Immigrants and refugees commit fewer crimes than other Canadians and are underrepresented in Canadian prisons. Just like any other population, there will always be a few who engage in criminal activity, but most people are law-abiding.
Furthermore, compared to other nations, Canada still has a remarkably small number of refugees per capita, according to a 2015 study. This United Nations High Commission for Refugees study found that Canada was home to around 4 refugees per 1,000 people.
Myth: Refugees Are a Burden on the Canadian Economy | Fact: Refugees and Immigration Actually Help the Economy
With Canada’s low birth rate and aging population, immigrants and refugees help keep the economy stable by contributing to the declining workforce and economy. In fact, refugees who become entrepreneurs actually help create job opportunities in Canada.
What's more, refugees do not take jobs from Canadian citizens. Refugees and immigrants contribute to the size of Canada’s working population and tax base in a big way, and the children of immigrants and refugees tend to outperform those of “natural-born” Canadians, academically and professionally.
Why It's So Important to Dispel These Myths
These myths are harmful to Canadian society. Compared to some other countries, Canada is fairly tolerant and values diversity. But if more people believe the myths they read online, then more people could develop an unfounded bias toward refugees in Canada.
How Canada Processes Refugee Claims At Irregular Border Crossings
Refugee Claimants Do Not Jump the Queue, nor Are They Guaranteed to Stay in Canada
The Canadian Government recently announced new measures to handle asylum seekers crossing at irregular borders. Public Safety Minister Ralph Goodale warned that this method of entering Canada is “no free ticket to Canada,” and “all Canadian laws will be enforced” along with Canada’s international obligations.
These messages come as more asylum seekers are crossing into Canada at irregular borders. With the removal of Temporary Protected Status for many in the U.S. and the spread of misinformation about asylum claims in Canada, this year’s influx of irregular border crossers is already showing signs of being greater than 2017’s.
Furthermore, the Canadian Government is attempting to dispel myths about claiming asylum, including the concern that these asylum seekers are queue jumping. Claimants might be more successful working with a refugee lawyer through official channels.
No Free Ticket
In Canada’s immigration system, asylum seekers are part of a separate category that doesn’t affect other immigration categories. Their refugee claim will be processed and if referred to the Immigration and Refugee Board (IRB), then adjudicators will decide whether to accept or deny their claim.
Immigration, Refugees and Citizenship Canada (IRCC) handles other immigration categories, including Family Class, economic immigration, and refugees resettled from overseas.
Since the IRB and IRCC operate independently, the asylum seekers crossing at irregular borders do not “jump the queue” for immigrants and the refugees resettling through the IRCC.
The asylum claims category is also further separated into three streams:
- Asylum claims made at official Canada-U.S. land border ports of entry;
- Asylum claims made at Immigration, Refugees and Citizenship Canada or a Canada Border Services Agency Office inland; and
- Asylum claims made by those who have irregularly entered Canada between official ports of entry.
After entering Canada at irregular borders, asylum seekers must go through the regular refugee claim assessment process, which is not trivial and has no guarantees.
The Safe Third Country Agreement
Under the Safe Third Country Agreement between Canada and the U.S., refugee claimants must request refugee protection in the first safe country they arrive in unless they qualify for an exception to this agreement.
However, the Safe Third Country Agreement does not apply at irregular border crossings. As such, many refugee claimants have crossed the United States border in this manner with the express goal of making an asylum claim in Canada’s borders.
Detention and Screening
Security personnel arrest and detain asylum seekers attempting to make refugee claims at an irregular border. The RCMP intercepts these individuals as standard protocol, who then undergo rigorous background and security screenings, including:
- Criminal history checks,
- Security checks,
- Health checks, and
- Comprehensive questioning.
Eligibility Screenings
The RCMP or immigration officers then determine if an asylum claim can even be made, specifically whether a claim and claimant meet refugee eligibility requirements.
If they are deemed ineligible to make an asylum claim, they:
- May not file a refugee claim;
- May be allowed a risk assessment; and, if not
- Must leave Canada or be removed.
Asylum Claim Processing
Independent decision makers at the IRB process these claims, and decide whether to accept or refuse them.
If refused, the asylum seeker must leave Canada or be removed. But if accepted, the claimant receives protected person status and may apply for permanent resident status.
While many are concerned about the influx of asylum seekers entering Canada, the government is warning potential border crossers that they must meet specific requirements to have their refugee claims accepted.
Given the complexity of the process and the legal requirements that must be met, working with a refugee lawyer is a better avenue toward obtaining refugee status.
How to Apply for A Permanent Resident Card
Understanding the Application and Renewal Processes for these Important Documents
Changes to Canada’s entry rules have made Permanent Resident Cards (PR Card) a required document for residents travelling outside of Canada. When returning to Canada, a permanent resident must present this government-issued photo ID to successfully re-enter the country.
New permanent residents automatically receive their PR Card once they attain permanent resident status. However, they must contact Immigration, Refugees, and Citizenship Canada within 180 days of becoming a permanent resident to provide their Canadian mailing address. Missing that window of opportunity means the new residents will have to follow the more time-consuming application process.
Do You Need to Renew?
Applying for a card provides official, readily available proof of the person’s permanent resident status. If you travel outside of Canada, you will need to present your card and your passport when you come back on a commercial vehicle such as an airplane, boat, train or bus.
You should submit an application if any of the following reasons apply to your situation:
- Your PR card has or will soon expire;
- You missed the 180-day window with Immigration, Refugees, and Citizenship Canada;
- Your original card was lost, stolen, or damaged and you need a replacement card; or
- You need to change the sex designation on your PR card.
Applying can be a relatively straightforward process assuming the PR meets all the requirements. However, if the individual has been outside of Canada and does not meet the physical presence requirement of 2 out of 5 years, then an immigration lawyer will have to explain the reasons for this and present any humanitarian and compassionate factors that apply to the person’s case.
If you are a permanent resident without a valid PR card, and you are not currently in Canada, then you must apply for a Permanent Resident Travel Document to return to Canada. However, once again, if you do not meet all the requirements, the PR Travel Document can be rejected. As such, it is always advisable to seek advice from an immigration lawyer on your eligibility before submitting your application.
Application Process
If you meet all the requirements to apply for your permanent residency care, you can prepare and submit your application. However, you must thoroughly and accurately complete the steps for the PR card application process. It is advisable for you to speak to an immigration lawyer to determine if they need to prepare an affidavit and legal submissions on your behalf to be submitted along with your application. In this regard, you can contact a permanent resident lawyer.
Step 1: Gather the Required Documents
Your application must include the following documents:
- A completed checklist of all the required documents;
- Your PR card if you are replacing a damaged card;
- A photocopy of your main identity document. This could be a passport, travel document, or certificate of identity. It must have your name, photo, date of birth, issue and expiry date, and the document type and number; and
- Two recent (taken within the last six months) identical photos of yourself that meet photo specifications.
Step 2: Fill Out Your Application
You must fill out the application forms accurately and completely and ensure that you do not misrepresent or withhold any information. You may also fill out a form to appoint a representative, such as a permanent resident lawyer, to help you complete this application.
Step 3: Pay the Application Fee
Pay the application fee of $50 CAN online for a PR card. Make sure to attach a copy of the receipt of this payment to your application.
Step 4: Submit the Application
Once you have gathered all the required documents, filled out the forms, paid the fee, and completed the application checklist, send your application to the Immigration, Refugees and Citizenship Canada (IRCC) processing centre.
The IRCC will send you an Acknowledgement of Receipt (AoR) of your application. The IRCC will also send your card in the mail, or a letter telling you where to pick up your new PR card.