Bill C-43 – the Faster Removal of Foreign Criminals Act

The Conservative Government has introduced Bill c-43, the Faster Removal of Foreign Criminals Act.  The changes are:

 Current

Changes

1) Eligible individuals may file an appeal to the Immigration Appeal Division (IAD) if sentenced to less than two years imprisonment inCanada. Eligible individuals could file an appeal to the IAD only if sentenced to less than six months’ imprisonment inCanada.

For example, a permanent resident who has lived in Canada since he was a child and who was sentenced to 6 months in jail (including a suspended sentence) for assault would no longer be eligible to appeal a removal order.

2) Foreign nationals who are inadmissible on the most serious grounds have access to humanitarian and compassionate (H&C) provisions to overcome their inadmissibility. Foreign nationals inadmissible on the grounds of security, human or international rights violations, or organized criminality would no longer be able to apply under H&C provisions.

For example, a former war criminal would be ineligible to request H&C considerations as a way to delay removal or remain in Canada permanently no matter how long the person has lived in Canada and no matter how many Canadian citizens are dependent on the person.  There will be no discretion.

However, the Minister may, at his own initiative, determine an individual who is inadmissible to Canada on the grounds of security, human or international rights violations, or organized criminality to be admissible to Canada.

3) Prior to a recent Federal Court of Appeal decision, the Minister of Public Safety was obligated to consider a wide range of factors (including those not related to national security and public safety, such as H&C) when deciding whether to grant a request for relief from inadmissibility (on grounds of security, certain human or international rights violations, or organized criminality). This legislation would codify the court’s decision. The Minister of Public Safety could only take national security and public safety factors into consideration, and not factors such as H&C, when deciding to grant a request for relief from inadmissibility (on grounds of security, certain human or international rights violations, or organized criminality).
4) There is no discretionary Ministerial authority to deny temporary resident status on the basis of public policy considerations. The Minister of Citizenship and Immigration to deny temporary resident status for up to three years on the basis of public policy considerations.

For example, the Minister could presumably use this authority to deny George Galloway entry to Canada.

5) Foreign nationals are admissible to Canada when travelling without their family member who is inadmissible on any grounds. Foreign nationals would be inadmissible to visit Canada if the foreign national has a family member (accompanying or not) who is inadmissible on grounds of security, human or international rights violations, or organized criminality.

Foreign nationals would be admissible for temporary entry to Canada when travelling with a family member who is inadmissible on grounds of serious criminality, criminality, health, finance, misrepresentation or non-compliance.

6) Individuals receive a two-year inadmissibility period for misrepresentation. Individuals would receive a five-year inadmissibility period for misrepresentation as well as a five-year ban on applying for permanent resident status.
7) There is limited authority to impose conditions on those involved in an immigration application; to verify compliance with conditions; or to set consequences for breaches of conditions. The legislation would allow for regulations which could impose conditions on those involved in an application (e.g. employers or educational institutions), permit officers to verify compliance with conditions, and set consequences for breaches of conditions.
8) In cases of individuals who have been reported or ordered removed fromCanadaon security grounds, or who are the subject of a security certificate, it is entirely at the discretion of the officer, the Immigration Division or the Federal Court whether to impose conditions on such individuals, and which conditions to impose. Mandatory minimum conditions prescribed in regulations would be imposed on non-citizens in Canada who have been reported or ordered removed fromCanadaon security grounds, or who are the subject of a security certificate.
9) Some foreign nationals have contested the legislative authority of the CBSA to require applicants to attend interviews with CSIS. A clear statutory obligation would exist for applicants to attend an interview withCSIS when requested to do so by an officer.
10) Permanent residents may renounce their status through anadministrative process. Permanent residents would be able to formally renounce their status through an application process.
11) Ministerial relief must be requested, but there is no formal process regarding how a request for relief is made.

The Minister of Public Safety may grant relief on the Minister’s own initiative, but this authority is implicit.

Inadmissible persons seeking Ministerial relief would have to submit a formal application. The Minister’s authority to grant relief on his or her own initiative, without a formal application, will be explicitly spelled out in the Act.
12) Foreign nationals or permanent residents are inadmissible on security grounds for any act of espionage against any democratic government, process or institution. Foreign nationals or permanent residents are inadmissible on security grounds for any act of espionage against Canada or contrary to the interests of Canada.

 


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