Cecily Zamora
Canada has regulated immigration since 1869, with laws and policies that have evolved over time in response to shifting social, political, and economic climates, as well as societal beliefs about race, desirability, and integration. The country's immigration system is designed to address its economic needs, with the majority of immigrants selected based on their potential to contribute to economic growth. Canada also has a history of promoting cultural diversity and inclusion, with multiculturalism as an official policy since 1971. While discrimination has been a historical feature of Canadian immigration policies, skill and education have been the primary criteria for determining entrance since the latter half of the twentieth century.
| Characteristics | Values |
|---|---|
| Immigration laws since | 1869 |
| Primary statute | Immigration and Refugee Protection Act (IRPA) |
| Other relevant legislation | Citizenship Act, Criminal Code, Immigration and Refugee Protection Regulations, and Protection of Passenger Information Regulations |
| Goals | Economic growth, family reunification, and compliance with humanitarian treaties |
| Categories for permanent immigrants | Family, Economic |
| Family class details | Permanent residents or citizens can sponsor a family member or spouse's entrance into the country |
| Economic class details | Admission for applicants (and their immediate families) who are likely to find employment and contribute to the economy |
| Rights of immigrants | Right to work, study, immigrate, become a permanent resident, or a citizen |
| Rights of refugees | Right to protection, sponsorship, and refugee claim |
| Rights of children | Right to be with a loving parent, right to protection from separation from parents |
| History of discrimination | Yes, based on race, ethnicity, and national origin |
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What You'll Learn
Immigration and Refugee Protection Act
The Immigration and Refugee Protection Act (IRPA) is an Act of the Parliament of Canada that outlines the country's immigration laws and regulations. It is the primary federal legislation regulating immigration to Canada and is administered by Immigration, Refugees and Citizenship Canada (IRCC) and the Canada Border Services Agency (CBSA). The IRPA came into force on June 28, 2002, replacing the Immigration Act, 1976.
The IRPA establishes a high-level framework detailing the goals and guidelines set by the Canadian government regarding immigration by foreign residents. It also includes the "Immigration and Refugee Protection Regulations" (IRPR), which specify how the provisions of the IRPA are to be applied. The IRPA covers a range of topics, including the responsibilities of the Minister of Citizenship and Immigration and the Minister of Public Safety and Emergency Preparedness.
The Act has undergone several amendments since its inception. One notable amendment occurred in 2008, when the government introduced a revised security certificate regime. This amendment addressed concerns raised in the 2007 case of Charkaoui v. Canada, where it was held that certain aspects of the scheme within the Act for the detention of permanent residents and foreign nationals on national security grounds violated the Canadian Charter of Rights and Freedoms. The 2008 amendment included the use of special advocates to review evidence summaries without disclosing information to the accused.
The Immigration and Refugee Board of Canada (IRB) is an independent administrative tribunal responsible for making decisions on immigration and refugee matters. The IRB operates within the framework established by the IRPA and is committed to ensuring that all decisions are made efficiently, fairly, and in accordance with the law. The IRPA also provides for refugee protection, allowing individuals to claim refugee protection and seek asylum in Canada. It outlines the process for sponsoring refugees and the rights and services available to them.
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Immigration and citizenship
Canada has had laws and regulations governing the admission of immigrants since 1869. The Immigration Act of 1869 focused on ensuring the safety of immigrants during their passage to Canada and protecting them from exploitation upon arrival. However, elements of discrimination have often been prominent in Canadian immigration policy. For example, in the early 20th century, Canadian officials created numerous obstacles for Black immigrants, driven by pervasive domestic racism. The Immigration Act, 1976, was the first immigration legislation to clearly outline the objectives of Canadian immigration policy, define refugees as a distinct class of immigrants, and mandate the Canadian government to consult with other levels of government in the planning and management of immigration. It also gave more power to the provinces to set their own immigration laws.
The primary statute regarding immigration and refugee law in Canada today is the Immigration and Refugee Protection Act (IRPA), accompanied by the Immigration and Refugee Protection Regulations and Protection of Passenger Information Regulations. IRPA was first introduced in 2002 and replaced the former Immigration Act of 1976. It includes broader discretion for immigration officers when evaluating applications and focuses on economic growth, family reunification, and compliance with humanitarian treaties. IRPA also outlines the rights and responsibilities of Canadian citizens and permanent residents, including the ability to sponsor family members or refugees.
Canadian immigration and refugee law concerns the admission of foreign nationals into Canada, their rights and responsibilities once admitted, and the conditions of their removal. Under Canadian policy, permanent immigrants are categorized by Immigration, Refugees and Citizenship Canada (IRCC) into two classes: Family and Economic. The Family class allows permanent residents or citizens to sponsor a family member or spouse's entrance into the country. The Economic class provides admission to applicants (and their immediate families) who are likely to find employment and contribute to the Canadian economy.
Canada has a history of promoting multiculturalism and recognizing the cultural diversity of its immigrants as a key component of Canadian identity. Since the latter half of the 20th century, skill and education have been the main criteria for determining entrance into Canada, although some elements of discrimination still remain. Canada's immigration legislation reflects the country's changing beliefs and its history of inclusion and exclusion.
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Refugee law
Canada's Immigration and Refugee Protection Act outlines the rights and protections afforded to refugees and asylum seekers in the country. This federal law ensures that individuals seeking refuge in Canada have the right to claim asylum and be considered for refugee status. The Act also mandates that all refugee claimants undergo health and security screenings, including biometric checks and security and criminality checks.
Under the Immigration and Refugee Protection Act, Canada adopts the United Nations (UN) definition of a Convention refugee. This definition states that refugees are people who have a well-founded fear of persecution based on race, religion, political opinion, nationality, or membership in a particular social group. Additionally, the Act defines a person in need of protection as someone who would face a personal danger of torture, a risk to their life, or cruel and unusual treatment if returned to their home country.
When claiming asylum in Canada, individuals must follow specific procedures. All refugee claimants must enter Canada through designated ports of entry, as entering irregularly is a violation of the law. Upon arrival, claimants undergo an immigration examination conducted by an officer, who will determine their eligibility to make a claim. If eligible, claimants may access social assistance, education, health services, emergency housing, and legal aid while awaiting a decision on their claim.
During the asylum process, refugees and asylum seekers in Canada are guaranteed certain rights and freedoms. These include the freedom of religion, thought, expression, and peaceful assembly, as well as the right to participate in political activities and access public and private banking services. They also have the right to move freely within Canada and choose their place of residence, although periodic reporting to governmental institutions may be required. It is important to note that asylum seekers cannot leave Canada temporarily while their application is being processed.
Canada's commitment to protecting refugees is further demonstrated by its signing of the Safe Third Country Agreement (STCA) with the United States. This agreement ensures that refugee claimants seek protection in the first safe country they arrive in. However, it is important to note that failed refugee claimants under removal orders may not be eligible for social assistance, and they are expected to respect Canada's immigration laws and leave voluntarily or face removal by the appropriate authorities.
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Immigration history
Canada has regulated immigration since 1869, with laws and border controls that have evolved over time. The country's immigration legislation has been shaped by the social, political, and economic climate, as well as beliefs about race, desirability, and integration.
The Immigration Act of 1869, Canada's first immigration policy, focused on ensuring the safety of immigrants during their journey to the country and protecting them from exploitation upon their arrival. However, elements of discrimination were prominent in Canadian immigration policy during this period. The open-door approach of the late nineteenth century gradually gave way to more restrictive measures that discriminated based on race, ethnicity, and national origin.
In the 1880s, a large number of Chinese labourers came to Canada to work on the Canadian Pacific Railway. This prompted the appointment of the Royal Commission on Chinese Immigration, which aimed to regulate Chinese immigration. The Chinese Immigration Act of 1885 was the first legislation to explicitly exclude immigrants based on their ethnic origin, imposing a $50 duty on every Chinese person seeking entry. The duty increased over time, reaching $500 per person in 1903. This period also saw the emergence of discriminatory legislation and social practices that denied Chinese, Japanese, and South Asian individuals the right to vote, practise law or pharmacy, and participate fully in society. An order-in-council went so far as to ban immigration from India and South Asian countries, causing the South Asian population in Canada to drop to approximately 2,000, mostly Sikhs.
In 1904, the Royal Commission on Italian Immigration was called to investigate the exploitation of Italian labourers by employment brokers known as padroni. The Immigration Act of 1906 introduced more restrictive policies, expanding the categories of prohibited immigrants and formalising a deportation process.
Canada's immigration policy became more inclusive in the latter half of the twentieth century. In 1967, the country liberalised its immigration policy by introducing a "points system" that prioritised skill and education as the main criteria for entry. Canada further affirmed its commitment to inclusion by officially adopting multiculturalism as a policy in 1971, recognising the cultural diversity of its immigrants as a key component of Canadian identity. In 1978, Canada enacted a new Immigration Act that reflected its commitment to the resettlement of refugees from oppression, integrating refugee admission into its immigration law.
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Immigration violations
Canada has strict laws regarding immigration and takes immigration violations very seriously. The Canada Border Services Agency (CBSA) is responsible for Canada's border security and ensuring that individuals who are unauthorized do not enter the country.
In one notable incident in 2014, the CBSA arrested 21 individuals for immigration violations in Toronto. These arrests were made during vehicle spot checks and at coffee shops, where individuals were asked to produce identification and were arrested on suspicion of being in the country illegally. These individuals were found to be in violation of Canada's Immigration and Refugee Protection Act (IRPA). Such incidents highlight the importance of maintaining proper immigration papers and permits to retain legal status in Canada.
Additionally, there are measures in place to protect individuals from criminal liability for immigration-related activities when assisting vulnerable populations in terrorist-controlled areas. This is known as the Authorization Regime and is intended to provide a legal shield for those engaging in humanitarian efforts.
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Frequently asked questions
The Immigration and Refugee Protection Act (IRPA) is the primary statute regarding immigration and refugee law in Canada. It was first introduced in 2002 to replace the former Immigration Act of 1976.
The goals of the Immigration and Refugee Protection Act include economic growth, family reunification, and compliance with humanitarian treaties.
According to Canadian policy, permanent immigrants are categorized into two groups: Family and Economic. The Family class includes persons closely related to one or more Canadian residents who live in Canada, while the Economic class includes skilled workers, caregivers, or business persons.
Canada's immigration and refugee laws have been criticized for not adequately considering the best interests of children. There have also been concerns about discrimination in immigration policies, with a historical focus on race, desirability, and integration.
