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Immigration Legislative Review

CERIS Response to Advisory Group Request for Consultation
November, 1997

Summary

A major component of CERIS' policy-oriented research during the past year was our participation in the process of the Immigration Legislative Review. CERIS' meetings with the Immigration Legislative Review Committee were coordinated by Dr. Scot Wortley of the Centre for Criminology at the University of Toronto. Based on these discussions and further review of the literature CERIS Director Dr. Morton Beiser prepared a position paper on the issues under review, published in June, 1997. Contributions to the paper were made by Drs. Sarah Wayland, Geoff King, Laura Simich, Edward Opoku-Dapaah, and Xiofeng Liu. Topics covered in this comprehensive paper include the protection of immigrants, managing the system of immigration, economic integration of immigrants, immigration and the family, and goals for Canada's immigration system. Later in the year CERIS was active in monitoring and facilitating public discussions of the issues raised by the recommendations that arose from the review process.

Contents:

In 1867, one in 6 people living in the new country of Canada was born somewhere else. Over the 130 years since then, the ratio of foreign to native born residents has remained constant. National debate about immigration policy is another constant.

Today, Canada admits approximately two hundred thousand people per year as immigrants. Do we admit enough immigrants to help us progress as a nation? Do we treat immigrants fairly and, in the process, make the most of the talents, energy and financial capital they bring to Canada? Or do we admit too many? What is the optimal balance between independent and family class immigration? Does immigration create unemployment and neighbourhood unrest? Does it add to the burden of already stretched school systems, social agencies and health care facilities?

About twenty thousand of the two hundred thousand people who come here each year to live are refugees fleeing war or persecution. Countries admit immigrants in the hope that they will contribute to the common good. Admitting refugees is an act of compassion. According to the United Nations High Commission on Refugees, there are more than twenty-five million refugees in the world today. Do we take in enough to justify Canada’s reputation for, and commitment to humanitarianism? On the other hand, how much compassion can a country afford?

With such pressing questions as background, the Immigration Legislative Review is both timely and important. This position paper, from the Toronto Joint Centre of Excellence for Research on Immigration and Settlement (CERIS) addresses: I) Canada’ response to persons needing protection ii) immigration and the family iii) integration with a particular emphasis on the economy. Observations and recommendations are framed within the context of international immigration and refugee trends, as well as core Canadian values that guide our national response. The document stresses the need for legislation that goes beyond issues of selection to include an emphasis on resettlement. Paying attention to what happens to people after they enter Canada is at once a receiving country’s obligation as well as a wise investment. The paper does, however, include a section on managing the system of immigrant and refugee selection.

 

I. International Trends
Intentionally or not, the "Northern" industrialized democracies -- Western Europe, North America, Australia and Japan -- have all become immigrant destinations. The 1980s and early 1990s in particular witnessed an acceleration of migration movements from developing countries to the North. This was accompanied by a diversification of the means of entry for migrants, especially with the drastic increase in the number of asylum seekers. In addition, there has been a diversification in the countries of origin, especially with the opening of the former Soviet bloc. Canada is receiving migrants from more regions than ever before, but the largest increases are coming from Asia. Whereas immigrants born in Asia constituted 14% of the Canada's immigrant population in 1981, they were 25% by 1991 and had jumped to more than 50% by 1993. Simultaneously, there has been a drop in the relative proportion of flows from Europe to North America.

Though the number of potential migrants remains high, data kept by OECD member countries indicate that migration flows have stabilized since late 1992, largely as a result of control measures instituted by the receiving states. There has been a convergence in the policies adopted by immigration countries to control migration flows. These include:

(a) Revising the conditions of entry and residency for foreigners. Since 1992, France, Belgium, Switzerland, the Netherlands, and Sweden have all tightened requirements for family reunification and strengthened measures for deporting undocumented migrants and foreigners who pose a threat to public safety. Spain has been experimenting with quotas for new foreign workers. Japan's immigration laws remain very restrictive, in principle prohibiting the immigration of unskilled workers. In contrast to Japan and most European countries, Australia, the US, and Germany have shown much less restrictive attitudes toward the entry of new immigrants. Canada continues to favour relatively high levels of immigration, though in 1993 it significantly broadened and strengthened the criminality, security and control provisions of the Immigration Act.

(b) Revising policies related to the right of asylum. In response to the increase in the number of asylum requests in the early 1990s, many countries instituted new procedures to expedite the processing of applications. France, Belgium, Luxembourg, Spain, Portugal, the Netherlands, Germany, Austria and the UK have all modified laws to refuse entry to persons whose request for asylum is clearly unfounded. Most countries have moved towards a restrictive interpretation of the Geneva Convention. It could, however, be argued that recent decisions in both Canada and the US indicate a trend towards a broadening of the concept of refugee to include persons whose human rights, as defined in these two countries, are violated in their home countries.

(c) Erecting and enhancing control systems to detect undocumented migrants. Most countries have over the past decade instituted stricter border controls, workplace inspections, internal identity checks, and/or increased fines for hiring undocumented workers. In 1993, Canadian immigration officials were empowered to search undocumented arrivals, and provisions for detaining those arriving without identity documents were strengthened.

(d) Encouraging new types of migration. Temporary labour migration appeals to receiving states not wanting to deal with the long-term consequences of permanent migration. The migration of highly-qualified workers is becoming more common as well. Canada has policies that deal with both types of migration. Regarding the latter, Canada has skilled worker and business immigration programs in place. The 1993 immigration legislation places increased emphasis on general skills and the ability to adapt to life in Canada.

(e) "Burden-sharing" re: the mechanisms of immigration regulation. In the 1990s, there has been a devolution of migration-related decision-making outwards to private or non-state actors and downwards to local authorities. Attempting to reduce costs and decrease the political saliency of migration, countries have moved to delegate the responsibilities of immigration control to the private sphere, namely to airline carriers, transport companies, security services, and employers. Similarly, the integration of migrants has increasingly become the domain of civic actors such as churches, ethnocultural associations, and the family. These trends are all evident in Canada, including the creation of partnerships between the federal government and the provinces regarding immigration.

(f) Building international cooperation. Receiving states are working together to develop international measures in order to improve control of migration flows. Regular consultations among receiving states are held under the auspices of the European Union (EU), the Council of Europe, the OECD, and other international organizations. EU-member countries are currently working to harmonize asylum seeker policies (the Dublin Convention). The Schengen Agreement, which strengthens external borders while gradually lifting internal borders between the seven EU signatories, went into effect in 1995.

Although there is evidence of converging international trends with respect to immigration policy, the Canadian situation remains unique in a number of ways. First, with regard to policies governing entry and residence, Canada has not restricted access to its territory to the extent that European countries have. Canada recognizes immigration as a means to help meet the needs for population growth and economic expansion. Second, among all industrialized countries, Canada has one of the most generous rates of acceptance of refugee claims: in 1992, when Italy, Belgium, and Norway granted asylum to only 10 percent of refugee claimants and Germany to only 4 percent, Canada accepted more than 50 percent of refugee claims.

For the foreseeable future, Canada will continue to be a favoured destination for would-be migrants. The demographic, economic, and political imbalances between North and South guarantee that migration pressures will persist. Pressures will only abate when the countries of emigration implement quality development policies that create infrastructure and generate employment. The immediacy of development needs are especially acute in light of the "brain drain" phenomenon: most emigrants are relatively well-educated and wealthy. Those left behind have the fewest resources and are thus least able to generate improvements in their own regions.

 

II. Canadian Values and Canadian Immigration and Refugee Policies

Canada's immigration and refugee policies must be grounded in our national values, most particularly recognition of the value of immigration, a commitment to equity and mutual respect, and compassion for the persecuted and threatened. We must explicitly articulate a theme that, to date, has received insufficient recognition: our obligation to newcomers does not end after they arrive in Canada. There must be an ongoing commitment that will help ensure successful resettlement. Principles to help guide this commitment include a recognition of the importance of family, and of the need to actively promote integration.

a) Acknowledging the importance of immigration

Language surrounding any new legislation must emphasize the positive impact of immigration, and must convincingly argue that the addition of new cultures, languages, resources and skills that accompany immigration will help ensure Canada’s readiness to face the twenty-first century. (This would stand in welcome contrast to the emphasis on control, enforcement and deterrence prominent in the discussion of Bill C-86.) Though immigration and refugee systems should be safeguarded against misuse by criminals and fraudulent claimants, it must also be recognized that the vast majority of persons who come to Canada are honest and hard-working.

In general , governments play a central role in defining the form and content of race-relations and immigration policies as well as the strategies for and extent of integration. Policy shifts -- and the rhetoric that accompanies them -- send signals to immigrants, their descendants, and even potential migrants. They also affect broader public opinion. When mainstream political parties and public officials refuse to lend credence to xenophobic rhetoric, they set the tone for tolerant and fair-minded public debate. Canada has been more effective at maintaining a tolerant atmosphere than have many European countries, but government officials must be vigilant in this regard.

b) Equity and mutual respect.

Since the days of the Chinese head tax, the "continuous journey" requirement that effectively kept South Asians out of Canada, and the infamous "None is too many" decision that barred asylum for Jews attempting to flee Nazi persecution, Canada’s immigration policies have vastly improved. Despite the non-discriminatory core of the Immigration Act of 1978, however, the system continues to favour certain persons over others. For example, the dozens of countries that are exempt from visitor's visa requirements are almost exclusively "Western" states. This could be construed as discrimination based on national origin. Similarly, Canada should ensure that its consulates in different regions of the world share equally efficient visa processing times. Canadian programs should operate with expediency as well as with a view towards keeping costs as low as possible. Nonetheless, excessive landing fees for immigrants to Canada impose undue hardships on persons who need as many resources as possible to ensure getting off to a good start in Canada.

c) Compassion

Canada's reputation for compassion and fairness means that we must be willing to extend assistance and protection to some portion of the persecuted and threatened peoples of the world. Because a refugee program has different objectives from an immigration program, its policies and programs should remain independent. Many members of the general public confuse immigrants and refugees. The confusion does injustice to both issues. There is an important role for government to play in public education in this area. There is also a need for educational efforts to offset a misleading emphasis promulgated by the media: for example, efforts should be made to stress that recent high-profile cases of abuse of the refugee system constitute exceptions rather than the norm. Although Canada’s treatment of refugees has received world-wide admiration, successive Canadian governments have been hesitant to confront public antipathy, particularly during periods of large-scale refugee movement or a public relations crisis.

 

III. Persons Needing Protection

There are more than 25 million refugees in the world. Ensuring their protection requires a coherent system of solutions, rather than multiple, national and unilateral responses that are incoherent and inconsistent. For example, multilateral conventions such as the "safe third country" provision could better promote refugee protection if they were explicitly designed to allocate responsibilities among nations. Furthermore, such agreements should provide that a refugee claimant is the responsibility of the country where the claimant first lands, and that countries would share the costs of refugee protection so that if one country receives only a few claimants it would assist those countries which receive more with the associated costs. The objective of such an agreement should not only be to secure practical working arrangements between states, but also to clarify the responsibilities of international agencies and their new role in a changed political situation.

Procedures designed to deflect asylum seekers from one's country to other countries are both more costly and less effective than multilateral efforts. They are more costly because a great deal of expenditure must be directed at preventing asylum seekers from reaching one's shores through measures such as issuing of visas, and carrier costs to check for improper documents. A review of practices in Western Europe since the 1980s suggests that stringent measures, such as detention, designated accommodation, employment restrictions, summary process, removals, carrier sanctions, and restrictive interpretations of asylum criteria, act as only temporary deterrents.

The magnitude of global refugee crises calls for joint responsibility and cooperation in order to achieve solutions. Although there have been some regional accords covering refugees, they can be criticized for offering only a limited degree of protection. It has, for example, been argued that the Schengen accord does not provide for community monitoring of clearly defined procedural standards for status determination, much less mandate fair-minded interpretations of the UN Convention's refugee definition. Moreover, the harmonization agreements give some states an incentive to offer only the lowest common denominator of protection. The "safe third country" provision obviates movement to a secondary country of asylum even if restrictive asylum practices in the first country of asylum or the availability of refugee networks that can provide assistance in one jurisdiction but that are unavailable in another might make such movement desirable. It has been argued that, because it promulgates the most restrictive community practices, the "safe third country" clause has become one of the most serious obstacles to an effective solution of the world's refugee problem.

Refugee protection demands international cooperative effort. Some authorities have observed that it would be cost effective if the sixteen Western countries adjudicating asylum claims had a common system. At minimum, a common documentation centre for all asylum adjudication countries would eliminate duplication in preparing country profiles. Joint efforts in information and counselling for those who do seek protection as refugees may indirectly enhance the capacity of systems to deal with demands for refugee status. Mandates need to be clearly explained, just as national institutional arrangements, including local non-governmental organizations, must be strengthened, both to ensure effective co-operation with relevant agencies, and to implement appropriate policies, standards and decisions.

The resettlement needs of persons admitted to Canada under refugee status require more attention than they have heretofore received. Although resources may be available to help refugees during the first year after arrival, the period of adjustment is far more protracted. For example, the traumatic experiences of Cambodian refugees have had long term effects resulting in the need for specialized services. Research suggests, during the first year after their arrival, these services were, by and large, not available. Perhaps as a result, the Cambodian refugee community’s need for such settlement services as, interpretation, documentation, health and escort services, remained constant during their first ten years in Canada, a period during which they might have been expected to diminish. Despite the fact that refugee communities view mental health as an important issue, and despite a widely circulated report by a federal task force charged with investigating the concern, there is little evidence that mental health considerations affect resettlement policy and practice. However, research documents the influence of mental health on such factors as employability, and family stability while refugees go about the task of integrating into Canadian society.

Inland refugee determination remains a difficult and controversial area. Despite new procedures designed to streamline the process, some claimants in Toronto still experience delays of up to three years before the adjudication of their cases has been completed. A recent study of Ghanaian refugees revealed that a combination of factors including pre-arrival trauma, sparse entitlements and protracted delays in obtaining legal status, encouraged passivity and financial dependency. It has been recommended that, in cases where the decision about a refugee claim is not reached within a year from the date of application, the asylum seeker should be granted a temporary residence permit, unless the responsibility for the delay lies entirely with the applicant. Although speed and efficiency are important in resolving claims, these goals should not be allowed to compromise legal standards. It should be acknowledged that complex cases may require protracted periods of adjudication.

Immigration officials posted at ports and other border officers deal with asylum seekers, yet it is unclear whether these officials are kept regularly informed about developments in this field, or whether they possess the special training relating to problems posed by asylum seekers, especially women and children.

Given that refugee counsel are typically schooled in the adversarial procedure, they present proof through the detailed examination of claimant and witnesses. Replacement or modification by means of a more investigative procedure has been recommended. Such a system would place no burden of proof on the refugee claimant. The role of counsel would become one of collaboration rather than struggle. Consequently, the determination process could be expedited through a more collaborative and investigative procedure in which questioning is undertaken by CRDD members themselves rather than by refugee counsel and RHOs, while existing procedural guarantees of the right to counsel and legal aid would be retained. For example, CRDD members rely on model reasons provided by the IRB for denial of claims from certain countries; this practice may be unfair and it may also undermine the independence of the CRDD members from executive influence.

The credibility of documentary evidence is a source of concern in refugee hearings. Information assembled by the IRB's Documentation Centres has frequently been called into question. Although refugee claimants are given an opportunity to refute adverse information used against them during refugee hearings, Board Members appear to give greater probative value to documentary evidence (often produced by the IRB's Documentation Centre) than to the claimant's testimony. Because no criteria (other than those generally used by regular libraries) have ever been laid down for the acquisition of material by the Resource Centre, little is known about the sources used in its production of documents. This is problematic, considering that the Documentation Centre provides information to Board Members upon which important decisions are based.

Although the post-1989 refugee-determination procedure provides all refugee claimants with an oral hearing, the legislation overlooks the importance of a reasonable and fair access to appeal. Procedures that limit appeals and judicial reviews violate the guarantee of fundamental justice given by the Canadian Charter of Rights and Freedoms, and the guarantee of a fair hearing given by the Canadian Bill of Rights.

Durable solutions for the root causes of displacement continue to be elusive. It is imperative that Canada continue its tradition of generosity and compassion towards refugees. A coherent strategy for meeting such an obligations calls for a well coordinated international approach, burden sharing, and clarification of Canada's precise role within multilateral efforts. With respect to asylum seekers, experience suggests that sophisticated ways of controlling frontiers do not adequately address the complexities of the issue. A fair asylum determination procedure should be coherent, corroborative and placed in the hands of qualified officials who can conduct hearings in an efficient manner.

 

IV. Immigration and the Family

For both humanitarian and

Several issues are fundamental to the topic of immigrants and their families: a) definition of family, b) the rights, benefits and obligations of family members.

a). How should family be defined for the purposes of immigration?

Contemporary families come in various forms, all of which can be nurturing and mutually supportive. Extended families are the building-blocks of healthy communities around the world. Families are interdependent social units that provide mutual financial and psychological support, particularly under conditions of stress such as migration.

Research shows that the immigrants adapt most successfully when they have the support of the entire family to lend stability. Policy revisions should take into account the fact that immigrant families offer social support as much as they require it. The advantages of family should be reinforced and supported.

Budget constraints are not the only factor that undermine the provision of appropriate programs for immigrant families. Conceptual barriers, such as an implicit and erroneous assumption that immigrant families are weak entities that impose burdens on society, also undermine their progress. Constructive policy-making demands that immigrant families be recognized as responsible, strong, and possessed of sharpened survival skills and a greater desire for economic independence than is widely recognized. Despite their considerable strengths, many immigrant families can benefit from an appropriate welcome by the host society.

Imposing a North American definition of family on people coming from cultures with vastly different concepts may impede attainment of the goal of self-sufficiency. In many cultures, close family includes people who, in Canada, are considered "relatives" -- cousins, aunts and uncles, nieces and nephews. In industrial countries like Canada, the intensity of parent-child and sibling-sibling relationships often diminishes over time. In other societies, however, the institution of family retains its power even after siblings or children marry.

Regardless of age, members of the nuclear and extended family play important roles in each other’s lives. Separation can create emotional, financial or political vacuums.

A diverse mix of younger and older family members may satisfy the best interests of an immigrant household as well as the interests of Canadian society. Like all children, younger members of the household are an investment and are entitled to support, protection and the education that will allow them to become caring and contributing adult members of society. There is no reason to assume anything but achievement on a par with other children in Canadian society given equitable access to educational opportunities.

Bringing older members of the family into the ambit of the household helps sponsors satisfy cultural obligations to maintain respectful ties with the elder generation, who in turn can provide support to the younger members. Their contributions range from the domestic realm, especially helpful in an era when both parents need to work, to the financial. Ample evidence indicates that immigrant households not only do not drain Canada’s pension system, but are net contributors at a higher average rate than the Canadian-born household, because of the saving and spending patterns of immigrant retirees. Research also has shown that adult household members, including assisted relatives, generally add to the earning power of the household.

Research demonstrates that the presence of family helps prevent the occurrence of emotional disorder and promotes well-being during the early years of resettlement. Persons separated from their families by events beyond their control -- for example, many refugees -- are in a situation of double emotional jeopardy; they are bereft of potentially important sources of support during a difficult period of adjustment and also subject to worry about the welfare of family left behind. Spouses separated for long periods may find readjustment difficult.

Changes in admission criteria to accommodate a broader definition of family than the one currently in force would serve the immediate needs of new settlers and, by facilitating their integration, probably benefit Canada as well. Conventional economic assessment of family members is problematic because, as with economic assessment of sponsors, the data used in the eligibility determination process has not kept pace with the reality of contemporary job markets. Assessment of adult members other than the sponsor may be desirable for settlement services planning purposes, but should not be a condition of eligibility for reunification. Proposed alternatives to granting permanent residence to extended family members, such as the multiple-entry long-stay visa mentioned in the Advisory Group’s discussion paper, should be explored. This scheme may have beneficial effects; increasing the flexibility of the immigration system should contribute to its capacity to respond to contemporary patterns of global mobility. Extended family needs do fluctuate over the life cycle. International labour market gaps could also more easily be filled with such visas. In both cases, quick action is necessary. In the absence of proof of large-scale benefit, multiple-entry long-stay visas should not be an alternative to permanent residence, but rather an additional option. Granting permanent residence should still be the goal in cases where distance or relative financial disadvantages make frequent international travel unrealistic. Further research on the practicality and effects of such visa changes is needed before current policies are changed.

b). The Right, Benefits and Obligations of Family Members

Every effort should be made to ensure the full integration of each family member into the school, community and workforce as quickly as possible. Policies that make ESL classes and health, education, and job counselling accessible and effective are essential. Expanding such programs so that they meet the needs of all family members can only make the system work better.

Training and orientation should be projected on a map of needs that encompasses more than employment. For example, skills assessment of spouses, particularly women, may help determine their retraining and professional certification needs and consequently facilitate planning for their entry into the workforce. Non-working immigrant mothers who remain isolated at home may also benefit by participating in community-based planning in health and education, as well as language training. Many others may have skills to offer to their new communities, as well as in the larger society. Skills and needs assessments of family members should be developed in consultation with the community in question so that these resources do not go untapped.

Sponsor’s formal obligations to their families are already high and perhaps necessary. Proposed and current policies designed to remedy sponsorship defaults, such as requiring a financial bonds, would be difficult to administer fairly. High cost solutions could undermine a family’s already strained financial status. Research is probably needed to establish the real risk of default involved; to determine what amount of assurance, and over what time period, might reasonably be required; and establishing what steps family members might take to provide in kind support, including housing, and economies that might be realized through sharing resources. Punitive policies that tax the financially disadvantaged or temporarily vulnerable immigrant family should be replaced by incentive programs that encourage stability in the adaptation period.

The benefits and services accorded the immigrant family should focus on strengthening the family during the process of integration in society and, at the same time, provide individual members with the services and opportunities they need to adapt. Once landed immigrant status is granted, immigrant families are of course entitled to the benefits and services other members of Canadian society receive. However, serious gaps in services exist for those awaiting landed immigrant status.

Immigrant families use social assistance at a lower rate than the rest of the Canadian population. In fact, immigrant families tend to under-utilize available services, a pattern that requires further research. Does under-utilization of services have long-term consequences for new settlers? Alternatively, is the pattern only apparent, rather than real? Is it, for example, possible that, instead of using formal social and health services, immigrants draw on the resources of their families or communities?

Delays in the processing of refugee claimants add to the psychological an social burden of the more than 50 percent who are eventually granted refugee status, and this individual burden may translate into greater recourse to the social services sector than would otherwise have been the case.

Further research on settlement services is necessary to develop effective policies. Involvement of the immigrant communities as well as front-line service agencies in the conduct of such research is very important.

The continuing debate about families and immigration must be based on knowledge, not assumptions and misperceptions. Problems in the immigration system can be best solved with accurate information and well-managed, innovative programs.

V. Immigrant Integration and the Economy

a) Integration

Jobs, language, neighbourhoods and services are important components of integration.

Despite rigorous selection criteria, the skill level of immigrants is declining relative to the skill level of resident Canadians. The decline is more apparent than real; it is not so much that contemporary immigrants are less well educated or trained than their forebears, but that the skill level of the average Canadian has increased over the years. Thus, selection alone will not ensure economic integration. The rapidity of shifts in labour market demands often outstrips the capacity of the immigration system to adapt, for example by altering the point system for independent immigration applicants. A comprehensive and efficient system for recognizing foreign educational and professional credentials would greatly facilitate integration, especially if accompanied by programs providing training regarding any distinctive Canadian standards. Increased emphasis on training and job-finding assistance for people after they enter Canada would benefit newcomers and the host country alike. The observation has been made that many corporations invest more in orienting new employees than Canada does in orienting new immigrants.

Long-range planning is important. In the words of Walter Harris, Minister of Citizenship and Immigration in 1947 when Canada was re-opening its doors to immigration: "no policy of immigration can be operated on a stop and go basis; i.e. related to an individual skill or occupation.... We must have faith that those coming in will 'fit in' and contribute to Canadian growth." Nonetheless, a short-term, cyclical approach has dominated Canadian immigration planning in the last half-century. The 1995 Immigration Plan marked a return to a longer-term, broader approach, emphasizing key objectives and shifting the focus away from the annual targets which generally proved to be inaccurate. In this era of fiscal restraint, not to mention the difficulties of precisely forecasting specific immigration needs, a general, long-term approach make sense.

Language training programs must target everyone. People who participate in the labour force clearly will benefit from proficiency in one of the country’s official languages. However, the housebound, the elderly, mothers with young children -- people for whom language training is often inaccessible -- are no less needy of this tool that is necessary to ensure full participation in neighbourhoods, communities and in the larger society.

Integration policies should be based on a recognition that needs extend beyond immediate settlement. Many newcomers to Canada benefit from the presence of like-ethnic communities and ethnoculturally-sensitive service agencies, many of which may be located in their own neighbourhoods and staffed by other persons of foreign origin. Community networks ease the transition to Canadian society.

The government should continue to encourage citizenship as a dimension of integration. Citizenship courses and materials that introduce Canada's history as well as outline the rights and responsibilities of citizenship would encourage the maintenance of a strong civic society, a society in which people continue to value their heritage cultures while simultaneously incorporating elements of a new Canadian identity.

b) Economic Implications of Canadian Immigration

The promotion of national economic interests is one of the objectives of Canadian immigration policy.

Historically, immigration has made a significant contribution to the growth and quality of the Canadian labour force. Net immigration accounted for 20.3 percent of population growth from the turn of the century to 1981, and 15.4 percent in the mid-1980s. In the 1980s, 16.1 percent of total Canadian population and 18-19 percent of total Canadian labour force were foreign born. Without immigration, Canada would have faced a serious population problem and shortage of labour due to a declining birth rate and an aging population.

Due to the Point System, which selects independent immigrants on the basis of education and skills, many immigrant workers are well-trained professionals and technicians skilled in areas that can help advance Canada’s technological competitiveness. If not for immigration, Canada would probably have experienced serious professional, technical, managerial and entrepreneurial shortages in recent years.

Recent changes in immigration flows that have seen a shift in source countries from developed to developing parts of the world have not changed the human capital benefits associated with immigration. Asians, who now account for the bulk of immigrants, are, in general, better educated than the Canadian-born population.

In addition to human capital, immigrants have brought financial capital with them. The entrepreneur immigrant program initiated in 1984 infused $1.8 billion into the Canadian economy by entrepreneur immigrants between 1985 and 1986. Two thirds of this amount was spent on active labour market. In 1988, a total of $3.4 billion flowed into Canada under business immigration programs, comprising the special categories of entrepreneurs, investors and self-employed. The major impact of business immigration, primarily from Hong Kong, Taiwan, and South Korea, has been on the economies of British Columbia, Ontario, and Quebec, and more specifically on the three largest metropolitan areas -- Vancouver, Toronto, and Montreal. This pattern raises concerns that the business immigration program may be reinforcing regional economic disparities.

Research data contradict a frequently voiced opinion that, by taking jobs from Canadians and by straining welfare budgets, new immigrants add to the country’s economic burden. Immigrants in Canada create more employment than they take, and pay much more in taxes than the cost of the social services they consume. On the whole, immigrants are more highly educated than the Canadian average, are more likely to be employed, and are less likely to be receiving Unemployment Insurance and Social Assistance. Regardless of country of origin, immigrant households are sources of net public fund transfers to non-immigrants. In addition, the aggregate immigrant demand for goods and services has a stimulating effect on local economies.

On average, the incomes of immigrant men and immigrant women tend to be higher than those of their Canadian-born counterparts. However, after adjustments for educational attainment and age composition are taken into account, it would appear that, compared to native-born Canadians, immigrants suffer economic disadvantage. The problem is partly traceable to labour market barriers such as non-recognition of foreign credentials and discrimination against visible minorities.

Factors such as length of residence in Canada, education, language proficiency, gender, ethnicity and nation of birth help account for differences in labour force participation and economic disadvantage among immigrant groups. An analysis of 1981 census data showed that, before adjusting for differences in age, education and other relevant factors, the average total income of immigrants was higher than that earned by the Canadian-born. However, after adjusting for age and educational attainment, the average income of immigrant men was 1.3 percent lower than that of Canadian-born men, while the gap in income between immigrant women and Canadian-born women narrowed. The effects were particularly notable among new immigrant groups from developing countries. Depending on country of origin, these new immigrants had average adjusted employment incomes that ranged from 5 to 22 percent below that of their Canadian-born counterparts. Disparities exist within the group of immigrants as a whole. Immigrants from Latin America, Asia, Africa, Eastern and Southern Europe suffer more economic disadvantage than their counterparts from the US and the UK.

Immigrant women in Canada, particularly those from non-English-speaking countries, suffer from double (or even triple) negative effect of being female and foreign born (and being of a visible minority). Their occupational status and employment income are lower on average than those of male immigrants and native-born women. The disadvantaged position of immigrant women vis a vis immigrant men probably stems from differences in educational attainment and language proficiency, disadvantages frequently traceable to status differences in countries of origin that favor males over females. Differences between immigrant women’s economic positions and those of their host country peers may be partially explained by labour market discriminatory practices directed against women and minorities.

Although there is evidence that job training and job finding programs help secure positions in the labour market, the disappointing fact is that relatively few immigrants make use of these services. Although education programs to alert immigrants to the availability of services is probably useful, it must be acknowledged that part of the problem lies with agencies whose lack of requisite linguistic skills and cultural sensitivities compromises both their accessibility and their effectiveness.

From an economic perspective, immigration selection policies are probably working reasonably well. It is, however, important to monitor their implementation, for example by frequent reviews such as the recent revision of occupational categories.

In order to promote equity, and to ensure that Canada realizes the optimal benefit of immigration, increased attention must be directed to resettlement programs. There is a pressing need to review access to trades and professions by individuals whose foreign training and qualifications may not, under current regulations, be eligible for Canadian recognition. There is also a need to ensure linguistic and cultural appropriateness in agencies involved with training and job-finding for immigrants. The particular needs of female immigrants and refugees must be acknowledged and incorporated into resettlement practice. Finally, research that documents the economic current impact of immigration must be encouraged and supported, as well as research that can help illuminate the potential advantages immigration brings to help Canada compete in the global market-place of goods and services.

VI. Managing the System of Immigrant and Refugee Selection and Processing

Management of Canada’s immigration system necessitates traveling along a thin line between facilitation and control. Maintaining a national position straddling these two areas is increasingly problematic in a world characterized by globalized processes, systems and movements. Western nation-states, including Canada, have responded to expanding numbers of prospective migrants by moving towards new positions that tend to lessen facilitation and strengthen control.

Canada often claims humanitarian standing among the community of nations, as a means of lending moral legitimacy to its international action or inaction. This status ought to be earned by maintaining conformity with international human rights based agreements. Canada has a special responsibility to maintain policies that work within the bounds of the Geneva Convention Relating to the Status of Refugees and The Protocols Relating to the Status of Refugees (Geneva Convention and Protocols).

The selective imposition of visa requirements is normally viewed as a basic control mechanism employed to limit the flow of asylum seekers. This policy assumes that all persons who travel to a Canadian point of entry are potential asylum seekers. It also assumes that most asylum seekers are not genuine claimants. This blanket exclusion hinders genuine asylum seekers from reaching Canada. Persons subject to persecution, as defined by Article 1 of the Geneva Convention and Protocols, are not likely to have the time or freedom to participate in a lengthy visa acquisition process. In effect, Canada is asking asylum seekers to demonstrate the legitimacy of their asylum claims from the country in which the persecution is taking place. This is in direct contravention of Article 3 of the Geneva Convention and Protocols, which protects asylum applicants from discrimination based on their country of origin.

The application of carrier sanctions, as delineated in Sections 85 to 93.1 of the Canadian Immigration Act (IA), makes transport operators liable to penalties if they transport persons to Canada without the proper documentation. In effect, airline personnel are responsible for determining the legitimacy of passengers’ visas. This process places exclusionary powers, reserved for agents of the Canadian government acting within the clearly defined parameters and processes of the IA, in the hands of private citizens primarily concerned with avoidance of monetary penalties. This control process should be reconsidered.

In a related area of concern, the Convention Refugee Determination Division (CRDD) is required to provide a written report detailing the reasons for refused asylum applicants. The Immigration and Refugees Board (IRB) provides "model reasons" for denial of claims from persons originating from certain countries, which CRDD members often rely on in formulating their written reports. This practice, which potentially discriminates against asylum applicants based upon their country of origin, contravenes Article 3 of the Geneva Convention and Protocols.

IA requires that applications for permanent residence be screened and issued visas outside of Canada as a control mechanism preventing temporary residents from "jumping the queue" by changing their status. However, change of status can be granted by an Order in Council on compassionate or humanitarian reasons. In 1989, over 15,000 persons were given leave to change their status from temporary to permanent residence without leaving Canada. In addition, the process popularly referred to as the "Buffalo Shuffle" allows temporary residents to change their status by making a brief trip to the United States to lodge an application and then immediately returning to Canada. In effect, Canada maintains a de facto inland change of status process. These practices should be formalized in order to give the inland applications process, and change of status, recognition as valid means of gaining permanent residence in Canada. Maintaining the present procedural machinations is a burden on applicants, unnecessarily expensive to administer, and in needless defiance of what is already transpiring.

Section 103 of the IA delineates the conditions under which persons can be placed in detention upon arrival in Canada. The most significant sections allow the detention of "... any person with whom an examination or inquiry is to be held...", or where "...the person is unable to satisfy the immigration officers with respect to that persons identity ." These sections contravene Article 31(1) and 31(2) of the Geneva Convention and Protocols which state,

  • 1. The Contracting States shall not impose penalties, on account of their illegal entry or presence, on refugees who, coming directly from a territory where their life or freedom was threatened in the sense of Article 1, enter or are present in their territory without authorization, provided they present themselves without delay to the authorities and show good cause for their illegal entry or presence.
  • 2. The Contracting States shall not apply to the movements of such refugees restrictions other than those which are necessary and such restrictions shall only be applied until their status in the country is regularized or they obtain admission into another country. The contracting states shall allow such refugees a reasonable period and all the necessary facilities to obtain admission into another country.

    • Detention should be reserved for cases in which government officials can demonstrate a reasonable probability that an individual poses a threat to national security or public safety. Utilizing detention as a means to "...deter the arrival of undocumented persons", to quote from an Employment and Immigration Operations Memorandum, abrogates Canada’s commitment to the Geneva Convention and Protocols.

    Amendments to the IA, specifically sections 108.1 and 114(1)(s), have facilitated government attempts at adopting the concept of "Safe Third Country". Safe Third Country can be characterized as, "... a policy facilitating removals by agreements to return asylum applicants to a country that already denied an application or through which an asylum applicant traveled but did not seek asylum" . In 1992, Employment and Immigration Canada endorsed international cooperation as a means of achieving "...better management of international immigration levels and to discourage asylum shopping". Canada has diplomatically pushed for international agreements towards this goal through the "International Consultation on Asylum, Refugee and Migration Policies in Europe, North America and Australia", and the through the "Memorandum of Understanding" with the Unites Sates. However, agreement has not been forthcoming as it is not in the interests of these nations to agree to reciprocity regarding Safe Third Countries. Based on the present flow of asylum seekers, Canada would send far more asylum seekers to other nations than it would be required to allow access to its determination process.

    Section 46.01(1)(b) of the IA specifically empowers Senior Immigration Officers and Security Officers to exclude persons if they "...came to Canada, directly or indirectly, from a country, other than the person’s nationality". It is unclear whether decisions by Senior Immigration Officers and Security Officers to deny access to the refugee determination process, without recourse to legal council or an interpreter, will result in a judicial finding of constitutional infirmity. Refugee determination as a constitutional right was affirmed by the Supreme Court of Canada’s Decision in Re Singh. Judicial decisions are normally not recognized outside their state of origin. As a result, it is unlikely that a foreign refugee determination process is a justification for abrogating a constitutionally guaranteed right. The legality of these provisions has yet to be tested as Canada has failed to gain the agreement of other countries to accept the exportation of its asylum seekers.

    Section 46.01(3)(a) places limitations on the exclusionary power of this mechanism as it states, "...a person who is in a country solely for the purpose of joining a connecting flight to Canada shall not be considered as coming to Canada from that third country". The problem with this qualification is that it does not adequately delineate what is defined as a "connecting flight".

    Finally, proposals to impose a more comprehensive communicable disease screening process upon persons, especially refugees, coming to Canada are not logistically, politically or economically feasible. The limited resources available to expand communicable disease screening would be better spent on improving health conditions in refugee camps as a means of limiting the "danger" to Canadians from immigrants arriving from high risk areas. In addition, increasing contacts by Canadian tourists and business persons with "less developed countries" may well be the greatest source of future carriers of communicable diseases back into Canada.

    VII. Conclusion

    National values, including commitment to equity, acknowledgment of the importance of family, and commitment to provide asylum to persons needing protection, must continue to guide revisions to the Canadian Immigration Act. These factors must act in concert with national self-interest, the other singularly important policy directive. Appropriate attention to both values and self-interest will help ensure the creation of legislation that ensures a balance between facilitation and control. New policy initiatives should focus not only on issues such as numbers of immigrants and refugees and criteria selection criteria, but also on informing public attitudes about the importance of immigration, and on the support and creation of programs to facilitate the resettlement of newcomers. Paying attention to the needs of the larger society as well as to new settlers after opening our doors to large numbers of new people will benefit both new and established residents of Canada.

     

     

     

     

     

     

     

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