Good afternoon, everyone.
I am Abdulla Daoud, executive director of the Refugee Centre, which is based in Montreal.
Our organization is rooted in the newcomer community, providing a variety of services, including the only full-service refugee legal clinic in Montreal. So far this year, we have assisted over 9,000 refugees and refugee claimants. I would like to thank this committee for giving us the opportunity to address this critical issue today.
First, we applaud the government's effort to restrict bad actors, such as Russian oligarchs, from entering the country, as we have witnessed first-hand accounts at The Refugee Centre from Ukrainian refugees of the brutality of the Russian regime. It is crucial for the government to maintain a balance between protecting national security and upholding our democracy, including the fundamental rights and freedoms of individuals impacted by legislation such as Bill S-8. This bill goes beyond Russian oligarchs and introduces potential dangers and adverse consequences to unintended individuals or families. We believe changes to the bill must be made.
One of the most concerning aspects of Bill S-8 is that it currently decouples the term “sanctions” from violations of human or international rights, thus creating a high level of ambiguity in relation to how sanctions would be applied in regard to admissibility.
Bill S-8 further connects sanctions to the entire section 4 of SEMA, such as economic measures imposed against foreign states. This effectively places the burden of economic sanctions solely on individual applicants due to the actions of a foreign government. For example, a Venezuelan foreign national who has invested their money into the state, which is typical of state enterprises such as Venezuela, could be held to account or deemed inadmissible in Canada. This is why the most important solution we are proposing is to properly define the word “sanctions”, specifically in regard to Bill S-8's amendments in proposed new subsection 35.1(1) of IRPA.
We believe it should be worded as “a foreign national is inadmissible for sanctions on grounds of violating human or international rights”. This rejoins the terms with violating human or international rights, avoiding any misuse or ambiguity in relation to broad economic sanctions that individuals cannot be held accountable for.
Another issue is that Bill S-8's current language places a disproportionate burden on already vulnerable groups. In order to remove themselves from a sanctions list, protected persons would need to seek out and endure a convoluted and complex legal procedure through Global Affairs Canada. This list has a historical precedent of infrequent updates and is often misaligned with the actions of our international partners. Without specific provisions tailored to address the unique circumstances of these individuals, legislation may inadvertently jeopardize their safety and well-being. Therefore, we propose to amend Bill S-8 to indicate that any refugee claimant who has been found to be a protected person within Canada be immediately delisted from the sanctions list.
Another concern arises from the potential misuse of power granted to the Ministry of Public Safety and Emergency Preparedness and the CBSA under Bill S-8. There is a substantial risk of enforcement officials exceeding their authority and making arbitrary determinations related to inadmissibility with little to no accountability. This is due to the lack of a well-defined decision-making framework and removes access to appeals through the immigration division and ministerial relief.
There is no proper history of training in relation to removals based on sanctions within the CBSA, as the existing immigration and security infrastructure already addresses such concerns effectively within the immigration division. This is further reiterated by the director general of the CBSA's own testimony. When asked about the CBSA's experiences with sanctions, he stated, “However, with respect to sanctions inadmissibility cases to date, there have been no actual removals because the system has been quite effective in terms of stopping people from arriving in the first place.”
Our solution is to amend Bill S-8 in regard to the CBSA. In cases in which an individual is deemed inadmissible on the grounds of sanctions as defined by violating human or international rights, the CBSA should not have the unilateral authority to refuse entry or initiate removal proceedings against an individual without referring the case to the immigration division of the IRB.
Last, the proposed amendments in Bill S-8 may invite challenges under the Canadian Charter of Rights and Freedoms. The denial of access to certain immigration processes and the removal of the ability to appeal or seek ministerial relief may infringe upon the rights of affected individuals, opening the door to lengthy and costly court battles for procedural fairness.
In conclusion, by carefully considering the recommendations provided in our brief, we can achieve the dual goals of protecting national security and upholding the fundamental rights and freedoms of individuals affected by our immigration laws.
Thank you.