This brief highlights our member agencies' concerns about potential impacts on the communities they serve. We want to draw attention to the possible impacts and unforeseen consequences of Bill C-12. We have a number of key concerns.
The first is the new ineligibility categories for refugee claimants. The bill introduces two new ineligibility provisions that prevent individuals from accessing an oral hearing before the Immigration and Refugee Board: first, for persons who claim more than one year after their first entry in Canada, which is for people who have been here since June 24, 2020; second, for persons who claim more than 14 days after entering at the land border between ports of entry. Canada may return such people to countries where they may face persecution and risk to their safety, thus contradicting the non-refoulement principle. Individual circumstances may change and may present a new need for protection beyond the one-year deadline imposed by Bill C-12. This provision can disproportionately impact women, members of the 2SLGBTQI+ community and other survivors of gender-based violence. It risks excluding people whose countries are facing political upheaval and war, and who are now [Technical difficulty—Editor].
The second is the pre-removal risk assessment. People who are excluded from making a refugee claim under the above two ineligibility provisions may be referred for a PRRA. The assessment is an administrative decision made by an IRCC officer, and it lacks the procedural safeguards of a formal refugee hearing. Unlike the Immigration and Refugee Board, it provides no right to an oral hearing—as required by the Supreme Court's Singh decision—nor does it provide a right to resources or expertise to properly evaluate a claim. There is a very real risk that people in need of protection will be quickly deported, only to face persecution and harm.
Third, on moratorium countries, individuals from countries like Haiti, Afghanistan and Venezuela, where Canada has suspended removals due to generalized [Technical difficulty—Editor]. They are granted temporary presence but denied fundamental rights and a pathway to permanent residency. Since a PRRA [Technical difficulty—Editor] order—which does not exist for this group—they are left in a perpetual state of uncertainty, unable to fully participate in or contribute to Canadian society.
Fourth are new powers to cancel documents and suspend and terminate applications. The bill gives the government sweeping new powers to cancel [Technical difficulty—Editor] documents for reasons of public interest, including permanent or temporary resident visas, work or study permits and [Technical difficulty—Editor]. The bill will allow the government to suspend new applications in a specific category, and suspend and terminate processing of applications already submitted, as a matter of public interest. This can include applications for permanent or temporary residence, or work or study permits.
These measures will create gaps and unexpected problems for affected people and lead to more people living precariously [Technical difficulty—Editor]. There will be a compounding effect of cutting them off from rights, entitlements and access to services, which will increase their vulnerability to exploitation and abuse by bad actors.
These are broad provisions, with no safeguards against the targeting and singling out of certain groups and potential unfair treatment and discrimination by the current or future governments. Several recent reports have highlighted the rise of racism and xenophobia against many different refugee and migrant groups, including international students from South Asia, specifically Indian students. This measure can potentially risk making these conditions worse.
Fifth is the disclosure of personal information. The bill allows the government to disclose personal information within the immigration department and federal government, as well as to share it with other orders of government, agencies and Crown corporations, and foreign entities. It weakens the protection of refugees' and immigrants' data by sharing information relating to their identity, status or immigration documents, and it could risk their safety if they are deported or when they must travel abroad.
Thank you. Again, I apologize for the bad sound.
