Canada’s Liberal government is pushing through legislation that observers fear will lead to US-style border policies and increased xenophobia. Bill C-12, or Strengthening Canada’s Immigration System and Borders Act, includes changes to border security and new ineligibility rules for refugee claimants.
New Refugee Legislation Passes House of Commons
The bill was fast-tracked and passed through a third reading in the House of Commons on December 11, before parliament members began their holiday break. If approved by the Senate in February, it will become law.
Idil Atak, a professor of refugee and human rights law at Toronto Metropolitan University, described the legislation as “very regressive in terms of refugee protection.” She added that it represents an unprecedented expansion of executive power regarding information-sharing about refugees and the ability to control immigration processes.
Changes to Asylum Claim Process
Under the new rules, asylum claims made more than one year after a claimant’s arrival in Canada will not be referred to the Immigration and Refugee Board of Canada. Instead, they will be sent to an immigration officer for a pre-removal risk assessment. These assessments, according to a recent op-ed by 40 lawyers and legal practitioners in the Toronto Star, have a high rate of rejection.
The authors of the op-ed argued the law evokes exclusionary immigration policies from the early 20th century that targeted specific racial groups, including those from South Asia, China, and Japan.
Audrey Macklin, an immigration and refugee law professor at the University of Toronto, explained that individuals may delay claiming asylum for various reasons. For example, a student who is a member of a persecuted sexual minority might not feel safe returning home after living openly in Canada.
Recent restrictions placed on international student numbers may also lead more individuals to seek asylum, but they could face significant barriers under the new laws. Canada has placed significant restrictions on international student numbers since 2024.
Increased Deportations
Canada deported 18,000 people in 2024, the highest number since the 2006-2015 government of Stephen Harper. These deportations cost $78 million, a 50% increase from 2019, according to a report by the Toronto Star.
Macklin stated that the pre-removal risk assessment process does not provide asylum seekers with a fair hearing and is designed to remove them from the country quickly. She also said, “Bill C 12 borrowed ideas from the United States about how to make it more difficult.”
Border Restrictions and Safe Third Country Agreement
Asylum claims made at the land border with the US will also not be referred to the board if made after 14 days. Under the safe third country agreement between Canada and the US, refugees are required to seek asylum in the first safe country they arrive in.
However, Macklin argues the US does not meet the requirements of being a “safe” third country, especially as ICE raids aim to fast-track deportations without due process, making it “flagrantly unsafe” for people seeking refugee protection.
Motivations Behind the Legislation
Syed Hussan, the executive director of the Migrant Workers Alliance for Change, believes the legislation is a result of rhetoric from the Liberal and Conservative parties blaming migrants for Canada’s affordability crisis. “Do you blame CEOs or corporations for their misery… but we’re all being tricked into blaming migrants,” he said.
Atak suggested the new measures are an attempt to appease the Trump administration and secure a trade deal. However, she believes the legislation has eroded Canada’s image as a welcoming country and disregarded international agreements to protect asylum seekers. “We do have an obligation, a moral obligation, to protect refugees.”
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