Canadian Immigration Law

History of Canadian Immigration

• Canada uses immigration to help increase its population.
• Historically, Canada relied on European immigrants, especially from Britain, while excluding other nationalities.
• Current immigration policies have led to visible minorities becoming a key characteristic of Canada's population.
• Current policy dictates that no one is excluded from immigrating due to race or ethnic origin

Multiculturalism

• Increased immigration has led to a more diverse population.
• Canada is no longer considered bicultural.
• In 1971, the Policy of Multiculturalism was introduced.
• The policy recognizes Canada's diverse population.
• The policy helps citizens protect and enhance their cultures.
• This is done through things like festivals and language classes.
• The Multiculturalism Policy also promotes respect and equality for all.

Immigration Act of 1978

• The 1960s and 70s saw an economic boom in Canada, leading to the need for more immigrants.
• The Immigration Act of 1978 was introduced to attract skilled and educated immigrants and to reunite families.
• The act allows Canada to accept refugees and offers quicker citizenship.

Immigration and Refugee Protection Act (2002)

• The act defines four categories of immigrants:
• Economic immigrants: Including skilled workers and business people.
• Family class: Relatives of people living in Canada.
• Refugees: Those escaping persecution, torture, or war.
• Extraordinary cases: Cases that don't fit other categories, often for humanitarian reasons.

Immigration Objectives

• Pursuing social and economic benefits is an aim of immigration policy.
• Respecting Canada's bilingual and multicultural character.
• Continued support for the development of official language minority communities.
• Supporting a prosperous economy.
• Reunited families.
• Ensuring successful integration, recognizing mutual obligations.

The Need for Immigrants

• Immigrants help meet demographic needs related to population characteristics.
• Immigrants contribute to labor force growth.
• By 2025-30, Canada's birth rate is expected to equal its death rate.
• In 2016, the number of retiring workers equaled the number of new workers.
• Immigration ensures a growing population and a growing economy.

The Point System

• Only economic immigrants must qualify under the point system, in place since 1967.
• A total of 67 points are needed to qualify.
• An application fee is required (approximately $1000).
• Proof of good health and no criminal record must be provided.
• An applicant may be refused if their condition poses a risk to other Canadians or would put excessive demand on the healthcare system
• Examples include tuberculosis, mental disorders, and HIV/AIDS

Point System - Disadvantages

• Applications are processed on a first-come, first-served basis which makes it difficult to prioritize candidates.
• Potential immigrants are not always matched to the job openings in Cananda. 
• It takes an average of 12-14 months to process an application.

Express Entry

• Express Entry launched in January 2015.
• It is an electronic application management system for skilled foreign workers.
• It applies to Canada's key economic immigration programs.
• Immigration Canada selects the best-qualified candidates, eliminating the first come first serve system.
• Candidates with a valid job offer or provincial/territorial nomination are quickly invited to apply for permanent residence.
• Job Bank links Canadian employers with skilled foreign nationals if they cannot find Canadians or permanent residents.
• Express Entry candidates benefit from processing times of six months or less.
• The system uses a Comprehensive Ranking System (CRS).
• The CRS allows the highest-scoring Express Entry candidates to be invited to apply regardless of when they entered the Express Entry pool.
• The CRS has four components:
• Core/human capital factors (out of 500 points).
• Spouse/common-law partner factors (out of 40 points).
• Skill transferability factors (out of 100 points).
• Additional points for a job offer (out of 600 points).
• The max score possible is 1200 points.
• Step 1: Fill out an Express Entry profile, complete the CRS, register with Job Bank, and wait to be accepted to the Express Entry Pool.
• Step 2: Receive an Invitation to Apply (ITA)
• Candidates with a job offer or a provincial/territorial nomination are given additional points to ensure an ITA.
• Apply for permanent residence online within 60 days.
• An initial application fee is required ($550 per adult, $150 for children).
• There is a right of permanent residence fee ($490 per adult) with no costs for dependent children.
• A medical exam and security check are still required before entering Canada.

Changes in Policy

• Past policies favored immigrants of British ancestry and restricted immigration from Asia, specifically China and India).
• Currently, no one is excluded because of race or country of origin.

Komagata Maru

• The continuous journey clause of the Immigration Act stated that only direct travel from India would be permitted.
• This type of passage did not exist; therefore, it effectively stopped immigration from India.
• In 1914, the "Komagata Maru" was turned back to India, where some passengers were killed protesting for Indian independence from Britain.
• Stephen Harper apologized in 2008.
• Justin Trudeau formally apologized in 2016.

Chinese Head Tax

• Canada mandated a $50 prohibitive fee to come to Canada in 1885.
• By 1903, it increased to $500.
• The Chinese Exclusion Act was passed in 1923, stopping all Chinese immigration.
• By 1947, Chinese Canadians had the right to vote.
• In 2006, Harper apologized, and survivors or widows received $20,000 (220 people).

Canada's Policy Towards Refugees

• A refugee is someone fleeing from any danger or form of persecution.
• Canada began offering refuge during specific world crises in 1951.
• Canada has an ongoing commitment to protect refugees under the Immigration and Refugee Protection Act.
• Canada offers refuge to people facing persecution of any kind (1976).
• Refugees can re-settle in Canada in two ways:
• The federal government works with the United Nations to bring refugees from camps.
• Private sponsors can also bring refugees to Canada.
• All refugees require necessities like government assistance, language training, and job training.

Objectives of Immigration and Refugee Protection Act

• The Act aims to save lives and offer protection.
• It fulfills and affirms Canada's commitment to protect refugees.
• It grants fair consideration to people claiming persecution.
• The act offers refuge to persecuted persons because of race, religion, political membership, and to people facing torture or cruel and unusual punishment.

Singh Decision

• Satnam Singh (1985) sought refugee status but was rejected under the Immigration Act, 1976.
• Singh was not allowed to state his case or appeal the decision.
• The Supreme Court decision stated that this violated Section 7 of the Charter (security of the person).
• People claiming refugee status now have the right to a hearing and must be physically present in Canada.
• These claimants need the necessities of life while they wait for their hearing, which is paid for by the government.
• The Immigration and Refugee Board was created to hold these fair hearings.

Current Issue: Asylum Seekers from the USA

• The average cost per asylum seeker crossing into Canada outside legal border points is $14,000.
• The total annual cost to the Federal Government is $400 million.
• People who enter Canada at an official border from the United States cannot make a refugee claim in Canada, due to an agreement between the two countries.
• Thousands of migrants are crossing the border unofficially.

Immigration and Collective Rights

• assembly is an organization created to protect the rights, claims, and treaties of First Nations.
• They oppose immigration because Canada addresses its need for skilled workers and professionals by allowing immigrants to fill these roles.
• assembly feels the government should focus more on education, training, and job opportunities for Aboriginals.
• Aboriginal people are partners in Canada and hold collective rights.
• assembly has treaties and agreements made to work together with the government to share in prosperity. Some First Nations continue to face challenges linked to poverty, which creates obstacles for individuals to participate in Canada's economy.

Immigrant Languages

• Mother Tongue is the native language.
• Most immigrants are moving into Canadian urban centers, bringing language, culture, and tradition.
• By the early 2000s, 80% of population was urban, compared to 37% in the early 1900s, and the trend is continuing today.

Provincial Influence

• The Provincial Nomination Program allows provinces to "nominate" a percentage of immigrants based on their skills.
• This can speed up the immigration process
• Provincial Nomination matches worker skills with provinces that have those labor needs.
• Provinces are allowed to set up immigration offices in other countries
• EX "Come to Alberta"
• However, Law can't require immigrants to stay in a particular location.

Alberta's Needs

• Alberta receives 17% of Canada's immigration.
• Three cities (Toronto, Montreal, Vancouver) account for 68% of yearly immigrants.
• Alberta has labor shortages in all reported industries:
• Construction and Transportation reporting over 90% in worker shortages
• Manufacturing, Resource Development, and Retail reporting over 80% in worker shortages

Canada-Quebec Accord

• The federal government provides funding ($200 million) for settlement assistance in Quebec (language training).
• Allows Quebec to require immigrants to send their children to Francophone schools
• 75% of French-speaking immigrants settle in Quebec (but that's only 5% of all immigrants).
• Overall, more non-francophones settle in Quebec than Francophone immigrants.
• The accord sets a percentage of immigrants that Quebec will receive each year, proportional to its population within Canada.
• Canada's population = 35 million; Quebec's population = 8 million
• 8/35=0.228 or 23%
• Quebec should receive 23% of immigrants into Canada under the agreement, but currently receives 18%.

Permanent Resident to Citizen

• Immigrants become permanent residents of Canada and gain all the same enjoyment of rights as other citizens except the right to vote and full mobility rights
• Immigrants must obtain a permanent resident card.
• To apply for citizenship, you must have lived in Canada for 3 out of the 5 years before submitting your application. 
• All 18-64 year olds must take the citizenship exam.

Citizenship Test

• The Citizenship Test is in English or French ONLY and lasts 30 minutes.
• The test has 20 questions that are either multiple choice, or true or false.
• Candidates need to get at least 15 out of 20 questions right to pass the test.