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CERIS_Symposium_Kolar

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CERIS_Symposium_Kolar

  1. 1. Cathy KolarLegal Assistance of Windsor
  2. 2. Category Number % Category Number %Family Class 56 445 23Economic 156 121 63Refugees 27 872 11Other 8306 3Total 248 748 100Worker 446 847 44Int’l Student 301 842 30Humanitarian 131 522 13Other 139 083 13Total 1 019 294 100Population of Canada 32.33million
  3. 3. Ostensibly to prevent marriages of convenience in which sponsor receives afinancial gain or benefit, or sponsored spouse uses the relationship to gain entryto Canada, and leaves partner shortly after arrival.Concerns:1. Sponsor’s financial gain will merely increase.2. Sponsored person (using the relationship to remain in Canada)lives with partner with benefits for two years, and subsequently leaves, thusrobbing sponsor of two years of his/her life, limiting sponsor’s ability todemonstrate marriage fraud• Affects those who have been in relationship less than two years• Consequence of information conveyed to CIC or RANDOM AUDIT.• Positive onus on those subject to an investigation to prove that theyhave complied with conditions.• Exceptions: Children, death of spouse• CIC states that sponsored party must demonstrate EVIDENCE OF abuse orneglect
  4. 4.  Halt on acceptance of new sponsorships ofgrandparents/parents as of November 2011. Newcomer Parents and Grandparents relegated to‘temporary residents” when Super Visa introducedin December 2011 Minimum income requirements Minimum health requirement Privatization of medical insurance (minimum 100000 in coverage for one year, must include cost ofrepatriation)
  5. 5. Permanent Resident Card: Requests for proof of residency requirementsC-43 “Faster Removal of Foreign Criminals Act”. 2 years less a day, appeal rights Make it easier for Ottawa to deport a permanent resident who issentenced to 6 months or more. No distinction between conditional sentences, served in the communityfor less serious offences, and jail sentences. Conditional sentences tend tobe longer. Will result in deportations of countless minor offenders guilty of isolatedmisdemanor offences, such as shoplifting, public disturbance, mischief Viewed as an attack in immigrant youth Government can arbitrarily deny entry to Canada on the vague grounds of“public policy,” sharply curb ministerial discretion in humanitarian andcompassionate review, and are overly harsh on people who misrepresentthemselves.
  6. 6.  Those apply for Canadian citizenship between the ages of 18 and 54must now provide proof of language proficiency (privatization)prior to applying for citizenship for application to be processed. Lengthy Residency Questionnaires with supportingdocumentation – 45 day deadline. Limit access to citizenship for women in the home, marginalizedworkers, refugees and those with disabilities who may be unable toattend school, complete forms and/ or provide supportingdocumentation. Already a discrepancy between PR and citizenship numbers (20%) Changes – Birthright for children of Canadians born abroad Bill C-425 “An Act to Amend the Citizenship Act” – deemedrenunciation for individuals determined to have engaged in acts ofwar against Canada. Elected authorities mete out criminalpunishment. Revival of banishment as punishment .Discriminatory.
  7. 7.  Between 2007 and 2011, TFW accounted for 1 in 3 new jobs in Canada Bank of Canada (senior analysts in 2012) Health Canada CBC (broadcasters), Newspapers, ie. Globe and Mail (4 editorial employees) Telecommunication, ie. Bell, Rogers Communications, Telus, and ShawCommunications, Rogers, Telus CN Rail, CP Rail, TransCanada Airlines, ie. Canjet (30 pilots), Sunwing (119 pilots), Air Canada, Porter Financial/ Accounting firms, ie. Deloitte Canada, Sunlife Financial, FinanciareManuvie, Scotia Bank, Royal Bank (i.Gate), BMO, TD Mining ie HD Mining International, Ontario Wind Farms ie. CS Wind, IT ie RIM Bombardier, Enbridge, Suncore Energy, Talisman Energy Hotel Industry ie. Days Inn and Suites, Fairmont Hotels Retailers, ie. Sears, Canadian Tire, Rona, Loblaws, Hudson Bay Company,Shoppers, Walmart, Sobeys Restaurants, ie. Dennys, McDonalds,Tim Hortons, Subway Camp counsellors ie. Girl Guides of Canada Meat Processing ie Maple Leaf Foods, Packing, Agriculture, Domestic Labour
  8. 8. NOC “O” (managerial) and “A” (university training) Full family rights (open work permit for spouse), children can accompanyand attend school (fee) Unlimited renewals Eligible for permanent residency, citizenship rightsNOC “B” (trades) Full family rights (open work permit for spouse) Four year limit Eligible for permanent residencyNOC “C” (high school) and “D” (no training) No pathway to permanent residency in Ontario Pathways to residency in Alberta (restricted) and Manitoba Family ‘left behind’ April 2011, 4 years in Canada, 4 year limit (banishment) LARGE INCREASE IN UNDOCUMENTED POPULATION APRIL 2015 Gender impact – NOC C/D & live in caregivers 57% Construction workers vs waitress
  9. 9. Severe restrictions on refugees create barriers forpermanent settlement in CanadaMultiple, fragmented categories based on manner of entry& country of origin, including:Two tiered system for people who came from ‘designatedcountries of origin’, different rights and benefitsTwo tiered system for people designated as ‘irregulararrivals’, different rights and benefitsLimits on access to PRRA, Humanitarian andCompassionate Application, and Temporary ResidentPermit
  10. 10. DCO (Designated Countryof Origin)Designated Foreign Nationals(Irregular Arrivals) 35 countries listed, including Mexicoand Hungary. Determination: Over 75% of therefugee claims from the country arerejected or over 60% of the claims areabandoned, OR There are a smallnumber of claims from the countryand the Minister believes that thecountry is a democracy with anindependent judicial system In Ontario, Legal Aid Ontario hasproposed to defund legalrepresentation at refugee hearings for“most” asylum seekers from thedesignated countries. Minister of Public Safety hasauthority to designate the arrival ofa group of foreign nationals whenexamination or an admissibilitydetermination cannot be made in atimely manner Or the Minister has reason tosuspect there has been or will be acontravention of subsection 117 (1)smuggling, fpr the benefit of acriminal organization Prison for up to a year, minimum 5year restriction on applications forpermanent residency even ifgranted CR status, no issuance oftravel document, no familysponsorship or H & C, Mandatory Reporting Conditions
  11. 11. Port of Entry Claimants Inland Claimants Basis of Claim (BOC) formsubmitted within 15 daysof eligibilitydetermination Refugee hearingscheduled 45 days aftereligibility if the claimant isfrom a DCO 60 days after eligibility forother claimants BOC form submitted attime of refugee claim Eligibility interview thenscheduled Refugee hearingscheduled 30 days aftereligibility if claimant isfrom a DCO 60 days after eligibility forother claimants
  12. 12.  Notice of Appeal: 15 calendar days from date ofnegative decision Perfected Written Appeal: 15 days No right to appeal: Designated Country of Origin,Designated Foreign National, claim made at USborder, Refugee Protection Division determinedthere was no credible basis to their claims JR at the Federal Court permitted but no automaticstay of removal for above groups
  13. 13.  PRRARegular refugee claimant must wait 12 monthsRefugee from a DCO must wait 36 months H & C12 month waitHealth and best interest of the child exemptions
  14. 14.  Ineligible employers There are two types of ineligible employers—those who are ineligible as per the Immigration andRefugee Protection Regulations (IRPR) and those in categories that have been identified by theMinister of Citizenship and Immigration as ineligible. Regulatory ineligibility On April 1, 2011, new regulations affecting Canada’s Temporary Foreign Worker Program (TFWP)came into force. Under these regulations, an employer is ineligible to participate in the TFWP for aperiod of two years once it is determined that: during the prescribed period they have failed, without reasonable justification, to providesubstantially the same wages, working conditions or employment in an occupation to any foreignworker as those that were set out in their job offer. The new Regulations prohibit a foreign worker from entering into, or extending an employmentagreement with an ineligible employer. The following is a list of ineligible employers: There are currently no employers listed. Ministerial instructions As of July 14, 2012, the Minister of Citizenship and Immigration has identified employers inbusinesses, where there are reasonable grounds to suspect a risk of sexual exploitation of someworkers, that are ineligible for the TFWP. These businesses were identified as strip clubs, escortservices and massage parlours. http://www.cic.gc.ca/english/work/list.asp What happened to the 800 plus women in Canada? Who is replacing them?
  15. 15. “How Hungarian criminals built a slave trade in Ontario: A Hungariancrime family ran the largest human-trafficking ring in Canadian history,bring people from their home country to work for no pay on Ontarioconstruction sites, buying and selling some for a few thousand dollars ahead, and using them as household slaves.” Adrian Morrow, The Globeand Mail, April 2, 2012‘An Invasion of Evil’ Fourth Human Trafficker Pleads Guilty, Nicole O’Reilly,thespec, March 2, 2012“Exclusive: Hit man blocked from entering Canada: A Hungarian hit manknown as “the Killer” was hired to murder the victims of a Hamiltonhuman trafficking ring, two RCMP officers and assistant Crown AttorneyToni Skarica.“A Team of dedicated people pulled together to stop the largest humantrafficking ring in Canadian history. As a result, 15 people were convictedand 19 victims have been set free…They were beaten, fed scraps and forcedto work as slaves. And their captors came close to escaping justice”Hamilton Spectator, April 28, 2012
  16. 16. “15 of those who pled guilty had made refugee claims in Canada, and19 of the victims were forced to make fraudulent claims.”“The government doesn’t track the ethnicity of claimants, butanecdotally, it appears almost all of the bogus claims are comingfrom Roma, Kenney said….His comments come the day his officeannounce a bill to toughen the Balanced Refugee Reform Act,which proposes giving the minister power to place countries on a‘safe’ list and to deny claimants from rejected countries the abilityto appeal their case. Kenney said Hungary would likely be named asafe country. His office also plans to introduce reforms this springon deporting foreign criminals and lowering the bar for criminalconvictions that would trigger deportation. Asked whether thesechanges could prevent a similar human trafficking ring, he said:“It would make it much easier to prevent, but I can’t absolutely ruleout the possibility.” Third in Human Trafficking Ring PleadsGuilty, Thespec.com, February 17, 2012
  17. 17. Pre-Bill C-31Claims were reopened and/or modified. Because of lengthytimeline, claimants were able to gather evidence of riskLegal Aid funding grantedFull supplementary health care granted, ensuring victims receivedadequate medical care after escaping, including psychiatric careand pharmaceuticals to treat insomnia, anxiety. Full status andmedical care enabled the men to participate in proceedings.
  18. 18. Post Bill C-31Designated Safe Country of Origin : Short timeline would havemeant refugee claims decided on false basis. Victims would havehad no right to appeal. Extremely limited Legal Aid funding. Noright to health care other than for public safety reasons.Current Other survivors who presented their refugee claims(unrepresented) post Dec 2012 can no longer access PRRA for 3years, despite significant evidence of risk. One year ban on H & C No stay of removal in Federal Court Despite success of criminal case, they are living in fear of removalby CBSA
  19. 19.  6 month reflection period, followed by yearlyrenewals at discretion of officer In theory, PR after 5 years Reality: Temporary status can be revoked, renewalsdenied = Temporary Protection for Victims Only 73 granted across Canada since 2006 Does not consider family rights
  20. 20. Immigration CategoryVictims of HumanTrafficking grantedTRPVictims of HumanTrafficking (Refugee)Health CareBasic andSupplementaryNone, unless in theinterests of publicsafety
  21. 21.  Cases of forced labour (sex trafficking, labourtrafficking, marriage trafficking) that have comethrough our office, survivors have been forced into‘illegality’/ or threatened with ‘illegality’ Lack of status repeatedly used as a mechanismof control Must recognize that increased precarious status inall sectors compounds vulnerability to exploitation State is implicated in this violence due to thecategories it constructs and enforces.

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