Posted: Friday, 21 January 2011

Canada is a nation of immigrants and refugees. Our country, our values, have been built on the principle of respecting human rights and dignity of all.

Yet, the Conservative government is pushing forward a bill to once again amend the Immigration and Refugee Protection Act that will punish those fleeing persecution – including children.

The Canadian Labour Congress (CLC) is deeply concerned about where Bill C-49, known as the Preventing Human Smugglers from Abusing Canada’s Immigration System Act is headed.

The majority of the proposed amendments (more than twelve), if passed, would unfairly punish those seeking asylum while merely three changes actually focus on suspected human smugglers.

Under Bill C-49, refugees including refugee children could be mandatorily detained for a year without possibility of independent review. Refugees would be denied family reunification and the right to travel abroad for over five years. Under Bill C-49, refugees would be victimized three times: first, by their persecutors; secondly, by the smugglers; and finally, by Canada.

Bill C-49 violates the Charter and Canada’s international human rights obligations. The bill also creates two classes of refugees with one class (those “designated” based on mode of arrival) treated worse than the other. This is discriminatory and contrary to the Charter which guarantees equality before the law (Section 15).

Furthermore, the bill requires the mandatory detention of designated persons without independent review. This is arbitrary detention which is contrary to the Charter and to international law. The Supreme Court of Canada has recently stated that un-reviewed detention for lengthy periods is contrary to the Charter (Section 7). Yet, this is exactly what Bill C-49 proposes.

Arbitrary detention is also prohibited by international law.

Hassan Yussuff, CLC Secretary-Treasurer, said: “This bill if passed, blocks family reunification, denies refugees the right to travel, denies the right to apply for permanent residency and integration into Canada for five long years. This is fundamentally wrong.”

The CLC calls on affiliates to join with the Canadian Council for Refugees to voice their concerns with this bill.