Immigration bill opens Pandora's Box

By Lucy-Claire Saunders


Reactions to new immigration provisions in Bill C-50 are as mixed as the kinds of immigrants coming to Canada.


From overwhelming support and optimism, to distrust and accusations of racism, the Canadian and Indian public struggle to make sense of complicated legislation that immigration lawyers warn could force an election.


Last week, several advocacy groups presented their concerns to Ottawa’s Standing Committee on Finance — the committee in charge of the budget bill containing the contentious immigration amendment.


"We are not here to validate the process that is being used by this parliamentary committee," said Mohamed Boudjenane, executive director of the Canadian Arab Federation, a non-profit representing nearly half a million Canadians of Arab decent.


"First and foremost, we believe that the powers that are going to be given to the (immigration) minister are arbitrary and do not have any precedent. We also feel that some of these measures will someday lead to racial profiling."


Amina Sherazee, a lawyer for the Canadian Arab Federation, said embedding a sweeping immigration provision in a federal budget bill is a political game of Chicken with immigrants the ultimate losers.


Sherazee suggests that the federal opposition, duly emboldened by a groundswell of popular support, particularly from Canada’s burgeoning immigrant population, could well call the Conservatives to task through a vote of confidence.


Such a move could force a federal election.


"It’s about a confidence vote — it’s not fair to Canadians to be implementing legislation this way," she said before the committee.


"This has serious implications for constitutional democracy. It certainly has implications for the rule of law," she added, explaining that would-be immigrants who have paid their fees and been waiting years in line may simply have their applications "shredded" without notice.


This week, the Standing Committee on Finance is expected to make recommendations on whether the ruling Conservatives should conduct national consultations before moving forward with the changes.


Until then, opposition to the bill continues to blaze across the country.


In Markham, Ontario, the Council of Agencies Serving South Asians (CASSA) held a forum to discuss the potential impact and implications of Bill C-50. A long list of qualified speakers, from lawyers to immigrant rights groups, spoke to the changes.


"Many are concerned about the way in which the amendments have been introduced," said Neethan Shan, the executive director of CASSA. "It’s unfortunate that an immigration-related bill is being passed as a financial budget bill. This is way too important. They need to be discussed separately."


Victor Wong, the executive director of the Chinese Canadian National Council (CCNC) in Toronto, addressed the forum, explaining that this "seemingly innocuous amendment" in fact contains sweeping changes.


"There is a fear that the minister will cherry pick the types of immigrants," he told the South Asian Post, adding that while Immigration Minister (Diane Finley) initially said the bill would not impact newcomers applying under family reunification, the legislation in fact specifically spells out how that family-class category would change.


While Prime Minister Stephen Harper has told the South Asian community that Canada favours a progressive immigration policy, before the House of Commons Citizenship and Immigration Committee last week, Minister Finley made a sharp 180-degree turn. Veering from her previous comments, Finley admitted that her proposed immigration measures are focused on reducing the number of immigrants who qualify to come to Canada.


"In terms of dealing with the backlog, the first thing we have to do is limit the intake before we can reduce it," she said.


Federal Immigration Minister Diane Finley failed to attend a pre-arranged press conference with members of the ethnic press at the Sheraton Guildford on Tuesday morning, though 40-odd protesters were in attendance outside the Surrey hotel where the community meeting was to have occurred.


Meanwhile in India, officials and newspapers are lauding Bill C-50’s immigration provisions, claiming they will make emigrating from India much easier.


Observers note that certain groups living in India believe they could benefit from the immigration amendment because of their profession.


"Certain segments of India’s population might find that the amendment makes an easier way to get in if minister Finley picks that particular group," said Shan.


"But what’s the guarantee? There is so much discretion on the part of the minister. She has the right to refuse whomever. How do we trust that?"


An Indian Economic Times article dated May 12 calls the immigration reforms "friendlier" and "compatible."


A Sify article on May 15, entitled, "Migration to Canada Easier Now," says changes made to Canadian immigration laws are "proving to be of immense advantage to prospective Indian immigrants who want to work and settle abroad."


And the changes will attract more South Indians to Canada, according to B.S. Sandhu, chairman and managing director of World Wide Immigration Consultancy Services (WWICS) — 30 per cent more.


He also said that with English becoming a requirement, those from the English-using South Indian states stand a better chance, referring to the Language Test Ottawa also hopes to push through.


In Toronto, the Canada India Foundation (CIF), a not for profit that fosters relations between the two countries, supports C-50.


"Bill C-50 is good for Canada and good for Canadian employers," said Ajit Someshwar, CIF’s national convener. "By choosing to prioritize skilled labourers, while protecting family class immigrants and refugees, the Minister is striking the right balance."


But balance is not something opposition groups see. Last week in Vancouver, protesters took to the downtown streets chanting slogans that C-50 is racist.


"It’s fairly obvious that a lot of people are either frustrated or outraged by the underhanded changes the government is trying to push through," said Mandeep Dhillon, a member of immigrant advocacy group No One is Illegal.


As Ottawa spends thousands on advertising in a bid to win support for C-50, opposition groups insist the federal government is twisting the facts, according to Victor Wong.


"I don’t want to take the minister’s word," he said, "because she’s not going to be the minister of immigration forever."

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