Public Safety Minister Gary Anandasangaree said he plans to meet the U.S. government’s border czar, Tom Homan, on Tuesday afternoon to discuss the measures.Adrian Wyld/The Canadian Press
The federal government has tabled a bill that would significantly limit who can pursue refugee claims in Canada while giving officials the power to cancel immigration applications en masse.
The bill, tabled Tuesday, also includes wide-ranging border security measures aimed at reducing the flow of drugs and illicit goods out of Canada, while giving security agencies fresh powers to collect information about electronic communications.
It is one of the first pieces of legislation proposed by Prime Minister Mark Carney’s government and goes much further than changes sought by his predecessor. Justin Trudeau’s government clamped down on temporary residents and asylum claims in his final year in office as Ottawa was under pressure to address strained public services and the housing shortage. The bill reintroduces some proposed asylum changes blocked last year by opposition MPs.
The proposed legislation is the latest federal announcement designed to beef up the border with the United States after complaints from President Donald Trump that Canada has not done enough to stop illegal crossings and combat fentanyl smuggling, even though border agency data suggests only a tiny fraction of the drug in the U.S. comes from Canada. Mr. Trump has used those claims to justify tariffs on Canadian goods.
Mr. Carney promised during the spring election campaign to address “unsustainable” immigration levels and last week’s Throne Speech said the government would restore “balance to the system.”
Mr. Anandasangaree introduced the Strong Borders Act, which seeks to combat organized crime, disrupt flows of fentanyl and tighten up the immigration system.
The Canadian Press
The bill was quickly criticized by refugee advocates, who accused the government of targeting migrants and people fleeing persecution.
Under the bill, anyone who claims asylum after more than a year in Canada would not have their case considered by the Immigration and Refugee Board (IRB), and would instead face deportation. But they would be offered a risk assessment first, so claimants wouldn’t be removed to places deemed unsafe, including war zones such as Gaza or Ukraine.
It would also clamp down on those exploiting a provision in the Safe Third Country Agreement with the United States. Under the agreement, people must claim asylum in the first country they arrive in, meaning that most are sent back to the U.S. if they arrive at the Canadian border. But that rule does not apply to anyone who has been in Canada for 14 days.
The bill would change the rules to require people to claim asylum within 14 days; after that, claimants would not receive a hearing and instead be subject to deportation. Such claimants would also be entitled to a risk assessment by Immigration, Refugees and Citizenship Canada before being deported.
It would also require the IRB to suspend proceedings relating to an asylum claim if the claimant is not in Canada.
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The bill would give the government authority to immediately pause or cancel the processing of immigration applications, including en masse, for example if evidence of widespread fraud emerged.
Migrant Rights Network spokesperson Syed Hussan expressed alarm at the changes, saying they would drastically restrict protections for refugees and immigrants.
“We’re witnessing the deliberate expansion of a mass deportation machine designed to tear apart families and communities,” he said.
NDP immigration critic Jenny Kwan told reporters that the bill could drive people whose visa applications have been cancelled or asylum claims unheard to live underground without documents. She also raised privacy concerns about proposals in the bill to allow government departments - including the immigration department - to share people’s personal information.
“I’m very concerned that those who have submitted claims in the immigration system will, all of a sudden, find their application being withdrawn,” she added.
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In addition to the asylum changes, the bill also proposes new powers to border and law enforcement agencies.
The bill would give police and intelligence services enhanced power to access electronic information, in some cases without a warrant granted by a court.
It would boost the role of the Coast Guard, by giving it the ability to conduct security patrols using helicopters and boats, and to share its findings with security, defence and intelligence agencies.
The proposed law would give police more power to search mail, while expanding the authority of Canada Post to open people’s letters.
The bill would outlaw cash transactions greater than $10,000, to prevent money laundering. Banks and credit unions would still be able to take deposits in cash of over $10,000.
The bill also contains measures to clamp down on the illicit drug trade including precursor chemicals used to produce fentanyl.
To hamper the smuggling of drugs and other illicit goods, such as stolen cars, the bill would compel warehouse operators and transport companies to give Canadian border agents access to inspect goods destined for export. Currently, border agents can only check imports to Canada.
The bill also enhances the ability of law enforcement to share information about sex offenders both in Canada and abroad, including the U.S.
Public Safety Minister Gary Anandasangaree told reporters on Tuesday that he planned to meet the U.S. government’s border czar, Tom Homan, to discuss the measures.
“There are a number of elements in the bill that have been irritants for the U.S., so we are addressing some of those issues, but it’s not exclusively about the United States,” Mr. Anandasangaree said.
Michael Geist, the University of Ottawa’s Canada Research Chair in Internet Law, said measures to compel electronic service providers such as Rogers or Bell to provide information to the police and CSIS raise serious privacy concerns.
He predicted that the bill could make electronic service providers such as Microsoft, Google or Meta, produce information about their subscribers. He said the Supreme Court had knocked back previous attempts to gain access to such data without a warrant.
“The government has tried to bury this within a broader border bill to make it more immune to removal or amendment, which is troubling,” he said.