The Canadian flag flies on the Peace Tower of Parliament Hill as pedestrians make their way along Sparks Street Mall in Ottawa.Sean Kilpatrick/The Canadian Press
The federal government has rejected a Senate bid to prevent it sharing immigration details about foreign-born Canadian citizens and permanent residents with provinces and foreign powers, despite a warning that it could lead to people being targeted.
The Senate earlier this month voted to amend the government’s immigration and asylum bill, known as Bill C-12, restricting the ability of the Immigration Department to share personal information it holds.
But the government has informed the Senate in a formal message that it will not agree to its amendment and will press ahead with its original plan, despite senators’ opposition to the move and concerns about potential misuse of the information.
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The message to the Senate was posted on the House of Commons order paper and is due to be discussed by MPs shortly. Consideration of the Senate amendments is a late hurdle for the bill, which has now passed through its Commons and Senate stages, including consideration in committees of both houses.
A number of senators were deeply critical of the measures in the bill, including proposals that would fast track the deportation of many asylum seekers who have been in Canada for more than a year.
The Senate committee on social affairs, science and technology, which studied Bill C-12 and heard from a variety of experts, expressed fears that parts of the proposed legislation would lead to an “overreach of executive powers.”
Earlier this month, senators voted to support an amendment to Bill C-12, which tightens Canada’s asylum and immigration system, tabled by Senator Paulette Senior.
The amendment would have barred the bill’s information-sharing powers, including powers to share details about temporary foreign workers and international students here on study permits, from applying to permanent residents and Canadian citizens born abroad.
Some senators warned the bill would effectively create two tiers of Canadian citizenship, with differing rights. Senator Yuen Pau Woo argued against it, saying it would lead to many senators discussing the bill who are Canadians born abroad potentially having their details shared with foreign entities.
Alberta Senator Paula Simons, who was among those to speak in favour of the amendment, argued that Bill C-12 would give the Alberta government, which is preparing a referendum on immigration, “a brand new vector” for finding out who in the province is - or is not - a permanent resident or citizen, or a temporary resident. She said the bill would open “a very noxious chasm in the fabric of our Canadian society.”
But the government, in a formal message to the Senate, said it would not accept the amendment “because the amendment would remove Canadian citizens and permanent residents from the clear and transparent information-sharing framework” established by the bill.
It argued that the purpose of the section of the bill with the information-sharing powers is to replace the current patchwork of authorities with a single coherent regime.
Ms. Senior, who tabled the original amendment, said its rejection “is a missed opportunity to reflect on the far-reaching impact on millions of naturalized citizens and permanent residents.”
“The practice to extend information sharing, particularly to foreign entities, is hugely problematic and could possibly lead to information being misused and potentially resulting in some people being targeted,” she said in an e-mail.
The government did allow two amendments - proposed by the sponsor of the bill Senator Tony Dean - that would bring in reviews of the bill and its impact after five years.
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One requires the Immigration Minister to file a report after five years about measures restricting asylum claimants’ rights.
The report would assess the impact of barring asylum claimants who have been in Canada for more than a year from a hearing at the Immigration and Refugee Board, the independent tribunal that adjudicates refugee claims.
It would include figures on the number of refugee protection claims deemed ineligible. The government has added in its message to the Senate that this should include people who arrived, left and re-entered the country after June 24, 2020, the retroactive date when the new ineligibilities would start.
Mr. Dean said, “We saw the Senate at its best in examining Bill C-12, a complex omnibus bill.”
“While several amendments were proposed, only those dealing with important five-year reviews, both of the new provisions and the new ineligibilities in particular, were approved – this will offer an important look-back at the government’s desired outcomes," he said in an e-mail.
But advocates for refugees expressed disappointment that the government had not taken on board the Senate’s recommendations.
Gauri Sreenivasan, Canadian Council for Refugees co-executive director, said “the government has rejected the only Senate amendment not of its own making - steamrolling the process and disregarding clear warnings from senators and civil‑society leaders about the risks this legislation poses to refugees, migrants and Canada’s immigration system."
The Senate social affairs committee suggested gutting or significantly amending large sections of the bill relating to asylum and immigration.
“None of its substantive recommendations were accepted. The committee’s work has been sidelined and ignored,” Ms. Sreenivasan added in an e-mail.