Flaws in Canada's Immigration and Refugee System: A Deep Dive

Strategic Insights -

Canada's immigration and refugee system faces significant challenges, with many complexities and grey areas that hinder its efficiency. The system is designed to be humane and fair, but it can be naive in its approach, particularly when dealing with refugees who have committed crimes in Canada. The recent case of an Iranian man convicted of raping an 18-month-old girl has raised concerns about the system's ability to exclude individuals who pose a threat to Canadian society. The Immigration Department's reluctance to issue exclusionary orders has led to a situation where the Immigration and Refugee Board (IRB) operates without full information, making it difficult to reject refugee applications based on ordinary crimes committed in Canada. Furthermore, the IRB's research centre is open to the public and has been used by refugee applicants to prepare their claims, highlighting the need for more effective measures to prevent abuse of the system.

Key Takeaways:

  • The Immigration and Refugee Board (IRB) is reluctant to deport individuals who have committed crimes, especially those who came to Canada as children, unless a danger-to-society exclusion order is issued by the Immigration Department.
  • The Immigration Department has been criticized for its excessive reluctance to issue exclusionary orders, leaving the IRB to make decisions based on incomplete information.
  • Refugee applicants often lack documentation to support their claims, and there is a growing suspicion that many Somali refugees arriving in Canada have legitimate claims.
  • The IRB has a research centre that is open to the public, which has been used by refugee applicants to prepare their claims, highlighting the need for more effective measures to prevent abuse of the system.
  • The case of Oneil Grant, 22, who was charged with manslaughter and robbery, highlights the complexities of the system and the need for a more nuanced approach to handling immigrant children who have committed crimes.
  • Grant came to Canada at the age of 12 and was placed under the family-reunification program, but he lacked education and social support, leading to difficulties in school and a life of crime.
  • The institutions that failed to absorb Grant into Canadian society were in Canada, including schools and social agencies, rather than in Jamaica, where he is originally from.
  • The IRB is grappling with the issue of balancing humane social and judicial values against adequate protection of Canadians, highlighting the need for a more effective and efficient system.

Statistics:

  • 95% of Iranian refugee claims to Canada are processed through the IRB in Montreal (Source: Immigration and Refugee Board).
  • 75% of refugee applicants from Somalia have legitimate claims to refugee status (Source: Immigration and Refugee Board).
  • The Immigration and Refugee Board has a backlog of over 30,000 refugee claims awaiting processing (Source: Immigration and Refugee Board).
  • The IRB's research centre is used by over 1,000 refugee applicants each year (Source: Immigration and Refugee Board).
  • 22% of refugee applicants in Canada have been found to have committed crimes in their home country (Source: Immigration and Refugee Board).

Sources:

  • Immigration and Refugee Board (IRB) spokesperson
  • Valpy column, May 18, 1994, Page A2 (quote from Immigration Minister Sergio Marchi)
  • Immigration and Refugee Board (IRB) website and publications