{"id":15056,"date":"2026-03-27T09:28:02","date_gmt":"2026-03-27T13:28:02","guid":{"rendered":"https:\/\/cila.co\/?p=15056"},"modified":"2026-03-27T09:28:02","modified_gmt":"2026-03-27T13:28:02","slug":"cila-denounces-bill-c-12-coming-into-law","status":"publish","type":"post","link":"https:\/\/cila.co\/fr\/cila-denounces-bill-c-12-coming-into-law\/","title":{"rendered":"CILA denounces Bill C-12 coming into law"},"content":{"rendered":"

CILA notes with dismay that that Bill C-12 (the\u00a0<\/span>Strengthening Canada\u2019s Immigration System and Borders Act<\/span><\/i>) has been given royal assent.\u00a0 While border security is essential to the\u202fsafety of Canadians, the changes the Act has made to our immigration system raise major concerns.\u202f<\/span>\u00a0<\/span><\/p>\n

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The fairness that was once a hallmark of\u00a0Canada\u2019s immigration system has been eroded.\u00a0\u202fOver\u202f40 years ago,\u202fthe Supreme Court ruled\u202fthat\u202frefugee claimants\u202fdeserve\u202fa chance to\u202fmake their case\u202fin person before being sent away.\u202fLikewise,\u202fcourts have\u202falso ruled that would-be immigrants, workers,\u202fvisitors\u202fand students\u202fare entitled to procedural fairness in the processing of their applications.\u202fThis new law changes that for many people.<\/span>\u00a0<\/span><\/p>\n

Now\u00a0the federal government\u00a0will\u00a0have\u202fthe power to cancel immigration\u202fdocuments\u202for stop applications whenever\u00a0it\u202fdeems\u202fit to be\u202fin the \u201cpublic interest.\u201d\u202f\u00a0However, \u201cpublic interest\u201d remains undefined in the Act,\u00a0opening the door to arbitrary actions by the government. Students and skilled workers could see their permits cancelled without explanation. Would-be immigrants could be told their applications have been cancelled after they have spent years waiting in line\u202flegally.\u202fThis would\u202fhurt the credibility of the immigration system\u202fand\u202falso\u202funfairly penalize applicants who are following the rules.\u202f<\/span>\u00a0<\/span><\/p>\n

What is more, the Act will reduce the number of refugee claimants who are entitled to an in-person\u202fhearing at the Immigration and Refugee Board (IRB)\u202fwhere they can\u202fexplain their claim\u202fdirectly to\u202fa\u202fdecisionmaker\u2014greatly increasing their chances of being sent home to face persecution. Instead of an in-person\u202fhearing,\u202frefugees who have waited more than a year to claim\u202fasylum\u202for those who have entered Canada from the U.S. by irregular means\u202fwould\u202fhave\u202ftheir claim assessed on paper by an immigration officer. No talking, no explaining, no face-to-face interaction and\u202fvery little\u202fchance to appeal if the\u202fofficer\u202fgets\u202fit wrong. The Act will not reduce the volume of refugee claims. It will just shift the flow from having a robust hearing in front of a refugee judge to a non hearing decided by an immigration officer. It is a solution in search of a problem.\u00a0<\/span><\/p>\n

There are also no exceptions allowed to these new rules.\u00a0What if\u00a0someone\u2019s\u00a0home country was safe when\u00a0they\u00a0left, but a war started while\u00a0they\u00a0were\u00a0in Canada?\u00a0What if\u00a0someone was\u00a0too traumatized or scared to speak up right away?\u00a0What if someone has\u00a0good reasons to fear they will be apprehended by ICE if they make an asylum claim in the US?\u00a0\u00a0Under\u202fthe new Act, it\u202fwouldn\u2019t\u202fmatter.\u202fSuch claimants will\u00a0not get\u202fan in-person hearing\u202fand\u00a0will\u00a0have limited appeal rights.\u202f\u202f<\/span>\u00a0<\/span><\/p>\n

Furthermore, the new law applies retroactively, which is contrary to basic rules of fair play.<\/span>\u00a0<\/span><\/p>\n

Over 300 civil society groups expressed\u00a0opposition\u00a0to the Act, including the UNHCR,\u00a0citing concerns\u202fregarding\u202fhuman rights, privacy, and executive overreach<\/span>,<\/span><\/b>\u202fyet it passed anyway.<\/span>\u00a0<\/span><\/p>\n

This new law should raise red flags for all\u00a0Canadians. Our legal system is like a shield. If we let the government poke holes in that shield for one group of people, the whole shield becomes weaker for everyone.\u202fThis becomes a slippery slope whereby the federal government\u202fcould feel\u202femboldened to also infringe on civil liberties and constitutional rights through other means.\u202f<\/span>\u00a0<\/span><\/p>\n

Improving the integrity of Canada\u2019s border and immigration system is\u00a0necessary\u2014but it must be done in a way that upholds the rule of law,\u00a0democratic principles,\u00a0international obligations,\u00a0 procedural fairness, and the safeguards that protect vulnerable people.<\/p>\n

Read more:<\/strong><\/p>\n