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international organization such as the United Nations; (2) people who

committed fraud or misrepresentation on an immigration application will be

inadmissible for 2 years.

Why we are doing it:

To strengthen our ability to enforce international sanctions.

To prevent immigration to Canada through fraudulent means.

Backgrounder # 3

Milestones On the Road to New Legislation

Since 1996, the Government of Canada has been reviewing immigration and

refugee policy and legislation with a view to fundamental policy reform and the

introduction of new legislation.

The comprehensive review process that has been under way since has involved a

significant number of consultations with many different groups and interests as well

as with individual Canadians. Ministers have been discussing immigration reform

with Canadians for more than four years.

This process has included:

The appointment of a Legislative Review Advisory Group (LRAG) in 1996

commenced a major consultation process both by LRAG and by the

government on their report, Not Just Numbers, in 1998.

A Red Book commitment in 1997 and 2000 to streamline and update the

immigration/refugee system, which promised to implement changes to

make Canada's immigration system simpler, more effective, and more

easily understood.

The release of the White Paper, Building on a Strong Foundation for the

21st Century: New Directions for Immigration and Refugee Policy and

Legislation in January 1999;

Consultations on the White Paper with Canadians, provinces and territories,

non-government organizations, the legal community, special interest

groups, and the business sector throughout 1999;

Immigration commitments in the 1999 Throne Speech, Budget 2000 and

2001 Throne Speech; including the 2001 Throne Speech commitment to

re-introduce legislation to streamline and improve the immigration system.

Consultations leading up to the Standing Committee Report of March 22,

2000 entitled Refugee Protection and Border Security: Striking a Balance;

and

The introduction of the new Immigration and Refugee Protection Act (Bill

C-31 Bill C- ) in 2000 and 2001.

General agreement on fundamentals

There is general agreement that Canada needs a new Act that is simpler, more

effective, and more easily understood. Canadians want to stop abuse of our

immigration and refugee system and protect Canada's borders.

They want a system that is fair, effective, and respectful of Canada's humanitarian

traditions and international commitments in a world of increasing migration

pressures.

They also agree that Canada needs immigrants to contribute to Canada's

economic growth and prosperity. The business community needs access to the

highly skilled global workforce. Canadians recognize that immigration is largely

responsible for Canada's rich and diverse culture, and is a key advantage in the

global economy.

Canadians want a system that reflects our traditions of family reunification and

family values, honours our history of compassion for refugees needing a safe

haven, and contains selection criteria for immigrants that will ensure that

newcomers contribute Canada's economic and social fabric.

Immigration has proved to be a successful economic, social and cultural strategy

for Canada in the past and will continue to be so in the future.

2001-03

Backgrounder # 4

Detention Provisions Clarified

Detention is one of the most serious measures a liberal society can impose on

individuals. It must be limited to cases where it is clearly warranted and does not

contravene Canada's Charter of Rights and Freedoms.

However, Canadians want to ensure that their safety and security is protected and

that that their borders remain safe.

Current grounds for detention remain unchanged

Under the current legislation, there are three main commonly used grounds for

detention:

1.Failure to establish identity;

2.Danger to the public; and

3.Unlikely to appear for future immigration proceedings or removal.

Detention process will be more effective and transparent

The criteria for detention decisions will be established in the new Regulations.

There will be a requirement to review detention decisions after 48 hours, with further

reviews scheduled after 7 days and each subsequent 30-day period.

Foreign criminals facing deportation orders will not be eligible for day parole, as

they are unlikely to respect conditions set out in temporary release programs.

Priority hearings for those in detention

To balance increased detention measures, the Immigration and Refugee Board

(IRB) will give priority to hearings for those being held in detention.

This streamlining should prevent refugee claimants from remaining in detention for

long periods of time. Every step in the process from the irregular arrival of a foreign

national in Canada to his or her removal following a negative decision will be fair

and faster.

Protection of unaccompanied minors

While the legislative package honours Canada's international commitments to

protect the best interests of the child, the security and safety of unprotected

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