listed country of origin because there is no central authority in that country
to issue documents.
Why we are doing it:
To allow genuine refugees to be processed faster so that their lives are not
put in limbo while they wait for decisions crucial to their future.
To provide a fair opportunity to correct errors in law or fact in the first
instance, and to increase the integrity of the decision-making process.
Front-end Security Screening
What it is:
A security check initiated when a person makes a refugee claim.
Why we are doing it:
To catch criminals and people who present security risks at the start of the
process and speed genuine refugees through the system. Currently, a
security screening is carried out only once a person is granted refugee
status by the IRB.
Admissibility Hearing
What it is:
A hearing before an independent adjudicator to decide whether a person is
admissible to Canada.
Why we are doing it:
To make fair but fast decisions on security cases.
Pre-removal Risk Assessment
What we are doing:
Legislating a procedure to fairly assess the risk of return prior to removal.
There will be flexibility for an oral hearing should the complexity of the case
require it.
Repeat claimants, failed refugee claimants, and refugees who have
withdrawn or abandoned their claims will be assessed on the grounds of the
Geneva Convention, the United Nations Convention against Torture, and the
risk of cruel or unusual treatment or punishment.
People found to be inadmissible to Canada for reasons of serious
criminality, security, organized crime or violations of human rights will be
assessed on the grounds of the United Nations Convention against Torture
and the risk of cruel or unusual treatment or punishment.
Why we are doing it:
To ensure that there is a fair and effective procedure for assessing the risk
of return for individuals being removed from Canada.
Strengthening Enforcement
Penalties
What we are doing:
Increasing penalties for existing offences.
Creating a new offence for human trafficking.
Extending Criminal Code counterfeiting provisions (which currently apply
only to passports) to cover any immigration document or travel document
(with an exemption for refugees).
Allowing for the seizure of assets in cases of migrant smuggling and
trafficking.
Providing new authority to seize citizenship documents to prevent fraud.
Creating a new offence for people who counsel a person to misrepresent
himself or herself or to commit an offence under the Act.
Creating a new offence for the possession and laundering of proceeds from
immigration offences.
Raising the penalty to life in prison for migrant smuggling and trafficking.
Why we are doing it:
To ensure that we have the tools we need to combat organized crime and
human trafficking.
Exclusion from the Refugee Determination System
What we are doing:
Barring access to serious criminals, people who present security risks,
organizers of criminal operations, or violators of human rights. A "serious
criminal" is defined as someone who was convicted of an offence punishable
by 10 years or more and who has received a sentence of 2 years or more in
Canada. People convicted of an offence punishable by 10 years or more
outside Canada will only be excluded if the Minister finds them to be a
danger to the public.
Why we are doing it:
To prevent abuse of the refugee protection system.
Eliminating Appeals
What we are doing:
Eliminating appeals to the Immigration Appeal Division for serious criminals,
people who present security risks, members of criminal organizations and
war criminals. There will remain recourse to judicial review with leave by the
Federal Court.
Why we are doing it:
To ensure that we can remove serious criminals and people who pose a
security threat to Canada without delay.
Suspension of a Refugee Claim
What it is:
The ability to suspend a person's application for protection before the IRB if
he or she has been charged with a crime. The claim would be suspended
until the courts have rendered a decision on the case.
Why we are doing it:
To prevent abuse of the system by people who come to Canada not
because they need protection but because they intend to engage in crime.
Repeat Claims
What we are doing:
Extending the period after which a new claim can be made from 90 days to
six months.
Why we are doing it:
To avoid "revolving door" situations where failed refugee claimants return to
Canada and make multiple claims.
Detention and Day Parole
What we are doing:
Excluding incarcerated foreign criminals under removal order from day
parole.
Why we are doing it:
It is inconsistent to integrate individuals into Canadian society who are to be
deported on completion of their sentence.
Streamlined Security Certificate Process
What we are doing:
Applying to permanent residents the security certificate process that
currently applies only to non-permanent residents. The process requires the
signatures of two ministers to the effect that the person is inadmissible on
grounds of security, and a review of the certificate by a Federal Court judge.
Why we are doing it: