43rd Parliament289Closed upon dissolutionAugust 15, 2021e-2720e-2720 (Citizenship and immigration)ClaudeSaizonouBrianMasseWindsor WestNDPONAugust 18, 2020, at 9:40 a.m. (EDT)October 17, 2020, at 9:40 a.m. (EDT)October 20, 2020Petition to the <Addressee type="2" affiliationId="" mp-riding-display="1">Government of Canada</Addressee>Whereas:COVID- 19 has exposed Canada’s desperate need for workers and immigrants to drive our economy;While many people could work from home during the pandemic, many asylum seekers and undocumented foreign nationals did not stop working and continued to provide essential, necessary support to help the sick and vulnerable;Many refugee claimants are already absorbed or acclimatized to Canadian system and have been employed, settled, contributing and paying taxes for many years; andThese refugees and undocumented immigrants who have or can contribute to Canada's economy and society must be given the opportunity to continue to do so with legal status and its benefits.We, the undersigned, residents of Canada, call upon the Government of Canada to 1) Temporarily suspend deportation orders issued pursuant to the Immigration and Refugee Protection Act subsection 41(a), section 19 and section 20(1)(a) to refugee claimants; 2) Allow refugees, including failed refugees, and undocumented immigrants, to apply for permanent residency in the economic categories from within Canada; and 3) Recognize the work done by undocumented migrants and refugees, and recognize any work periods interrupted by COVID-19, as part of working time requirements for permanant residency applications.COVID-19Immigration and immigrantsPandemicRefugees43rd Parliament223Government response tabledMay 26, 2021432-00761432-00761 (Foreign affairs)JohnWilliamsonNew Brunswick SouthwestConservativeNBApril 12, 2021May 26, 2021March 25, 2021Petition to the Government of CanadaWhereas:
  • For many generations, Hong Kong has accepted migrants and refugees from mainland China and elsewhere in Asia who were seeking freedoms and a better life.
  • Today, the Hong Kong people are seeking assistance from other democracies and Canada should stand with them.
We, the undersigned, citizens and residents of Canada, call upon the Government of Canada to:(1) Protect the rights of our citizens by informing Beijing that the mobility rights of Hong Kong Canadians are non-negotiable and sacrosanct;(2) Quickly open a path to Canadian citizenship for family members of Canadian citizens in Hong Kong;(3) Offer a three-year working visa with a path to citizenship for Hong Kong students completing an accredited study program in Canada; (4) Expedite asylum claims made by Hong Kong people involved in the pro-democracy movement; and(5) Work with the United Kingdom, United States, France, Australia, New Zealand and other democracies to protect the fundamental and inviolable rights of all dual-national citizens living in Hong Kong.
Response by the Minister of Foreign AffairsSigned by (Minister or Parliamentary Secretary): Rob OliphantCanada has a special relationship with Hong Kong that is rooted in a shared history and extensive commercial, institutional and people-to-people ties.(1) The maintenance of Hong Kong’s high degree of autonomy, as outlined in the Sino-British Joint Declaration, is a high priority for the Government of Canada. Canada has stated on several occasions, through public declarations and private conversations with the Government of China, that the imposition of the National Security Law on Hong Kong lies in direct conflict with China’s international obligations under the legally-binding, UN-registered Sino-British Joint Declaration. Through the Joint Declaration, Hong Kong is guaranteed that fundamental rights and freedoms will be ensured by law.The National Security Law was enacted in a secretive process, without the inclusive participation of Hong Kong’s legislature, judiciary or electorate, and in violation of China’s international obligations. The National Security Law also raises the prospect of prosecution in Hong Kong for political crimes, and undermines the One Country, Two Systems framework and existing commitments to protect the rights of the people of Hong Kong. Canada believes this law will undermine the confidence of the people of Hong Kong and of the international community and exacerbate tensions in the Hong Kong Special Administrative Region. With an estimated 300,000 Canadians living in Hong Kong, Canada has a strong interest in supporting Hong Kong’s relative autonomy and basic freedoms, which serve to underpin the territory’s continued stability and prosperity.Following the imposition of the National Security Law on Hong Kong in June 2020, Canada updated the travel advice for Hong Kong in order to advise Canadians of the potential impacts of the National Security Law. Canadians travelling to Hong Kong are advised that activities considered as national security violations are broadly and vaguely defined. These could include activities that are not considered illegal in Canada and that occurred outside of Hong Kong. With the imposition of the National Security Law, there is a risk of being arbitrarily detained on national security grounds, even while one is transiting through Hong Kong.The Government of Canada is also concerned by the recent passage of a new law in Hong Kong that could impact movement rights in the Special Administrative Region. The right to leave Hong Kong is guaranteed under the Basic Law and should be upheld. The Government is monitoring the situation closely, and will continue to work with international partners to ensure that fundamental rights and freedoms are respected.(5) Canada has worked with international partners to support the fundamental rights and freedoms of Hong Kong residents and Hong Kong’s high degree of autonomy under the Basic Law and the One Country, Two Systems framework. Canada has joined the international community in reiterating its serious concern at the imposition of the National Security Law for Hong Kong by the Standing Committee of the National People’s Congress of China. In advance of the imposition of the law, Canada, Australia and the United Kingdom issued a joint statement on May 22, 2020, expressing deep concern over proposals to introduce national security legislation in Hong Kong. Another statement was issued with Australia, the United Kingdom and the United States on May 28, 2020, reiterating concerns over the anticipated introduction of the National Security Law. On June 17, 2020, Canada joined its G7 partners to release a joint statement urging China to reconsider its decision.On November 18, 2020, Canada, Australia, New Zealand, the United Kingdom and the United States reiterated our serious concerns regarding China’s imposition of new rules to disqualify elected legislators in Hong Kong amid a concerted campaign to silence all critical voices following the postponement of the Legislative Council elections, the imposition of charges against a number of elected legislators, and actions to undermine the freedom of Hong Kong’s vibrant media.On January 9, 2021, Canada joined Australia, the United Kingdom and the United States to condemn the mass arrests of 55 lawmakers under the NSL, including opposition figures, pro-democracy campaigners, human rights lawyers and academics and candidates from the primaries in clearly stating that the National Security Law is being used to eliminate dissent and opposing political views.Following the adoption by the National People’s Congress of a package of changes to the electoral system in Hong Kong, the G7 Foreign Ministers of Canada, France, Germany, Italy, Japan, the United Kingdom, the United States and the High Representative of the European Union, released a joint statement on March 12 expressing our grave concerns at the Chinese authorities’ decision. The joint statement made it clear such a decision strongly indicates that the authorities in mainland China are determined to eliminate dissenting voices and opinions in Hong Kong, while also stifling political pluralism, contrary to the aim of moving towards universal suffrage as set out in the Basic Law.Canada remains committed to working with international partners to ensure that the free, stable and prosperous nature of Hong Kong is maintained. The Government of Canada closely monitors the situation in Hong Kong and raises concerns publicly and privately with officials as needed, including on issues involving the rights of dual nationals living in Hong Kong. The Nationality Law of the People’s Republic of China applies in the Hong Kong Special Administrative Region. Under this law, dual nationality is not legally recognized in Hong Kong. Global Affairs Canada has updated the dual nationality section of the department’s Travel Advice and Advisories (TAA) webpage to reflect Hong Kong’s enforcement of this law. Since local authorities may refuse to grant consular access to detained individuals who declare themselves as Chinese nationals, we strongly recommend that Canadians present themselves as Canadian to authorities at all times. Canada continues to monitor developments and proactively inform Canadian nationals of their rights.Support for human rights and the rule of law, both at home and abroad, remains a priority and Canada continues to closely monitor the situation in Hong Kong, and will take further action when necessary.
Response by the Minister of Immigration, Refugees and CitizenshipSigned by (Minister or Parliamentary Secretary): The Honourable Marco MendicinoCanada shares many ties with the people of Hong Kong and is concerned with the deteriorating human rights situation there. We will continue to support the connections between Canada and Hong Kong, and stand up to the abuse of human rights everywhere, including the people of Hong Kong.Canada has longstanding and extensive pathways that Hong Kong residents can use to come to Canada either temporarily or permanently. This includes a family reunification program which is targeting to grant permanent resident status to 103,500 individuals from all over the globe in 2021. The program allows for the sponsorship of spouses, common-law partners, conjugal partners, dependent children including adopted children, parents, grandparents, or orphaned relatives under the age of 18. To help further facilitate reunification with family members abroad, Canada also offers opportunities for temporary resident status, including the ability of parents and grandparents of Canadian citizens and permanent residents to apply for the Parents and Grandparents Super Visa, which is valid for up to 10 years and allows extended stays of up to two years at a time. The Government of Canada also encourages all permanent residents, including family members of Canadians, to become Canadian citizens and to become active in their communities, to ensure they benefit from all the privileges of being a full member in Canadian society.In November 2020, the Government of Canada introduced a new temporary residence initiative for Hong Kong youth that provides open work permits of up to three (3) years to those who have completed a degree or diploma (program of two years or more) from a designated Canadian post-secondary institution in the last five (5) years, or the equivalent credential from a learning institution abroad. Applications for the new open work permit opened on February 8, 2021. Individuals with these open work permits who would like to permanently remain in Canada may apply for permanent residency after only one year of working in Canada.   The Government of Canada is also creating two new streamlined pathways to permanent residence, which will be available later this year. The first will target those from Hong Kong who have gained a minimum of 1 year of authorized work experience in Canada and meet other criteria such as minimum language and education levels. The second pathway will allow those who have graduated from a post-secondary institution in Canada to apply directly for permanent residence. As with all permanent residents, individuals who may come through these new pathways for people for Hong Kong will be encouraged and supported to become Canadian citizens.The Department has also implemented a number of new measures to promote and facilitate our existing immigration programs for Hong Kong residents. IRCC has shifted work to ensure there are sufficient resources dedicated to further speed up processing of Hong Kong permanent residence applications, including for family sponsorship, where travel is permitted under current COVID-19 restrictions, or where the applicant is already in Canada. Canada is also increasing efforts to attract Hong Kong youth to Canada, including through International Experience Canada, by prioritizing Hong Kong applicants and promoting the program in Hong Kong.Taken together, these measures represent a significant expansion of the opportunities for Hong Kong residents to come to Canada. Canada has opened its doors, as others have done, and these measures are a strong complement to those announced by Canada’s close partners, including the United Kingdom and Australia.With regard to those fleeing persecution, Canada has a robust asylum system and like all foreign nationals who are in Canada, Hong Kong residents have access to this protection. Individuals who are eligible to make a claim are referred to the Immigration and Refugee Board of Canada (IRB), an independent, administrative tribunal. Board decisions are made by an independent decision-maker in accordance with the law, based on the merits of the specific facts presented in an individual case.To provide fair and efficient adjudicative justice, the IRB regularly monitors and updates country conditions in refugee-producing countries or regions. Refugee claims from Hong Kong before the IRB are currently being actively examined and case management strategies are being utilized to ensure the efficient and timely determination of these claims. Namely, claims from Hong Kong residents have been identified for triage as part of the Board’s Task Force on Less Complex Claims. This means that, based on current conditions, the Board has identified claims made by Hong Kong residents in Canada as suitable to be decided without a hearing or through a short-hearing, if there are only one or two key determinative issues to be resolved. If there are more complicated questions of credibility or identity, then such cases will not be able to be addressed as a less complex claim and will be decided with a regular hearing.Due to the worsening conditions in Hong Kong that could put some individuals at risk, in November 2020 the Government of Canada also implemented an exemption to the 12-month bar on a pre-removal risk assessment (PRRA) for Hong Kong residents. A PRRA examines the risk an individual may face if they are returned to their home country. Normally, individuals who receive a negative decision on their asylum claim from the IRB or the Federal Court, or on their previous PRRA application, are not eligible to apply for a PRRA for at least 12 months from the date of their decision.  Residents of Hong Kong are exempt from the 12-month bar if their IRB or previous PRRA decision was made between November 13, 2019 and November 12, 2020, inclusive.In addition to the in-Canada asylum system, Canada offers protection to persecuted people outside of Canada who have fled their country of origin through the Refugee Resettlement Program. In 2019, Canada resettled more than 30,000 refugees and was the world’s top refugee resettlement country for the second year in a row. Refugees having fled persecution in Hong Kong and lacking options to permanently settle elsewhere, can potentially be sponsored by Canadian citizens or permanent residents, or by designated referral partners such as the United Nations Refugee Agency. Canada has also committed to implement a new resettlement stream for human rights defenders, adding 250 resettlement spaces over and above its existing refugee resettlement commitments to the Immigration Levels Plan beginning in 2021. Canada is working with international and Canadian partners to implement the new stream this year. Hong Kong human rights defenders having fled persecution may be eligible for resettlement under this new stream.The Government of Canada will continue to strengthen and deepen the ties between Canada and Hong Kong. Support for human rights and the rule of law, both at home and abroad, remains a priority and Canada continues to closely monitor the situation in Hong Kong, and will take further action if and when necessary.
Civil and human rightsForeign policyHong KongImmigration and immigrants
43rd Parliament223Government response tabledSeptember 24, 2020e-2600e-2600 (Citizenship and immigration)ArcelleAppolonAlexandreBoulericeRosemont—La Petite-PatrieNDPQCMay 12, 2020, at 5:23 p.m. (EDT)June 11, 2020, at 5:23 p.m. (EDT)June 17, 2020September 24, 2020June 15, 2020Petition to the <Addressee type="6" affiliationId="" mp-riding-display="1">Prime Minister</Addressee>Whereas:The COVID-19 pandemic is an unprecedented situation for all residents of Canada and requires a war-level effort to face down this merciless enemy;We are fighting to protect ourselves and, above all, the most vulnerable, namely, seniors, people with a chronic illness and less fortunate neighbourhoods;Despite the chronic insecurity of their precarious status in Canada, asylum seekers play a key role in essential services and, more specifically, in Quebec’s Long Term Care Homes (CHSLD) and seniors’ homes hit hard by COVID-19;In exceptional circumstances, these individuals are contributing their skills, dedication and dignity to help us fight this pandemic while risking their own health and that of their family; andExpelling these guardian angels from the country as soon as the battle is won would run counter to our values as Quebeckers and Canadians.We, the undersigned, Citizens of Canada and members of the Concertation haïtienne pour les migrant.es, call upon the Prime Minister to show leadership by implementing a special program to regularize the status of asylum seekers working to fight COVID-19, and therefore supporting the health and safety of all Canadians, for humanitarian reasons.
Response by the Minister of Immigration, Refugees and CitizenshipSigned by (Minister or Parliamentary Secretary): The Honourable Marco MendicinoThe Government of Canada is aware of calls to provide a pathway to Permanent Residency for asylum claimants across the country who work in the health care sector in recognition of their exceptional service during the COVID-19 pandemic.Front-line healthcare workers play a critical role in keeping Canadians healthy. We are all deeply grateful for their dedication, commitment and bravery.We recognize that this is a unique situation and are currently examining how we can recognize those who are working hard on the front-lines to keep Canadians safe and healthy.Asylum claimants in Canada continue to have access to the Interim Federal Health Program and temporary work permits. In addition they have access to interim housing, social assistance, education and legal aid through the provincial and territorial governments.
AsylumCaregivers and health care professionalsCOVID-19Immigration and immigrantsPandemic
43rd Parliament223Government response tabledJuly 20, 2020e-2429e-2429 (Citizenship and immigration)JohanneBoivin DrapeauXavierBarsalou-DuvalPierre-Boucher—Les Patriotes—VerchèresBloc QuébécoisQCFebruary 18, 2020, at 11:56 p.m. (EDT)April 18, 2020, at 11:56 p.m. (EDT)May 20, 2020July 20, 2020April 21, 2020Petition to the <Addressee type="4" affiliationId="253396" mp-riding-display="1">Minister of Immigration, Refugees and Citizenship </Addressee>Whereas: Our immigration system needs a federal ombudsman who would help improve quality and who would bring transparency to the services provided to citizens; Action is required in many situations to prevent and address the errors and injustices experienced by Canadian citizens and permanent residents who use the services of Immigration Canada; Citizens have the right to be protected if they believe that one of their rights has not been respected and if they believe the Department of Immigration made an error or committed an injustice; Discussion and settlement by mutual agreement must be the preferred methods when parties interact with each other; Citizens have the right to obtain services and responses in a reasonable time frame; Citizens have the right be treated with respect, objectivity and fairness by government employees; andSponsors have the right to be heard. We, the undersigned, Canadian citizens and permanent residents with family members abroad, call upon the Minister of Immigration, Refugees and Citizenship to ensure that an office of a federal ombudsman is created to address the many shortcomings of the immigration system and to ensure (i) that the ombudsman works to improve the quality of citizenship and immigration services provided to public by providing individual assistance and recommendations to improve how immigration benefits are managed, (ii) that it also be possible to make recommendations to both the federal and provincial governments, (iii) that the federal ombudsman be given the authority to receive complaints and conduct investigations to address errors and injustices.
Response by the Minister of Immigration, Refugees and CitizenshipSigned by (Minister or Parliamentary Secretary): The Honourable Marco MendicinoThe Government’s ability to provide quality, timely and efficient service is central to ensuring a high-performing immigration system that maintains the confidence of Canadians and is reflective of the Government’s goal to continue welcoming those who want to contribute to the future of Canada.Immigration, Refugees and Citizenship Canada (IRCC) is a service-focused Department that operates a vast service delivery network, interacting with millions of clients in Canada and across the globe every year, including applicants for electronic travel authorizations, visas, permanent residence, asylum and resettlement, citizenship and passports, as well as Canadian sponsors, employers and schools, amongst others.IRCC staff must abide by our Departmental Code of Conduct, including all elements of the Values and Ethics Code for the Public Sector. Values and ethics are at the heart of IRCC decisions. Officers abide by high ethical standards and have the delegated authority to assess and make positive and negative decisions which take into account legislative and regulatory provisions related to eligibility and admissibility. Functioning within the legislative framework of the Immigration and Refugee Protection Act (IRPA), the Department is bound to principles of procedural fairness.In addition to training in the processing of applications in various categories, such as the Family Class, officers also receive broader training in legal and other principles applicable to all cases. This training includes, but is not limited to, cross-cultural sensitivity; interviews; working with interpreters; values and ethics; code of conduct; exceptional circumstances: use of humanitarian and compassionate consideration (the discretionary provision of section 25 of IRPA permitting exemptions justified on humanitarian and compassionate considerations); and temporary resident permits. An example is the training module on Procedural Fairness and the Act which outlines the requirements of administrative law principles of procedural fairness and the Government’s human rights obligations. Where an application is refused, the Department issues refusal letters which identify which legislative or regulatory requirement(s) have not been met. There are mechanisms in place for applicants who disagree with a decision. Applicants for temporary residence may opt to reapply if they have new information to provide or if their situation has changed such that it would address the issue with their initial application. In permanent residence streams, sponsors in the Family Class may generally appeal a refusal of their relative’s permanent residence application to the Immigration Appeal Division at the Immigration and Refugee Board. In addition, under Canadian immigration, citizenship and passport law, applicants have recourse to the Federal Court to seek judicial review or judicial review with leave and writ of mandamus to compel the Department to render a decision. Applicants may also file a complaint with the Canadian Human Rights Commission.Different mechanisms are in place to monitor work performance and quality of decisions, including periodic employee performance evaluations and quality assurance exercises. Performance audits may also be conducted by the Office of the Auditor General of Canada to assess how well activities, responsibilities and resources are being managed.In recent years, coordinated efforts to increase levels space through the Multi-Year Levels Plan, invest in technology, take on a transformation agenda, and re-engineer existing processes have resulted in: the Express Entry application system for economic immigration; reduced inventories and faster processing times for spousal and citizenship grant applications; and, increased availability of electronic application forms and online tools to check application processing times and access case status information. The Department’s transformation work is modernizing and optimizing the way work is done with a more nimble, digital and client-focused system – this is done by transforming the Department’s services, information management and information technology infrastructure and how work is done. This includes careful reviews of internal processes, including implementing Agile project management methodology and Lean business processes which contribute to positive client service outcomes, for example by reducing time required to process applications. The modernization of IRCC’s technology would also bring client service improvements, security enhancements and strengthen program integrity.As immigration is a shared federal, provincial and territorial responsibility, the Department has strong relationships with provincial and territorial governments on immigration and settlement, including on matters of processing and client engagement.The Department is also working to implement the College of Immigration and Citizenship Consultants, where its Act received Royal Assent as part of Bill C-97 in spring 2019. The anticipated College will regulate immigration and citizenship consultants in the public interest and protect the public, including by establishing and administering qualification standards and standards of practice for consultants, ensuring compliance with the code of professional conduct, and undertaking public awareness activities.Even with these significant modernization gains, the Government acknowledges that clients are also concerned about how we engage with them over the course of their wait time. The Department’s services touch on very important decisions and milestones in people’s lives, and it is imperative they are delivered in a way that reflects the very best of what Canada has to offer.In 2017, the Government mandated the Department to work on reducing processing times and to improve its service to clients. Service excellence is a key tenet of the new client service approach implemented at the Client Support Centre in January 2017. The Client Support Centre provides personalized client support for clients seeking immigration information, case status, technical support and other services. Since 2017, the Department has focused on improving client service through a better understanding of client needs. Application and admission volumes have increased in recent years, and so have the number of client support enquiries received at the Client Support Centre. The Department has hired more Client Support Centre staff through Budget 2019 investments to meet commitments made to the Office of the Auditor General’s May 2019 report on call centres and the Department’s public service standards, published in December 2019.
Government servicesImmigration and immigrantsOmbudsman