If you’re a permanent resident of Canada and happen to have a run-in with the law, you won’t go to jail – you’re more likely to be kicked out of the country.
At least, that’s what will happen if the Conservative government’s Bill C-43 is voted into law after parliamentary review.
It looks like another bill specially designed to fit the get-tough-on-crime mandate that has been at the epicentre of the Conservative government’s draconian legal reform since it won a majority in 2011.
But, it poses several concerns about civil liberties and the way Canada treats its immigrants.
The bill, called the Faster Removal of Foreign Criminals Act, stretches the boundaries of the definition “foreign criminal,” allowing for a reduction in the appeal process for immigrants and vague discretion on behalf of Immigration Minister Jason Kenney to reject applications touting ambiguous “public policy” concerns.
Right now, individuals sentenced to less than two years for an offence, maintain the right to appeal to the Immigration Appeal Division, which hears and decides on appeals on immigration matters such as removal orders.
Under the proposed changes, the right to appeal is only available to those sentenced less than six months.
Not many will argue against the removal of hardened criminals who continually break the law. It’s the permanent residents, who don’t have Canadian citizenship that will be swept along with this vague bill that we need to worry about.
This change won’t remove foreign criminals faster, it will mean resident minors and one-time offenders are haphazardly grouped among career criminals.
The bill hasn’t escaped opposition though, having been controversial since its first reading. It has been criticized by legal organizations and opposition parties.
NDP MP Sadia Groguhé has said in the House of Commons that the Conservatives are betraying Canada’s tradition of welcoming immigrants and protecting basic human rights.
The Canadian Bar Association isn’t happy either; it has quickly dismissed a majority of the changes as unnecessary and unreasonable, calling it a “one-size-fits-all denial of appeal rights.”
And it’s that one-size-fits-all, one-strike-and-you’re-out foundation that makes this bill both appalling and controversial.
It is likely that with a majority government, the bill will become law.
But in doing so, individuals whose families reside in this country, who likely have established ties in their community and possibly don’t speak the language of their country of origin will be the most affected.
Essentially, the bill doesn’t care if you’ve lived in Canada for the majority of your life or have otherwise been a law-abiding citizen.
In fact, Kenney has indicated that should the families of those affected by this bill desire, they can accompany them back to their home country.
“(The family members) are welcome to go back to their country,” he said.
This isn’t the legislation Canada’s government should be putting forward while at the same time lauding its immigration policies.
When it is approved, as is likely, our global reputation as an accepting, multicultural nation will suffer.