OTTAWA — Immigration Minister Lena Metlege Diab is defending the federal government’s sweeping new immigration legislation, which includes contentious measures such as time limits for asylum claims and provisions to cancel immigration documents en masse.
Tabled Tuesday in the House of Commons, Bill C-2, known as the Strong Borders Act, aims to “protect Canadian sovereignty, strengthen the border, and keep Canadians safe,” according to government officials. The legislation proposes extensive amendments to the Immigration and Refugee Protection Act, including the introduction of strict deadlines for filing asylum claims.
Under the proposed bill, most asylum seekers — including international students and temporary residents — would be required to file their claims within one year of arriving in Canada. Irregular border crossers, those entering between official ports of entry, would have just 14 days to submit a claim.
The legislation also seeks to fast-track the removal process, making deportation orders effective the same day an asylum claim is withdrawn.
“There’s a lot of applications in the system,” Diab told CBC News. “We need to act fairly, and treat people appropriately who really do need to claim asylum and who really do need to be protected to stay in Canada. At the same time, Canadians demand that we have a system that works for everyone.”
However, critics warn the bill could jeopardize the safety of vulnerable individuals. Adam Sadinsky, advocacy co-chair of the Canadian Association of Refugee Lawyers (CARL), said the proposed deadlines do not account for evolving threats that asylum seekers might face after arriving in Canada.
“There are legitimate reasons why someone might apply after a year,” Sadinsky said, citing examples like regime changes, sudden conflict, or repercussions from human rights activism in Canada. “They may now be in danger returning home in a way they weren’t when they first arrived.”
Federal data shows 39,445 asylum claims were processed between January and April of this year by Immigration, Refugees and Citizenship Canada and the Canada Border Services Agency.
Sadinsky warned that the bill could unintentionally add strain to an already overburdened Federal Court system. Currently, rejected claimants can appeal to the Refugee Appeal Division, but those shut out due to timing may instead turn to the courts, which face significant immigration-related backlogs.
“It’s a lot more work for the court,” Sadinsky said. “People will be filing emergency motions to stop removals.”
As an alternative, CARL has recommended that Canada issue blanket approvals to asylum seekers from high-risk countries like Taliban-controlled Afghanistan.
Justice Minister Sean Fraser acknowledged the concerns, saying, “We need to be able to do two things at once” — reform the asylum process while reducing judicial backlogs.
Another major point of contention is a provision allowing for the mass cancellation of immigration documents in exceptional circumstances. The Migrant Rights Network called the power “a setup for a mass deportation machine.”
“This is like walking away from the Geneva Convention,” said Syed Hussan, a spokesperson for the group.
Diab countered that such measures would only be taken collectively by cabinet and reserved for emergencies, citing the COVID-19 pandemic as an example where the government lacked authority to pause applications for public safety.
“These are in exceptional circumstances,” she said. “We could face health or security risks again, and we need the legal authority to act.”
Bill C-2 now moves to committee review, though it remains unclear which parliamentary committee will study the legislation. Committee assignments for the current session have not yet been finalized, and Parliament is scheduled to recess for the summer at the end of June.
CARL has indicated it will submit a formal letter outlining its objections and hopes to testify when the bill reaches committee stage.
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