CIMM Committee Report

Supplementary Report of Her Majesty’s Official Opposition The Conservative Party of Canada

Hon. Michelle Rempel, Member of Parliament for Calgary Nose Hill
David Tilson, Member of Parliament for Dufferin – Caledon
Larry Maguire, Member of Parliament for Brandon - Souris

INTRODUCTION

What should the vision for Canada’s immigration policy be, and how should we implement it? People are on the move, and Canada, with our pluralism, open democracy, freedom, economic opportunity and generous social programs, is a destination that many hope to reach.

This supplementary report provides additional recommendations for an appropriate Canadian response to the global migration crisis. Specifically, we feel that the committee’s report was lacking strong enough recommendations regarding Internally Displaced Persons, prioritization of vulnerable minorities, the UNHCR referral process, Canada’s response to border crossings, the Temporary Foreign Worker Program, and solutions to Canada’s economic immigration needs.

Internally Displaced Persons

Currently, over 44 million people are internally displaced due to conflict and humanitarian issues.[1] Because internally displaced persons (IDPs) have not crossed an international border, they are not considered “refugees” by the United Nations and therefore are not eligible for resettlement to a safe country. As a result, IDPs often fall through the cracks of broader debates on migration “even though they are in fact an integral part of the global migratory picture and are among the world's most vulnerable communities and individuals.”[2] As Lloyd Axworthy stated, “[i]nternally displaced people are affected by exactly the same conditions—conflicts, starvation, extermination, police brutality, whatever the case may be […]”.[3]

In response to this issue, Megan Bradley, Associate Professor at McGill University, stated:

More concerted political and development support is needed to increase access to durable solutions for both refugees and IDPs. I would argue that Canada should co-operate with key actors, including UNHCR, other donors and states that face internal displacement situations, to ensure that durable solution strategies are holistic and that they are appropriately resourced. Canada should insist that UNHCR explicitly address related internal displacement issues in its efforts to advance solutions for refugees.[4]

She also recommended that, “Canada should make improved protection and assistance to IDPs an explicit priority in its interventions in the humanitarian system. As a key pillar in this strategy, Canada should push for the prompt appointment of a new special representative of the UN Secretary-General, with a specific mandate for IDPs.”[5] As of right now, “no single UN agency is formally responsible for the internal displacement agenda.”[6]

Vulnerable Minorities

When discussing refugee resettlement to Canada, there is inevitably a debate regarding how to prioritize people for settlement. We are also tasked with prioritizing where our international aid goes and how we are using our place in the international community to advocate for change. The Conservatives continue to posit that genocide survivors should be at the top of our priority list. One such group that has faced this level of extreme persecution are the Yazidi people. Abid Shamdeen, Director of Nadia's Initiative, stated:

Today, about 350,000 Yazidis remain in the IDP camps in northern Iraq and about 67,000 in Greece and Turkey. Of those Yazidis that were taken in captivity by ISIS in 2014—mostly women and some children—1,200 to 1,300 remain in captivity, mostly in Syria, though we believe some of them are also in Turkey. We believe that, even though ISIS has been defeated militarily in Iraq, Yazidis are still a target of ISIS. Both the Government of Iraq and the Kurdistan Regional Government have imposed a blockade on Yazidi areas in Sinjar. Some of the roads that lead to Sinjar have been blocked for over a year. Even those who would like to return to their homes and try to rebuild their lives are not able to go back due to the restrictions put on the Sinjar area. Likewise, international NGOs such as UN agencies, UNDP and others, are not able to implement some of their projects because of those access issues. We believe that taking more Yazidis, especially the women who survived from ISIS captivity, is very necessary.[7]

Mr. Shamdeen also stated that the existing refugee resettlement process has not been fair to Yazidis, and that the UNHCR should consider IDPs for refugee resettlement.[8] We know that registering with the UNHCR is a problem for other religious minorities as well. Mr. Vartan Shadarevian stated that religious minorities “hesitate or refuse to register with UNHCR and other agencies for fear of reprisals. Less than 1% of each minority community in Syria has registered with refugee agencies in Iraq, Egypt, Jordan and Lebanon, which means either they are not migrating despite the particular dangers to them, or they are not registering once they leave.”[9]

Vulnerable minorities in Pakistan were another concern that was highlighted. Ms. Hina Jilani, Co-Chair of the World Refugee Council, stated: “The climate for all non-Muslim minorities is not good, but there are certain minorities, such as the Ahmadiyya community, who suffer much more.”[10] Ms. Jilani also raised some concerns with the current refugee resettlement regime, saying: “It is lacking in any kind of visionary initiatives, both at the international level and at the level of the UNHCR. We believe that the international community has to make better arrangements for resettlement, which must be expeditious so that refugees are not left for long periods in refugee status in which they have no predictable way to see when their plight is going to end. We also believe that governance reform must be significant and are proposing changes in the UN Secretariat itself.”[11]

Witnesses also expressed concern that the UNHCR is failing to protect women and girls in their refugee camps. Mr. Christian Friis Bach, Secretary General of the Danish Refugee Council, stated: “I agree that this is a severe problem.” [12] He explained that he recently visited the Moria camp on Lesbos where the UNHCR did a study on women and girls that have faced sexual abuse passing through Greece.  This study found that 25% of them experienced sexual assault inside of the camps. Mr. Friis Bach concluded: “It is not acceptable. It is defeating all our principles of human rights and human dignity. Definitely, we need to scale up our protection response inside of camps.”[13]

Mr. Shadarevian pointed out that the situation facing women and LGBT people face problems that predate conflicts and that “beyond these drivers, there is a question of how accessible immigration structures are to those facing these problems.”[14] For example, a witness revealed that in some countries “[…] it is a challenge for LGBTI asylum seekers and refugees, because if you claim asylum based on your gender or sexual orientation, you risk being arrested immediately”.[15] Given this, Bibe Kalau, President of Angels Refugee Support Group Association recommended that: “LGBT issues have to be continually raised with African governments.”[16]

The committee also heard that the Canadian response to international crises is slow and ineffective. One witness suggested that IRCC should have fully developed data analysis and prediction capabilities so that resettlement can be swift when it is known that atrocity crimes are likely to occur or beginning to occur.[17] This should also be done with stricter data recording requirements so that decision-making regarding refugee resettlement can be transparent. As Mr. Shadarevian stated, “if there's an impending crisis or potential biases in the way cases are treated within the IRCC, the government and Parliament should be the first to learn about it.”[18]

Border Crossings at Canada’s Southern Border

Rather than use established refugee or immigration processes, Canada has seen an increase in illegal crossings into the country to circumvent existing pathways under the Trudeau government. The Committee also heard from witnesses about this and the challenges it poses to the sustainability of our immigration and social assistance programs. For example, Mr. Doug Saunders stated that:

One of the factors that attracts people to go through a process where they present themselves for asylum, even if they are part of the perhaps 50% of applicants who are not legitimate asylum cases, is the knowledge that there's enough time—due to the understaffing of these authorities—to allow them to earn back their investment in this return. I think we know from the experience of other countries that if we were to staff up our authorities enough to reduce the delay times—because the backlog is entirely due, as far as I can tell, to understaffing—it would reduce the demand. That would lead me to suggest that if this was approached as an emergency issue, it could be approached as a temporary emergency issue.[19]

The longer the issue is not resolved, the more this will cost Canada, and when resources are finite, this reduces our capacity to help other vulnerable populations seeking refuge in Canada. This is problematic, because Canada’s refugee priorities should be reserved for addressing the most serious problems and helping those most at risk. Mr. Saunders pointed out that those crossing Canada’s border are not the most vulnerable:

They do not come from the poorest countries, and they don't come from the poorest communities in the countries that they come from. Irregular crossings are expensive, upwards of 2,000 euros per person to get on one of those rafts, and we have anecdotal evidence that Canada and U.S. crossings involve fairly large payments to smugglers and other agents, as well. Many migrants have borrowed heavily to make the trip. At a minimum, they hope for a return on this investment. Understanding this can help shape policies of return and deterrence.[20]

In a briefing from the Vancouver Association for Survivors of Torture, they recommend a change to the asylum hearing process in order to “provide a clear timeline (without adjustments) to refugee claimants.” In early 2018, the Immigration and Refugee Board abandoned legislated timeframes and announced that the wait for a hearing could reach 20 months. Many people waiting for their hearing either had their appointments canceled or did not know when they would ever receive their hearing.  The Vancouver Association for Survivors of Torture stated that: “The trend of receiving notices of hearing delays [ …] is troubling.”[21] Same observation from the Immigrant Services Society of British Columbia which recommended that “sufficient staffing resources [be] put in place at the Immigration Refugee Board (IRB) to reduce wait times for hearings and better meet previously-established service standards”.[22]

We also know that the border crossings are causing hardship on the provinces and municipalities. The City of Montreal wrote to our committee saying that the influx in border crossings is, “putting significant pressure on the institutions and agencies that provide front-line and settlement support services to asylum seekers in the greater Montreal area.”[23] In light of this, the city is calling for the Government of Canada to speed up processing asylum claims. Similarly, the Association of municipalities of Ontario urged the federal government to increase funding to municipalities who are impacted by the increase in asylum claimants.[24]

Temporary Foreign Worker Program

In the last couple of decades, the number of temporary foreign workers in Canada has significantly increased. Yet, there are persistent issues with the Temporary Foreign Worker Program (TFWP) that remain unaddressed by this government. Currently, the program is not designed to meet Canada’s labour challenges. There is also the lack of rights for foreign workers, the potential for the TFWP to lead to undocumented people, and the negative impact that temporary work has on the economy.

Professor Danièle Bélanger noted that the precarious situation of TFWs could lead to some people not renewing their visa but staying in Canada and increasing Canada's undocumented migrant population.[25]

Furthermore, since TFWs are dependent on their employers for their right to stay and their right to return to Canada, they “are often willing to work under different conditions, such as lower wages or longer hours. This creates inequalities among workers and tensions in the workplace.”[26] Since TFWs will not demand better working conditions or wages due to their precarious work situation, it can depress wages for Canadian workers and leaves employers with no incentives to improve working conditions. The Chinese and Southeast Asian Legal Clinic had the same experience with the Program, stating that the worker’s “status is often tied to time-constrained and employer-specific jobs, which makes them exceptionally susceptible to exploitation and abuse”.[27]

Further compounding these issues is the fact that many of the positions that temporary foreign workers are filling are not temporary at all. This has been illustrated by the Migrant Workers Alliance for Change, which stated that the association has “members who've been coming into the seasonal agriculture program for 35-plus years”.[28]

To meet Canada’s labour shortage and allow workers who want to remain in Canada, many witnesses proposed the option of a pathway to permanent residency for the temporary foreign workers. These witnesses include the Migrant Workers Alliance for Change, the Chinese and Southeast Asian Legal Clinic and Doug Saunders. Employers would also benefit from this option, as Avvy Go, the Clinic Director of the Chinese and Southeast Asian Legal Clinic stated:

Once they work here for four years and they are gone, the employer also loses. That's why so many of the employers are pushing for a permanent residence pathway for the temporary foreign workers. They have trained these people, and they want to keep them on.[29]

There is also a disparity between high-wage and low-wage programs that disadvantage the majority of temporary foreign workers. As Mr. Hussan said, high-wage workers “can come here with their families and have access to permanent residency. Most temporary foreign workers do not have those rights, and they should have those rights.”[30]

Economic Immigration

The Fourth Industrial Revolution will, and already is, having an enormous impact on the labour needs of Canada’s economy. According to the Manpower Group, 41 percent of Canadian employers already have difficulty filling jobs, especially for skilled trades.[31] It is imperative that Canada’s immigration streams are flexible and nimble enough to incorporate and respond to labour market information in a timely fashion.[32] Ms. Hooper stated that:

This includes creating responsive systems that can admit all categories of low, semi-skilled and skilled workers as needed and as indicated by labour market information, and making sure that the system is really easy for immigrants and employers alike to navigate. Changing work arrangements also carry implications for selection policies. For example, remote work arrangements may reduce the need to admit some immigrants on a permanent basis, and employer sponsored channels may become less relevant, given the proliferation of self-employed workers who freelance and collaborate with a number of different employers.[33]

We also heard from a witness that there are gaps in our data related to labour shortages. Mr. Stephen Johnson, from the Department of Employment and Social Development, said:

There is also increasing discussion about skills shortages or skills mismatches, sometimes characterized as pockets of high unemployment alongside unmet demand in parts of the country. This is an area of increasing interest, and one in which we have somewhat limited information available.[34]

Having timely and accurate access to labour market information is necessary for Canada to have flexible and nimble immigration programs. This would allow for “[s]tronger matching of local labour market needs with federal immigration priorities and streams”, which would benefit communities across Canada.[35]

A witness also stated that with new technological developments, the labour market will significantly change. This was noted when Ms. Hopper stated that:

“The automation of certain routine tasks is likely to transform or even eliminate certain jobs, but those jobs that rely heavily on creative skills, cognitive skills such as abstract thinking, or interpersonal skills are likely to be much harder to automate.”[36]

With these developments in technology and its impact on the labour market, the very least that Canada should do is have frequent and timely updates on labour market data. This is necessary for understanding gaps in our labour market and using our immigration programs to supplement these needs. Our economic streams would then be improved to ensure Canada remains a competitive country that attracts the top talent around the world.[37]

Conclusion

It is evident that the committee’s final report does not address all the significant challenges facing Canada with regards to migration in the 21^st century. We believe that significant action by the government is still needed to address the concerns brought forward by many witnesses in this study. This includes needed reforms to the UNHCR and its refugee selection criteria, assistance to IDPs in resettlement, immediate action on the border crossing influx from the United States, better collection of labour market data, and needed reforms to the Temporary Foreign Workers Program. Therefore, we submit the following recommendations to address these significant challenges affecting Canada’s immigration and refugee programs.    

Recommendations

1. That the Government of Canada advocate for the UNHCR to review its refugee selection criteria;
2. That Global Affairs Canada make assistance to internally displaced populations an explicit priority;
3. That IRCC develop and implement a predictive and transparent system for determining refugee resettlement that prioritizes victims of atrocity crimes;
4. That IRCC, the Immigration and Refugee Board, and CBSA treat the influx of border crossings as an emergency and immediately reduce the backlog and wait times for asylum determinations to be made;
5. That the Government of Canada completely revamp the data collection of labour market information that incorporates real-time job vacancies as reported by Canadian employers for the use of departments such as IRCC, ESDC, and Statistics Canada;
   • a. That such a revamp of timely and accurate labour market data collection be used to model Canada’s economic immigration programs, such that they address gaps found in this data.
6. Dramatically reduce the number of Temporary Foreign Workers and increase, in equal measure, the number of workers coming to Canada through a permanent economic stream like Express Entry;
7. Work with international partners to advocate for the LGBT community and ensure their safety.