Canada Advances Bill C-12 to Overhaul Refugee Claim Procedures and Border Security
Bill C-12, known as the Strengthening Canada’s Immigration System and Borders Act, aims to overhaul border security and introduce new ineligibility rules for refugee claimants in Canada. The legislation was fast-tracked and passed its third reading in the House of Commons on December 11, with Senate approval expected by February for it to become law.
A significant change under the bill is that asylum claims filed more than one year after arrival will be subjected to a pre-removal risk assessment conducted by a single immigration officer, a process noted for having a high rejection rate. Additionally, asylum claims made at the US land border more than 14 days after entry would bypass the Immigration and Refugee Board and instead be processed through removal risk mechanisms.
The bill expands executive powers and facilitates increased information-sharing among government agencies, which will enable faster removals and allow for potential changes to immigration documents. Critics have cautioned that these measures resemble US-style border policies and may reduce due process protections for asylum seekers, thereby potentially undermining Canada’s historically welcoming image.
The bill invokes the Safe Third Country Agreement with the United States; however, there are concerns that the US no longer meets the safe-third-country criteria due to its aggressive immigration enforcement. Migrant-rights groups and academics argue that the bill is driven by rhetoric that blames migrants for issues such as housing affordability and risks scapegoating migrant communities.
Contextually, Canada’s restrictions implemented in 2024 on international students have led some student migrants to seek asylum, though they may face increased barriers under the new bill. Some observers perceive this legislative move as a concession to hardline border policies, potentially compromising Canada’s international refugee obligations.
