Immigration. 2 Leaving one’s country to enter another PUSH? PULL? 2

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ImmigrationImmigration

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Leaving one’s country to enter Leaving one’s country to enter anotheranother

PUSH?

PULL?

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HistoryHistory

-in 1867 our borders were very open.needed laborers to help build the railway

and farmers-by 1885 we started restricting who we

wanted to come in. Western European was the ideal.

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HistoryHistory

policies were quite racist. We charged a head tax for the Chinese.

We also wanted to exclude Indians. We could not do this overtly because India was part of the British Empire.

Canada got around this by saying that ships were not allowed to stop along the way before arriving in Canada. The ships coming from India had to stop in Hawaii along the way.

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TodayToday

to immigrate to Canada today you need to fit into a class:

economic as either a skilled worker/ business applicant

family class applicant.

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Skilled Workers/Business Skilled Workers/Business

-to be a skilled worker you must qualify under the points system.

-the pass mark is 67. Points are awarded for education, language, work experience, age (21-49), arranged employment and adaptability

critique does not guarantee that their credentials are going to be recognized in Canada to actually work in that occupation.

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Skilled Workers/BusinessSkilled Workers/Business

the gov’t is trying to try to find ways to put people into contact with professional organizations in Canada before they immigrate to Canada.

credentials before they come or not bother coming if their credentials aren’t going to be recognized.

could stop a lot of people from coming but it could help people as well. Why?

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Skilled Workers/BusinessSkilled Workers/Business

years ago we brought people over to do menial jobs so their kids would have a chance for a better life.

Failure to our system?

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Family ClassFamily Class

Must have a sponsor. still economic criteria to be assessed sponsor needs to commit to an

undertaking with Citizenship and Immigration Canada that they will financially support the applicant.

If the applicant is forced to go on social assistance the sponsor will repay that social assistance to Canada.

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Family ClassFamily Class

the immigrant must also sign an agreement that they will work to provide for their own support

the sponsor’s wages can be garnished if the immigrant goes on social assistance

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TemporaryTemporary

people can apply to be temporary visitors in Canada.

apply under 3 categories: visitor, student or temporary worker (leave

upon expiration of visa)-there can be conditions attached to the

visa’s e.g. university, employer, where you can or cannot travel in Canada etc.

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Medical groundsMedical grounds

anyone applying to come to Canada can be inadmissible on medical grounds.

They may be a danger to public health and safety – Canada publishes guidelines which it distributes to the medical officers who do the exams

e.g. tuberculosis, impulsive sociopathic behaviours disorders, substance abuse which leads to anti-social behaviours. Some are criminal acts.

HIV positive?

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Medical GroundsMedical Grounds

medically inadmissible due to excessive demands on health care system.

Excessive: defined within policy guidelines as being more than the average Canadian statistically speaking.

Figure is $15 000 over a 5 year periodservices are in short supply, wait list

issues

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Criminality groundsCriminality grounds

applying for a visa = denialA presumption if criminal acts in the past

likely to occur again unless it can be assumed that you will be rehabilitated.

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Criminality groundsCriminality grounds

Criminality - crime must be an indictable crime (one

that would give you at least a 2 year sentence) in Canada

Serious criminality- must be a federal offence that could land

you at least 10 years in jail

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Criminality groundsCriminality grounds

-must produce a lot of evidence to help officers make a decision about criminality factors: police certificates in every state they lived in for more than 6 months since they were 18.

Onus on applicant to prove that they are admissible.

want to see 5 years of clean record after the end of the sentence in most cases for offences committed outside of Canada.

Anything indictable inside of Canada you need a pardon.

pardon must be equivalent to a Canadian pardon e.g. hijacking case in India. No pardon.

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RefugeesRefugees

Convention refugee - person who is outside of their country of

nationality or habitual residence and who is unable or unwilling to return to that country because of a well-founded fear of persecution for reasons of race, religion, political opinion, nationality or membership in a particular social group.

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Convention RefugeeConvention Refugee

Comes out of WWII and the Holocaust. States realized that we need to be more accepting of refugees.

States are obligated to not send anyone back who is a Convention refugee.

Do you see any grounds that are missing?

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GroundsGrounds

the inability of a state to protect is not sufficient – the mere fact that the state can’t look after you does not make you a refugee

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Well-founded fearWell-founded fear

Are there objective grounds for that person to be afraid

are they actually afraid)?-This approach has been heavily criticized

b/c it could result in different outcomes depending upon how fear is demonstrated

Ie. may have been taught to hide their fear. It ignores cultural differences

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PersecutionPersecution

Persecution is systemicMust demonstrate repetition-The persecutor does not need to be the

state May be someone just as powerful

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State protectionState protection

• presumption that a state is willing and is able to protect its citizens.

• A claimant needs to show that this is not the case in their specific instance.

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1. What class should Carol apply under?2. Are either her mother or her father an acceptable sponsor?3. Is she inadmissible on any grounds?

Carol is from Mexico. She is 21. She is interested in coming to Canada. Her father and 12 year old brother have been living in Newfoundland for 5 years. Her father is on social assistance because he lost his job in May. Carol’s parents are divorced. She also has a mother living in Nova Scotia. Her mother is a professor at Dalhousie University. Carol wants to live closer to her family because she has just been diagnosed with diabetes. Her type of diabetes is common and her medication is the same as all of those with the same type.

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1. Is Abe being persecuted?2. Is the persecution because of a ground in the refugee definition?3. Does he have a well founded fear?4. Is he unable to get state protection?5. Is he a Convention refugee?

Abe is from country ABC. He wants to come to Canada as a refugee. He is scared because the state is persecuting him because of his race. His entire village is terrified. He tried to go to the police for help but they put him in jail for slandering the government. Government sponsored soldiers come to his village monthly to burn down houses and buildings.