Immigration Consultant Course

Professor: Zdenka Acin

Student: Rafael De Medeiros
Assignment 1

Canadian Immigration Law and Policies

Canada’s immigration policy always has been selective and/or discriminatory based
in the concept of admissibility, which determine who can or can not stay in Canada.

The Canadian Immigration Acts have been built based in immigrant’s attributes that
Canadian Government determine is necessary to fulfill their interests and needs at
the time that passes it. The Canadian authorities utilize these attributes to describe
who is “desirable” and “undesirable” to live in Canada.

Throughout the years the Immigration Acts are enacted, based on race, country of
origin, occupation, financial conditions, health, gender, ideology, besides other
factors, contributing to the officials discretion who is desirable or not to stay in
Canada.

Canada economic and social growth has been based in people immigrating from
everywhere in the world to here. Canada always was seeing as a modern, prosper
country and a great place to live, attracting them.

Focusing an economic growth, a country needs to grow the population, mainly in

unoccupied areas, have more investments and labour in areas such as agricultural,
industry and commerce.
The Canadian Immigrations Policies have been built based in national interests,
economic necessities, labour and occupation of unoccupied lands, also tending to
reflect the racial attitudes or national security concerns at the time of it creation.
Some modification in other National Policies, drastic international or domestic
situation, can also reflect in the necessity or not in having more people immigrating
to Canada.

Canada always has been seen in the world, as humanitarian country and when one
of these discriminatory Acts are brought to the national or international attention,
the government tends to be more flexible, modifying the Act to keep his international
posture.

That is noticeable throughout the years of changes in the Canadian Immigration

Policies.

After the creation of Confederation in 1867, the Canadian government started

focusing in regulating the admission of immigrants.

Immigration policy was a priority of the new federal government. Attracting a large
influx of immigrants was viewed as a key economic strategy to bolster national
demand for domestic goods and stimulate the nation’s small manufacturing sector.
In addition, Canada looked to immigrants to settle the largely unoccupied lands in
the west as a means of securing national sovereignty in these areas.

Starting in 1869, Canada created the first immigration policy, the “Immigration Act
of 1869”, which was already discriminatory, accepting physically and mentally
healthy, and immigrants who could make a significant economic impact as a
generally desired labour.
This first Act didn’t have too many restrictions, supposedly was an “open-door”
policy to everyone who would immigrate to Canada, of course restricting the entry
of criminals. But at same time had restrictions towards the persons with disabilities,
the ill and poor. Presenting openly discriminations towards people who wouldn´t be
able to be integrated to the labour force or bring any capital to invest in the Canadian
economy.

Right after the Immigration Act of 1869, having the interest in occupy lands in the
west, which nobody would go for, the Federal government created the Dominion
Land Act, giving free land to male immigrants if they agreed to build a permanent
residence and cultivate the land within three years.

The policy that government had declared as an open-door policy, turn out to be a
highly discriminatory in real practice. Through its immigration offices that was
opened in Great Britain, continental Europe and the United States, the federal
government focused primarily on attracting farmers and labourers, discouraging
urban workers, artisans, and tradesmen. Moreover, the emphasis was on immigrants
of Caucasian ethnicity, and preferably of European or American nationality.

Unfortunately, when we talk about immigration to other country, the most of the
times, the receiving country expect the immigration of certain classes of people and
some return from that immigrant, in terms of skills, financial investments or to
labour in specific fields where does not have to many workers available to occupy
those jobs.

Observing that the first Immigration Act was already discriminatory, marking who
was the ones physically and socially able to be part of the Canada or not.

After the first Immigration Act, once again, the Canadian Government after enacted
the first physical discriminatory policy, came up with one that was totally focused at
racial discrimination, when passed the Chinese Immigration Act of 1885, putting
a head tax of $50 dollars on Chinese immigrants, hoping to discourage them to enter
Canada. So, the Canadian government after taking advantage of having thousands
of Chinese labourers coming to Canada in the begin of 1880s to built the western
section of the Canadian Pacific Railway, and after Chinese labour was no longer
needed, the federal government turned the back on them and restrict any further
Chinese immigration to Canada, imposing large tax on each Chinese immigrant and
would deny the Canadian Citizenship to them.

As said before, the Canadian Government passes an Act, and if is necessary or if

occurred any national or international reaction against any Act, the government will
try to adjust it to the comply with what is demanded.

But in this case was not only a political pressure but also pressure coming from trade
unions and white residents of British Columbia, which were protesting the Chinese
immigrants. Demonstrating from the white residents only a racial issue.

As the history shows, this Act passed by the Government of Canada against the
Chinese immigrant was totally based on ethnic background, not having any other
ethnic group being specifically targeted in a Canadian Immigration Policy history as
the Chinese were. The Canadian Government, at that time, was totally racist, passing
an Act that was against a group that had an important role in the construction of
Canadian economy, connecting West to East.

Over those years the Canadian Federal Government increased the head tax and
collected about $23 millions from the Chinese immigrants.

But it became clear that this punitive entry fee did not discourage
Chinese immigration, as intended. The Chinese population tripled during the head-
tax era, from 13,000 in 1885 to 39,587 in 1921.
A harsher solution was required: exclusion.

Canadian Chinese Exclusion Act

In 1923, Canada passed the Chinese Exclusion Act, which in effect stopped Chinese
immigration to Canada for nearly a quarter of a century. July 1, 1923, the day the
Canadian Chinese Exclusion Act came into effect, is known as "humiliation day."

The Chinese Exclusion Act was in effect until 1947. In that same year, Chinese
Canadians regained the right to vote in Canadian federal elections. It was not until
1967 that the final elements of the Chinese Exclusion Act were completely
eliminated.

During the exclusionary period, fewer than 50 Chinese immigrants were allowed
entry. The population decreased by 25 per cent, from 39,587 in 1921 to 32,528 by
1951. Not only did the law ban Chinese immigration, it also intentionally disrupted
family life and stunted community growth.

Canadian Citizenship Act, 1947

The Canadian Citizenship Act of 1947 created the category Canadian citizenship and
allowed residents of Canada to obtain citizenship regardless of their country of
origin. Prior to 1947, individuals born in Canada and naturalized immigrants were
classified as British subjects rather than Canadian citizens. The new act established
the criteria for obtaining citizenship and outlined the circumstances under which
citizenship could be lost or revoked.
The Canadian Citizenship Act established the criteria for obtaining citizenship and
outlined the circumstances under which citizenship could be lost or revoked.

The Canadian Citizenship Act was a significant expression of Canada’s emerging

sense of national identity. Many Canadians believed Canada’s participation in the
Second World War had strengthened its position as a sovereign nation and there was
a growing desire to establish symbols of its independent nationhood. The
government also hoped the creation of Canadian citizenship would alleviate racial
and ethnic tensions in Canada and foster a sense of unity amongst its increasingly
diverse population.

The Immigration Act of 1978

The Immigration Act of 1978 represented a significant shift in Canadian

immigration legislation. It was the first immigration act to clearly outline the
objectives of Canadian immigration policy, define refugees as a distinct class of
immigrants and mandate the federal government to consult with other levels of
government in immigration planning and management. The act was positively
regarded as a progressive piece of legislation and it received broad social and
political support.

Canada's commitment to the resettlement of refugees from oppression in their

country of citizenship. Accordingly, refugees would no longer be admitted to
Canada as an exception to immigration regulations. Admission of refugees was now
part of Canadian immigration law and regulations. But refugee admission has
remained controversial and difficult to administer.
The Act was a radical detachment from the past. It established for the first time in
law the main objectives of Canada's immigration policy. These included the
promotion of Canada's demographic, economic, social, and cultural goals, as well as
the priorities of family reunion, diversity, and non-discrimination. The Act also
enabled co-operation among levels of government and the voluntary sector in
helping newcomers adapt to Canadian society. For the first time, the Act also defined
refugees as a distinct group of immigrants in Canadian law, requiring the
government to meet its obligations to refugees under international agreements.

In 1979, Canada embarked on a unique program allowing private groups (most often
churches and ethnic community organizations) to sponsor refugee individuals or
families, bring them to Canada as permanent residents, and assist them in settling
here. As of 2017, the Private Sponsorship of Refugees Program has settled more
than 275,000 people in Canada – over and above government-assisted refugees.
(Despite the program's success, it has been criticized in recent years for cumbersome
paperwork and delays, and for growing restrictions on where refugees can be
sponsored from).

The Act also modernized how refugee status is determined in relation to national
security and enforcement. And it set out that the quasi-judicial Immigration Board
(originally created in 1967) should be a fully independent body whose decisions on
immigration claims and appeals cannot be overruled by government, except in
relation to security matters.

The Immigration and Refugee Protection Act (“IRPA”) in 2002

As a direct consequence of the events of 11 September 2001, the terrorist threat, and
security issues, Canada has tightened its immigration policy. In June 2002, the
Immigration and Refugee Protection Act (IRPA) was passed, replacing the previous
1976 Immigration Act. This new legislation retained much of the previous
legislation’s framework, including the basic family, refugee, and economic classes
of immigrants. The Act, however, did tighten eligibility requirements for refugees,
skilled immigrants, and business immigrants. The latter now had to have at least
five years’ business experience, corporate revenues of $500,000, and a net annual
income of $50,000. But at the same time, it extended family entitlements to same-
sex and common-law relationships, allowing individuals united under such
relationships to bring their partners to Canada.

The 2001 legislation also provided the government with new powers to deal with
terrorism following the September 11, 2001 terrorist attacks in the United States.
This included broadened powers to arrest, detain, and deport landed immigrants on
the suspicion they might be, or could become, a security threat. In 2002, the issue of
security further led to the Canada-United States “Safe Third Country Agreement,”
with important implications for refugees and asylum seekers. Previously, refugees
seeking to immigrate to Canada could enter the United States (US) on a travel visa
and subsequently claim refugee status at the US border (and vice versa for refugees
seeking to immigrate to the Canada). Under the new agreement, however, refugees
were only permitted to make refugee claims to the country of initial entry. The
purpose of the legislation was to prevent individuals in the US from leaving, and
possibly escaping US authorities, by making a refugee claim in Canada (Canadian
Council for Refugees, 2009). Other key forms of Canadian-American cooperation
in the area of security and immigration include ensuring the compatibility of
immigration databases of both countries, and creating of joint immigration-
processing facilities.
In spite of the new restrictions, Canada is recognized as one of the most open
immigration countries in the world. Since 2001, the number of newcomers has
averaged between 220,000 and 260,000 a year.

Unfortunately, we can explicitly see that throughout all these years of Canadian
Immigration Policy, Canada has been discriminatory, prejudice and racist. In many
cases, individuals and groups were deemed as ‘desirable’, while others were
‘undesirable’. Keeping strongly present until the 1970s.

Yes, the Government tried a few times, to be more flexible and fairer but after some
favorable Act, would come another one to stop whatever was good in accepting the
“undesirable people”. As happened in the case of the Immigration Act of 1962,
introducing regulations that was favorable to immigrants from all over the world and
later and right after in 1967 the policy changed into the system points which select
skilled workers instead the regular immigrant that comes only looking for a better
life.

Canada beside being a multiculturalism country, still noticeable that is a country

composed by white people which originally came from Europe.

However, all explicit racist restrictions has been removed by 1980s.

Today, Canada’s Immigration Policy has begun to move away from racism and
towards a focus on skills and work experience.

And is a duty of the Canadian Society, everyday, to demand, modify and create new
Immigrations Acts which will be fairer to the immigrants who wishes to come to
Canada, without any kind of discrimination.