Professional Documents
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Yiagadeesen Samy
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Ottawa, ON, Canada
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NPSIA
Carleton University
Ottawa, ON, Canada
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NPSIA
Carleton University
Ottawa, ON, Canada
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International Affairs
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Norman Paterson School of Department of Political Science
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Acknowledgments
v
vi ACKNOWLEDGMENTS
and her colleague Anca Pusca, for guiding us and helping us to see this
project through.
Howard Duncan
Yiagadeesen Samy
Contents
1 Introduction 1
Yiagadeesen Samy, Howard Duncan, and Marshall Palmer
vii
viii CONTENTS
ix
x NOTES ON CONTRIBUTORS
and harassment within the Canadian Armed Forces (CAF) from the 1990s
to the present. Wendi has studied the failures of leadership within the CAF
to address issues of sexual assault preceding the 1998 “Rape Crisis”. She
has also studied the prevalence of different forms of harassment (hazing
and bullying) within the CAF despite Defence Administrative Orders and
Directives addressing them.
Zhixi Cecilia Zhuang is an Associate Professor at Ryerson University’s
School of Urban and Regional Planning. Before joining Ryerson, she
worked with the Regional Municipality of Peel and practiced in the archi-
tectural and urban design fields in China and Canada. She is a regis-
tered professional planner and a member of the Ontario Professional
Planners Institute and the Canadian Institute of Planners. Her Ph.D. is
from the School of Planning, University of Waterloo and she received
her master’s in Urban Planning and Design and Bachelor of Architec-
ture from South China University of Technology. Her research interests
concerns how immigrant settlement affects urban landscapes, municipal
policies and planning, with a present focus on the rise of ethnic retail
neighbourhoods.
List of Figures
xv
xvi LIST OF FIGURES
xvii
xviii LIST OF TABLES
Introduction
The Chapters
Following this introductory chapter, Chapter 2 by Triadafilopoulos and
Taylor opens the discussion with an examination of claims to Canadian
exceptionalism on immigration, claims that have been voiced more loudly
recently owing to the growing number of countries that have turned their
backs on immigration as rising nationalism and concerns over globaliza-
tion, over uncontrolled irregular migration, over security, and over losses
1 INTRODUCTION 5
World War, Milner observes that not much is known about the mech-
anisms that it employs to influence outcomes in the regime. He argues
that Canada was able to do so as a result of its perceived moral and expert
authority—resulting from refugee resettlement and financial contributions
made to the regime—as well as through political and diplomatic engage-
ment with the functioning of the regime itself. Interestingly, according
to Milner, there is still work to be done to understand how actors can
influence complex governance processes such as the development of the
Global Compact on Refugees that include a mix of domestic politics and
international relations.
Disputes over migration policy between the United States and Canada
form the core of Chapter 4 by Sands and Jackson. They consider changes
to labour mobility in the United States-Mexico-Canada Agreement, and
examine why both this and NAFTA have not included significant provi-
sions for the easy movement of people across borders. The chapter also
looks at related issues concerning the migration of tech professionals,
entry-exit issues, including recent changes to work visas and the impact of
marijuana legalization in Canada, as well as the growing challenge posed
by refugees, asylum seekers, and the safe-third country agreement. As
the chapter shows, disputes between Canada and the United States over
migratory issues have historically been solved by short-term compromises.
Although there are structural reasons for this—especially now through the
combination of the Trump administration and a minority government in
Canada—the continued importance of migration should incentivise the
development of a long-term forward thinking, bilateral, strategy.
Part of the reason for the resistance to the movement of human beings
has to do with national security, an historic fundamental of exercising
sovereignty over territory. Since the 2001 terrorist attacks (9/11) on
the United States, migration management has been intensely linked to
national security with many now critically referring to the “securitization
of migration”. Many countries have joined forces in preventing further
attacks arising from the entry of migrants hostile to their interests, thus
coordinating their foreign policies by sharing information, and Canada
is among those joining with others in this effort. Chapter 5 by Scoppio
and Winter examines immigration in Canada from a security perspective
and focuses on Canadian legislation on immigration and Canadian atti-
tudes towards immigrants after 9/11. The authors find that although
most Canadians continue to view immigration positively, Canadian immi-
gration legislation after 9/11 became more concerned with immigrants
1 INTRODUCTION 7
two-step path to permanent residency, many are lured back to their home-
lands, especially those whose economies are developing rapidly. Chapter 9
by Hennebry examines these issues, focusing in particular on the various
changes that have been made to Canada’s immigration system since 2000,
and specifically those targeted at the Temporary Foreign Worker Program.
Her core argument is that while many changes took place, they have led
to a more complex system of immigration in Canada characterized by
rights differentiation across migrant categories and increased restrictions
on the mobility of migrants. According to her, this is the result of labour
market concerns rather than the rights and protections of migrants. The
complexity has also created a tiered system that makes it easier for some
such as the high skilled from richer countries to access permanent resi-
dency when compared to the lower skilled from developing countries.
And perhaps more worryingly, as she argues, is the fact that the serious
problems of the Temporary Foreign Worker Program as they relate to
the vulnerabilities of migrant workers, have not been dealt with, and have
even worsened in some cases.
In Chapter 10, Zhuang takes a ground level view and examines the
implications of immigration for cities. As the chapter argues, immigra-
tion has changed the urban landscape of Canada’s metropolitan regions
by increasing ethnocultural diversity and the concentration of immigrants
in metropolitan areas. This leads to both challenges and opportunities
for local municipalities that are responsible for the provision of services
and infrastructure to support the settlement and integration of immi-
grants, even as they do not have jurisdictional authority over federal
immigration policies (and provincial ones in the case of Quebec—see next
paragraph). Local municipal planning systems face various challenges such
as housing, transportation, retailing and community-building. The inte-
gration of immigrants into Canada’s multicultural society contributes to
nation-building when the former feel a sense of belonging and inclusion.
Unfortunately, not enough attention has been paid to how municipali-
ties can help immigrants settle and integrate according to Zhuang. The
author proposes that an equity lens be applied to planning topics and
practice that include housing, education, climate change and resilience,
and mobility and transportation.
Chapter 11 by Beauregard, Gagnon and Garon confronts the Consti-
tution Act’s dividing of authority over immigration between the federal
and provincial governments. Canada’s constitutionally defined nature as
a federation makes a difference to how migration is governed and to
1 INTRODUCTION 11
References
Conference Board of Canada. 2019. Can’t Go It Alone. Immigration is Key to
Canada’s Growth Strategy. Insight Briefing, May 8–9 in Ottawa, ON, Canada.
Environics Institute. 2019a. Focus Canada—Spring 2019. Canadian Public
Opinion About Immigration and Refugees, April 29.
Environics Institute. 2019b. Focus Canada—Fall 2019. Regional Perspectives on
Politics and Priorities, November 11.
Head, Keith, and John Ries. 1998. Immigration and Trade Creation: Econo-
metric Evidence From Canada. Canadian Journal of Economics 31 (1):
47–62.
Immigration, Refugees, and Citizenship Canada. 2018. Annual Report to
Parliament on Immigration. Ottawa: IRCC.
Mutz, Diana C. 2018. Status Threat, Not Economic Hardship, Explains the
2016 Presidential Vote. Proceedings of the National Academy of Sciences 115
(19): E4330–E4339.
CHAPTER 2
Introduction
Human migration in a world of sovereign nation-states is inescapably
political. The crossing of a border by an “alien” necessarily raises ques-
tions concerning their admissibility, status, and rights in the receiving
country (Zolberg 1981). The politics generated by international migra-
tion is especially fraught in democratic states, where elected governments
are charged with protecting and advancing the interests of their citi-
zens. Immigrants have long been viewed as competitors in labor markets,
vectors of threat and insecurity, and disrupters of the social and demo-
graphic status quo. Citizens demand that governments take their concerns
regarding the economic and social consequences of immigration into
account and craft policies that put their interest first. Given this logic,
T. Triadafilopoulos (B)
University of Toronto, Toronto, ON, Canada
e-mail: t.triadafilopoulos@utoronto.ca
Z. Taylor
Western University, London, ON, Canada
Elements of Exceptionalism:
Immigration Policy and Public Opinion
Canada has an aggressive immigration policy. Under Prime Minister
Stephen Harper’s Conservative Party, annual immigration levels
topped 257,900, 259,000, and 260,400 in 2012, 2013, and
2014, respectively (Martel and D’Aoust 2016). Since forming
government in 2015, Prime Minister Justin Trudeau’s Liberal
government has expanded Canada’s immigration program. Annual
admissions increased from 271,845 in 2015 to 296,346 in 2016,
before dipping to 286,479 in 2017. Targets for 2019, 2020,
and 2021 are 330,000, 340,000, and 350,000 (Immigration,
Refugees and Citizenship Canada 2018, p. 12). Actual and proposed
increases in annual admissions levels have not generated organized polit-
ical opposition—all of Canada’s major political parties at the federal level
support high levels of annual admissions.
While countries such as the United States and Germany admit more
immigrants per year, they have much larger populations. Consequently,
the overall impact of immigration in these countries is less profound.
As per Table 2.1, Canada’s foreign-born population grew from 17.4%
16 T. TRIADAFILOPOULOS AND Z. TAYLOR
Source Statistics Canada, Census 1996, 2006, 2016. Does not include non-permanent residents
Canadians believed that immigration levels were too high in 1977, only
34% shared this view in October 2019. Conversely, the share of those who
disagreed with this position was only 35% in 1977; by October 2019, it
had increased to 61% (Environics 2019). A significant majority of Cana-
dians—80%—believe that the economic impact of immigration is positive
(Environics 2019). Cross-national comparisons of public opinion echo
this point. The Pew Research Center’s 2018 Global Attitudes Survey
asked respondents in 18 countries whether immigrants constituted a
burden on their country or made it stronger. Canadians expressed the
most positive views on this point, with 68% stating that immigrants made
Canada stronger and only 27% claiming that immigrants constituted a
burden (Gonzalez-Barrera and Connor 2019, p. 3).
For the most part, Canadians’ views on multiculturalism have been
similarly positive. In their analysis of surveys conducted between 2006 and
2009, Stuart Soroka and Sarah Roberton (2010, p. 41) note that “there is
broad support for multiculturalism and immigration, and that support has
not decreased in recent years; indeed, it may even have increased slightly.”
Most polls taken since the publication of Soroka and Roberton’s report
suggest that support for multiculturalism remains steady. For instance, a
2015 survey by the polling firm Environics revealed that the percentage
of Canadians who deem multiculturalism to be a very important element
of Canadian identity had increased from 37% in 1997 to 54% in 2015. By
way of comparison, 39% of those surveyed believed that ice hockey was a
very important marker of Canadian identity (Environics 2015).
While Canadians’ attachment to multiculturalism is evident, their
understanding of the policy is complicated. As Soroka and Roberton point
out, Canadians’
1 As the pollsters responsible for the Environics survey point out, “the proportion of
Canadians who [do not think immigrants adopt Canadian values] has actually declined
from 72 per cent in 1993. Such concern is now at the lowest level in the 25 years over
which this survey questions has been put to Canadians” (Adams and Neuman 2018).
20 T. TRIADAFILOPOULOS AND Z. TAYLOR
(Schertzer and Paquet 2019), as did the founding of the People’s Party
of Canada (PPC), a self-consciously populist party led by former Conser-
vative cabinet minister and unsuccessful leadership candidate, Maxime
Bernier.
Bernier had made it clear that he and his party believed immigration
levels were too high and multiculturalism policy was incapable of success-
fully inculcating Canadian values into immigrants. In a speech devoted
to immigration, Bernier equated Canada’s immigration program to “a
very dangerous type of social engineering” that would “bring increasing
cultural balkanization, distrust, social conflict, and potentially violence”
(Bernier 2019). Bernier also drew his audience’s attention to the threat
to “Western culture” posed by “political Islam.” Bernier promised that
if elected, the PPC would reduce total immigration levels to between
100,000 and 150,000 immigrants per year “depending on economic and
other circumstances,” repeal the Multiculturalism Act and “eliminate all
funding to promote multiculturalism,” reduce the number of refugees
and other non-economic immigrants, and only select immigrants that
shared “basic Canadian values” through a mandatory in-person interview
(Bernier 2019; also see Ling 2019).
Contrary to expectations, immigration did not figure prominently in
the 2019 federal campaign. Despite significant press coverage and media
exposure, including appearances in both the French and English-language
leaders’ debates, the PPC performed dismally, never exceeding 5% support
in pre-election polls and capturing only 1.6% of the popular vote on elec-
tion day (as compared to 34.4% for the Conservatives, 33.1% for the
Liberals and 15.9% for the New Democratic Party [NDP]). The PPC
was shut out of the House of Commons and Bernier lost the seat he
had held since 2006. Justin Trudeau’s pro-immigration Liberal Party
won a renewed mandate, albeit in a minority parliament. The Conserva-
tive Party’s leader, Andrew Scheer, resigned as criticism of his campaign
mounted. Many in the Conservative Party have indicated that they would
prefer a new leader who will do a better job of competing for support in
the immigrant-heavy suburbs and mid-sized cities ringing Toronto (the
so-called “905” region) (Boessenkool 2020).
The 2019 campaign demonstrated the durability of the Canadian
approach to immigration policy. None of the major parties politicized
immigration or multiculturalism and the PPC was obliterated at the polls.
To the degree that a populist wave had washed over Canada, it left
2 THE POLITICAL FOUNDATIONS OF CANADIAN EXCEPTIONALISM … 21
the Charter of Rights and Freedoms) and a federal statute (The Multicul-
turalism Act, 1988). While the relevance of multiculturalism from a purely
legal standing is open to debate, scholars have persuasively argued that
the policy’s value lies in its symbolic resonance. Irene Bloemraad (2012,
p. 8) maintains that, “[m]ulticulturalism policy has played a critical role
in reorganizing the symbolic order of membership in Canada,” helping
to encourage the development of a national identity that is appealing to
“old” and “new” Canadians. Keith Banting and Will Kymlicka (pp. 60–
61) also stress multiculturalism’s role in grounding a shared national
identity:
[T]he fact that Canada has officially defined itself as a multicultural nation
means that immigrants are a constituent part of the nation that citizens
feel pride in; multiculturalism serves as a link for native-born citizens from
national identity to solidarity with immigrants. Conversely, multiculturalism
provides a link by which immigrants come to identify with, and feel pride
in, Canada. From their different starting points, there is convergence on
high levels of pride and identification with a multicultural conception of
Canadian nationhood…. [I]n the absence of multiculturalism, these links
are more difficult to establish, and national identity is more likely to lead
to intolerance and xenophobia.
2 Emma Ambrose and Cas Mudde (2015) argue that potential critics of the Canadian
model are silenced by a “high level of state repression of debate on immigration issues.”
Ryan (2016) offers a spirited critique of Ambrose and Mudde’s argument, pointing out
that Canada has experienced its fair share of debate on immigration and multiculturalism.
2 THE POLITICAL FOUNDATIONS OF CANADIAN EXCEPTIONALISM … 25
Settlement Patterns
Canada’s 338 parliamentary seats are distributed according to a complex
system that seeks to balance “representation by population with regional
imperatives of a federal House of Commons” (Pal and Choudhry 2007,
p. 12). There is some debate as to whether this effort to strike a balance
has succeeded; Michael Pal and Sujit Choudhry have argued persuasively
(prior to the most recent redistribution of seats in the House of Commons
in 2013, which added seats in large metropolitan areas) that Canada’s
growing cities have been underrepresented and, hence, the votes of their
diverse populations “diluted.” We maintain that even if the principle of
representation by population is imperfectly observed in Canada, its effect
is still extremely important.
Table 2.2 summarizes the distribution of federal ridings in Canada by
selected regions. It shows that about 38% of Canada’s federal ridings are
located in the country’s three largest metropolitan areas defined by the
Toronto-Hamilton-Oshawa CMAs, the Vancouver-Abbotsford CMAs,
and the Montreal CMA.
Recall that Ontario, British Columbia, and Québec collectively account
for 71.1% of Canada’s foreign-born population. Much of that popula-
tion is concentrated in and around Toronto, Vancouver, and Montréal.
Foreign-born residents account for 41.8% of the population in the
Toronto-Hamilton-Oshawa conurbation, and 39.1% in the Vancouver-
Abbotsford region. First- and second-generation immigrants together
make up 78% of the City of Toronto’s population and 70% of the City of
Vancouver’s population.
26 T. TRIADAFILOPOULOS AND Z. TAYLOR
Note Ridings are assigned to a CMA if 75% of their population was located within the CMA
Table 2.3 Concentration of immigrants in federal ridings by region (%) and representation order
Region
BC Prairies Ontario
RO 1996 RO 2003 RO 2013 RO 1996 RO 2003 RO 2013 RO 1996 RO 2003 RO 2013
Less than 20% foreign 50 44 36 78 75 56 48 45 37
born
20–40% foreign born 32 31 31 22 25 39 28 28 31
Greater than 40% foreign 18 25 33 0 0 5 24 26 31
born
Québec Atlantic North
RO 1996 RO 2003 RO 2013 RO 1996 RO 2003 RO 2013 RO 1996 RO 2003 RO 2013
Less than 20% foreign 81 76 71 100 100 100 100 100 100
born
20–40% foreign born 16 16 18 0 0 0 0 0 0
Greater than 40% foreign 3 8 12 0 0 0 0 0 0
born
Note Census year for RO 1996 is 1996; RO 2003 is 2006; and RO 2013 is 2016. Foreign-born does not include non-permanent residents
THE POLITICAL FOUNDATIONS OF CANADIAN EXCEPTIONALISM …
27
28 T. TRIADAFILOPOULOS AND Z. TAYLOR
Electoral System
Canada’s SMP electoral system generally rewards regionally concentrated
support at the expense of broad, diffuse support, and particularly at the
expense of support that is spread evenly across the country (Cairns 1968).
Given the regional concentration of immigrant and visible minority popu-
lations in Canada, the potential pay-off for targeting immigrant-dense
ridings is magnified by the electoral system (Westlake 2018, p. 423). As
SMP systems reward the first-place parties with all the spoils (making a
second-place finish largely inconsequential), even small swings in the vote
preferences of regionally concentrated groups may translate into a rela-
tively large swing in the seats share of competing parties (Linzer 2012;
Rogowski and Kayser 2002). In short, parties may reap a high electoral
return on investment by concentrating recruitment efforts on particular
immigrant groups.
Through the 1990s and early 2000s, ridings with high concentra-
tions of immigrant and visible minority voters consistently supported the
Liberal Party of Canada (Bilodeau and Kanji 2010; Blais 2005; Harell
2013; White 2017). The Liberals under Prime Minister Jean Chrétien
leveraged this support to win majority governments, taking advantage of
vote splitting on the right between the Progressive Conservative Party
and Reform Party/Canadian Alliance. After the merger of the Progressive
Conservatives and Canadian Alliance in 2004, and in light of difficulties
in building a strong base of support in Québec (Gordon et al. 2019;
Flanagan 2011, pp. 105–106), the Conservatives focused their efforts on
competing for the votes of immigrants and visible minority groups, partic-
ularly in the Greater Toronto Hamilton Area and the Greater Vancouver
region. As Stephen Harper’s former adviser (and political scientist), Tom
Flanagan (2011, p. 106), noted, the “emerging conservative coalition”
would be based on a combination of traditional Tory voters, western
populists, and “ethnic voters, new Canadians, mostly in Ontario.” The
Conservative strategy, dubbed “ethnic outreach” by pundits, included
rhetorical gestures (such as apologizing for the Chinese head tax) that
2 THE POLITICAL FOUNDATIONS OF CANADIAN EXCEPTIONALISM … 31
Table 2.4 Safe and unsafe seats by region, 2004–2011 (2003 representation
order)
Nonmetropolitan 51 10 4 3 68 61 129
Toronto-Hamilton-Oshawa 4 8 2 0 14 36 50
CMAs
Vancouver-Abbotsford 5 2 3 0 10 7 17
CMAs
Montréal CMA 0 6 0 0 6 27 33
Other Western CMAs 22 1 1 0 24 11 35
Other Ontario CMAs 5 4 3 0 12 14 26
Other Québec CMAs 0 0 0 0 0 10 10
Atlantic CMAs 0 1 2 0 3 5 8
Total 87 32 15 3 137 171 308
Notes Seats are assigned to a CMA if more than 75% of their population is located within that CMA.
A seat is considered “safe” if a party won it in all four elections held between 2004 and 2011
32 T. TRIADAFILOPOULOS AND Z. TAYLOR
open question. What is clear is that, for the most part, parties in Canada
will avoid alienating immigrant and visible minority voters, whom they
believe are key to their success (Besco and Tolley 2018).
Conclusion
Canada’s apparent avoidance of the populist, anti-immigration politics
that have become common in other liberal democracies is based on
a complex mix of factors, including its geographic isolation and rela-
tive insulation from unwanted migration flows, its selective immigration
system that recruits large numbers of well-educated and highly skilled
immigrants, and its multiculturalism policy, which has developed into
an important marker of Canadian identity. In this chapter, we have
highlighted the interaction of three additional factors: the geograph-
ical concentration of immigration settlement patterns in relation to the
boundaries of federal electoral districts, the efficiency of Canada’s citi-
zenship regime, and the single member plurality electoral system. We
have argued that the political logic generated by the interaction of these
factors has led the major parties to compete for the votes of new Cana-
dians and visible minorities and eschew the politics of anti-immigrant
populism. Parties that have experimented with anti-immigrant populism
at the national level have failed. These failures add additional support to
strategies counseling a pro-immigration stance.
The interaction of forces we have described is contingent. No integra-
tion policy objective guided the geographical concentration of immigra-
tion in Canada’s largest metropolitan areas. Similarly, Canada’s citizenship
rules, which facilitate rapid naturalization, and the electoral system were
devised for their own, distinctive reasons, not to inoculate Canada against
the spread of populist nativism as an electorally viable party strategy. In
this sense, Canada’s ability to maintain and even expand its immigration
program since 2008 is due to a combination of thoughtful public policy
and contingent circumstances. Canada has been good, but it has also been
lucky.
Again, we must emphasize the contingency of this interaction, the
electoral effect of which is visible during the first two decades of the
twenty-first century. Will it persist into the future? We believe it will.
Given low fertility rates, virtually all future population growth in Canada
will be through immigration. The proportion of the Canadian popula-
tion made up of immigrants and their children will only increase, and
34 T. TRIADAFILOPOULOS AND Z. TAYLOR
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40 T. TRIADAFILOPOULOS AND Z. TAYLOR
James Milner
Introduction
On 17 December 2018, the United Nations General Assembly (UNGA)
“affirmed” the Global Compact on Refugees (GCR). This act was a
culmination of efforts since 2015 to respond to limitations in the global
refugee regime laid bare by the problematic response to the claims of
some one million individuals who sought entry to Europe in 2015.
Building on the Comprehensive Refugee Response Framework (CRRF),
approved by UNGA in September 2016 as part of the New York Declara-
tion, the GCR represents the most recent multilateral effort to realize the
mandate of the global refugee regime: to ensure protection for refugees
and to find a solution to their plight.
J. Milner (B)
Department of Political Science, Carleton University,
Ottawa, ON, Canada
e-mail: James.Milner@carleton.ca
Canada played a prominent role in the two-year process that led to the
GCR, both in its formal role as Chair of the Executive Committee of the
United Nations High Commissioner for Refugees (UNHCR) during the
development of the GCR and through its role in the formal and informal
deliberations over two years that culminated in 181 UN Member States
supporting the final text of the GCR. While it would be problematic to
ascribe independent causal significance to Canada’s role in the develop-
ment process as a whole, it is widely accepted by those closely involved
with the process that Canadian leadership had a discernable impact on the
final text of the GCR. More generally, Canada’s role in the process high-
lights how its engagement in humanitarian diplomacy is a distinct element
of Canadian participation in the global refugee regime.
What impact did Canada have on the process leading to the GCR?
And how can this impact be explained? This chapter argues that Canada’s
engagement in the GCR process had impact on both the content of the
GCR and the process itself. Specifically, Canada achieved its objectives in
the development of the text by adopting a role as a norm entrepreneur
and leader on issues of gender inclusion, accountability, and inclusive and
participatory mechanisms. More generally, Canadian representatives acted
as important “bridge-builders” throughout the process by facilitating
and sustaining informal dialogue with like-minded states, refugee-hosting
states in the global South, and civil society actors, especially national and
international non-governmental organizations (NGOs) and academics.
Canada’s ability to play this role can largely be explained by its moral
and expert authority on refugee issues, stemming from its decision in
2015 to offer resettlement as a solution to some 25,000 Syrian refugees.
While other states, like Germany, admitted a greater number of refugees
during this period, they did so in response to the arrival of asylum seekers
on their territory and their commensurate legal obligations under inter-
national refugee and human rights law. In contrast, Canada’s decision to
identify some 25,000 Syrian refugees in neighboring countries of asylum
and offer them resettlement to Canada and a pathway to citizenship was
a voluntary and discretionary act. Coupled with sustained positive polit-
ical discourse around refugees during this time, Canada’s decision to
demonstrate political will through the discretionary act of offering reset-
tlement to refugees in addition to the number of refugees seeking asylum
on Canadian territory, contributed in a significant way to Canada being
recognized as a global leader on refugee issues within the international
community.
3 CANADA AND THE UN GLOBAL COMPACT ON REFUGEES … 43
mandate significantly constrain its ability to resist and influence the actions
and interests of the more powerful states in the international system.”
This influence is amplified by the fact that 80% of funding to UNHCR
comes from a limited number of states in the global North. The US
alone provides more than a third of funding to UNHCR, all of which
is earmarked for activities in specific regions or for particular activities. As
a result, US interests played a significant role in shaping the activities
of the UNHCR throughout its history (Loescher 2001). The conse-
quences of such influence are compounded through the combination of
domestic and international priorities that drive US engagement in the
refugee regime (Martin and Ferris 2017).
Arguably more significant, however, is what is missing from the global
refugee regime. Specifically, the regime contains no binding obligation
on states to cooperate to ensure the functioning of the regime. While the
norm of non-refoulement places an international obligation on countries
of first asylum to not forcibly return refugees to a country where they
fear persecution, there is no binding obligation on other states to share
the costs associated with the provision of asylum (Milner 2016). This
gap is surprising as the importance of international cooperation has been
affirmed in a range of documents and UNGA resolutions over the past
six decades. The preamble of the 1951 Convention notes that “the grant
of asylum may place unduly heavy burdens on certain countries, and…a
satisfactory solution…cannot therefore be achieved without international
cooperation.” Similar statements have been included in more than 30
conclusions of the UNHCR’s ExCom over the past 35 years and in a
similar number of UNGA resolutions. Specific support for the principle
was also highlighted by the Global Consultations on International Protec-
tion (Feller et al. 2003), the 2001 Declaration of States Parties to the 1951
Convention and/or its 1967 Protocol Relating to the Status of Refugees and
the 2002 Agenda for Protection (UNHCR 2002).
While these statements represent broad consensus on the principle
of international cooperation, they do not constitute an obligation. In
fact, international law, by custom or treaty, does not include a duty on
the part of other states to provide support to refugee-hosting states.
In response, the former UN High Commissioner for Refugees António
Guterres included this observation in his opening statement to the annual
meeting of the UNHCR’s ExCom in October 2015: “As we face the
highest levels of forced displacement in recorded history, the institution
46 J. MILNER
made over the four drafts of the text, and how many of Canada’s priorities
had been met. While the text remained a non-binding agreement, Canada
expressed its hope that the mechanisms contained in the GCR, espe-
cially the ministerial level Global Refugee Forums to be hosted every four
years, represented “a good compromise for maintaining momentum and
political will while also guiding the Compact’s implementation” (Canada
2018).
The conclusion of the formal consultations in Geneva in July 2018
did not, however, mean an end to the GCR process. Instead, the future
of the GCR seemed to be in doubt in September 2018 as right-wing
populist actors, especially in the US, Europe, and Australia, began to
mobilize against the passage of the Global Compact for Safe, Orderly
and Regular Migration (Ferris and Donato 2019). Arguing that the
global compact process would limit state sovereignty and impose external
controls on state borders, politicians in Austria, Belgium, Denmark, the
Dominican Republic, France, Germany, Liechtenstein, the Netherlands,
New Zealand, Slovakia, Switzerland, and the US spoke against the global
compacts. In Belgium, for example, the governing coalition was threat-
ened when the Flemish Nationalist NVA party called for Belgium to
withdraw from the Global Compact for Migration (GCM). In December
2018, only days before the GCM was to be adopted, Steve Bannon and
Marine Le Pen took part in anti-GCM rallies outside the Flanders regional
parliament in Brussels.1 The fate of both compacts seemed increasingly
in doubt in light of this growing opposition, especially following the
decision by the Trump Administration to withdraw US support for the
GCM.
These currents arrived in Canada in September 2018. On 24
September 2018, Ministers Hussen (Immigration) and Bibeau (Interna-
tional Cooperation) copublished an op-ed in Maclean’s magazine with
the UNHCR Representative to Canada, Jean-Nicolas Beuze entitled
“Why Canada will lead the charge on the UN’s global refugee plan”
(Hussen et al. 2018). The article specifies how Canada would work to
support the four objectives of the GCR. As if in reply, and in an effort
to respond to the launch of the People’s Party of Canada in September
2018 and statements from activists such as Faith Goldy and Michelle
Rempel, the Immigration Critic for the Conservative Party of Canada,
1 The author wishes to thank Nathan Benson and colleagues at the Refugee Hub,
University of Ottawa, for analysis of global movements against the GCM.
3 CANADA AND THE UN GLOBAL COMPACT ON REFUGEES … 59
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CHAPTER 4
Introduction
People are increasingly on the move. Transportation has become easier
and cheaper. Despite automation and telecommunication, human-
to-human interaction remains essential for collaboration and service
provision. Yet the same human-to-human connection can transmit
disease, violence, and death causing people to flee their homes or,
in less dire circumstances, seek new opportunity. Just as the flow of
information, goods, and capital is essential to the global economy, the
movement of people is necessary for growth and the pursuit of happiness.
Governing and regulating the temporary and permanent movement
of people crossing national borders is a central function of the state.
Control of who may enter a territory is a manifestation of sovereignty.
the United States. During its three-years in power, the Trump adminis-
tration has sought to restrict irregular or undocumented migration and
asylum claims, while also trying to reduce the number of legal migrants
to the country (Montoya-Galvez 2020). This divergence on immigration
policy and existing issues presents the possibility of several coming policy
clashes between Canada and the United States, including whether labour
mobility should have been expanded under the USMCA, immigration for
the tech sector, various entry and exit issues, the acceptance of refugee and
asylum seekers, and the language in the Safe Third Country Agreement
between the two countries.
1 Here temporary was defined as “entry without the intent to establish permanent
residence”.
68 C. SANDS AND T. JACKSON
Export sales today require more than a good product at a good price.
They also require a good sales network and, most of all, reliable after-
sales service. Free and open trade conditions, therefore, require not only
that goods, services and investments be treated without discrimination, but
that the people required to make sales and manage investments or provide
before and after service of those sales and investments should be able to
move freely across the border. (Canada–U.S. Free Trade Agreement 1987,
p. 215)
2 There were four types of persons (business visitors, professionals, traders or investors,
or inter-company transferees) to enter the other country for temporary work purposes.
Under the professional designation there were 49 listed occupations.
4 THE COMING CLASH OVER MIGRATION POLICY … 69
the additions to the USMCA are Articles 16.2 (2) and (3). The addi-
tion of these articles seems to be more about clearly articulating that (1)
entry under this chapter is indeed temporary and that there is no path to
permanent residence and citizenship; and (2) that parties still retain the
sovereign right to regulate who enters their respective territories. What
the additions to the chapter on temporary labour mobility in the USMCA
demonstrate is a slightly more sovereign-managed form of labour market
integration. The USMCA did not significantly change any of the provi-
sions established by the NAFTA, rather, it inserted language that to some
degree, emphasizes more the temporary nature of the program and the
rights of the parties. These changes, however, are far from substantive and
will likely have little impact on the temporary labour mobility framework
that has been agreed upon for almost three decades.
In a similar vein, it is also worth noting that the language justifying the
inclusion of a labour mobility chapter in the USMCA still centred around
not adversely delaying trade in goods and services or investment between
the three countries. Labour mobility has thus never moved beyond the
framing of trade activities. That is, the institutional framework governing
North American skilled-labour market integration has not recognized the
rising demand within all three countries for high-skilled labour beyond
goods trade or investment flows.
That little was changed for temporary labour mobility from the
NAFTA to the USMCA is perhaps not surprising given the divergent
positions on immigration policy between Canada and the United States
under President Trump. Throughout the USMCA negotiations there
appeared to be little interest from the United States side for revisiting
the NAFTA temporary entry provisions, even though one of Canada’s
demands was to expand the free movement of professionals. Admittedly,
it is unclear whether liberalizing the temporary mobility provisions would
have led to expanded freedom for the movement of professionals. Indeed,
there were positions held by politicians in the United States that the
TN visa program should be limited. In a letter to U.S. trade repre-
sentatives, Senator Charles Grassley expressed that the “uncapped and
under-recognized pool of high skill employees” resulting from the TN
visa program “exacerbates the risk to American workers” (Jackson 2017).
It is important to recognize that if labour mobility under the NAFTA
was substantially reopened during the USMCA negotiations, the result
could have been more restricted labour flows, or Canada might have
had to compromise on key sectors (e.g. dairy or culture) to move the
4 THE COMING CLASH OVER MIGRATION POLICY … 71
labour mobility issue forward. Given these realities, it was unlikely that
much progress would have been made on working towards freer labour
markets. However, during the six-year USMCA review (should the agree-
ment be ratified and enter into force), the countries should commit to
examining how the regime governing the flow of high-skilled workers in
North America could be improved.
Another issue that could pose challenges for the TN visa in the future is
President Trump’s moves to curb the use of the H-1B temporary skilled
worker visas. Under the Trump administration, denials of H-1B appli-
cations are rising, yet as discussed above, demand for skilled labour is
growing. In fiscal year 2018, denials of initial H-1B applications increased
to 24% from 13% in 2017 (the initial denial rate was 32% in the first
quarter of 2019) and the denial rate for continuing H-1B petitions
increased to 12% from 5% in the previous year (the continuing denial
rate was 18% in the first quarter of 2019) (Anderson 2019). The rise in
denials could push firms to use the TN visa more to address their skilled
labour needs. If the TN visa comes to be seen by the U.S. Congress as
a workaround for the H-1B visa, this could lead to policymakers in the
United States to seek reform or limit its use. Canada would try to limit
any proposed restrictions to the TN visa and, as such, if there is a push
for the United States to restrict TN visa use there will likely be a clash on
this issue between Canada and the United States.
refused to increase the H1-B quota in order to force tech firms to hire
Americans, training them if necessary, to fill well-paid technology jobs.
At the same time, many U.S. states have scaled up Science, Technology,
Engineering, and Math (STEM) education programs at the primary and
secondary level to meet tech employers halfway by generating a future
stream of skilled labour that will allow for tech sector growth domestically.
The promise of a medium-term fix to the shortage of appropriately
skilled labour in the United States has not satisfied the short-term needs
of technology firms. Many of the largest U.S. tech firms have looked
to Canada for growth, investing in Canadian facilities in Vancouver,
Edmonton, Waterloo, Toronto, Ottawa, and Montreal that share time
zones with these firms’ U.S. hubs in Silicon Valley, Denver, and on the
east coast in places like Boston, New York, and Washington. Through
their Canadian operations, U.S. headquartered tech firms are now able
to import talent from Asia and Europe to work in North America. For
tech professionals who attain Canadian citizenship, transfers to U.S. work
sites are possible, enhancing these firms’ chances to retain talent in a
competitive market.
The Canadian solution to tech firms’ immediate employment needs is
an end-run around the H1-B quotas that the U.S. Congress has resisted
changing, setting up the potential for a political clash between tech firms
and populist politicians who favour restrictive immigration policies that
put “Americans first”.
Increasing the risk of a backlash is a souring of the relationship between
Big Tech and Washington, DC. Once hailed as the conquering heroes of
the global economy, tech firms largely ignored Washington politics until
recently, and politicians at the federal, state, and local level fought to
attract investment and employment from tech firms with subsidies and
incentives. But in a trajectory that closely tracks the automotive industry,
as the growth in benefits (e.g. employment, investment, and economic
growth) generated by the sector flattened out, the political clout of
the sector began to decline (Luger 2000). In 2019, leading Democrats
and Republicans proposed using anti-trust law to break up technology
companies in the United States and demanded greater accountability
for collateral social impacts from the so-called FANG firms: Facebook,
Amazon, Netflix, and Google. Just as the car companies were threatened
with anti-trust investigations and asked to invest in passenger safety, fuel
efficiency, and emissions controls, the tech companies are being asked to
address misinformation and privacy.
4 THE COMING CLASH OVER MIGRATION POLICY … 73
Entry-Exit
The September 11, 2001 terrorist attacks in the United States led to a
decisive shift in the regulation of the movement of people and goods
across the Canada–U.S. border. To paraphrase the U.S. ambassador to
Canada at the time, Paul Cellucci, security was now more important than
trade and the result was a myriad of measures that led to a “thickening”
of the border (Ackleson 2009). While Canada and the United States have
negotiated several agreements to try to make the border “thinner” (Sands
2009), contention over several entry-exit issues remain, partly as a result
of those agreements themselves and partly as a result of domestic policy
changes.
action plan between Canada and the United States.3 As part of the
declaration, the two countries committed to expanding the previously
piloted NEXUS program that provided expedited border crossings to
pre-approved travellers. The NEXUS program has since expanded consid-
erably, now being featured at 21 major land border crossings and in 9
major Canadian airports. A potential problem for the long-term sustain-
ability of the NEXUS program is the growth of the Global Entry Trusted
Traveler Program in the United States. Ostensibly, NEXUS and Global
Entry, which was established in 2008 and now apply to 11 countries,
function similarly and are in place for similar purposes, namely to expe-
dite travel for pre-approved individuals who are deemed low-risk. In
both cases, those interested in joining the programs and attaining the
benefits of expedited processing during travel, submit an application to
U.S. Customs and Border Protection (or to the Canada Border Services
Agency (CBSA) in the case of Canadians applying to NEXUS), pay an
enrollment fee, and if an individual is conditionally pre-approved they
schedule an interview with a border official at an enrollment centre. If
no issues arise during the interview, the individual is admitted to the
program. However, Americans admitted to the Global Entry program are
not eligible to enter Canada under NEXUS, although Canadian NEXUS
holders are eligible for Global Entry into the U.S. In order for Amer-
ican Global Entry holders to attain the benefits of the NEXUS program
for expedited entry into Canada, they must go through a number of addi-
tional steps, including an interview with a CBSA official and a retinal scan
at a designated Canadian airport if they want the benefits of an expedited
entry through Canadian airports.
It is this overlapping dual nature of the Global Entry and NEXUS
Trusted Traveler Programs that may present a problem in the future.
Congress or the executive branch may begin to question the need
to maintain unique programs like NEXUS when Global Entry is now
used by 11 countries (including India, the United Kingdom, Germany,
Mexico, and South Korea) and, in addition, the Government Account-
ability Office found in 2014 that 76% of NEXUS members were Canadian
(GAO 2014). The United States also appears to be showing a preference
for adding new countries to the Global Entry system instead of nego-
tiating unique Trusted Traveler Programs. This could lead to questions
3 The Declaration was signed by U.S. Homeland Security Director Tom Ridge and
Canadian Deputy Prime Minister John Manley on December 12, 2001.
4 THE COMING CLASH OVER MIGRATION POLICY … 75
4 The two border protection agencies had already been sharing data on legal permanent
residents and third country nationals with each other since 2012. It is expected that they
will begin sharing data from individuals at airports in 2020.
76 C. SANDS AND T. JACKSON
Marijuana Legalization
A third entry–exit issue posing problems for Canadians entering into the
United States is the legalization of Marijuana in Canada. In October
2018, Canada legalized the use of recreational marijuana and 11 U.S.
states have done the same, including the border states of Washington
State, Michigan, Vermont, and Maine. The issue as it pertains to entry
into the United States is that marijuana remains illegal under federal law
and it is federal law that governs the border. As such, crossing the border
with marijuana can result in denial of entry into the U.S. and even arrest.
The United States has also made it clear that it does not intend to change
4 THE COMING CLASH OVER MIGRATION POLICY … 77
divergence in refugee policy could lead to further policy clashes. For one,
as the United States, who has traditionally been the largest accepter of
refugees, accepts fewer and fewer, more pressure will be placed on coun-
tries like Canada to help settle the estimated approximately 71 million
displaced persons around the world (UNHCR 2019). A further rise in the
number of refugees accepted into Canada or in the number of claims that
must be processed would add to the financial stress already being placed
on governmental and non-profit organizations associated with refugee
resettlement (Falconer 2019).
Another issue centred around refugee policy that has already arisen is
in relation to the Safe Third Country Agreement between Canada and
the United States that entered into force in 2004. Under the agreement,
4 THE COMING CLASH OVER MIGRATION POLICY … 79
5 There are four types of exceptions to this: family member exceptions; unaccompanied
minor exceptions; document holder exceptions; and public interest exceptions.
80 C. SANDS AND T. JACKSON
reviewed to determine whether they still comply with the four factors
and to date Canada has only designated the United States as a safe third
country.
However, the designation of the United States as a safe third country
has recently been challenged in Federal Court by unnamed refugees
joined by a number of human rights organisations. The complaint alleges
that the United States no longer meets the Section 102 criteria for
being designated as a safe third country. Specifically, the concern is that
a number of policies implemented under President Trump have added
barriers to making an asylum claim and that when asylum seekers are
sent back to the United States they face a greater risk of being returned
to their home countries and facing the persecution or violence that they
were trying to escape (Canadian Council for Refugees 2018). The Cana-
dian government has denied that the safe third country designation of
the United States should be removed but the ruling in the case has not
yet been made as of writing (Paperny 2019). If the court rules that the
United States should no longer be designated as a safe third country, this
would have a number of ramifications. First, Canada will likely see an
increase in asylum seekers, which would further overwhelm the Canadian
refugee system (Falconer 2019). Second, such a ruling would likely attract
the ire of President Trump, placing Canada in a precarious diplomatic
situation that would have been managed accordingly. If the court rules
in favour of the government, Canada will still be left with the question
of how to deal with the rise in asylum seekers that are crossing between
ports-of-entry.
One option would be for the government to increase the funding for
the Immigration and Refugee Board to try to speed up the process, but
with the backlog in claims and the increase in arrivals, it is not clear
that additional funds would be able to alleviate much of the issue. A
second potential option would be for Canada to negotiate a solution to
the irregular crossings similar to that which the United States has done
with Mexico. The Migrant Protection Protocols or “Remain in Mexico”
policy was introduced by the Trump administration and the Department
of Homeland Security (DHS) to reduce the number of asylum seekers
actively in the United States and it sees that asylum seekers are returned
to Mexico while they await the decision on their case (DHS 2019b).
To be clear, the U.S. policy vis-à-vis Mexico has a number of problems,
including low claim acceptance rates and concerns about the safety of the
4 THE COMING CLASH OVER MIGRATION POLICY … 81
Conclusion
In the European Union, regional integration is reified through “four free-
doms” including the freedom of movement of people which is considered
by many scholars to be the most fundamental achievement of European
integration (Militaru 2018). In North American integration, only three
freedoms—free movement of capital, goods, and ideas—have been fully
(if conditionally) incorporated into the design of regional integration
through CUFTA, NAFTA, and now the USMCA. Yet the movement
of people across North American borders to work on a temporary or
longer-term basis is important for the future of regional competitiveness.
Unlike the architects of the European Union, the leaders of Canada,
the United States, and Mexico have resisted arrangements that involved
the delegation or pooling of sovereignty. Instead, the North Americans
have relied on government-to-government cooperation to address issues
as they arise. However, this cooperation has been to date largely reactive
rather than proactive; conflict is the usual predicate of liberalization.
Canada should anticipate the coming conflict with the United States
over migration and leverage mutual intervulnerability to negotiate coop-
erative solutions to shared concerns. The agenda for such cooperation is
growing, as outlined here. Avoiding these issues in the past or pursuing
limited compromises to stave off immediate crises for a time has not
diminished their salience nor their potential negative effects on Canadian
economic competitiveness.
References
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‘Hugely Problematic’: Expert. Global News, January 8. https://globalnews.
ca/news/6377010/us-canada-border-dna-collection/.
Ackleson, Jason. 2009. From “Thin” to “Thick” (and Back Again?): The Politics
and Policies of the Contemporary US–Canada Border. American Review of
Canadian Studies 39 (4): 336–351.
Anderson, Stuart. 2019. New Data Show H-1B Denial Rates Reaching Highest
Levels. Forbes, April 10. https://www.forbes.com/sites/stuartanderson/
2019/04/10/new-data-show-h-1b-denial-rates-reaching-highest-levels/#6ad
39f69797f.
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Broecke, Stijn, Shruti Singh, and Paul Swaim. 2016. The State of the
North American Labour Market. Paris: Organisation for Economic Coop-
eration and Development. https://www.oecd.org/unitedstates/The-state-of-
the-north-american-labour-market-june-2016.pdf.
Calamur, Krishnadev. 2019. The Real Illegal Immigration Crisis Isn’t on the
Southern Border. The Atlantic, April 19. https://www.theatlantic.com/
international/archive/2019/04/real-immigration-crisis-people-overstaying-
their-visas/587485/.
Canada Border Services Agency [CBSA]. 2019. Canada Border Services Agency:
2019–20 Departmental Plan. Ottawa: Government of Canada. https://www.
cbsa-asfc.gc.ca/agency-agence/reports-rapports/rpp/2019-2020/report-rap
port-eng.pdf.
The Canada–U.S. Free Trade Agreement, Can.-U.S., Oct. 4, 1987. https://
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cusfta-e.pdf.
Canadian Council for Refugees. 2018. Why the US Is Not Safe for Refugees:
Challenging the Safe Third Country Agreement. Montreal: Canadian Council
for Refugees. https://ccrweb.ca/en/why-US-not-safe-challenging-STCA.
CBC News. 2019. Border Officials to Start Sharing Data About U.S., Canadian
Travellers. CBC News, July 12. https://www.cbc.ca/news/canada/british-col
umbia/data-sharing-citizens-border-1.5210803.
Cochrane, Emily, and Zolan Kanno-Youngs. 2020. House to Investigate Policy
That Ships Asylum Seekers to Mexico. The New York Times, January
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CHAPTER 5
Introduction
Canada has a long history as a nation of immigrants bringing with
them diverse cultures and traditions. Today, Canada is still one of the
most welcoming countries towards immigrants compared to most other
Western countries and it is one of the very few that admits newcomers
with a permanent residency visa; by “immigrant” we mean those who
have entered the country with a permanent residency visa. Between
2011 and 2016, Canada welcomed over 1.2 million newcomers, with
the majority (over 60%) being admitted as economic immigrants (Statis-
tics Canada 2017). By 2036, it is estimated that the proportion of
Canada’s foreign-born population could be as high as 30% (Statistics
Canada 2017). Even today, the cities of Toronto and Vancouver count
more than 50% of their populations as born outside Canada. Notwith-
standing these trends, some immigration critics have questioned whether
there are too many newcomers entering Canada, whether immigrants take
1 In June 1993, Kim Campbell was selected by a party convention of the Progressive
Conservatives to replace Brian Mulroney upon his retirement, and she became Canada’s
first woman prime minister. However, in November 1993, the Progressive Conservatives
suffered a shattering electoral defeat and consequently Campbell left office on November
4, 1993 (Encyclopaedia Britannica 2019).
5 IMMIGRANTS TO CANADA: WELCOMED CITIZENS … 91
into Canada since the 1990s, these immigrants are especially feared as they
bring an ethnic diversity that does not conform to traditional Western
cultural practices (Boyd and Vickers 2000; Chan 2005). Li (2001, p. 92)
argued that racial messages and policies are legitimated through Canadian
opinion polls, and this discourse, in time, “mitigates racial messages and
makes them respectable”.
A final topic often discussed in the literature surrounding immigra-
tion is securitization. Securitization is the process wherein the spheres of
internal and external security merge after a period of separation (Crépeau
and Nakache 2006). This process is said to create distrust towards immi-
grants as it associates migrants with new threats of terrorism thus making
stricter immigration standards a necessity (Crépeau and Nakache 2006).
Some literature focusing on the securitization movement points out that
this is not a new phenomenon and that it was not a direct result of 9/11
(Hernandez-Ramirez 2019). The emergence of securitization policies and
practices has been linked to post-Cold War beliefs that the state needed
to protect its citizens, especially from terrorists (Bhattacharyya 2002).
Despite literature disproving its validity, myths that immigrants consti-
tute a security risk to Canadians continue to linger (Anderson 2018).
In actual fact, although screening processes for immigrants are not fool-
proof, they are intense and require that immigrants meet a number of
criteria including a security screening conducted by The Canadian Secu-
rity Intelligence Service in order to receive an entry visa. In addition,
some Canadians believe that there is a connection between immigra-
tion and terrorism; however, there is no evidence to support a claim
that the immigration program poses a risk to national security. On the
other hand, there have been an admittedly small number of immigrants
convicted of terrorism offences. The Canadian Council for Refugees,
which it should be said is an advocacy group rather than a research organi-
zation, argues that “a positive immigration program actually discourages
violence by promoting an open, diverse, dynamic and tolerant society,
with opportunities for all” (Canadian Council for Refugees, n.d., para.
3). Although immigration poses a minimal security risk to Canadians,
since 9/11 homegrown terrorism has posed a noteworthy security risk. As
Lorne Dawson noted in 2014, homegrown terrorism is markedly different
from the terroristic actions undertaken by left-wing radicals in the 1960s
and 1970s. Marc Sageman claimed that 9/11 was a watershed moment
in the history of terrorism and the West (2008). Whereas before 9/11,
terroristic threats were posed by people outside of the nation and could
5 IMMIGRANTS TO CANADA: WELCOMED CITIZENS … 93
50 out of 100 points. This system remained in place until the 1976
Immigration Act was implemented. In 1978, a new set of regulations
concerning immigration revised the points system. This revision increased
the emphasis placed upon practical training and experience rather than
formal education (Knowles 2016). That the points system was located
in the regulations and not the Act itself made for a much easier revision
process that allowed the system to respond to changes in the Canadian
economy; this relative ease of revision remains in place to this day.
A few years prior, in 1971, Canada became the first country in the
world to adopt an official policy of multiculturalism, which was later
enshrined in an act of Parliament. The Canadian Multiculturalism Act
recognizes that multiculturalism reflects the cultural and racial diver-
sity of Canadian society and is a fundamental characteristic of Canadian
heritage (1985). The Act also promotes equitable participation of individ-
uals of all origins and ensures that all individuals receive equal treatment
and protection while respecting and valuing their diversity (Canadian
Multiculturalism Act 1985). In relation to immigration, proponents of
multiculturalism posit that it is:
…based upon the idea that immigrants are granted equal rights and oppor-
tunities, and are expected to conform to certain norms, while they are
encouraged to maintain their distinctive cultural traits. This approach is
the most successful in achieving the integration of immigrants into the
host society, where integration is understood not as assimilation but as a
two-way process of mutual accommodation between immigrants and the
receiving population. (Scoppio 2009, p. 18)
Refugee Protection Act came into effect (Knowles 2016). This new Immi-
gration Act highlights the economic, social, and humanitarian reasons for
immigration (Knowles 2016).
Immigration Legislation
in Canada Before and After 9/11
Although the two main pieces of legislation that will be examined in this
section are the 1976 Immigration Act and the 2001 Immigration and
Refugee Protection Act, it is important to acknowledge the roles of two
other governmental initiatives that have been associated with security and
immigration in Canada. The first initiative is an international agreement
that grew out of the aftermath of WWII. At the end of the war, the
United States and the United Kingdom agreed to cooperate and share
intelligence through the UKUSA Agreement (Cox 2012). This pact soon
grew to include Canada, Australia, and New Zealand and came to be
known as the Five Eyes (FVEY) (Cox 2012). This agreement links FVEY
countries into a cooperative that allows each national intelligence orga-
nization to follow national mandates but interact and share intelligence
among the partner countries (Cox 2012). While this agreement does not
directly affect day-to-day immigration practices within Canada, it does
expedite the Canadian government’s attempts to prevent immigrants from
entering Canada under false pretenses.
The second initiative that should be acknowledged is Canada’s Anti-
Terrorism Act which was passed after 9/11. The act, which “aims to
address the global hazard of terrorism”, can be viewed as a method of
securitization in Canada (Schneiderman 2001, p. 66). The Anti-Terrorism
Act emphasizes the role that Canada should (and will) play in eradi-
cating terrorism for the security of its own people and international peace
and security (Anti-terrorism Act 2001). The act targets both immigrants
entering Canada and Canadian citizens who perform or attempt acts of
terrorism (Department of Justice 2017).
In 2001, the Immigration and Refugee Protection Act received Royal
Assent and came into effect in 2002. As mentioned, this policy change
was already planned due to the fact that the 1976 Immigration Act was
dated and placed too many restrictions upon immigration and who may
be seen as a legitimate immigrant to Canada (Knowles 2016). Although
the 2001 Immigration and Refugee Protection Act received Royal Assent
less than two months after the events of 9/11, this Act is not as restrictive
96 G. SCOPPIO AND W. WINTER
as some Canadians had feared. On the one hand, the new act includes
references to security risks and terrorist actions. On the other, it outlines
a more holistic approach to the selection of immigrants. They would now
be selected based on their “human capital attributes” which take into
account the whole collection of abilities that an immigrant possesses, and
which facilitate their ability to function within and adapt to Canadian
society (Knowles 2016, p. 258). Key components of the two Acts are
described in Table 5.1.
The stated objectives of both acts deal with economic, social, and
humanitarian obligations, but the 2001 Immigration and Refugee Protec-
tion Act has a more accepting wording to it. In particular, the 2001 Act
shows a greater recognition of the rights of immigrants to their culture
and religious beliefs. The 1976 Immigration Act intended immigrants to
adapt to their new country and society and to assimilate into Canadian
culture. However, in an attempt to address some of the difficulties that
immigrants face when integrating into Canadian society, such as the lack
of recognition for their foreign credentials, this Act also allows for more
discussion between the provinces and the federal government as to what
credentials provinces can accept without requiring further education in
Canada (Immigration and Refugee Protection Act 2001; Koziey 2001).
Whereas the Immigration Act from 1976, in some inadmissibility
categories, focused on the person, the 2001 Immigration and Refugee
Protection Act focuses more on the actions of people that would make
them inadmissible. Admissibility is no longer simply decided based
on whether a person’s characteristics (such as health impairments and
genuineness of application) are desirable but also based on their actions
and human capital characteristics, and specifically, whether their actions
pose a danger to the public or work contrary to the Canadian government
(i.e. engaging in espionage or assisting in subverting any government by
force) (Immigration Act 1976; Immigration and Refugee Protection Act
2001).
The 2001 Act also acknowledges that Canadian residents, including
partners and spouses, sometimes spend time overseas for work or family
reasons. The Act increases the amount of time new residents can spend
5 IMMIGRANTS TO CANADA: WELCOMED CITIZENS … 97
Table 5.1 1976 Immigration Act and 2001 Immigration and Refugee
Protection Act
Key objectives • to enrich and strengthen the • to enrich and strengthen the
cultural and social fabric of social and cultural fabric of
Canada, taking into account the Canadian society, while
federal and bilingual character respecting the federal,
of Canada bilingual, and multicultural
• to encourage and facilitate the character of Canada
adaptation of persons who have • to support the development of
been granted admission as a strong and prosperous
permanent residents to Canadian economy and to
Canadian society promote the successful
• to facilitate the entry of visitors integration of permanent
into Canada for the purpose of residents into Canada
fostering trade and commerce, • to promote international
tourism, cultural and scientific justice and security by denying
activities and international access to Canadian territory to
understanding and to uphold persons who are criminals or
Canada’s humanitarian tradition security risks
• to promote international order • to work with provinces to
and justice by denying the use secure better recognition of
of Canadian territory to persons foreign credentials of
who are likely to engage in permanent residents and more
criminal activity rapidly integrate into society
Exclusion • anyone suffering from disease • anyone who has engaged in
or health impairment who may espionage, terrorism, or acts of
be a danger to public health or violence that endanger
safety Canadians
• anyone convicted of an offence • anyone convicted of serious or
• anyone engaged or believed organized criminality
would engage in espionage • anyone who is a health-risk to
• anyone believed were not the public or who cannot
genuine immigrants support themselves financially
(continued)
98 G. SCOPPIO AND W. WINTER
outside of Canada, a policy change that shows greater concern for main-
taining family unity and stable employment. The Immigration Act (1976)
required that permanent residents return to Canada yearly, but the Immi-
gration and Refugee Protection Act (2001) simply requires that they
spend 730 days in a five-year period within Canada, giving them more
flexibility and choice in their time spent abroad and in Canada. While
the recognition of immigrants’ foreign credentials has been a struggle
in the past, various provincial governments are working to eliminate this
barrier. In 2019, Bill 11, proposed by the Legislative Assembly of Alberta,
received Royal Assent. This bill, known as the Fair Registration Practices
Act, outlines a regulatory body’s responsibility to “carry out registration
practices that are transparent, objective, impartial and procedurally fair”
(Fair Registration Practices Act 2019, p. 4). Through a federally funded
program called the Foreign Credential Recognition Program (FCRP),
provinces have begun offering loans to immigrants to help upgrade their
credentials to meet Canadian standards (Desjardins 2019; Fraser 2019).
At first glance, then, the 2001 Immigration and Refugee Protec-
tion Act seems more accepting and flexible towards immigrants than
the 1976 Immigration Act. A frequency word search revealed that the
2001 Act more frequently used accepting words towards immigrants such
as “social”, “cultural”, and “multicultural”. However, the search also
revealed that words like “security” and related terms such as “safety”,
“terror”, and “detain” appear more frequently in the 2001 Act (see Annex
A, Table 5.2). Multiculturalism was not enshrined in legislation prior
to the creation of the 1976 Act, which explains its exclusion from that
version of immigration legislation. While social and cultural differences
5 IMMIGRANTS TO CANADA: WELCOMED CITIZENS … 99
Despite the fact that his research uncovered that “danger” was the
most frequent theme associated with immigrants, the second and third
most frequent themes were humanitarian and political considerations
(Bauder 2008). These associations show that despite the 9/11 attacks,
immigration debates in Canada were not heavily affected (Bauder 2008).
The Environics Institute, a Canadian-based research group, gath-
ered survey data pertaining to immigration from the 1970s to 2019 as
illustrated in Fig. 5.2 (more details can be found at Annex B, Table 5.3).
The Environics Institute survey data show a trend that Canadians are
more welcoming of immigrants after the attacks of 9/11. One question
asked Canadians whether they felt immigration had a positive effect on the
to which 37% agreed (Leger Marketing 2019, p. 4). While the Leger
poll results contradict the results of the Environics Institute’s surveys, the
questions posed in the Leger survey were very restrictive and leading,
which could account for the “negative” responses towards immigrants.
Unlike the poll conducted by Ipsos Public Affairs (2019a), the Leger
Marketing poll did not make a distinction between immigrants and
refugees when questioning respondents which may also partially explain
why respondents seemed more opposed to immigration compared to the
Environics Institute’s survey.
Indeed, there has been an increasing concern, as proven by the number
of news articles published on the topic, with asylum seekers entering
Canada illegally (Lilley 2019; Wright 2019). There are also some arti-
cles pushing for a decrease in the number of immigrants allowed entry
to Canada. These articles, however, do not reflect an increasing fear that
immigrants pose security risks to Canadians, but rather show a growing
concern with the economic strain that immigration places on Canada
(Wright 2018). They also highlight that the concern is not with the immi-
grants coming into Canada but the way the immigration process works
(Immigration Concerns 2019).
Conclusion
We started our chapter with an exploration of the literature and the
immigration landscape in Canada, followed by an analysis of immigration
legislation, immigration trends, and Canadian attitudes towards immi-
grants. Overall, our research shows that, despite rising security concerns
worldwide after 9/11, the majority of Canadians have remained accepting
and welcoming towards immigrants. Our inquiry was guided by the
hypothesis that, after the attacks of 9/11, both the Canadian immigra-
tion legislation and Canadian attitudes towards immigrants have become
more concerned with immigrants as potential security threats and conse-
quently immigration rates and source countries have been affected. This
hypothesis was mostly disproved by our findings. Indeed, our research
shows that, after 9/11:
Annex A
This frequency table was created by conducting keyword searches of the
two immigration Acts discussed throughout the chapter. These numbers
do not include the use of any of the words in a title, position, or name of
an organization (Table 5.2).
106 G. SCOPPIO AND W. WINTER
Security 30 64
Safety 6 23
Terror/Terrorism/Terroristic 0 8
Detain 22 26
Social 4 8
Cultural/Multicultural/Multiculturalism 2 4
Annex B
The following table shows the average percentage of Canadians who
disagree with each of the statements. These averages have been compiled
using selected data as provided by Environics Institute. Some of the statis-
tics used to create this table of information are not publicly available (K.
Neuman, personal communication, August 1, 2019) (Table 5.3).
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110 G. SCOPPIO AND W. WINTER
Jasmine Gill
Introduction
A country’s potential lies in its people. Leveraging their talent and skills
leads to prosperity. However, nearly all countries around the world,
including Canada, are beset by demographic trends that will under-
mine efforts to scale the levels of this prosperity. As nearly all developed
economies face the impact of declining fertility and population aging,
in addition to the technological advances that are disrupting the nature
of work, the ability to attract, develop and retain people—talent—will
become a critical source of competitive advantage in the years ahead. And
as the race for talent accelerates, Canada must reexamine its approach to
highly skilled immigrants, including inventors, entrepreneurs and interna-
tional students‚ to navigate this changing world and remain competitive.
J. Gill (B)
Toronto, ON, Canada
3.9
3.1
2.6 2.5 2.4
Fig. 6.2 Skill level and occupational mix of recent immigrants (Source OECD,
Statistics Canada)
Fig. 6.4 Inventor immigrants, 2001–2010 (Source Ernest Miguelez and Carsten Fink, “Measuring the international
mobility of inventors: A new database.” World Intellectual Property Organisation, 2013)
CANADA’S POSITION IN THE GLOBAL COMPETITION FOR TALENT
119
120 J. GILL
References
Ades, Julie, Daniel Fields, Alicia Macdonald, and Matthew Stewart. 2016. A
Long-Term View of Canada’s Changing Demographics: Are Higher Immigra-
tion Levels an Appropriate Response to Canada’s Aging Population? Ottawa:
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6 CANADA’S POSITION IN THE GLOBAL COMPETITION FOR TALENT 127
Samuel MacIsaac
Introduction
Immigration is an increasingly polarising issue in both public and political
spheres. Despite near-generalised agreement on the overall positive effect
of migration on global labour efficiency, productivity, and output among
academics (Rodrik 2001; Özden and Schiff 2006; Rosenzweig 2005),
critics continue to disparage the effects of immigrants on labour markets.
Although a rise in identity politics worldwide has led to an upsurge
in anti-immigration backlash and xenophobic sentiments, a lot of the
tensions remain focused on socioeconomics. Whether fuelled by national
identity, isolationism, fear of cultural imports, or a wide array of other
factors, populist parties have harnessed these sentiments in order to rally
the public to their cause on a global scale. Although far from a novel
phenomenon, the seeming rise global tension has many people wondering
S. MacIsaac (B)
Carleton University, Ottawa, ON, Canada
e-mail: samuel.macisaac@carleton.ca
Fig. 7.1 Canadian immigration trends, 2000–2018 (Source IRCC and CIDP. Disaggregated numbers by province are
available through the CIDP website: http://cidpnsi.ca/migration-flows/)
WEIGHING THE EFFECTS OF IMMIGRATION ON CANADIAN …
133
134 S. MACISAAC
causal effects and avoid falling in the endogeneity trap (Card 1990; Borjas
1999; Morley 2006; Boubtane et al. 2016).
The goal of this chapter is to explore the economic effects of immigra-
tion in the Canadian context by answering the following questions: Are
immigrants beneficial to Canadian prosperity, and would increased levels
of immigration continue to have the same positive or negative effects?
For the purposes of this chapter, prosperity is defined from an
economic perspective,1 focusing on employment, earnings, inequality,
fiscal impacts, and demographic effects (such as population ageing
and labour shortages) on both immigrants and non-immigrants within
Canada. It will be shown that immigration, albeit with differential impacts
across different population segments and subnational geographies, has
been largely positive for the Canadian economy. The main argument
advanced in this chapter is that, although not a panacea, immigration
does show some promise in relieving demographic and labour imbal-
ances. Moreover, Canada’s focus on economic class immigration, as well
as its unique geography, ensure that immigrants are highly skilled on
average and, for the most part, positively affect Canadian prosperity—
most notably in the long-run by addressing demographic problems such
as population ageing.
The remainder of this chapter is divided into five parts. Part one
examines the seminal theories and the debates on the economic impact
of immigration. Part two focuses on the impacts of immigration on
economic growth and income in the Canadian context. Part three identi-
fies the ways in which immigration acts as a tool to combat labour short-
ages and demographic gaps. Part four consists of a brief overview of the
polarisation of public views on immigration. Finally, part five provides a
short conclusion with policy recommendations moving forward. Overall,
the chapter aims to provide a nuanced look at the effects of immigration
on Canadian prosperity and lay out the benefits (the good), the disad-
vantages, such as short-term costs, (the bad), and, in the midst of a
1 This chapter opts for an economic lens, as opposed to a cultural or social lens. For
instance, many scholars have argued that cultural and social imports are beneficial to
Canadian society (Costigan et al. 2016) and the benefits of multiculturalism go beyond
the realm of economics. Although these findings are important to our understanding
of migration and its impacts on our societies, these will not be the main focus of this
chapter. However, the importance of immigration and multiculturalism from a Canadian
foreign policy lens are briefly discussed in the conclusion and touch on some of these
sociocultural themes.
7 WEIGHING THE EFFECTS OF IMMIGRATION ON CANADIAN … 135
15
13
11
5
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
60000
50000
40000
30000
20000
10000
Fig. 7.3 Wages and salaries by period of immigration, 2016 (Source 2016
Census, Statistics Canada)
the TFW program and the Provincial Nominee Program (PNP). This
section elaborates on whether these benefits from immigration apply in
the Canadian context and what demographic as well as labour market
dynamics are at play in Canada.
Without immigration, a declining population due to low fertility rates
could affect Canada’s prosperity due to rising costs on a per capita
basis. For this reason, an ageing population has been one of the leading
demographic and economic policy challenges of the past decade and will
continue to be for the foreseeable future. On the other hand, some argue
that immigration on its own cannot solve this problem since new immi-
grant numbers fall (very) short of the rate of retiring Canadians (Riddell
et al. 2016; Robson and Mahboubi 2018). Although these authors are
correct that immigration is not an all-encompassing solution, they under-
estimate how much it can help relieve the ageing demographics burden.
One must look at the longer-term to truly see immigration’s benefits.
The main benefit is not first-generation immigrant labour coming into
Canada, but rather their children, the second-generation population, that
is the solution due to immigrants’ higher fertility rate. Forecasts of the
Canadian population show a growing second-generation population that
is going to great lengths to create a burgeoning and youthful popula-
tion segment (Dion et al. 2015; Morency et al. 2017). Although these
inter-generational effects occur over a longer period of time, they should
kick-in in time to provide relief and keep fiscal revenues up by broadening
the Canadian tax base.
Although not as acute a population ageing problem as some low
fertility rate European countries, Canada would see its population decline
from over 37 million in 2019 to around 34.3 million by 2040, assuming
a counterfactual scenario of zero immigration (El-Assal and Fields 2018).
Evidence for the positive fiscal impact of immigration and the benefits
of inter-generational tax revenues (United Nations 2004) are among the
most important benefits of immigration to a country’s prosperity. In the
Canadian context, there is evidence of such benefits for tax purposes
and public services. Akbari (1989) and Wang and Lo (2000) have docu-
mented numerous fiscal benefits from immigration. For immigrants in
Toronto admitted between 1980 and 1995, Wang and Lo (2000) find
that the average immigrant did not obtain social assistance that exceeded
the amount they paid in the form of income taxes. This supports the
life-cycle hypothesis that immigrants, like their Canada-born counter-
parts, contribute to Canadians’ prosperity through the means of indirect
7 WEIGHING THE EFFECTS OF IMMIGRATION ON CANADIAN … 143
Conclusion
Shortly after his electoral win in 2015, Prime Minister Justin Trudeau
stated that “Canada is back”. The claim referred to the restoration of
Canada’s foreign policy brand of multilateralism and a nostalgic idealism
(Nimijean 2018). This type of rhetoric can be politically useful. It can
7 WEIGHING THE EFFECTS OF IMMIGRATION ON CANADIAN … 145
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of the Point System and Immigration Policy Levers on Skill Characteristics
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ison of Labour Market Outcomes Among Highly Educated Immigrants.
Canadian Public Policy 37 (1): 25–48.
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Economy. Princeton: Princeton University Press.
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Immigration and Economic Growth in the OECD Countries 1986–2006.
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Boyd, Monica, and Michael Vickers. 2000. 100 Years of Immigration in Canada.
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2011 to 2036. Statistics Canada, catalogue no. 91-551-X.
Morley, Bruce. 2006. Causality Between Economic Growth and Immigration:
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Nimijean, Richard. 2018. Introduction: Is Canada Back? Brand Canada in a
Turbulent World. Canadian Foreign Policy Journal 24 (2): 127–138.
Ottaviano, Gianmarco I.P., Giovanni Peri, and Greg C. Wright. 2018. Immigra-
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CHAPTER 8
Introduction
The concept of diaspora engagement is central to global debates and
policy initiatives on the relationship between migration and development
(Brinkerhoff 2008; Chikanda et al. 2016; McIntyre and Gamlen 2019;
Merz et al. 2007; Ratha and Plaza 2011; Sahoo and Pattaniak 2014).
The concept emerged as an antidote to earlier brain drain arguments
which claimed that emigration represented a permanent and damaging
loss to countries in the global South (Walton-Roberts et al. 2019). Recog-
nizing that immigrants retain particularly close cultural, familial, social and
economic ties to their countries and communities of origin, the challenge
facing governments has been how best to harness these informal link-
ages to broader visions and practices of state-led development. There is
by more than half of the respondents (Crush et al. 2013). The indiffer-
ence of the wider ‘disengaged’ diaspora group was in sharp contrast to
a smaller cohort of the ‘engaged’ diaspora who remained connected to
South African development and the country’s future.
The survey by Crush et al. (2013) differentiated between the engaged
(20%) and disengaged (80%) through the question: ‘I see a role for myself
in the development of South Africa.’ Both self-identity as South African
and identification with other people from South Africa were stronger
among the engaged, with 85% of the former strongly agreeing that
being from South Africa is an important part of how they see themselves
compared to 48% of the latter (Table 8.3). The equivalent figures for
emotional ties with other South Africans were 79% versus 33%. Table 8.4
shows the types of development-related activity by the engaged in the
previous year, and Table 8.5 their intended actions in the following two
years. Most respondents are not involved in any of the activities typical of
an engaged diaspora, and do not see themselves playing any role in the
future development of South Africa. However, a small minority (around
20% of those surveyed) does. Among this group, philanthropic donations
(actual and intended) to non-governmental and faith-based organizations
and programmes rated most highly (Tables 8.4 and 8.5).
% of engaged diaspora
Education is the best way to break the cycle of poverty. Education provides
the fundamental foundation, otherwise you are wasting lives. There are
people who say we should be giving money to AIDS, this, that or the
other. But I think education is positive. It is enthusiastic and then when
you see the results of these kids and you talk to these kids and you see
how smart they are and then you think if they hadn’t gone to Get Ahead
[Project school] how miserable their lives would be or how wasteful that
potential would be, then you realize that it is all worth it.
Some respondents felt that children and youth represent the future
and well-planned ‘investing’ in the ‘future generation’ is the preferential
route to effectively tackling various global challenges, including poverty,
inequality, unemployment, climate change and health:
Africa has the fastest rate of population growth in the world and largely as
a result of poverty. So, if you want to think about the future of the world,
you have to think about young Africans. This is fundamental to the future
of the world. There is no excuse for poverty today. Industry and economy
are so productive.1
It was an honour for me to attend and at the event (with Mandela) and
he said, “look, we need help … the problems of Africa are immense and
at times they seem insurmountable. But let history record that at least we
tried to solve them.” I looked around the room and thought to myself, “I
wonder how many of them will do something.” Then I thought, I should
apply it to myself. I decided to go to South Africa and find a school that
is working well.
An average of 4,500 young people aged 12-23 benefit from the Youth
Centre services each year. The Centre offers youth living in Masiphumelele
and surrounding neighbourhoods opportunities to participate in educa-
tional and recreational programmes, receive help with homework, access
the computer lab and socialise in a safe space with friends. In addition,
youth can visit the youth-friendly clinic providing sexual and reproductive
health services. In 2017, more than 1,800 HIV tests were administered and
over 180 young women enrolled into the contraception programme. Youth
Centre attendance, educational and recreational programme participation
and other data are collected on a high-tech biometric fingerprint tracking
system. Data gathered from this process suggests that convenient, confi-
dential, youth-friendly sexual and reproductive health services associated
with youth social spaces and activities can increase healthcare utilisation,
specifically contraception.3
4 https://www.cpchildren.org/who-we-are.
5 https://www.nexteinstein.org/.
8 SUSTAINABLE DEVELOPMENT AND DIASPORA ENGAGEMENT … 169
6 www.samponline.org.
7 www.afsun.org and www.hungrycities.net.
8 https://www.idrc.ca/en/project/dfid-idrc-program-support-african-institute-mathem
atical-sciences-next-einstein-initiative.
9 https://www.newswire.ca/news-releases/canada-commits-226-million-to-support-tra
ining-of-african-mathematical-scientists-on-climate-change-solutions-591896081.html.
170 S. RAMACHANDRAN AND J. CRUSH
‘home’ (the place where they conducted most of their regular personal,
social and professional lives). For some, their Canadian identity now
superseded their South African roots, and for others, the latter now played
a much weaker role in defining them and their activities. Many indicated
that after having spent extended periods in Canada, they had an equally
intense or even greater affinity with the country. Some had spent several
decades in Canada and raised their children to adulthood there. They
paid homage to the non-segregated social setting in Canada which, for
some, was their first exposure to an alternative to the racial segregation
that defined their lives under apartheid. As one participant noted:
These affinities with both Canada and South Africa have played an
important role in the development-based efforts of this group. Key South
Africans engaged in development efforts and civic work are actively
involved with local and Canada-centred causes.
Before his work with the Leacock Foundation’s GAP schools in South
Africa, for example, Peter Oliver had raised $15 million for the Juve-
nile Diabetes Foundation of Canada. The Leacock Foundation itself
aims to provide ‘fee-free, enriched literacy and leadership opportunities
to empower youth from underserved communities in Toronto, Canada
and Eastern Cape, South Africa, through a unique community partner-
ship model.’10 The Leacock Club organizes events to generate monetary
resources for the activities and programmes of the Leacock Founda-
tion for Children. The Foundation’s Triangle of Hope initiative connects
Canadian public and private schools with the GAP schools in South Africa
through student and teacher volunteer programmes and provides educa-
tional and leadership opportunities for youth in some of Toronto’s most
underserved communities (for example, St. James Town, Scarborough,
Keele/Finch, and the urban Aboriginal community).
Other South African diaspora groups fundraise for Canadian benefi-
ciaries along with South Africa-centred ones. One of these, the Nirvana
10 www.leacockfoundation.org.
8 SUSTAINABLE DEVELOPMENT AND DIASPORA ENGAGEMENT … 171
11 http://nirvanaculturalsociety.com/.
12 https://www.facebook.com/pages/category/Nonprofit-Organization/Canadian-Sou
thern-African-Network-126091500793206/.
13 https://idrf.com/.
172 S. RAMACHANDRAN AND J. CRUSH
14 https://www.hippyoakville.org/.
15 https://www.uwhh.ca/halton-poverty-roundtable/.
16 http://dialognews.ca/2015/10/17/george-brown-receives-8-million-donation/.
17 https://www.ryerson.ca/giving/news/2016/03/gift-from-cockwell-family-and-bro
okfield-partners-foundation/.
8 SUSTAINABLE DEVELOPMENT AND DIASPORA ENGAGEMENT … 173
Conclusion
In 2013, Peter Sutherland (2013), the Special Representative of the
United Nations’ Secretary-General released this statement regarding the
migration–development nexus:
174 S. RAMACHANDRAN AND J. CRUSH
educational and health needs. As such, they are already playing an unrec-
ognized role in the implementation of the SDGs elsewhere, including
in other African countries. However, as the chapter suggests, diaspora
philanthropy is not simply about actions that only benefit the country of
origin. Many of the individuals and organizations concerned also actively
run similar programmes for Canadians in Canada. In some cases, dias-
pora philanthropy is directed almost exclusively to Canadian causes. In
other words, diaspora philanthropy is not bounded by the links that
diasporas maintain with their country of origin. Again, it seems likely
that South African diaspora members are not unique, a conclusion with
some supporting evidence from Jamaican Canadian philanthropists such
as Michael Lee-Chin and the youth diaspora (Pinnock 2013).
Finally, there is the Canadian government’s assumption, embedded in
its response to the 2030 Sustainable Development Agenda and SDGs,
that Canada only has a responsibility to ensure that marginalized immi-
grants and refugees to the country should benefit from initiatives that are
consistent with the SDG goals and targets. However, important as this is,
it means that another section of Canada’s immigrant population (those
interested in diaspora philanthropy) are not overtly recognized as actual
and potential partners in the implementation of the goals within Canada
and in other countries in the Global South to which Canada gives official
development assistance. It is true that some of the South African dias-
pora initiatives in Canada discussed in this chapter have received matching
funding from the federal government but not specifically because they are
diaspora initiatives. Certainly, government has not completely ignored the
potential role of diasporas but it has not funded diaspora initiatives in any
systematic manner. And the way in which the SDGs are being viewed does
not suggest that the ‘diaspora option’ is still not seen as a key enabling
mechanism for Canadian foreign policy and development assistance going
forward.
Acknowledgements This research would not have been possible without the
generous support of IDRC for the survey of the South African diaspora in
Canada and the participation of our respondents. Our chapter is dedicated to
the memory of Jag Pillay and Matshela Molepo and their contributions to
community-building and formation of four diaspora-based groups and organi-
zations in Ontario.
8 SUSTAINABLE DEVELOPMENT AND DIASPORA ENGAGEMENT … 177
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180 S. RAMACHANDRAN AND J. CRUSH
Jenna Hennebry
Introduction
This chapter provides an overview of some significant changes that have
been underway in Canada’s immigration system, with attention to the
growing importance of the Temporary Foreign Worker Program (TFWP),
in the context of the global political economy. The chapter also points to
some of the changes which have long been called for by researchers, advo-
cates and others in Canada and at the global level, most of which have not
been adopted as part of this new direction. The net result of the changes
made, and those changes which have not been made—the road not taken
as it were—are discussed with respect to their consequences for temporary
migrants and for Canada’s immigration system. Final reflections consider
this important moment for Canada and the world as states embark on
uncharted trajectories with the implementation of the Global Compact
for Safe, Orderly and Regular Migration.
J. Hennebry (B)
Balsillie School of International Affairs, Wilfrid Laurier University,
Waterloo, ON, Canada
e-mail: jhennebry@wlu.ca
triple win fails to account for the social and health costs borne on migrant
workers and their families, and it has also not yielded strong evidence
of long-term development for sending countries even in longstanding
programs such as Canada’s more than 50-year-old SAWP (Hennebry and
Preibisch 2012).
The flexibilization of labour is not exclusive to the domain of agricul-
ture and is a trend which is defined through rising temporality, precarity
and vulnerability of workers across a range of sectors. This flexibilization
is a key facet of contemporary global political economy—and temporary
labour migration plays a leading role across many sectors. Such labour
migration regimes are largely driven by employer demand, and also
expands the role of the private sector throughout migration (Garapich
2008; Gammeltoft-Hansen and Sorensen 2013). Indeed, temporary
labour migration or work visa regimes necessitate the role of recruitment
agencies, immigration consultants and other intermediaries that connect
workers with employers and assist migrants in navigating increasingly
complex migration pathways.
Simultaneously, the marketized logic pervasive in many countries holds
that businesses may be the best arbiters of immigrant selection, and
many of the selections of immigrants and migrant workers are now
done privately, between businesses in the receiving country working with
recruiters, head-hunters, universities, organizations in sending countries.
In many cases the private sector is directly embedded into migration
governance systems, through the involvement of employers in perma-
nent residency applications or investors or corporations in determining
entrepreneurial migrants, and in other cases it is the product of insuf-
ficient government regulation or support in response to demands or
challenges of the system (e.g. recruiters, brokers or immigration consul-
tants). In Canada, these trends are also present, particularly with respect
to the TFWP and to transition pathways from temporary to perma-
nent status. Immigration policy the world over is entering a phase in
which employers and private groups are assuming key roles in immigrant
selection—and in many respects, Canada is leading the way.
Driven largely by the demands of the private sector, Canada’s TFWP
developed and grew in many respects in parallel with rather than inte-
grated within Canada’s immigration system—which is unsurprising to
some extent given that the program has been primarily managed under
a different department, Employment and Social Development Canada
188 J. HENNEBRY
Year Total intl. mobility program Total temporary worker program Total
work permits permits
Source “Temporary Residents: Temporary Foreign Worker Program (TFWP) and International
Mobility Program (IMP) Work Permit Holders—Monthly IRCC Updates”. Open Government Portal
(2020)
Policy growth with respect to the TFWP has grown exponentially since
2000 (see Fig. 9.1). Only a few important changes occurred prior to
2000, such as the formation of the SAWP in 1966, the Live-in Caregiver
Program (LCP) in 1981/1992 and NAFTA labour mobility agreements
in 1994. Since 2000, the changes have been incredible in scope and scale,
and they have been redefining the shape of Canada’s immigration system
and altering the fabric of multicultural Canada.
Overall of TFW-related policy changes, only 7.79% of changes
occurred prior to 2000 and 92.2% of policy changes have been enacted
since 2000. The growth in TFWP policies since 2000 is 1183.3% with
28.57% of that growth since 2010 alone. Since 1987, not only has the
absolute number of TFW-related changes rapidly grown, but also its
portion of all immigration policy (from 27 to 59%). This trend combined
with the growing numbers of entries of TFWs means that the TFWP
represents a much larger proportion of Canada’s immigration system than
ever before.
As noted in Fig. 9.2, prior to 2000 the majority of policy changes were
enacted through legislative means (68%) with only 16% of changes being
enacted through program or policy changes and 16% through Minis-
terial instruction. The distribution of changes in the period post-2000
indicates a definite departure—arguably more of an about face—down
a new road, indicating a new approach to migration governance. This
is evidenced by the majority of policy changes (77%) which have been
enacted through Ministerial instruction (Canada Gazette 2008), followed
by 13% enacted through changes in law and 10% through program level
changes. With the TFWP, this apparent governing reversal is even more
pronounced, with 79% of changes affecting temporary migration imple-
mented through Ministerial instruction, 10% through legislation and
11% through program changes. When compared with the policy changes
carried out prior to 2000 the numbers are even more surprising (in part
since the TFWP wasn’t operating fully as it is today), with no policy
changes through Ministerial instruction pertaining to temporary migra-
tion, and 33% carried out through legislative change and 67% through
program level change.
Some highly significant changes were made to Canada’s immigra-
tion system between 2000 and 2010, such as the passing of the new
3 Starting September 2, 2013 the designated countries were Colombia, Haiti, Jamaica;
starting October 15, 2013 the list was expanded to include Albania, Algeria, DRC,
Eritrea, Libya, Nigeria, Saudi Arabia, Sudan, Tunisia; and by December 7, 2013 the desig-
nated countries list included 28 countries with the addition of Afghanistan, Bangladesh,
Myanmar, Cambodia, Egypt, Iran, Iraq, Jordan, Laos, Lebanon, Pakistan, Sri Lanka, Syria,
Vietnam, Yemen, Palestinian Authority.
9 THE ROAD TAKEN: TEMPORARY LABOUR MIGRATION … 193
4 As a further signal of the direction being adopted with respect to reduced social
protections and support of TFWs, and despite opening Temporary Foreign Worker Units
(TFWUs) in 2008 and 2009 in a number of provinces (e.g. British Columbia) in order
to provide services to employers but also to engage in some outreach to workers and
employers in order to improve compliance, etc., these units were closed down in 2012
as a cost-cutting measure. As of 2012 only two TFWUs (Toronto and Montreal) are
responsible for processing all opinions and enquiries related to exemptions from the LMO
and/or WPs (Work Permits) and outreach is no longer provided by these units.
194 J. HENNEBRY
Date
(continued)
196 J. HENNEBRY
Date
report specifically addressing the TFWP, and the Canada Bar Associa-
tion conferences and meetings in May and November 2011, and May
2012, also addressed the TFWP. The Auditor General’s Report echoed
many of the concerns that arose from the Senate hearings and report,
and highlighted concerns about abuse of temporary migrants and misuse
of the program. Then Auditor General Sheila Fraser also reviewed the
impact of controversial new powers awarded to Canada’s Minister of Citi-
zenship and Immigration that were passed as part of the Conservative
government’s 2008 budget bill, concluding that, “… the Department [of
Citizenship and Immigration] made a number of key decisions in recent
years without properly assessing costs and benefits, potential risks, and
impact. Some of these decisions caused significant shift in the types of
foreign workers being admitted permanently to Canada. There is little
evidence that this shift is part of any well-defined strategy to best meet
the needs of the Canadian labour market”.
Some of the most significant changes to the TFWP have been aimed
at aligning the program with labour market considerations and deterring
employers from using the program to displace Canadian workers (e.g.
language factor and advertising requirements)—with a few exceptions,
namely the changes made to the Caregiver stream. Yet, the government
has not yet introduced strong measures aimed at reducing dependence on
TFWs, such as limits on the number of years employers can hire TFWs
(as called for by Canadian Council for Refugees, 2011, 2012, 2013),
or caps on the numbers of LMOs or workers approved, which would
more definitively tackle the problems of misuse as well as growing depen-
dence on the program, particularly in the lower-skilled jobs. Many policy
options which would have added teeth to compliance, monitoring and
enforcement were not adopted, such as those recommended by the Senate
Standing Committee on Citizenship and Immigration (2009): required
meeting with accredited NGO after three months for labour compli-
ance; randomized monitoring of living and housing conditions; public
disclosure of occupational wage rate determination, etc. Moreover, the
9 THE ROAD TAKEN: TEMPORARY LABOUR MIGRATION … 197
5 McLaughlin, Janet. Trouble in Our Fields: Health and Human Rights Among Mexican
and Caribbean Migrant Farm Workers in Canada. Doctoral diss., University of Toronto,
2009.
6 “RBC Replaces Canadian Staff with Foreign Workers | CBC News.” CBC News.
CBC/Radio Canada, April 7, 2013. https://www.cbc.ca/news/canada/british-columbia/
rbc-replaces-canadian-staff-with-foreign-workers-1.1315008.
200 J. HENNEBRY
has paved the road ahead; as poet Robert Frost writes of The Road Not
Taken, “knowing how way leads on to way, I doubted if I should ever
come back”.
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Introduction
Immigration has long been a key contributor to Canadian population
growth, economic prosperity, and social vitality and innovation. For
example, a total of 6.8 million immigrants arrived in Canada since the
early 1990s (an annual average of approximately 235,000 new immi-
grants) contributing to more than 80% of Canada’s population growth
(Hussen 2018; Statistics Canada 2016). By 2034, immigration will even-
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Z. C. Zhuang (B)
Ryerson University, Toronto, ON, Canada
e-mail: zczhuang@ryerson.ca
However, one size does not fit all especially in a multicultural context
where local perspectives can be so diverse or even at odds with each
other. With the diversity of the demographics comes a diversity in the
approaches to city and community-building.
Finding affordable and appropriate housing is often one of the most
pressing concerns and challenges for immigrants upon their arrival in
Canada. In a study on refugees’ access to housing in metropolitan
Vancouver, Francis and Hiebert (2014) explained that refugees were
more vulnerable than economic immigrants to find housing, especially
because of the lack of resources to access affordable housing. In Calgary,
beginning in the 1990s, there has been an increasing problem of inad-
equate affordable housing which, in turn, lead to greater demands for
the construction of illegal secondary suites (van der Poorten and Miller
2017). In short, immigrants’ housing experiences in the gateway cities
are often marked by unaffordable housing, gentrification, densification,
and displacement of marginalized populations. In Vancouver’s Downtown
Eastside, there has been an ongoing process of “renoviction”, in which
recent low-income immigrants are displaced as the downtown core under-
goes reinvestment and redevelopment (Ley and Lynch 2012; Parizeau
2017).
One of the extreme implications of inadequate housing is hidden
homelessness, defined as overcrowding, couch surfing, or temporary
accommodation in shelters, as illustrated among Toronto’s newcomers
who did not earn high incomes but had to spend most of their earn-
ings on rent and housing (Gopikrishna 2012). In other cases, such as
in suburban high-rise apartments, immigrant renters had to find ways to
modify their living spaces in order to address specific needs. For example,
Bangladeshi immigrants transformed the dilapidated buildings into func-
tional spaces that allow for more social interaction and create a better
sense of home. This includes socializing in laundry rooms, turning the
corridors into mini play areas, transforming a unit into a mosque, sending
children to daycare services within the building, and opening unit doors
to neighbours (Ghosh 2014). The concentration of co-ethnic members
in ethnic neighbourhoods has become important because they provide
social and emotional networks that help immigrants develop a sense of
community and solidarity during the settlement and integration processes
(Wood et al. 2012). In many cases, immigrants can rely on the networks
in ethnic neighbourhoods to find affordable housing (Teixeira 2017).
214 Z. C. ZHUANG
Conclusion
Immigration to Canada has tremendously contributed to population
growth, attracted human capital, and increased economic capacity and
social vitality in Canadian gateway cities. Despite these benefits, less atten-
tion has been paid to how municipalities can support immigrants in
their settlement and integration processes in order to secure a sense of
belonging and inclusion. It has also brought forth unprecedented chal-
lenges and opportunities to cities with increasing diversity. The current
settler-colonial planning paradigm and the rise of populism and anti-
immigration sentiments have exacerbated the gaps in understanding and
have renewed conflict over who owns and belongs to/in local spaces.
The strategy of reasonable accommodation attempts to address cultural
differences and systemic discrimination, yet it is contested from both the
right and left perspectives (i.e. limits of accommodation vs. primacy of the
rights of minorities) (Qadeer and Agrawal 2011).
More research is needed to obtain a place-based understanding of
how immigrants shape their communities, and how they are engaged
in decision-making and community-building. Diversity can be measured
by numbers, but integration is hard to measure. Municipalities should
consider meaningful and community- and equity-based approaches. It is
important for planning practitioners to be attentive to neighbourhood
context (e.g. existing resources, planning policies) and composition (e.g.
10 CITIES OF MIGRATION: THE ROLE OF MUNICIPAL PLANNING … 221
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10 CITIES OF MIGRATION: THE ROLE OF MUNICIPAL PLANNING … 223
Introduction
This chapter discusses the specifics of the Quebec immigration system
both within Canada and internationally. We first introduce the consti-
tutional foundations of the current, partly decentralized, system and
we summarize the major historical events that contributed to give it
its current shape. We then present the Quebec government’s current
preferences with regards to immigration.
Knowing that Quebec is the only Canadian province that benefits
from a formal decentralization agreement with the federal government,
we discuss some key issues. First, why has Quebec been more inclined
to get involved in the field of immigration than has been the case for
P.-L. Beauregard
Queen’s University, Kingston, ON, Canada
A.-G. Gagnon · J.-D. Garon (B)
Université du Québec à Montréal, Montreal, QC, Canada
e-mail: garon.jean-denis@uqam.ca
Constitutional Foundations
and Historical Evolution
According to section 95 of the British North America Act, the provinces
and the federal government share the right to legislate in the field of
immigration. The constitution states that provinces can make laws related
to immigration within the province. It also states that the federal parlia-
ment can, from time to time, legislate in this field “into all or any of the
provinces.” Therefore, from the outset, the policy sector of immigration
offers a good ground for asymmetry and the search of provincial–federal
consensus.
While both orders of government can legislate in the field of immi-
gration, Ottawa holds the exclusive legislative powers with respect to
quarantine, citizenship, and the naturalization of aliens (sections 91(7, 11,
11 MANAGING IMMIGRATION IN THE CANADIAN FEDERATION … 229
1 https://laws-lois.justice.gc.ca/eng/const/.
230 P.-L. BEAUREGARD ET AL.
Quebec’s representatives simply held an informal role and were not offi-
cially considered as immigration officers. Moreover, their work was done
under federal monitoring (Black and Hagen 1993).
Some authors argue that the rise of a nationalist movement explains
this surge of interest by Quebec (Kostov 2008). This argument is popular
but some are still dubious. Gilles Paquet (2013) argues that some
provinces—and especially Manitoba—have shown an early interest into
participating in the immigration process. However, there is little doubt
that the rise of nationalism in the 1960s with the advent of the Quiet
Revolution can explain why Quebec’s claims in this field have been
taken more seriously by Ottawa (Gagnon and Montcalm 1989, pp. 156–
166). Quebec’s Department of Immigration was established roughly in
the same period as several other new provincial institutions, such as the
Department of Education in 1964. Oddly enough, only in 1967 did the
federal government create its own Department of Manpower and Immi-
gration. In the meantime, Quebec’s ambition in terms of immigration
policy gained prominence at the time of the crafting in 1965 of the
Gérin-Lajoie doctrine. The nascent doctrine stipulated that the Quebec
government intended to play a direct international role in the fields that
are either within the realm of provincial exclusive legislative powers or
shared with the federal government.2
In 1975, an important Green paper was tabled by Bob Andras, the
federal minister of manpower and immigration. At that time, the federal
government was reviewing the objectives pursued by its own immigration
policies. This document paved the way to what would become in 1976
Canada’s first modern immigration law. The policy primarily intended
to satisfy the needs of the labor market for skills while also regulating
Canada’s population growth.
Andras’ Green paper stated explicitly that there was no constitutional
barrier that could prevent Ottawa from sharing the policy field of immi-
gration with the provinces. Accordingly, Quebec and Ottawa agreed on
a new and comprehensive immigration agreement in 1975. The Andras-
Bienvenue agreement did not grant Quebec the right to select its own
immigrants, but it was a first clear step in that direction. The Quebec
government would be allowed to post proper immigration agents abroad.
Moreover, they would no longer work under federal monitoring and
2 http://www.mrif.gouv.qc.ca/fr/ministere/historique/doctrine-paul-gerin-lajoie/50-
ans-doctrine.
11 MANAGING IMMIGRATION IN THE CANADIAN FEDERATION … 231
could occupy their own offices, distinct from federal offices. But despite
the birth of Quebec’s immigration paradiplomacy (that is, its ability to
conduct immigration-related foreign policy as a sub-state jurisdiction) and
the fact that the province had obtained the right to make recommen-
dations on all immigration applications, its role remained initially of a
consultative character.
While the new Federal Immigration Act, 1976 only began to operate in
1978, Ottawa and the recently elected (November 15, 1976) Lévesque
government (Parti Québécois) were already negotiating a new accord.
In 1978, the Cullen-Couture agreement also established the principle
that Quebec and the federal government would “cooperate in all areas
relating to migration movements and demography” and “participate
jointly in the selection of persons who wish to settle permanently or
temporarily in Quebec” (Section 1). The new agreement gave Quebec
a veto power on immigrants that were selected by Ottawa. In practice,
this accord ultimately allowed Quebec to select its own immigrants in the
economic category—leaving humanitarian and family reunion categories
to Ottawa—and set out its own list of admission criteria. This was justi-
fied by the fact that Quebec ought to be able to exercise a larger role in
the field of culture due to its distinctive cultural composition. As a result,
Quebec was in a position to “securing political autonomy on the basis of
cultural difference” (Webber 2015, p. 40).
Although nationalism cannot explain everything, nationalist pressures
did push Ottawa to augment Quebec’s powers in several policy sectors
which include culture, education, immigration, and the labor market. The
1980s saw Ottawa providing a fair amount of incentives to encourage
other provinces to play a larger role in the field of immigration so that
Quebec would not be in a position to claim that it has a special status
within the Canadian federation (Garcea 1994).
The ensuing accords consolidated, and even augmented, Quebec’s
powers in the domain of immigration. For example, in 1991, the Gagnon-
Tremblay—McDougall Accord (1991) bestowed Quebec with broader
selection powers. Full decentralization was then achieved for economic
immigrants and integration policies and Quebec received an important
and yearly indexed compensation. Ottawa was also to have Quebec’s
approval for the share of total permanent immigration (including human-
itarian and family immigration) the latter was ready to accept yearly. This
agreement was negotiated during the Meech Lake constitutional phase
and, even though the accord failed, the immigration segment of the deal
232 P.-L. BEAUREGARD ET AL.
3 https://www.canadavisa.com/quebec-immigration-quebec-selection-certificate.html#
gs.opsgu4.
4 In 2017, Quebec received 52,388 immigrants. Of these, 57.8% were economic immi-
grants, 23.2% were from the family reconciliation program, and 17.5% were refugees
(MIDI 2018).
11 MANAGING IMMIGRATION IN THE CANADIAN FEDERATION … 233
5 See the Canada-Quebec Accord, Annex B. The Accord does not state that Quebec
opted-out, but mentions instead that the federal government withdrew from certain
services.
11 MANAGING IMMIGRATION IN THE CANADIAN FEDERATION … 235
6 https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/
policies-operational-instructions-agreements/agreements/federal-provincial-territorial/que
bec/canada-quebec-accord-relating-immigration-temporary-admission-aliens.html.
7 https://www.alberta.ca/ainp-selection-criteria.aspx.
8 https://www.saskatchewan.ca/residents/moving-to-saskatchewan/immigrating-to-sas
katchewan/saskatchewan-immigrant-nominee-program.
9 https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-can
ada/provincial-nominees/works.html.
236 P.-L. BEAUREGARD ET AL.
federal government fluctuated between 94 and 97% over the period span-
ning from 2010 to 2015 (Canada 2017, p. 16), with a few exceptions
due to national security issues.
Although there is a strong federal–provincial cooperation with respect
to the nomination, selection, and integration processes, provinces (except
for Quebec) do not have the last word in the selection of their immi-
grants. Variation by provinces is due to this voluntary approach and to
the fact that the federal government reserves for itself the right to select
some economic-class immigrants. For instance, in 2017, Ontario only
chose 13.1% of its economic immigrants,10 but now shows an interest
for better matching the skills of its immigrants to the needs of its labor
market, in particular in the high-tech industries.11
Since there is no established devolution process, provinces (with the
notable exception of Quebec) do not receive any financial compensa-
tion for proposing their own candidates. Once nominated, the federal
government selects them just as non-nominated candidates. Moreover,
provinces are not free to set their own immigration targets. Instead, the
federal government allots each provincial government with an “allocation
of nominations” each year whereas, in the case of Quebec, the latter can
choose its own economic-class immigrants and how many of them are to
be admitted.
10 We divide the number of accepted provincial nominees by the sum of the following
classes of federal immigrants: federal economic skilled; federal economic caregivers; federal
economic business; Atlantic immigration pilot programs. For Quebec, the provincially
selected immigrants include those of the Quebec Skilled Workers program and the Quebec
Business Immigrations programs.
11 https://www.cicnews.com/2019/04/ontario-announces-new-foreign-tech-worker-str
eam-and-immigration-pilot-for-smaller-communities-0412178.html#gs.osbfxi.
11 MANAGING IMMIGRATION IN THE CANADIAN FEDERATION … 237
Table 11.1 Evolution of the share of immigrants with respect to the total
population
been attained. Table 11.1 shows that the proportion of immigrants going
to Quebec has been substantially and persistently lower than in both
Ontario and Canada as a whole. One can speculate about the reasons
that could explain this tendency. Three reasons can be suggested: (1)
Quebec has historically been a laggard within the Canadian economy;
(2) its nationalist agenda has from time to time incited immigrants to go
toward other provinces; and (3) Ottawa has recently developed a program
to encourage provinces outside of Quebec to take a larger portion of
francophone immigrants. But ultimately, Quebec’s capacity to retain its
immigrants has been undermined by Ontario’s impressive capacity to
quickly integrate this new labor force due to its multicultural features.
It is important to stress that, although Quebec chooses its economic-
class immigration, its point-based selection grid encompasses a compre-
hensive list of criteria that spans beyond the province’s immediate
economic needs. These express Quebec’s preferences in terms of family
structure, age, language mastery and, indirectly, religious beliefs, and
cultural traditions. Figure 11.1 clearly illustrates how Quebec’s preference
for French language proficiency shows into the linguistic composition of
its immigration. From 2011 to 2017, the proportion of immigrants with
at least a basic French language proficiency dropped significantly from
63.4 to 42%. Over this same time period, the proportion of incoming
immigrants selected by the provincial government declined from 69.8 to
57.8%.
This change is mainly explained by the increase in the number of
immigrants admitted by Ottawa through the Family Class category.
Immigration quotas for that category are fixed by the federal govern-
ment and applicants must be sponsored by family members that are either
citizens or permanent residents. The country-wide quota was of 17,000
238 P.-L. BEAUREGARD ET AL.
12 With the recent changes in the federal program, Family Class immigrants will
henceforth be selected on a first-come-first-serve basis.
11 MANAGING IMMIGRATION IN THE CANADIAN FEDERATION … 239
(57.6%), Alberta (22.8%), and British Columbia (16.3%) in 2014, the last
year for which we have reliable data.
Quebec responded with the Quebec Experience Program (PEQ) which
became effective in 2010 and quickly became one of the most important
pieces of its immigration system. From 2011 to 2014, temporary working
or studying immigrants receiving Quebec selection certificates augmented
from 14.1 to 23.9%, to reach an imposing 47.1% in 2017. While not all
the temporary immigrants passed through the PEQ, as it is illustrated in
Fig. 11.2, the scope of the program grew way beyond the government’s
expectations, which had set at 20% its target for immigrants who had
working experience in Quebec. Its new target was increased to 40% in
2017 (MIDI 2018).
Figure 11.2 compares the proportion of economic immigrants that
were selected through the CEC and PEQ programs. For Quebec, we
divide the number of immigrants selected through the PEQ by the total
number of immigrants selected through the other streams, namely, the
Fig. 11.2 Proportion of PEQ and CEC immigrants over the economic category
(Source Canada, 2012 to 2018 Annual report to Parliament on Immigration.
Ministère de l’immigration, de la Diversité et l’Inclusion, Rapport Annuel de
Gestion 2012 to 2016. Ministère de l’immigration, de la Diversité et l’Inclusion,
Demande d’accès à l’information #16221)
240 P.-L. BEAUREGARD ET AL.
2003, then was emulated in Australia (2012), Canada (2015) and finally
Quebec (2019) (Bedford and Spoonley 2014).
In the form of a compromise, the Quebec government has decided
to process some of the 18,000 applications that were stalled within the
previous immigration platform and which had at one point been said to
have been cancelled. Those who applied through the previous system and
who resided in Quebec as temporary immigrants at the time of applying
have been included in the new program, as well as those who physically
resided in the province at the time the law was assented.13 Finally, some of
the modalities of the new system did attract the attention of the public. In
particular, the government no longer allows foreign students who grad-
uate from a Quebec university to apply through the PEQ, a change that
particularly affects potential immigrants with a French nationality.14 The
spokesperson of the Minister of Immigration justified this change saying
that “given the shortage of labor, the government has decided to priori-
tize workers who already have a job in Quebec. They rapidly satisfy our
needs.”15
13 https://www.immigration-quebec.gouv.qc.ca/en/informations/news/news-2019/
assent-act.html.
14 https://www.lexpress.fr/emploi/gestion-carriere/quebec-les-etudiants-etrangers-tem
porairement-exclus-de-la-voie-d-acces-rapide-au-visa_2090148.html.
15 https://www.lapresse.ca/actualites/politique/201907/10/01-5233501-immigr
ation-les-etudiants-etrangers-diplomes-au-quebec-expulses-de-la-voie-rapide.php.
242 P.-L. BEAUREGARD ET AL.
16 https://www.gov.uk/guidance/devolution-of-powers-to-scotland-wales-and-nor
thern-ireland#background-to-devolution.
17 https://www.homeaffairs.gov.au/research-and-stats/files/migration-australia-state-ter
ritories-2012-13.pdf.
11 MANAGING IMMIGRATION IN THE CANADIAN FEDERATION … 243
full legislative and executive powers for the competencies that have been
assigned to them” (Adam 2013, p. 558). This feature limits the scope for
cooperation between levels of government.
Finally, in Malaysia, the last two states to join the Malaysian federa-
tion—Sabah and Sarawak—form what is known as East Malaysia. These
two states have considerably more autonomy than the others, notably
in terms of immigration policies (Salleh et al. 2019, p. 323). This is one
good example of de jure asymmetry (Watts 2005). Sabah and Sarawak not
only have more power in terms of international migration but also exert
control of inter-state migration from West Malaysia (Melbourne Forum
on Constitution-Building 2018). These asymmetries have led to some
important tensions and conflicts between the Malaysian government and
Sabah, the former accusing the State of systematically granting citizenship
to immigrants (see Royal Commission of Inquiry on Illegal Immigrants in
Sabah).
These few international examples show how distinct the Canadian
immigration system is. Its main distinctive characteristic is its asymmetric
character. In fact, formal constitutional asymmetries are quite rare in the
Canadian federation and federal policies tend to exhibit a high level of
uniformity (Gagnon and Garon 2019). The evolution of its immigration
system, which acknowledges the existence of Quebec’s different perspec-
tive, that it be cultural and linguistic with respect to its philosophy relating
to integration, is clearly an exception.
Conclusion
This unique case naturally raises some efficiency issues. From a normative
standpoint, one cannot demonstrate without any ambiguity that Canada’s
asymmetric decentralization is the optimal way to proceed. However, it is
common to assess the efficiency of decentralization by evaluating whether
a decentralized provision of public services is more likely to accommodate
policy preferences of the various communities in a given federation than
a centralized provision. The fact that Quebec considers itself a distinct
society and that its linguistic composition is significantly different from
the one prevailing in the rest of the country suggest that the prefer-
ences of Quebecers with respect to immigration policies are likely to
differ from those of the nine other provinces. In such circumstances, we
are of the view that decentralizing the selection of immigrants more in
244 P.-L. BEAUREGARD ET AL.
References
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Quebec: Debating Multinationalism. Toronto: University of Toronto Press.
Gagnon, Alain-G., and Jean-Denis Garon. 2019. Constitutional and Non-
constitutional Asymmetries in the Canada Federation: An Exploration into the
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national Federalism, eds. P. Popelier et M. Sahadžić, 77–104. Cham: Palgrave
Macmillan.
11 MANAGING IMMIGRATION IN THE CANADIAN FEDERATION … 245
H. Duncan
Department of Political Science, Carleton University,
Ottawa, ON, Canada
e-mail: howard_duncan@carleton.ca
Y. Samy (B)
Norman Paterson School of International Affairs, Carleton University, Ottawa,
ON, Canada
e-mail: yiagadeesen.samy@carleton.ca
1 See https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publicati
ons-manuals/departmental-plan-2019-2020/departmental-plan.html (accessed January 8,
2020).
252 H. DUNCAN AND Y. SAMY
IRCC will move forward with the Global Compact for Migration. The
Department will work with counterparts in other countries and interna-
tional organizations to advance the objectives of the Compact. IRCC will
also work with key bilateral partners on migration-related capacity building
initiatives through the Migration Policy Development Program.
12 CONCLUSION: WILL CANADA’S IMMIGRATION POLICY … 253
2 See https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publicati
ons-manuals/departmental-plan-2019-2020/departmental-plan.html (accessed on January
8, 2020).
254 H. DUNCAN AND Y. SAMY
The NAFTA seeks to liberalize trade between the U.S., Mexico and Canada
and abolish tariffs and other trade barriers. The Agreement opens up the
three countries’ markets by ensuring that future laws will not create barriers
to doing business. In order for trade to expand, individuals must have
access to each other’s country to sell, provide goods or services or trade
and invest. Chapter 16 of the NAFTA, entitled “Temporary Entry for
Business Persons”, provides the mechanisms to allow selected categories
of temporary workers access to each other’s market(s). Chapter 16 eases
the temporary entry of citizens of the U.S., Mexico and Canada, whose
activities are related to the trade of goods or services, or to investment. The
There are other aspects of the immigration program that involve rela-
tions with specific countries. Unlike most countries with immigration
programs, Canada has established visa offices in many of its embassies
overseas, an organizational structure that immediately brings immigra-
tion officials into direct contact with officials of Global Affairs Canada,
formerly the Department of Foreign Affairs and International Trade.
Decisions on which embassies will host a visa office are policy decisions,
and they may affect the mix of countries of origin of immigrants to
Canada because it is simply easier for citizens of some countries to apply
for a visa than for others. Canada does not impose a visa requirement
on citizens of all countries; citizens of many countries can enter without
having previously received an entry visa. There are numerous reasons
that the Government of Canada will require a visa for citizens of certain
countries, the most common concerning the number of asylum claims
that come from individual countries, the integrity of the passport system
of certain countries, or concerns over national security. Citizens of the
majority of countries in the world require a visa to enter Canada. When
Canada imposes a new visa requirement, this can lead to difficult rela-
tions between the two governments as was quite evident in 2009 when
Canada began requiring visas of Mexican nationals and of Czech nationals
that same year. In the latter case, the European Union became involved
because the Czech Republic had recently become an EU member state.
The relationship between migration and development has captured the
attention of the international community over the past 20 years and was,
in fact, the thin edge of the wedge that allowed the open discussion of
migration governance of the Global Compacts, development being a rela-
tively safer point around which to meet, at least by comparison to overt
governance of migration and the corresponding losses of sovereignty
this could entail. The United Nations High-Level Dialogues mentioned
earlier and the continuing Global Forum on Migration and Development
were meetings intended to explore how co-operation among migrant
4 See https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publicati
ons-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/intern
ational-free-trade-agreements/north-american.html, section 1.2 (accessed on January 10,
2020).
256 H. DUNCAN AND Y. SAMY
5 See https://www.mckinsey.com/business-functions/organization/our-insights/attrac
ting-and-retaining-the-right-talent (accessed on January 8, 2020).
12 CONCLUSION: WILL CANADA’S IMMIGRATION POLICY … 257
6 See http://english.www.gov.cn/state_council/ministries/2018/03/13/content_2814
76076498988.htm (accessed on January 8, 2020).
258 H. DUNCAN AND Y. SAMY
met, and it may require that Canada cease relying on a supply driven
intake and begin shifting towards creating a strong and sustained demand
for the world’s top talent to choose to come to Canada.
With the exceptions such as those mentioned above, Canada has
predominantly approached the relationship between international affairs
and immigration policy through the international community, especially
through the agencies of the United Nations. To a certain extent, Canada’s
interventions at the United Nations have been to protect its sovereignty
over its immigration policy and program. In this regard, its approach has
been like that of many other countries including the United States which
guards its sovereignty so vigorously that it stopped participating in the
negotiations towards the Global Compact for Migration and refused to
sign either of the 2018 Compacts. Like many countries, especially devel-
oped countries, Canada has been somewhat wary of efforts to create a
mechanism of global governance of migration as such a mechanism would
require sacrifices of sovereignty over domestic immigration and perhaps
integration policy and programs, too. Accordingly, it has not signed the
1990 International Convention on the Protection of the Rights of All
Migrant Workers and Members of their Families; its refusal to do so is in
line with virtually all states with developed economies. The 55 states that
have signed and ratified this Convention are all what would have been
considered migrant-sending countries.
Where Canada has exercised considerable global leadership in the field
of migration is with regard to refugee resettlement. This is a point rein-
forced by Milner in Chapter 3 of this volume, who argues that Canada
exerted its moral and expert authority within the refugee regime and
played a key role in the development of the UN Global Compact on
Refugees. In 2018, Canada became the world’s largest destination for
UNHCR resettled refugees, that is, refugees who were resettled through
the UNHCR’s resettlement program. This is not to be confused with
the reception of asylum seekers or refugees who cross into neighbouring
countries fleeing from war or other forms of catastrophe. These number
far greater than formally resettled refugees. Out of the approximately
26 million refugees in the world today, fewer than 100,000 per year
are formally resettled through the UNHCR program. Today, there are
an estimated 70 million displaced persons in the world, including over
40 million internally displaced, 26 million refugees, and over 3 million
12 CONCLUSION: WILL CANADA’S IMMIGRATION POLICY … 259
IRCC will move forward with the Global Compact for Migration. The
Department will work with counterparts in other countries and interna-
tional organizations to advance the objectives of the Compact. IRCC will
also work with key bilateral partners on migration-related capacity building
initiatives through the Migration Policy Development Program.