"Immigration" is the process of people moving to and establishing a life in a country that is not their native country.
"Emigration" is to leave your own country and settle in a new one.
The Immigration and Refugee Protection Act
Canada's immigration policies are guided by a law called “The Immigration and Refugee Protection Act.”
Immigration policy refers to the procedures for reevaluating immigrants (determines who meets the criteria to become a Canadian or a permanent resident) and indicates how many people are allowed into Canada from year to year.
Goals of the Immigration and Refugee Protection Act:
Pursue social, cultural, and economic benefits for all Canadians.
Respect Canada's bilingualism and multiculturalism.
Support the development of minority official language communities.
Share benefits of immigration across all of Canada.
Reunite families in Canada.
Promote integration of immigrants, involves obligations for both new immigrants and Canadians.
The Treatment of Refugees under the Act
Save lives and offer protection to people who are displaced and persecuted.
Fulfill and affirm Canada's international commitments to protect refugees.
Grant fair consideration to people who claim to be persecuted, as an expression of Canada's humanitarian ideals.
Offer refuge to people facing persecution because of race, religion, political opinion or membership in a social group, and to people who face torture, or cruel and unusual treatment or punishment.
Changes to Canada’s Immigration Laws
The previous law – The Immigration Act 1976 – focused more on preventing espionage (spying) and preventing spies from entering Canada.
The current law – The Immigration and Refugee Protection Act 2002 – focuses on preventing terrorism and preventing members of terrorist organizations from entering Canada.
The Four Categories of Immigrants
There are four categories of immigrants under the Immigration and Refugee Protection Act:
Economic Class
Skilled workers or professionals (business-people) who apply to live in Canada
This class makes up the majority of immigrants to Canada.
This class must qualify under the Immigration Points System.
The Point System
It is the criteria used to decide who to accept as immigrants
The point system evaluates:
Age – Immigrants between the ages of 18 and 35 are preferred.
Education – More education is preferred.
Language Skills – Knowing English and/or French is important
Work Experience – Having more work experience is preferred.
Arrange Employment – Having a job lined up in Canada is preferred.
Adaptability – The likelihood you will adapt and integrate into Canadian society.
The point system only applies to Economic Class immigrants.
The Health Factor
All potential economic immigrants to Canada must provide proof that they are in good health. This does not necessarily apply to those entering as refuges or family-class immigrants.
Economic immigrants may be refused if:
Their health puts the health of Canadians at risk (i.e. they have a communicable disease such as tuberculosis).
They have a condition that could endanger public safety (i.e. they have a mental disorder).
Their health could put excessive demand on Canada’s health services (i.e. they have HIV/AIDS).
Why does this category exist?
Canada needs workers for the work force. The birth rate is too low.
Without immigration, the labour force will shrink.
Family Class
Immigrants are those whose spouses, partners, children, parents, and grandparents already live in Canada.
Refugees
People who are escaping persecution, torture, or cruel and unusual punishment in their own country.
History of Refugees in Canada
Canada signed the U.N. Convention Relating to the Status of Refugees in 1951.
During the 1950s and 1960s, Canada offered to shelter refugees in response to specific world crises.
In 1976, Canada made refugees one of its immigration categories. The change meant that Canada accepted refugees steadily, instead of crisis by crisis.
The Singh Decision
Satnam Singh came to Canada from India seeking refugee status. He was denied under the Immigration Act, 1976. The law did not allow Mr. Singh to state his case in person or to appeal the government’s decision on his case.
The Supreme Court said this violated section 7 of the Charter of Rights and Freedoms, which says: Everyone has the right to life, liberty and security of the person, and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
The Supreme Court said everyone in the Charter means everyone — every person physically present in Canada.
Results of the Singh Decision
People claiming refugee status in Canada have the right to a hearing, which they attend in person.
Canada established the Immigration and Refugee Board to provide quick and fair hearings.
Canada’s government provides people seeking refugee status with the necessities of life while they wait for a hearing.
Other Immigrants
A very small percentage of people are accepted by the Canadian government for humanitarian or compassionate reasons.
These immigrants do not fit under the other categories.
Immigration in Canada’s Past
Canada’s immigration laws once favored immigrants of British ancestry and restricted immigration from Asian countries, such as China and India.
No one today is excluded from Canada because of their race or country of origin. The point system, for example, evaluates people based on their skills and education.
The Komagata Maru Incident
In the early 1900s Canada’s government allowed people from India to enter Canada only if they sailed directly from India without stopping anywhere. Since no shipping line offered this service, Canada’s policy excluded immigrants from India.
Canadian officials did not let the passengers of the Komagata Maru off the ship.
Supporters of the protest challenged this decision in court, but lost the case.
After two months, the ship was forced to return to India. Upon its return, a few people died and others were arrested.
Chinese Head Tax
Between 1885 and 1923, Canada discouraged immigration from China by requiring every Chinese immigrant to pay a fixed fee, known as a head tax.
This was one of several laws that restricted immigration from Asia. Today, and for more than a decade, people from Asia have made up the largest group of immigrants to Canada.
In 2006, Canada’s government formally apologized to Canada’s Chinese citizens for the head tax.
Impacts of Immigration
One objective of the Immigration and Refugee Protection Act 2002 is to share the economic benefits of immigration across all regions of Canada.
Why might immigrants to Canada not choose to settle in Toronto, Montreal, or Vancouver? Why might they choose other cities, or rural areas?
Provincial Nomination Program
Provinces have some control of immigration to ensure immigration fits their needs. This is called the Provincial Nomination Program
Provinces can nominate a percentage of the immigrants Canada selects each year
For example, if Alberta had a labour shortage of 15% and there are 100 immigrants, Albert can nominate a percentage of these workers to come to Alberta and can specify that it needs immigrants with particular skills
Provinces are able to set up their own immigrations offices in foreign countries to encourage immigrants to come to their province
Note: Governments in Canada can’t require immigrants to settle in particular places or work in particular jobs but the program increases the likelihood that immigrants will settle in the provinces whose labour needs match their skills.
The Canada-Québec Accord
A specific agreement with Quebec that allows the province to nominate the percentage of immigrants to Canada that corresponds to its population within Canada
Allows Québec to require immigrants who settle in Québec to send their children to French-language schools.
Under the Canada-Québec Accord, Québec seeks immigrants whose first language is French.
Every year, about 75 percent of French-speaking immigrants to Canada settle in Québec. Overall, more non-Francophone immigrants settle in Québec than Francophone immigrants.
Immigration’s Impacts on Indigenous People
First Nations have collective rights under the constitution and a reasonable expectation to be consulted when the government of Canada makes decisions that fundamentally shape the future of the country.
Treaties and agreements between First Nations, Inuit or Métis peoples and the government of Canada create a commitment for Canada and Aboriginal peoples to work together and share prosperity. Some First Nations peoples, however, continue to face health, education and employment challenges linked to poverty and the impact of past policies and laws
These challenges an create obstacles to full participation in Canada’s economy for individuals from First Nations, Inuit or Métis communities.
Where such conditions exist, they can create issues, especially during times when Canada needs more skilled workers and professionals and seeks to fill these roles partly through immigration.