Today the Migrant Workers Centre (MWC) is releasing an open letter in response to Premier David Eby’s recent comments on the platform X, celebrating the passage of Bill C-12 into federal law.
Bill C-12 represents one of the most significant rollbacks of refugee and migrant rights in Canada in over a decade. It grants the government broad powers to cancel or alter immigration applications, allows deportation without hearings for certain asylum seekers, and disproportionately affects vulnerable groups, including women fleeing gender-based violence and members of the LGBTQ+ community.
In our attached open letter, we outline how this legislation impacts not only migrants and refugees, but also the broader BC community, and we call on the Premier to reconsider his public support and engage with legal experts, frontline organizations, and individuals with lived experience.
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Dear Premier Eby,
We write with respect to your comments on the platform X, celebrating the passage of Bill C-12 into federal law. This comment comes as a surprise from your office, considering the significant opposition of numerous respected human rights organizations and bar associations. These groups note that the passage of Bill C-12 represents an attack on refugee and migrant rights in Canada, and represents the most significant rollback of refugee rights in Canada in more than a decade.
The Migrant Workers Centre belongs to a broad coalition of organizations through the Migrant Rights Network that opposed the passage of Bill C-12. In its first iteration (Bill C-2), over 200 organizations called for the Bill to be withdrawn. Despite this, the Federal Government proceeded at full speed, with little study of the Bill and its impacts by House Standing committees.
The new legislation is a blow to both refugee rights and procedural fairness. It gives the government broad discretion to cancel, suspend or change any individual or group of immigration applications or documents—including for permanent resident visas and cards, work permits, and study permits. It allows the deportation of asylum seekers without a hearing for anyone who came to Canada after June 24, 2020, who did not file their claim within the first year of arrival – regardless of whether they remained in Canada or left and returned, which is inconsistent with international refugee law. This new ineligibility provision is more restrictive than the US asylum system and applies retroactively to refugee claimants who have already filed their refugee claim. The new law also makes it even more difficult for people who cross into Canada from the US to have their asylum claim heard by the Immigration and Refugee Board.
A broad range of experts and individuals with lived experience appeared in the Senate to underline the harmful effects of Bill C-12, including the Canadian Association of Refugee Lawyers, the Canadian Bar Association, the Canadian Council for Refugees, the Migrant Rights Network, and Amnesty International. After hearing the compelling testimony, the Standing Senate Committee on Social Affairs, Science and Technology recommended deleting parts of Bill C-12 that would make changes to immigration and refugee protection laws, due to human rights, privacy, and due process concerns. However, once sent back to the House of Commons, the recommendations were ignored, and no significant amendments were made as the government fast-tracked passage of the legislation.
The Canadian Bar Association issued an open letter to the Senate warning that the legislation would place Canada offside its international law obligations and create significant Charter vulnerability, removing critical procedural safeguards instituted following the Supreme Court of Canada’s decision in Singh. A similar statement was issued by the Canadian Association of Refugee Lawyers, noting the disproportionate impact the legislation will have on vulnerable groups, including women who have experienced gender-based violence and members of the LGBTQ+ community, who may take more time to come forward to file a refugee claim despite being at serious risk in their country of origin.
Just days before the Bill received Royal Assent, the United Nations Human Rights Committee expressed serious concern about the adoption of Bill C-12, warning that the legislation may weaken refugee protection and restrict access to adequate procedural safeguards for refugee claimants.
Considering the above, the Migrant Workers Centre was extremely discouraged and surprised by your comment celebrating the passage of Bill C-12 into law. To suggest somehow that Bill C-12 is about getting tougher on criminals and transnational organized crime groups is naïve at best, and cruel and deceptive at worst, as it scapegoats vulnerable migrant communities to obscure the Province’s own failure to effectively investigate and prosecute extortion cases.
Prior to the adoption of Bill C-12, the federal immigration enforcement system was already equipped to deal swiftly with foreign nationals who commit crimes – such as extortion – in Canada. Foreign nationals who are charged with crimes can be deemed ineligible to make refugee claims and deported. The problem is that the Province has consistently failed to lay charges in these cases.
This failure is well documented. Despite the high number of police investigations into extortion cases in the Lower Mainland over the past year, a combination of poor resourcing and onerous charging procedures have resulted in very few charges being laid. These factors are firmly in the Province’s control.
When government systems do not function as intended, British Columbians pay the price. The Province’s failure to effectively deal with extortion cases is mirrored in their approach toward dealing with the backlogs and policies in other areas that reward exploitative behaviour of migrant workers. These failures include more than five year wait times on the completion of human rights complaints and the lack of punitive powers in employment standards branch complaint processes.
We urge you to reconsider your position to stand with the many legal experts, frontline organizations, and people with lived experience who have raised serious concerns about Bill C-12. British Columbia has an opportunity to lead by example—by advocating for policies that uphold due process, protect the rights of migrants and refugees, and ensure that provincial systems do not deepen existing inequities.
We invite your office to engage directly with our Coalition to better understand the on-the-ground impacts of this legislation and to work collaboratively toward solutions that reflect both our shared commitments to justice and the dignity of all who call this province home.
Sincerely,
Jonathon Braun
Legal Director
Migrant Workers Centre
302-119 W. Pender Street
Vancouver BC V6B 1S5
Direct Phone: 604-909-4107
Email: jon@mwcbc.ca
Website: www.mwcbc.ca