Development & Aid, Headlines, North America, Population

POLITICS: Canada Reverses Tougher Immigration Policy

Mark Bourrie

OTTAWA, Sep 23 2003 (IPS) - Canada is taking steps to open its doors to more immigrants by scaling back a ”points system” that gave the country a reputation as a hard place to get into.

Pressure from the courts, immigration lawyers and government members of parliament is one reason for the reversal. As well, Canada, which prides itself as a magnet for people looking for a new country, has been unable to attract enough skilled immigrants and businesspeople in recent years.

While Ottawa set its sights on 300,000 skilled newcomers a year – one percent of its population of 30 million – the number of people who achieved enough points in applying has steadily declined.

In 2002, about 230,000 immigrants arrived in Canada, down from 250,000 the previous year. The target for this year was 220,000-245,000, but new targets are expected in about a month, following last week’s announcement.

Immigration Minister Denis Coderre said Canada will immediately reduce its points requirements by more than 10 per cent, from 67 to 75 for people who apply in the ”economic” class. The change does not affect those who try to enter the country through the refugee or family classes.

An estimated 113,000 immigration applicants will now have a new or improved chance to become Canadians.

The points system awards applicants for a variety of attributes, such as working skills, education, age, experience, and the ability to speak English or French. Adaptability to the country also gives extra points.

But critics say cutting the points needed to immigrate will not solve Canada’s shortage of skilled immigrants.

”The Canadian system is unworkable. It is a broken machine,” said Toronto immigration lawyer Arif Raza in an interview with IPS. ”The system takes so long that most skilled immigrants just go elsewhere or give up.”

”The points system is just part of the problem. Immigrants are giving Canada a pass because the bureaucracy is overwhelming. Applications take years to process, communication with the department is impossible, consuls and embassy staff are hard to reach in most countries.”

”The system needs a fix,” Raza added, ”but there is no political will in Canada. Say ‘immigration’ and politicians scatter. It’s a hot-button issue here. The country needs immigrants, it wants immigrants, but everyone’s afraid to say so and no one will put money into fixing the mess and ending the backlog.”

Some government estimates say it would take three years to catch up with applications at a cost of 300 million to 500 million dollars (X us dollars).

Coderre’s staff say the revised point system will help bureaucrats cut the backlog of about 200,000 applicants.

About one-half of those can now be processed under the newer rules. Also, about 2,000 applicants who had been refused and another 10,000 who had withdrawn their applications will also be eligible.

One reason for last week’s change was the backlash to the government’s tough new rules set out last year. After the government implemented the legislation in June 2002, some applicants took the Immigration Department to court, arguing that Ottawa was unfairly treating those who applied before the new standards were announced by assessing them with the new criteria.

A judge agreed and ruled that people who applied before Jan. 1, 2002, when the new rules were announced, should be judged under the old standards.

A later ruling imposed an injunction against the department, saying no application from before Jan. 1, 2002, should be refused and that all applicants who were eligible to become part of a class-action lawsuit being contemplated against the government should be notified by the department.

Coderre told reporters last week he does not know if his new policy will reduce the chances of a major lawsuit.

"We are responding to current circumstances in a way that continues to encourage skilled immigration within the confines of existing resources and a balanced plan,” he said.

Critics of the system say the minister realised that tightening the rules by raising the required points from 70 to 75 was a serious mistake. Along with the threat of losing access to skilled workers and entrepreneurs, the government could be saddled with a huge lawsuit payout and a court-ordered reversal of those policies.

Jim Karygiannis, a Liberal MP who represents the Ontario riding of Scarborough-Agincourt, told the media he was "very happy with the decision".

Last year, Karygiannis broke ranks with his own party by threatening to "holler" at Coderre if the system was not changed. The MP’s anger was symptomatic of the frustration of many backbenchers, especially those from major cities, which attract the vast majority of immigrants, who have been overwhelmed with complaints from constituents about the system.

In a statement released after last week’s announcement, the country’s largest immigration advocacy group praised the new policy.

"It is heartening to know that the minister has been paying attention to the growing tide of opposition to the dysfunctional retroactive skilled worker regulations announced two years ago," said John Gracey, national vice president of the Association of Immigration Counsel of Canada.

The non-profit group represents immigration lawyers, former Immigration Department workers and advocates for increased immigration.

"Canadians can now rest assured that their values are being reflected in our governments immigration policy,” added John Ryan, a member of the association’s board. "Full credit has to be given to Minister Coderre for righting a wrong that effectively removed the rights of over 100,000 families looking to help build our country."