Underfunding war crimes program lets criminals avoid deportation: Report
Marianne White
Canwest News Service
Monday, February 23, 2009
Canada's War Crimes program has limited financial and human resources to investigate all alleged war criminals and deny them safe haven or prosecute them, according to a new federal report.
Among them is Leon Mugesera, a Rwandan man now living in Quebec City who was deemed a war criminal by the Supreme Court of Canada and ordered out of the country in 2005. He is still in Canada and exhausting all legal avenues.
In its 2006-07 annual report on Canada's Program on Crimes Against Humanity and War Crimes, the Canada Border Services Agency (CBSA) noted that it faces challenges to balance its heavy caseload with its budget.
The report notes that "continued funding pressures" force the agency to focus on "the most cost-effective measures," such as early detection and preventing war criminals from entering Canada.
Sergio Karas, a Toronto immigration lawyer, said what upsets him more than the underfunding of the war crimes program is that so many convicted war criminals manage to stretch out their stay for years, even decades.
"I fail to understand why they get so many kicks at the can," Karas said. "Canada likes to pride itself as a compassionate nation, but do war criminals who have blood on their hands deserve any compassion?"
Bruce Broomhall, an international law professor at the University of Quebec at Montreal and an adviser to the Canadian Centre for International Justice (CCIJ), said the underfunding of the program prevents the government from prosecuting more war criminals.
"The (agency) is expressing these concerns in a diplomatic way, but what it means is that they don't have enough funding to pursue all the possible cases with the most robust measures possible and they have to be selective and focusing on preventive measures," he said.
Broomhall said that prevention can only deny access to new war criminals but does nothing to deal with those who are already in Canada.
"This has to be complimented by efforts to ensure that people are held criminally accountable for their actions," Broomhall said, noting that the war crimes program has been lauded throughout the world.
The number of immigrants - found to have been involved in war crimes or crimes against humanity - who were deported by Canada in 2007 was down to 35 from 41 in 2006. During that time, officials prevented 361 persons from coming to Canada.
The report, posted Friday on the CBSA website, also noted that at the end of March 2007, the agency had 59 enforceable removal orders as well as 162 outstanding warrants for people who did not report for removal.
The report says in 2006-07, CBSA officials filed 82 interventions at refugee hearings in cases involving war crime allegations. This number is significantly down from 237 the previous year, in part because of a lack of resources.
"Some regions have had to deal with staff turnover or understaffing, and with no budget increase in 10 years, had to concentrate on the most serious cases, which are most likely to succeed," the report states.
The annual funding of $15.6 million per year has not changed since the program was launched in 1998.
The CBSA and Citizenship and Immigration Canada get the lion's share of this budget, which is also shared with the Justice Department and the RCMP.
Only one alleged war criminal has been brought to justice in Canada. Desire Munyaneza has been charged in connection with the 1994 Rwandan genocide. His trial alone has cost an estimated $1.6 million and lasted more than a year and a half. It concluded last December and a verdict is expected to be months away.
The CBSA also mentions in the report its efforts to revoke the citizenship of Canadians found guilty of war crimes and genocide related to the Second World War. While Michael Seifert, known as the "Beast of Bolzano" for his cruelty to inmates in a prison camp in northern Italy, was extradited in February 2008 to Italy, six other cases are still pending.
The government is currently assessing if Jura Skomatczuk, Josef Furman, Vladimir Katriuk, Helmut Oberlander, Wasyl Odynsky and Jacob Fast will see their citizenship revoked.
A spokeswoman for CBSA declined to comment Monday on program funding and stressed the agency reviews all "(war crime) allegations and ensures that appropriate action is taken."
http://www2.canada.com/news/underfunding+crimes+program+lets+criminals+avoid+deportation+report/1321012/story.html?id=1321012
Tuesday, February 24, 2009
Saturday, February 21, 2009
CANADA: SERGIO R. KARAS QUOTED IN TODAY'S NATIONAL POST STORY
Maternity ward tourists
Expectant foreigners are using our hospitals for passports, doctors say
Tom Blackwell, National Post
Published: Friday, February 20, 2009
A growing number of pregnant women from foreign countries are giving birth here just so the babies can win Canadian citizenship, doctors say, raising questions about a long-standing immigration-law tradition.
In Montreal, many of these maternity "tourists" have failed to pay for hospital services, leaving obstetricians without compensation. In B.C., a recent child-abuse case drew attention to a facility that appears to cater to parents visiting from China so they can give birth in Canada and ensure a passport for their newborn.
The phenomenon is not entirely new. A few years ago there were reports of an agency in British Columbia arranging for maternity tours from South Korea, while the daughter of a Syrian general had a baby here in 2005 amid reports that the practice was common among that country's political elite.
But a recent string of cases in Montreal has left some doctors short thousands of dollars in fees, and they are trying to raise attention to the issue. Most have involved relatively affluent parents from francophone countries in the developing world, said Dr. Gaetan Barrette, president of the Quebec Federation of Medical Specialists.
"Obstetricians have seen a recent surge in the numbers," he said. "It's quite amazing to see. Those women will come for one delivery, then come back two times, three times to the same doctor for the same purpose. We're talking about [foreign] families where every child has a Canadian passport."
The mothers tell their physicians the unusual practice is an investment in the future of their children, who could attend school and take advantage of medicare in Canada later in life, Dr. Barrette said.
"What we see is people who have the money to take a trip to this country, vacation a bit, have a baby and go back home."
Anyone born on Canadian soil - except for the children of diplomats - automatically becomes a citizen and is entitled to services such as medicare and subsidized university education. While would-be visitors can be denied visas because of certain health problems, being pregnant is not a ground for refusal, said Nicholas Fortier, a Citizenship and Immigration Canada spokesman.
In fact, pregnant women sometimes tell Canadian officials the purpose of their visit is to have a child here, he said. In those instances, they have to prove they can support themselves while they are in Canada and cover the medical costs they incur, but they are not otherwise discouraged, Mr. Fortier said.
"I'm not aware that this is of great concern at this point," he said of the maternity tourism phenomenon.
Canada is among a number of immigration-based nations that grant citizenship based on ius soli -- latin for right of soil -- a principle that dates from the time when they wanted to encourage the children of new arrivals to stay and help build the country, said Sergio Karas, a Toronto immigration lawyer.
But some countries have added requirements, such as that one of the child's parents has to have legal status in the country, he said. New Zealand tightened its rules in response to maternity tours to that country.
No one suggests that any expectant mother be denied medical care. But some critics question the idea of granting automatic citizenship to the infants, noting that an adult Canadian citizen who has lived his or her entire life in another country could settle here, take advantage of taxpayer-funded services and even sponsor their parents under the family re-unification program.
"They're people who are well off and just want an insurance policy," said Mr. Karas, a Toronto immigration lawyer. "I think there is something fundamentally wrong with the concept ... This is purely selfish. There is nothing in it for us."
Montreal's Jewish General Hospital sees several passport-baby cases a year, mostly from Morocco and other African countries with a French connection, said Dr. Louise Miner, director of obstetrics for the hospital.
Many come with a "wallet full of cash" and pay for their services. In fact the hospital requires payment in advance from mothers who make arrangements with a doctor in advance, she said. But others show up at the hospital for the first time when they are in labour, and leave without paying, Dr. Miner said.
She also has trouble with automatically granting the babies citizenship. "These people are taking advantage of the system."
Obstetricians are supposed to be paid $400 for a normal delivery, but get nothing when an out-of-country mother leaves without paying, Dr. Barrette said. For some obstetricians, it has been "financially quite a burden."
The B.C. case came to light when a newborn was rushed to hospital this month apparently suffering from shaken-baby syndrome. The parents told the Vancouver Province they came to Richmond to give birth to get around China's one-baby policy and secure the child Canadian citizenship. "We wanted our child to have a good future," the father said.
They had been staying at a maternity house that appears to serve parents from China. Anna Marie D'Angelo, a spokeswoman for the Vancouver Health Authority, said the agency does not regulate such facilities and does not have information on their clientele. She suggested, though, that maternity tourism is not a large problem at the Richmond Hospital, at least, as it delivered babies from only three out-of-country mothers last year.
In Toronto, a spokeswoman for Mt. Sinai Hospital in Toronto said her institution has not delivered many passport babies.
Meanwhile, an online forum on magicmaman.com, a France-based parenting Web site, includes posts from three women of undisclosed nationality who indicate they planned to come to Canada have babies as "tourists," with at least one inquiring about the costs of doing so.
http://www.nationalpost.com/news/story.html?id=1313031
Expectant foreigners are using our hospitals for passports, doctors say
Tom Blackwell, National Post
Published: Friday, February 20, 2009
A growing number of pregnant women from foreign countries are giving birth here just so the babies can win Canadian citizenship, doctors say, raising questions about a long-standing immigration-law tradition.
In Montreal, many of these maternity "tourists" have failed to pay for hospital services, leaving obstetricians without compensation. In B.C., a recent child-abuse case drew attention to a facility that appears to cater to parents visiting from China so they can give birth in Canada and ensure a passport for their newborn.
The phenomenon is not entirely new. A few years ago there were reports of an agency in British Columbia arranging for maternity tours from South Korea, while the daughter of a Syrian general had a baby here in 2005 amid reports that the practice was common among that country's political elite.
But a recent string of cases in Montreal has left some doctors short thousands of dollars in fees, and they are trying to raise attention to the issue. Most have involved relatively affluent parents from francophone countries in the developing world, said Dr. Gaetan Barrette, president of the Quebec Federation of Medical Specialists.
"Obstetricians have seen a recent surge in the numbers," he said. "It's quite amazing to see. Those women will come for one delivery, then come back two times, three times to the same doctor for the same purpose. We're talking about [foreign] families where every child has a Canadian passport."
The mothers tell their physicians the unusual practice is an investment in the future of their children, who could attend school and take advantage of medicare in Canada later in life, Dr. Barrette said.
"What we see is people who have the money to take a trip to this country, vacation a bit, have a baby and go back home."
Anyone born on Canadian soil - except for the children of diplomats - automatically becomes a citizen and is entitled to services such as medicare and subsidized university education. While would-be visitors can be denied visas because of certain health problems, being pregnant is not a ground for refusal, said Nicholas Fortier, a Citizenship and Immigration Canada spokesman.
In fact, pregnant women sometimes tell Canadian officials the purpose of their visit is to have a child here, he said. In those instances, they have to prove they can support themselves while they are in Canada and cover the medical costs they incur, but they are not otherwise discouraged, Mr. Fortier said.
"I'm not aware that this is of great concern at this point," he said of the maternity tourism phenomenon.
Canada is among a number of immigration-based nations that grant citizenship based on ius soli -- latin for right of soil -- a principle that dates from the time when they wanted to encourage the children of new arrivals to stay and help build the country, said Sergio Karas, a Toronto immigration lawyer.
But some countries have added requirements, such as that one of the child's parents has to have legal status in the country, he said. New Zealand tightened its rules in response to maternity tours to that country.
No one suggests that any expectant mother be denied medical care. But some critics question the idea of granting automatic citizenship to the infants, noting that an adult Canadian citizen who has lived his or her entire life in another country could settle here, take advantage of taxpayer-funded services and even sponsor their parents under the family re-unification program.
"They're people who are well off and just want an insurance policy," said Mr. Karas, a Toronto immigration lawyer. "I think there is something fundamentally wrong with the concept ... This is purely selfish. There is nothing in it for us."
Montreal's Jewish General Hospital sees several passport-baby cases a year, mostly from Morocco and other African countries with a French connection, said Dr. Louise Miner, director of obstetrics for the hospital.
Many come with a "wallet full of cash" and pay for their services. In fact the hospital requires payment in advance from mothers who make arrangements with a doctor in advance, she said. But others show up at the hospital for the first time when they are in labour, and leave without paying, Dr. Miner said.
She also has trouble with automatically granting the babies citizenship. "These people are taking advantage of the system."
Obstetricians are supposed to be paid $400 for a normal delivery, but get nothing when an out-of-country mother leaves without paying, Dr. Barrette said. For some obstetricians, it has been "financially quite a burden."
The B.C. case came to light when a newborn was rushed to hospital this month apparently suffering from shaken-baby syndrome. The parents told the Vancouver Province they came to Richmond to give birth to get around China's one-baby policy and secure the child Canadian citizenship. "We wanted our child to have a good future," the father said.
They had been staying at a maternity house that appears to serve parents from China. Anna Marie D'Angelo, a spokeswoman for the Vancouver Health Authority, said the agency does not regulate such facilities and does not have information on their clientele. She suggested, though, that maternity tourism is not a large problem at the Richmond Hospital, at least, as it delivered babies from only three out-of-country mothers last year.
In Toronto, a spokeswoman for Mt. Sinai Hospital in Toronto said her institution has not delivered many passport babies.
Meanwhile, an online forum on magicmaman.com, a France-based parenting Web site, includes posts from three women of undisclosed nationality who indicate they planned to come to Canada have babies as "tourists," with at least one inquiring about the costs of doing so.
http://www.nationalpost.com/news/story.html?id=1313031
Thursday, February 12, 2009
CANADA MAY RESTRICT IMMIGRATION TO DEAL WITH DOWNTURN
Canada on track for permanent resident targets
Updated Wed. Feb. 11 2009 6:43 PM ET
CTV.ca News Staff
Canada's rising unemployment rate likely will not affect the government's goal to accept up to 265,000 permanent residents this year, according to Immigration Minister Jason Kenney.
"For 2009, we're planning on maintaining at an even level our intake of permanent resident immigrants," Kenney told CTV's Power Play Wednesday.
"Last year, we brought in 247,000 permanent residents," he added. "And we anticipate and hope that it will be in the same range. Having said that, obviously the economy is very dynamic, it's moving a lot, and this may have unperceivable consequences for the immigration program."
Immigrants searching for employment may have a more difficult time. The economy lost 129,000 jobs in January, most of them full-time positions, according to Statistics Canada. That's the biggest monthly decline in three decades.
It pushed the country's unemployment rate up slightly more than half a percentage point to 7.2 per cent.
Canada's manufacturing sector was the hardest hit, with a net drop of 101,000 jobs -- the largest monthly decline ever recorded.
But Ottawa still hopes to accept between 240,000 and 265,000 permanent residents this year. Of that number, up to 156,600 would be in the economic class, 71,000 in the family class and 27,200 in the protected persons class, which includes refugees. Another 10,200 would be accepted under humanitarian grounds.
Kenney said it's difficult to give a "precise prediction" for the end of the year, but did say he expects a reduction in the number of temporary foreign workers coming to Canada.
"Those are folks who tend to come here for one to two years on short-term contracts to fill jobs that employers have been unable to find Canadians for," he said. "That side of the immigration program we anticipate will see much less demand."
He also said his Department has made plans to cope with any influx of economic refugees, which can "gum up" the system as people who face actual violent persecution try to get into the country.
Canada has a precise definition of a refugee: it must be someone who has a well-founded fear of persecution based on their race, religion, political opinion, sexual orientation, nationality or membership in a particular social group.
"I do intend to look at ways that we can reform our so-called in-country refugee system," he said. "We want to make sure people don't come here and try to jump the queue. They have to wait to come in as legal economic immigrants."
Updated Wed. Feb. 11 2009 6:43 PM ET
CTV.ca News Staff
Canada's rising unemployment rate likely will not affect the government's goal to accept up to 265,000 permanent residents this year, according to Immigration Minister Jason Kenney.
"For 2009, we're planning on maintaining at an even level our intake of permanent resident immigrants," Kenney told CTV's Power Play Wednesday.
"Last year, we brought in 247,000 permanent residents," he added. "And we anticipate and hope that it will be in the same range. Having said that, obviously the economy is very dynamic, it's moving a lot, and this may have unperceivable consequences for the immigration program."
Immigrants searching for employment may have a more difficult time. The economy lost 129,000 jobs in January, most of them full-time positions, according to Statistics Canada. That's the biggest monthly decline in three decades.
It pushed the country's unemployment rate up slightly more than half a percentage point to 7.2 per cent.
Canada's manufacturing sector was the hardest hit, with a net drop of 101,000 jobs -- the largest monthly decline ever recorded.
But Ottawa still hopes to accept between 240,000 and 265,000 permanent residents this year. Of that number, up to 156,600 would be in the economic class, 71,000 in the family class and 27,200 in the protected persons class, which includes refugees. Another 10,200 would be accepted under humanitarian grounds.
Kenney said it's difficult to give a "precise prediction" for the end of the year, but did say he expects a reduction in the number of temporary foreign workers coming to Canada.
"Those are folks who tend to come here for one to two years on short-term contracts to fill jobs that employers have been unable to find Canadians for," he said. "That side of the immigration program we anticipate will see much less demand."
He also said his Department has made plans to cope with any influx of economic refugees, which can "gum up" the system as people who face actual violent persecution try to get into the country.
Canada has a precise definition of a refugee: it must be someone who has a well-founded fear of persecution based on their race, religion, political opinion, sexual orientation, nationality or membership in a particular social group.
"I do intend to look at ways that we can reform our so-called in-country refugee system," he said. "We want to make sure people don't come here and try to jump the queue. They have to wait to come in as legal economic immigrants."
Monday, December 15, 2008
CANADA: SERGIO R. KARAS QUOTED IN "THE LAWYERS WEEKLY"
Managing the economic meltdown
Canadian lawyers face new challenges
By Christopher Guly
Ottawa
December 19 2008
As Canadian lawyers watch their American colleagues lose clients — or their jobs — in the current economic meltdown south of the border, Ontario’s Dimitri Lascaris is acting on the litigation fallout from the U.S. financial crisis.
Last month, the partner in the class action department of Siskinds LLP in London, Ont. filed a proposed $550-million class action in the Ontario Superior Court against one of the world’s largest insurance companies, American International Group (AIG) Inc., its U.K.-based subsidiary, AIG Financial Products Corp. (AIGFP) and current and former directors and officers of both corporate entities, claiming that Canadian investors in AIG suffered massive losses.
The application is the first to use a provision of Part 23.1 of the Ontario Securities Act, which allows investors to sue companies that have a “real and substantial connection” to Ontario even if they are not “reporting issuers” in the province.
The class action arises out of a type of derivative AIGFP was trading, known as credit default swaps, and the resulting crash in AIG’s stock price when it became known that the credit default swaps exposed the company to “crippling liabilities,” placing AIG on the verge of collapse, said Laskaris in an interview.
“Public statements by the management of AIG to investors about the risks associated with credit default swaps and the way the company was valuing them are at issue in our lawsuit on behalf of Canadians who purchased shares of AIG during the period [Nov. 10, 2006 to Sept. 16, 2008] when AIG was making alleged misstatements about its credit default swap business,” Laskaris said.
He explained that thousands of Canadians could be involved in the class action against AIG, which is now effectively owned by U.S. taxpayers following a $150-billion US government bailout loan.
The Siskinds-led action will seek certification of a national class.
Expect more of these types of suits in the future, said Lascaris, who told The Lawyers Weekly that his firm is considering a number of class-action cases against financial institutions — most of them Canadian.
To avoid the current type of financial mess and credit crunch in the future, Lascaris said there needs to be radical reform, beginning with executive compensation gone “wildly out of control, not only in terms of the amount of money people get paid to operate unprofitable companies, but also in the incentive schemes to generate unsustainable but extraordinary short-term profits for executives that expose a corporation to considerable risk and leave shareholders to pick up the bill while they go off into the sunset as multimillionaires.”
He would like to see governments prohibit executive compensation that awards lucrative bonuses based on a company’s short-term performance — or, at an extreme, to impose a cap on executive compensation entirely.
But Lascaris added the latter might not be necessary if shareholders in public companies were able to exercise “meaningful control” over executive salaries and compensation.
However, University of Ottawa law professor Vern Krishna said corporate directors are elected to determine executive compensation, and giving shareholders such power is both “idealistic” and “unworkable” since not all investors have any understanding of management issues, as an example. As well, Krishna pointed out that in a free-market system, governments cannot oversee compensation in private companies unless there’s a plan to transfer their ownership to the state.
“People always say why doesn’t the government regulate as if it’s the cure-all for every ailment that occurs. It isn’t. Government has to walk a fine line between completely hands-off and being overly intrusive,” said Krishna, who also serves as tax counsel in the Ottawa office of Borden Ladner Gervais LLP.
He explained that one of the causes of the current financial crisis in the U.S. was the Clinton administration’s repeal in 1999 of the 1933 Glass-Steagall Act — legislation that separated commercial banks from those involved in investments.
“The political impetus for sub-prime mortgages stemmed from President Clinton’s desire and policy initiatives to help low-income families,” Krishna said.
The “perfect storm” created by the current economic downturn could generate considerable legal action in several practice areas, such as international trade and investment as well as litigation resulting from a potential escalation of cross-border trade disputes, according to McCarthy Tétrault’s John Boscariol, who heads the firm’s international trade and investment law group and is a partner in the litigation group in Toronto.
“When there are slowdowns, particularly in the context of a crisis, governments tend to erect trade barriers in an effort to protect employees and manufacturing in their country — measures that could violate obligations under trade agreements,” said Boscariol, who chairs the Ontario Bar Association’s international law section and serves as co-chair of the Canada committee for the American Bar Association (ABA)’s international law section.
Already, there are concerns that incoming U.S. President Barack Obama and his Democrat colleagues in Congress could spark one of the largest protectionist initiatives in recent memory. That in turn could lead to other actions on this side of the border.
“When markets slow down, companies bring forward more trade remedy cases, more countervail cases and more anti-dumping cases,” said Boscariol. “When companies start to suffer, they tend to blame imports.”
He adds that with massive government subsidization underway in the U.S., there could be legal challenges in Canada over whether such subsidies run afoul of U.S. trade obligations. So far, the European Union “has fired a warning shot over the bow,” indicating that it would be prepared to take the U.S. to the World Trade Organization if the U.S. government proceeds with a financial bailout of its auto industry and it’s found to have violated international trade law.
With all of these possible disputes on the horizon, some lawyers could be flooded with work.
But there will be slowdowns too, such as in the area of mergers and acquisitions where activity on the private equity side has “slowed to a trickle,” according to Paul Crampton, a partner in the competition and antitrust law group in the Toronto office of Osler, Hoskin & Harcourt LLP and a member of the steering group of the ABA’s international antitrust committee.
He said that some strategic buyers are also finding it difficult to access financing from financial institutions to lend them money. “The other problem is that with the equity markets bouncing around, a target’s market cap is moving all over the place. And if the buyer wants to use his own stock as part of the condition for the deal, that stock is also moving around,” said Crampton, whose practice focuses largely on international mergers and federal legislation on investments as related to the acquisition of Canadian businesses. “In the current economic uncertainty, trying to project future cash flow and earnings is difficult because it’s not quite clear how severe the recession is going to be in the U.S. and how bad a cold or cough Canada will get from it.”
And then there’s the human capital aspect of the current economic crisis, which Toronto immigration lawyer Sergio Karas is witnessing.
With the price of crude oil spiralling downward, Shell, BP and other major oil and gas exploration companies are either scaling back, slowing down or cancelling projects in Alberta’s tar sands. As a result, they will need fewer foreign skilled workers, who happen to be Karas’ clientele.
“Experts say it costs anywhere from $38 to $80 per barrel to make heavy crude from the oil sands economically viable, and only certain refineries have the capacity to handle that heavy crude,” said Karas, who is certified by the Law Society of Upper Canada as a specialist in Canadian citizenship and immigration law, and serves as chair of the Ontario Bar Association’s citizenship and immigration section and co-chair of the International Bar Association’s immigration and nationality committee.
“It costs the Saudis under $10 U.S. to get oil out of the ground and they produce light sweet crude, which is easy to refine. If there’s less market demand for crude, why would companies invest billions of dollars in the oil sands?”
He explained that employment-related immigration would also suffer as the crisis facing Canada’s automobile industry worsens and auto-parts makers, which rely on foreign labour, will freeze hiring.
Karas predicts that overall the country’s entire immigration system will face tremendous pressure
Saturday, November 29, 2008
CANADA: SERGIO R. KARAS QUOTED IN TODAY'S NATIONAL POST STORY
Immigration levels to be maintained
Faster Visas; In-demand skills will speed process for applicants
Tiffany Crawford, Canwest News Service
Published: Saturday, November 29, 2008
Despite uncertain economic times, Ottawa announced plans yesterday for Canada to take in up to 265,000 new permanent residents in 2009 and to speed up the processing of applications for potential new Canadians in dozens of high-demand occupations.
At a news conference in Toronto, Immigration Minister Jason Kenney said while countries such as Australia, Germany and England are cutting back on the number of people they allow to immigrate, Canada will maintain its immigration levels.
Under the plan, people wishing to move to Canada who work in 38 highly skilled job fields, such as health, finance and the oil industry, will go to the front of the line. That means skilled immigrants could have their visas processed in six to 12 months instead of having to wait five to six years.
"Nurses for instance, are needed whether you are in Nunavut or Vancouver or Toronto," said Mr. Kenney, adding that Canada is one of the few G7 countries that still has labour shortages, despite the economic downturn.
"Having said that, we will have to monitor the economy as it develops and, of course, we reserve the right to modify our policy if need be."
However, critics argue that when the government consulted with the provinces and with labour representatives, it did not take into account how deeply the global economy would fall.
Sergio Karas, chairman of the citizenship and immigration section of the Ontario Bar Association, believes the list of skilled workers gives potential new Canadians the impression there are jobs when those jobs could soon disappear, a problem he says that will "create chaos."
"We are going to be granting residency like lollipops and we're going to encourage them to come to Canada because they are on the list and we do not know, given the economic situation. We're giving them the impression that there are jobs to be had," he said.
While some occupations on the list, such as doctors and nurses, do not relate to the economic crisis, Mr. Karas said most are technical jobs that may be affected by the downturn. And he cited positions in Alberta's oilsands as an example. He suggests the government speed up the admission of temporary workers rather than hand out permanent residencies.
But Mr. Kenney said a backlog in foreign applicants has grown to 900,000 cases, up from 50,000 in 1993. He said of those, 600,000 people waiting in the queue are in the skilled-worker category.
"This is unacceptable and we need to take action," said Mr. Kenney.
The Minister said the government also will accelerate the immigration process for people who have an offer of employment or have already been living legally in Canada for one year as a temporary foreign worker or international student.
Mr. Kenney said the list of 38 occupations was developed after consultations with the provinces and territories, business and labour.
The Liberals have criticized the immigration reforms, arguing everyone should be treated on a first-come, first-served basis.
The Immigration Department said it expects 156,600 immigrants in the economic category; 71,000 in the family category; and 37,400 in the humanitarian category.
The Immigration Department also has expanded its Web site -- www.cic.gc.ca -- in an effort to make it easier for people to navigate the range of immigration options open to them.
Faster Visas; In-demand skills will speed process for applicants
Tiffany Crawford, Canwest News Service
Published: Saturday, November 29, 2008
Despite uncertain economic times, Ottawa announced plans yesterday for Canada to take in up to 265,000 new permanent residents in 2009 and to speed up the processing of applications for potential new Canadians in dozens of high-demand occupations.
At a news conference in Toronto, Immigration Minister Jason Kenney said while countries such as Australia, Germany and England are cutting back on the number of people they allow to immigrate, Canada will maintain its immigration levels.
Under the plan, people wishing to move to Canada who work in 38 highly skilled job fields, such as health, finance and the oil industry, will go to the front of the line. That means skilled immigrants could have their visas processed in six to 12 months instead of having to wait five to six years.
"Nurses for instance, are needed whether you are in Nunavut or Vancouver or Toronto," said Mr. Kenney, adding that Canada is one of the few G7 countries that still has labour shortages, despite the economic downturn.
"Having said that, we will have to monitor the economy as it develops and, of course, we reserve the right to modify our policy if need be."
However, critics argue that when the government consulted with the provinces and with labour representatives, it did not take into account how deeply the global economy would fall.
Sergio Karas, chairman of the citizenship and immigration section of the Ontario Bar Association, believes the list of skilled workers gives potential new Canadians the impression there are jobs when those jobs could soon disappear, a problem he says that will "create chaos."
"We are going to be granting residency like lollipops and we're going to encourage them to come to Canada because they are on the list and we do not know, given the economic situation. We're giving them the impression that there are jobs to be had," he said.
While some occupations on the list, such as doctors and nurses, do not relate to the economic crisis, Mr. Karas said most are technical jobs that may be affected by the downturn. And he cited positions in Alberta's oilsands as an example. He suggests the government speed up the admission of temporary workers rather than hand out permanent residencies.
But Mr. Kenney said a backlog in foreign applicants has grown to 900,000 cases, up from 50,000 in 1993. He said of those, 600,000 people waiting in the queue are in the skilled-worker category.
"This is unacceptable and we need to take action," said Mr. Kenney.
The Minister said the government also will accelerate the immigration process for people who have an offer of employment or have already been living legally in Canada for one year as a temporary foreign worker or international student.
Mr. Kenney said the list of 38 occupations was developed after consultations with the provinces and territories, business and labour.
The Liberals have criticized the immigration reforms, arguing everyone should be treated on a first-come, first-served basis.
The Immigration Department said it expects 156,600 immigrants in the economic category; 71,000 in the family category; and 37,400 in the humanitarian category.
The Immigration Department also has expanded its Web site -- www.cic.gc.ca -- in an effort to make it easier for people to navigate the range of immigration options open to them.
Friday, November 28, 2008
CANADA: IMMIGRATION PRIORITY LIST ANNOUNCED
Minister Kenney Announces Immigration Levels for 2009; Issues Instructions on Processing Federal Skilled Workers
OTTAWA, ONTARIO--(Marketwire - Nov. 28, 2008) - Canada will stay the course on immigration in 2009, welcoming between 240,000 and 265,000 new permanent residents, Jason Kenney, Minister of Citizenship, Immigration and Multiculturalism, announced today.
"While countries such as the United Kingdom and Australia are talking about taking fewer immigrants, our planned numbers for 2009 are on par with last year and are among the highest for this country over the past 15 years," Minister Kenney said. "The numbers reflect a continued commitment to an immigration program that balances Canada's economic, humanitarian and family reunification goals."
The 2009 plan includes up to 156,600 immigrants in the economic category; 71,000 in the family category; and 37,400 in the humanitarian category.
Minister Kenney also announced another step in measures to improve the immigration program's responsiveness to Canada's labour market. Retroactive to February 27, 2008, the date specified by the Federal Budget, the Action Plan for Faster Immigration includes issuing instructions to visa officers reviewing new federal skilled worker applications to process those from candidates who:
- are in 38 high-demand occupations such as health, skilled trades, finance and resource extraction; or
- have an offer of arranged employment or have already been living legally in Canada for one year as a temporary foreign worker or international student.
The list of 38 occupations was developed after consultations with the provinces and territories, business, labour and other stakeholders. New federal skilled worker applications that do not meet the eligibility criteria outlined above will not be processed, and the application fee will be fully refunded. This, along with funds set aside in the 2008 Budget to improve the immigration system, will stop the backlog from growing and will start to draw it down.
"The eligibility criteria apply only to new federal skilled worker applicants and will not affect Canada's family reunification or refugee protection goals," said Minister Kenney. "Applicants who aren't eligible for the federal skilled worker category may qualify under another category, such as the Provincial Nominee Program, or as temporary foreign workers, which could then put them on a path to permanent residency through the new Canadian Experience Class. There are many ways to immigrate to Canada."
The Department has expanded its website in an effort to make it easier for people to navigate the range of immigration options open to them. The site now includes a specific section for employers (www.cic.gc.ca/employers) and a new interactive tool (www.cic.gc.ca/cometocanada) that matches information provided by potential applicants with immigration programs that best suit their circumstances.
"We expect new federal skilled worker applicants, including those with arranged employment, to receive a decision within six to 12 months compared with up to six years under the old system," said Minister Kenney. "All other economic class applications-including applicants chosen by Quebec, provincial nominees, the Canadian Experience Class, and live-in caregivers-will continue to be given priority."
These improvements, coupled with a number of recent initiatives that include the introduction of the Canadian Experience Class, bring Canada in line with two of its main competitors for highly skilled labour: Australia and New Zealand. Both of these countries have eliminated their backlogs and have systems that deliver final decisions for economic applicants within a year.
"The recent steps this Government has taken to improve our immigration system will help ensure that Canada remains competitive internationally and responsive to labour market needs domestically," said Minister Kenney.
OTTAWA, ONTARIO--(Marketwire - Nov. 28, 2008) - Canada will stay the course on immigration in 2009, welcoming between 240,000 and 265,000 new permanent residents, Jason Kenney, Minister of Citizenship, Immigration and Multiculturalism, announced today.
"While countries such as the United Kingdom and Australia are talking about taking fewer immigrants, our planned numbers for 2009 are on par with last year and are among the highest for this country over the past 15 years," Minister Kenney said. "The numbers reflect a continued commitment to an immigration program that balances Canada's economic, humanitarian and family reunification goals."
The 2009 plan includes up to 156,600 immigrants in the economic category; 71,000 in the family category; and 37,400 in the humanitarian category.
Minister Kenney also announced another step in measures to improve the immigration program's responsiveness to Canada's labour market. Retroactive to February 27, 2008, the date specified by the Federal Budget, the Action Plan for Faster Immigration includes issuing instructions to visa officers reviewing new federal skilled worker applications to process those from candidates who:
- are in 38 high-demand occupations such as health, skilled trades, finance and resource extraction; or
- have an offer of arranged employment or have already been living legally in Canada for one year as a temporary foreign worker or international student.
The list of 38 occupations was developed after consultations with the provinces and territories, business, labour and other stakeholders. New federal skilled worker applications that do not meet the eligibility criteria outlined above will not be processed, and the application fee will be fully refunded. This, along with funds set aside in the 2008 Budget to improve the immigration system, will stop the backlog from growing and will start to draw it down.
"The eligibility criteria apply only to new federal skilled worker applicants and will not affect Canada's family reunification or refugee protection goals," said Minister Kenney. "Applicants who aren't eligible for the federal skilled worker category may qualify under another category, such as the Provincial Nominee Program, or as temporary foreign workers, which could then put them on a path to permanent residency through the new Canadian Experience Class. There are many ways to immigrate to Canada."
The Department has expanded its website in an effort to make it easier for people to navigate the range of immigration options open to them. The site now includes a specific section for employers (www.cic.gc.ca/employers) and a new interactive tool (www.cic.gc.ca/cometocanada) that matches information provided by potential applicants with immigration programs that best suit their circumstances.
"We expect new federal skilled worker applicants, including those with arranged employment, to receive a decision within six to 12 months compared with up to six years under the old system," said Minister Kenney. "All other economic class applications-including applicants chosen by Quebec, provincial nominees, the Canadian Experience Class, and live-in caregivers-will continue to be given priority."
These improvements, coupled with a number of recent initiatives that include the introduction of the Canadian Experience Class, bring Canada in line with two of its main competitors for highly skilled labour: Australia and New Zealand. Both of these countries have eliminated their backlogs and have systems that deliver final decisions for economic applicants within a year.
"The recent steps this Government has taken to improve our immigration system will help ensure that Canada remains competitive internationally and responsive to labour market needs domestically," said Minister Kenney.
Tuesday, November 25, 2008
CANADA: SERGIO R. KARAS QUOTED IN TORONTO STAR ARTICLE
New migrant class draws few
TheStar.com
Program to retain skilled immigrants attracts just 210 applicants since its launch in September
November 24, 2008
Nicholas Keung
Immigration/Diversity Reporter
A highly touted new immigration program has been hit by slow response from prospective skilled migrants and may fail to bring in the targeted 8,000 newcomers with Canadian academic credentials and work experience.
Since the program's inception in September, Citizenship and Immigration Canada has only received 210 applications under the Canada Experience Class, a new category designed to retain temporary foreign workers or foreign students as permanent residents with established credentials in Canada.
While some immigration lawyers say it is too early to gauge the initiative's popularity among immigration applicants, others are worried the economic meltdown would deny these workers and students the job experience they need to qualify.
"Let's face it. These people are trying to get into entry-level jobs. Few of them have the Canadian experience they need and they will be competing with Canadian workers who have been laid off," said lawyer Sergio Karas, chair of the Ontario Bar Association's immigration and citizenship section. "How can an employer justify hiring foreign students and workers while he's downsizing the workforce?"
A foreign worker must have at least two years of full-time Canadian work experience in managerial, professional, technical occupations or skilled trades to qualify for the program. A foreign graduate from a Canadian post-secondary institution needs a minimum one-year full-time work experience.
The initiative was part of Ottawa's answer to the decades-old "doctor-driving-cab" conundrum faced by immigrants whose foreign credentials are not recognized by Canadian employers. The plan is also expected to cut processing time since most applicants are already in Canada, presumably employed, allowing for easier access.
Toronto immigration lawyer Mario Bellissimo, who has a few such applications in the works, said slow response to the program – based on a pass-fail system as opposed to points – can be attributed in part to a language test requirement. "People ... need to prepare themselves psychologically and to study."
While many potential applicants may need more time to meet job experience requirements, lawyer Robin Seligman said those who've left Canada but still would qualify within a year after departing may be unaware of the program. "Others ... could have applied under other categories and decided not to file yet another immigration application under CEC," said Seligman.
TheStar.com
Program to retain skilled immigrants attracts just 210 applicants since its launch in September
November 24, 2008
Nicholas Keung
Immigration/Diversity Reporter
A highly touted new immigration program has been hit by slow response from prospective skilled migrants and may fail to bring in the targeted 8,000 newcomers with Canadian academic credentials and work experience.
Since the program's inception in September, Citizenship and Immigration Canada has only received 210 applications under the Canada Experience Class, a new category designed to retain temporary foreign workers or foreign students as permanent residents with established credentials in Canada.
While some immigration lawyers say it is too early to gauge the initiative's popularity among immigration applicants, others are worried the economic meltdown would deny these workers and students the job experience they need to qualify.
"Let's face it. These people are trying to get into entry-level jobs. Few of them have the Canadian experience they need and they will be competing with Canadian workers who have been laid off," said lawyer Sergio Karas, chair of the Ontario Bar Association's immigration and citizenship section. "How can an employer justify hiring foreign students and workers while he's downsizing the workforce?"
A foreign worker must have at least two years of full-time Canadian work experience in managerial, professional, technical occupations or skilled trades to qualify for the program. A foreign graduate from a Canadian post-secondary institution needs a minimum one-year full-time work experience.
The initiative was part of Ottawa's answer to the decades-old "doctor-driving-cab" conundrum faced by immigrants whose foreign credentials are not recognized by Canadian employers. The plan is also expected to cut processing time since most applicants are already in Canada, presumably employed, allowing for easier access.
Toronto immigration lawyer Mario Bellissimo, who has a few such applications in the works, said slow response to the program – based on a pass-fail system as opposed to points – can be attributed in part to a language test requirement. "People ... need to prepare themselves psychologically and to study."
While many potential applicants may need more time to meet job experience requirements, lawyer Robin Seligman said those who've left Canada but still would qualify within a year after departing may be unaware of the program. "Others ... could have applied under other categories and decided not to file yet another immigration application under CEC," said Seligman.
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