Canada Passes Faster Removal of Foreign Criminals Act: Reports FWCanada

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On June 20, 2013, Citizenship and Immigration Canada (CIC) announced that the Faster Removal of Foreign Criminals Act, also known as Bill C-43, became law in Canada. FWCanada points out that the Canadian government is now able to bypass the Immigration Appeal Board (IAD) to deport foreign nationals and permanent residents with a crime conviction.

Immigration/ Canadian Law firm

FWCanada- Canadian Law Firm

Measures taken to improve the efficiency and timeliness of appeals are only positive if there are mechanisms to ensure that individuals with serious and valid claims have the opportunity to be heard before being deported.

On June 20, 2013, Citizenship and Immigration Canada (CIC) announced that the Faster Removal of Foreign Criminals Act, also known as Bill C-43, became law in Canada. Initially proposed by the Minister of Citizenship, Immigration, and Multiculturalism Jason Kenney, the new law enables the Canadian government to bypass the Immigration Appeal Board (IAD) to deport foreign nationals and permanent residents with a crime conviction.

“Measures taken to improve the efficiency and timeliness of appeals are only positive if there are mechanisms to ensure that individuals with serious and valid claims have the opportunity to be heard before being deported” said Marisa Feil, supervising attorney at FWCanada.

The Faster Removal of Foreign Criminals Act is an amendment to the Immigration and Refugee Act. It increases the power of the administration to remove convicted foreign nationals, prevent potential offenders from Canada, and take down barriers for benign visitors entering the country.Specifically, it limits access to the IAD to those who receive a punishment of six months in jail.

Prior to the new law, Canadian permanent residents who were convicted of serious crimes could appeal to the IAD of the Immigration and Refugee Board. Due to the previous procedure, offenders of foreign nationalities could delay their deportation for many years.

"Canadians are generous and welcoming people, but they have no tolerance for criminals and fraudsters abusing our generosity. We want an immigration system that is open to genuine visitors, while prevents the entry of foreign criminals and denies them the ability to endlessly abuse our generosity," said Minister Kenney.

According to CIC, the amendment is supported by many law enforcement and immigrant organizations, including the Canadian Association of Police Chiefs, the Canadian Police Association, Victims of Violence, and Immigrants for Canada.

The change prevents criminals from viewing Canada as a place where they can escape from taking responsibility for their crimes. CIC emphasizes that the appeal process is reserved for individuals who deserve humanitarian considerations, not for criminals to delay their deportation by making endless appeals.

Other than making the deportation process more efficient, the newly established law gives authority to the Minister of Immigration to deny temporary entry to individuals who carry potential security threats and grant entry to low-risk individuals.

Although the original Bill C-43 has become law, it has generated much controversy from its initial stages. A September 24, 2012 article published by CBC News reveals that critics of Bill C-43 are concerned that this gives too much power to the administration, which may use it as a political tool. Last year, the National Immigration Law Section of the Canadian Bar Association (CBA) also published a recommendation to Bill C-43, urging policymakers to remove the bill or substantially amend it since it violated the right to appeal for Canadian permanent residents.

Despite of the concern and criticism, the Faster Removal of Foreign Criminals Act is now in effect.

About FWCanada:
FWCanada is a Canadian Immigration Law Firm which provides expertise in immigration services such as Temporary Resident Permits, Criminal Rehabilitation, Study Permits and Work Permits. Marisa Feil and her team ensure that each case is closely evaluated to determine the most relevant program. For more information, contact FWCanada at 1-855-316-3555.

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Marisa Feil
FWCanada
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