Saturday, April 3, 2021

The Canadian Model for dealing with Asylum Seekers and Refugees

 

This paper describes the system used by the government of Canada to determine the number of refugees allowed to settle in the country annually, how they are integrated into the labor market and how threats to national security are dealt with. The paper is one of several commissioned by the Swiss think tank Avenir Suisse for a project designed to permit the comparison of the policies adopted by different countries to deal with these issues in the hope that best practices can be identified and serve as models for optimum national policies. 

The analysis below draws heavily on the distinction between asylum seekers and refugees: “An asylum seeker is someone who is seeking international protection but whose claim for refugee status has not yet been determined. In contrast, a refugee is someone who has been recognized under the 1951 Convention relating to the status of refugees to be a refugee.”

The status of asylum seekers in Canada is adjudicated by Immigration, Refugees and Citizenship Canada (Refugee Board for short), a quasi-judicial organization that is financed and controlled by the federal government. This system brings Canada two different but related problems: controlling the arrival of asylum seekers and adjudicating their claims. 

The following analysis considers the ways in which the government of Canada approaches these two problems, describing for each first the theoretical model and then its real-world performance.

Determining the Number of Asylum Seekers 

In theory, Canada has in place a system, which allows it to precisely determine the number of asylum seekers arriving in the country by sea, land, and air. This system is very important because  in 1985 the Supreme Court of Canada made what is known as the “Singh Decision”, which mandated that all persons who have reached Canadian soil and informed a border guard that they are seeking asylum, are entitled to refugee board hearings, could not simply be denied their request and forced to return to another country. After they entered Canada, these asylum seekers are legally entitled to receive many costly services at the expense of Canadian taxpayers.

The government of Canada has adopted the following measures to prevent the arrival of potential asylum seekers:  

No measures are needed to prevent their arrival by sea, which is a serious problem for the European Community, since Canada’s coasts cannot be reached by the kind of vessels asylum seekers have access to and are used in the Mediterranean. 

Arrival by land from the United States is prevented by the existence of the Safe Third Country Agreement, which requires guards in both countries to turn back asylum seekers arriving at their borders. This policy is justified on the grounds that it is more efficient to have asylum seekers apply in the country in which they first arrived and that it avoids “welfare shopping”. This policy avoids the problem existing in European Community, where the Schengen Agreement makes it possible for asylum seekers to cross national borders without hindrance to the country believed to have the most generous social and economic assistance programs.  

Arrival by airlines and passenger vessels is prevented by requiring that all airplane and ship passengers have official Canadian documents, which show that: 

1.       They are tourists, temporary workers or students who have persuaded Canadian visa officials abroad that they have strong family and economic ties, which will make them return to their home countries after their business in Canada has been completed. 

2.       They are citizens of countries with which Canada has an agreement allowing tourists and business agents visa-free entry. These countries have stable, democratic, and liberal systems of government so that its citizens have no causes to seek asylum. 

3.       They are individuals who are slated to become landed immigrants under the government’s official immigration plan. They arrive with proper documentation certifying their status and have no incentive to apply for asylum. 

4.       They are individuals who have been selected in refugee camps abroad by Canadian and UN agents and are part of the government’s official immigration plan. After arriving, they are subjected to health and security checks, but they have no need to seek asylum.

Shippers are incentivized not to bring to Canada passengers that fail to meet these requirements since they must at their expense remove these passengers from the Canadian ports.  

The Performance of the Model

In fact, the system has not worked well. 29,365 asylum seekers arrived in 2019. At the end of 2021, 100,000 asylum seekers were awaiting adjudication of their claims.

What caused the failure of the policies designed to prevent their arrival?

Some of the asylum seekers are tourists, students, and temporary workers who had obtained visas by deceiving visa agents about their true intentions or who decided to move to Canada after they had experienced living conditions and learned about economic opportunities in the country.  

Many are visitors from stable, democratic, and liberal countries who arrived without visas and are seeking a better life in Canada by seeking to be declared refugees rather than go through the normal but lengthy and uncertain immigrant selection process that they otherwise would have to use. 

Recently, so many citizens from visa-free Mexico and Hungary claimed asylum that they began to overwhelm the capacity of the Refugee Board to adjudicate their claims. Minister Stephen Harper’s government reacted to this problem by ending visa-free travel for citizens of these countries. This policy reduced claims sharply. However, they increased rapidly again after the newly elected government of Prime Minister Justin Trudeau restored the visa-free agreement with Mexico.

The arrival of asylum seekers crossing the long and mostly unguarded Canada-US border has long been minimized effectively through the efforts of Canadian law enforcement agents. However, this success has ended as 50,000 asylum seekers have entered Canada during the last two years at the rural Roxam Road in Quebec. This inflow of asylum seekers came about because a Canadian judge had ruled that the

United States was no longer a safe country that respected human rights and that therefore the Third Safe Country Agreement no longer applied to asylum seekers coming from that country. The judge’s ruling was based on reports that asylum seekers who earlier had been turned back at the Roxam Road crossing had been deprived of their human rights after their return to the United States.

Determining the Number of Refugees

The Government of Canada annually submits to parliament a plan in which it presents the target number of immigrants for the coming year. Refugees are included in this target number. Table 1 shows the plan for the year 2020[1] with refugees targeted to be 49,700 or 13.8 percent of the total.

 

Since refugee policies are such a contentious political issue in Europe, it is worth noting that this is not the case in Canada. The annual immigration and refugee targets are produced by cabinet and civil servants and put into effect without parliamentary discussion. They attract little media and public attention, no less controversy. One reason for this situation is that Canadians are used to accepting many immigrants, which the government argues are needed to deal with labor shortages and a slowdown in the growth of national income.

Another reason is that Canadians widely agree with the idea that they live in a “land of immigrants”, as is evidenced by statistics derived from the 2016 census: 58.4 percent of the population were the offspring of parents who were both born in Canada, 17.7 percent had at least one parent born abroad, and 23.9 percent were born abroad. Often heard in discussions about immigration policies is the remark “If my parents had not been allowed to immigrate, I would not be here”, which is used to explain individuals’ support for the governments’ plans to bring large numbers of immigrants to Canada.  

Table 1

Immigration Level Targets for 2020

 

Economic Immigrants (individuals with skills or good prospects for economic success, 

 

 

 

    plus their spouses and under-age children)                                                        

 

195,800

Members of the families of immigrants already settled in Canada                        

   

   91,000

Refugees and Protected Persons                                                                            

 

   49,700

Humanitarian and Other                                                                                         

 

      4,500

 

Total

 

   341,000

Chart 1 shows the number of immigrants in Canada between 1990 and 2019. These immigrants have added considerably to the growth of the country’s population. For example, according to a report by Statistics Canada in the year 2018-19: Canada’s population rose by 531,497 to 37,589,262 ...

with immigration accounting for 82.2 percent of the growth. The growth of 1.4 percent in population … is the highest among all G7 countries, more than double the rate of 0.6 percent witnessed by both the U.S. and the U.K.” 

 



Source: Statistics Canada: Estimates of the components of international migration, quarterly

 

 

 

As was noted above, refugees are a percentage of all immigrants, 13.8 percent in 2020. Chart 2 shows this percentage for the 1993 to 2016. The average of these years is 13.4 percent with a low of 8.3 in 2012 and a high of 24.3 in 2016. Like the fluctuations in total immigration, these variations are due to cycles in economic activity and related conditions in the labor market. It is worth noting that the high number for 2015 is due to the arrival of 30,000 refugees from Syria, which represents the government’s contribution to the global effort to alleviate the suffering of refugees from the military conflict in Syria.[2] 


Source: Extracted from Figure 1.4 in a Statistics Canada document on the 2016 Census.

How does Canada’s intake of refugees compare with that of Europe and the United States?

In 2020 Canada’s target of 50 thousand refugees comes to 0.13 percent of the population of 38 million. 

For the European Union with a population of 448 million, 0.13 percent comes to 514 thousand. In fact, the EU admitted 1.25 million in 2015-2016 and an average annual 613 thousand in 2017-2019. 

With the US population of 327 million, 0.13 percent equals 390 thousand. The actual number of refugees for 2016 was 84,989 (Yearbook of Immigration Statistics, Table 13). 

These statistics suggest that Canada is more than pulling its weight in relieving the misery of refugees in the world in comparison with the record of the United States but falls short with respect to that of the European Union.

Refugees and National Security[3]

The number and scale of terrorist attacks by immigrants and refugees in Canada has always been small, especially compared with those in Europe. The only significant event involved the mid-Atlantic downing of an Air Canada flight to India in 1985, which resulted in the loss of 329 lives. It was motivated by political struggles in India and carried out by and aimed at Canadian citizens born in India. 

 

The low incidents of terror incidents caused by refugees is attributable in part to the work of security agents, though by the nature of the work, little is known of the extent to which they have prevented terrorist attacks by refugees. 

However, the work of these agents has been facilitated by the ways in which refugees are selected by government policies that minimize the arrival of terrorists. These ways are shown in Table 2. As can be seen, the 2020 target is for the admittance of 49.7 thousand refugees. Of these, 18 thousand will be “Protected Persons in Canada and Dependents Abroad”, who are asylum seekers in Canada that have passed the evaluation of their claim by the Refugee Board, including the assessment of the security risk they pose. The second category of “Resettled Refugees” consists of individuals selected by Canadian and UN agents in UN-operated refugee camps abroad based on their good economic prospects, health and threat to security.

It is noteworthy that 20 thousand out of a total of 49.7 thousand refugees are sponsored privately. Most of these sponsors are relatives already living in Canada or private charitable organizations with links to the refugees’ home countries. The rest of the resettled refugees are supported by the government. 

Table 2

Types of Refugees 2020

 

1.

Protected Persons in Canada & Dependents Abroad

 

 

 

18,000

2.

Resettled Refugees

 

 

 

 

 

        a.     Government Assisted                              

 

 

 

10,700

 

        b.    Blended Visa Office Referred                  

 

 

   

 1,000

 

        c.     Privately Sponsored                                 

 

 

 

 20,000     

 

 

 

Total

 

 49,700

 

Canada has some enclaves in which immigrants dominate the population, but it does not have Europe’s problems with enclaves in which refugees preserve their national culture and language but also are centers of unemployment, crime, religious intolerance, and the breeding ground of terrorists. This is not the place to explain this benign situation in Canada, but one important possible explanation is that most refugees and immigrants in Canada stem from China, India, and South Asian countries where militant Islamists are in a small minority. Other factors contributing to the absence of terrorist-breeding enclaves in Canada is that refugees and immigrants enjoy good employment opportunities, generous social assistance programs by governments and private charities and a general welcoming atmosphere by a public which believes that immigrants increase economic prosperity and enrich the diversity of Canadian culture. 

Labor market

Canada’s economy and labor market have always benefited from the production and export of natural resources found in abundance in the ground and harvested in fields, forests, and oceans. In addition, Canada’s manufacturing and service industries have grown and prospered through exports to and supply chains with the United States that were facilitated through free trade agreements. 

Under these conditions, immigrants normally are readily absorbed by the growing demand for labor from these industries. They also often reduce shortages of labor with special skills and find ready employment in occupations that Canadians were reluctant to fill, such as janitors, home and health care providers, truck, security guards, bus- and taxi-drivers.

The growth of the Canadian economy and demand for labor has fluctuated in the wake of business cycles that were highly correlated with and often caused by recessions and booms in the United States. Chart 3 shows the variations in immigration that existed for most of Canada’s history. Showing up clearly are recessions in the 1890s, post World War I, the 1930s and several financial and technology driven recessions in the period following the Second World War. 

Noteworthy is that no such major fluctuations are evident after 2000 shown in Chart 3 and Chart 1. Even the sharp and deep recession of 2008 brought no major reduction in the number of immigrants and refugees. These facts seem to reflect a basic change in government policy that was not justified or discussed by politicians responsible for it. 

Chart 3


 

Summary and Conclusions

Canada’s refugee policies are shaped by its unique geography, history, and institutions. The refugee policies are part of general immigration policies that are driven by politicians, have not encountered major public criticism and meet the country’s commitments to the relief of human suffering around the world. 

The findings of this study suggest that Canada’s natural and legal barriers to the unplanned entry of asylum seekers, its method of adjudicating their claims, selecting them from the occupants of UN refugee camps, evaluating the security risks of refugees and offering refugees ready employment and public assistance provide European countries with few insights on how to deal with the problems refugees pose for their countries.

However, in conclusion it needs to be noted that while Canada’s refugee and immigration policies have broad public support, they are coming under increasing criticism by policy experts and academics.[4]

 

Opinion surveys show a growing public dissatisfaction with existing immigration policies.[5] These developments appear to have no effect on the government’s immigration targets, policies, which it has raised to record levels of 400,000 annually for three years 2021 2023. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Grubel and Patrick Grady in 2015 published Immigration and The Welfare State Revisited: Fiscal Transfers to Immigrants in Canada; Grubel in 2020 published Can Canada Handle A Rational, Polite And Fact-Based Debate About Immigration?

The titles of the Bissett articles reveal their contents. The Grubel-Grady study uses government statistics to calculate that the relatively low earnings of recent immigrants living in a welfare state impose a large annual fiscal burden on Canada’s taxpayers. Grubel’s 2017 article explains the causes of this burden and the 2020 article discusses the effects mass immigration has on soaring housing costs and growing congestion of economic and social infrastructure.



[1] The Covid-19 epidemic has made the 2020 plan obsolete. Announcements about the effect of the epidemic on future targets are expected to be made soon.  

[2] Canada has a history of relieving such suffering. It accepted 37,000 Hungarians who had fled to Austria after the failure of the uprising of 1956-57; 12,000 Czechoslovaks in 1968 after revolution that year; 7,000 Ugandans in 1972 forced to leave Idi Amin’s terror; 7,000 Chileans in 1973 after the downfall of Salvador Allende’s government; over 100,000 Vietnamese refugees after the fall of Saigon in 1975; and 11,000 Lebanese during the civil wars in the late 1970s. This information was provided by James Bissett in an unpublished speech to the Library of Parliament. James Bissett is a former Canadian Ambassador and Executive Director of the Immigration Service 1985-1990.

[3] The government periodically provides a “Public Report on the Terrorism Threat to Canada.”

[4] James Bissett, a former Ambassador and Head of the Refugee Board in 2010 published an article The Rise of Treason and the Decline of Canadian-Based Terror Threats and in 2018 How Canada can actually fix the migration mess on its borders. The academic economist Herbert Grubel in 2017 published a study entitled Canadian Immigration Policies: Blueprint for Europe?;

[5] In a Leger poll in 2019 it was found that “Sixty-three per cent of respondents…said the government should prioritize limiting immigration levels because the country might be reaching a limit in its ability to integrate them.” However, most recent polls find that about one quarter of respondents believe that Canada accepts too many immigrants and about 50 percent believe that the number is about right. An example of such polls is found here.