6 The Independent . the Diaspora ’ s Multicultural Voice February 28 2017
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Gov ’ t reluctant to deal with border crossers
OTTAWA — Provisions enacted by the previous Conservative government to handle illegal bordercrossers are gathering dust as pressure persists on the Liberals for a response to waves of new asylum seekers .
But even as the Conservatives , now in Opposition , insist the government do something to deal with an influx of people improperly crossing into Canada to seek asylum , they ' ve stopped short of calling for their own particular law to be the one enforced .
And in doing so , they ' ve markedly shifted their tone from the days many Conservatives rushed to paint all illegal border-crossers as bogus asylum claimants eager to take advantage of Canadians .
" I ' m very touched by what I ' m looking at ," said Quebec Conservative MP Gerard Deltell of the images of people coming across the border in the freezing cold , being assisted by the Mounties .
" But we also have to send a clear signal all around the world , for all of those who wish , would dream to come here in Canada and to live in Canada , that we must respect the procedure and we must respect the law ."
The government is respecting the law , both the Liberals and immigration experts say — the one that gives anyone in Canada the right to make a claim for asylum , a right upheld repeatedly by the courts .
Except you have to get here first , and that ' s become the political sticking point .
What appears to be a sudden influx of people illegally crossing into Canada — as many as 22 on a single night last week — is being pinned on the Safe Third Country Agreement with the U . S ., which stipulates that those who cross into Canada from the U . S . at an official border point won ' t be allowed to make an asylum claim because they should have lodged one in the U . S .
In the aftermath of U . S . President Donald Trump ' s executive order pausing immigration from certain countries and refugee resettlement generally , there were immediate calls for Canada to suspend the deal on the grounds the U . S . was clearly no longer a safe place for asylum seekers .
The Liberals continue to say that ' s uneccessary
Immigrants fleeing the US cross the border in Manitoba on a freezing night
as the asylum system in the U . S . is still functioning . As well , they say , the number of illegal crossings at the border is not actually that high .
Yet , public pressure exists for action , ranging from help for the communities seeing the influx to new legislation or more officers to patrol the border .
" We monitor that constantly to make sure that ( we ' ve ) got the resources necessary to deal with situations as they evolve ," Public Safety Minister Ralph Goodale said Wednesday .
The pressure opens up political room to suspend the deal , said Sharry Aiken , a law professor specializing in immigration at Queen ' s University in
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Kingston , ON .
It wouldn ' t be seen a judgment of the U . S . but more of an attempt to restore order to Canada ' s refugee system and stop the haphazard and dangerous system of illegal migration , she said .
It ' s a potentially winning approach as well because the single other legislative tool currently available is potentially more politically unpalatable : the measures introduced by the Conservatives in 2012 to respond to asylum seekers arriving by boat off the coast of British Columbia .
The measures give the minister of public safety broad discretion to declare any group of two or more refugee seekers " designated foreign nationals " deemed part of an " irregular arrival ."
That in turn sets into motion mandatory detention for up to two weeks , and potentially for months after that . Then , even if the claims are validated , individuals are still restricted from things like sponsoring family members or getting Canadian travel documents for up to five years .
Aside from the arrival of the two ships , the measures have been used only one other time , to respond to waves of Romanians arriving illegally in Canada in 2012 .
While in theory the measures could be used now , they or any other new law won ' t make a difference , said Efrat Arbel , a law professor at the University of British Columbia who has researched Canada- U . S . border issues extensively .
" Enacting a new law or new measures is not going to address the fact we have partnered with a country we have deemed to be safe and is currently not safe for refugees ," she said .
" The only real viable option is suspending the agreement ."