The new federal immigration law, the Immigration and Refugee Protection Act (Bill C-11), has passed all parliamentary procedures and will come into effect in June of 2002. The name of this legislation is reminiscent of the Ontario government's euphemistically termed Tenant Protection Act that gutted tenants' rights in the province.

According to the Act, every decision on immigration will be based on the "economic benefit" to Canada, on the effect that the immigrant will have on the development of a "prosperous Canadian economy" and on the "health and safety" and "security" of Canada. Though the Act contains some humanitarian objectives, they are outweighed by the economic objectives of the new regulations.

The new immigration Act contains an unfair provision that allows for the creation of regulations for its implementation that will never be subject to public scrutiny or debate. Even though these regulations embody most of the substantial changes to the immigration law they will only require the approval of the cabinet to be passed.

Contrary to the claims of the Minister of Citizenship and Immigration that the new regulations will be transparent and easier to understand, the proposed regulations are organized into complex divisions and structures that make them very difficult to follow.

A summary of some of the changes in the regulations will shed some light on the impact that they may have on the lives of immigrants and refugees or those who want to apply to enter Canada.

Protection from persecution will not necessarily be sufficient reason to be allowed to settle in Canada as part of the refugee resettlement program. Unless refugees are determined to be in "urgent need of protection" or to be "vulnerable," they will have to show that they can "successfully establish" themselves in Canada. Successful establishment will be based on economic ability. This leaves the people who are the most vulnerable and disadvantaged and who lack educational and economic opportunities with little protection. In addition to breaching the definition of "refugee," as established by the Geneva Convention, this law blatantly discriminates against the poor, women and children.

Sponsors will now have to provide settlement plans for each refugee they sponsor for up to three years. Groups who have ever defaulted on a sponsorship will be barred from sponsoring anyone else. Since there is no process established for determining whether default has occurred, groups accused of defaulting will not have the chance to defend themselves and to have the decision repealed.

The proposed regulations will ensure that more refugees will stay in immigration limbo. Though they have been recognized as needing Canada's protection, they suffer long delays in getting their permanent resident status because they cannot meet new requirements for documentation. If, for instance, they cannot provide identification from their country of origin or if they are waiting for CSIS and Citizenship Immigration Canada to finalize their security checks, refugees will not be able to become landed immigrants. This will be the source of much suffering for many refugee families.

This requirement for documentation is unnecessary because the Immigration and Refugee Board process, through which these recognized refugees have already passed, entails a rigorous investigation into the claimant's identity. It is simply irrational to require valid passports or birth certificates from some refugees as it would force people fleeing persecution to return to their countries of origin to ask for documents. As well, some refugees who are members of minority groups are stateless and will not have documentation even from the countries where they have lived all their lives.

The new law also discriminates against refugees who are classified as "medically inadmissible". Supposedly, such refugees would create an "excessive demand" on the healthcare system in this country and are therefore classified as "undesired people". However, they will be allowed to stay in Canada as refugees, and so will be bared from getting health coverage. This, of course, is in line with the objectives of the new Act, which is geared to ensure the "health and safety" of Canada. How can such blatant discrimination against the most vulnerable immigrants have anything to do with the protection of human rights?

Permanent residents will have to carry cards identifying their immigration status. These cards will have to be renewed every five years. Permanent residents will be subjected to extensive and intrusive questioning by the government. They will have to provide detailed information accounting for their activities for the previous five years, including a list of their past employers and schools. Although the purpose of this intrusion has not been publicly stated, it is clear that the implications could be very serious for immigrants and refugees in Canada.

The new immigration law broadens the discretion afforded to immigration bureaucrats to label almost anyone a "terrorist" with little or no accountability or rights to appeal. The law also extends the powers of immigration officials to detain refugees and immigrants. It denies people who have made a previous refugee claim the option of ever making a second one. It also increases penalties for people who assist those attempting to escape persecution even if they are motivated by humanitarian concerns.

Policy changes around the independent class of immigrants, including the largest group of immigrants to Canada, the skilled workers, have elicited the most discussion. These changes reveal the sinister and profit-driven nature of the Canadian immigration policy. Skilled immigrants are subject to the needs and dictates of the Canadian labour market whose admission is based on a point system. Points are credited for factors such as age, education, language skills in English and French, work experience and occupation. The number of points needed to meet the requirement of this category has been raised from 70 to 80 out of 100 points. This will mean that only elite, professional workers with university education will qualify to be admitted under this category.

Though the new Immigration Minister has backed down on some of the proposed changes in this area, it is important to note that his pledge has not been motivated by humanitarian or ethical concerns. It is pressure from the Canadian capitalist class demanding access to certain types of workers, which is prompting the Immigration Minister to reconsider.

Xolam Hidayet is a member of the Coalition for a Just Immigration Policy.