Showing posts with label Diane Finley. Show all posts
Showing posts with label Diane Finley. Show all posts

July 06, 2008

Let those deserters into Canada !! (I'll say)

http://www.cbc.ca/canada/story/2008/07/04/refugee-ruling.html

CBC News : Friday, July 4, 2008 | 7:18 PM ET

An American war deserter could have a valid claim for refugee status
in Canada, the Federal Court ruled on Friday.

In a decision that may have an impact on dozens of refugee claimants in
Canada, Federal Court Justice Robert Barnes said Canada's refugee board
erred by rejecting the asylum bid of Joshua Key. He ordered that a new
panel reconsider the application.

Key was sent to Iraq in 2003 as a combat engineer for eight months
where he said he was responsible for nighttime raids on private Iraqi
homes, which included searching for weapons.

He alleged that during his time in Iraq he witnessed several cases of
abuse, humiliation, and looting by the U.S. army.

When Key was back in the U.S on a two-week leave, he said he was
suffering from debilitating nightmares and that he couldn't return. A
military lawyer told him that he could either return to Iraq or face
prison.

Instead, Key took his family to Canada and applied for refugee status.

While the immigration board concluded that some of the alleged conduct by
the U.S military included a "disturbing level of brutality," it said
the conduct did not meet the definition of a war crime or a crime against
humanity.

Barnes said the board erred "by concluding that refugee protection for
military deserters and evaders is only available where the conduct
objected to amounts to a war crime, a crime against peace or a crime
against humanity."

Citing a case from the U.S. Federal Court of Appeal, Barnes said
officially condoned military misconduct could still support a refugee
claim, even if it falls short of a war crime.

"The authorities indicate that military action which systematically
degrades, abuses or humiliates either combatants or non-combatants is
capable of supporting a refugee claim where that is the proven reason for
refusing to serve," Barnes wrote.

Barnes said the board imposed a legal standard that was "too
restrictive" on Key, who lives in Saskatchewan.

Key's lawyer, Jeffry House, said the ruling expands a soldier's right to
refuse military service.

"It's a huge victory for numerous soldiers who are here and maybe
others who are thinking of coming here," House said.

A spokeswoman for Immigration Minister Diane Finley said they were
reviewing the court decision.

May 17, 2008

ACTIVISM: More on bill C-50 and the Canadian Conservative Party undoing Canada

EMERGENCY PROTEST!
All out to protest Immigration and Citizenship Minister Diane Finley!

------------------------------

--------------------
TUESDAY MAY 20
SURREY: 9:15 am @ Sheraton Guildford (15269 - 104 Avenue, Surrey)

>From Vancouver: Gather at 8:15 am in South East corner of Safeway Parking
Lot, Corner Commercial Drive and Broadway
Transport to Surrey provided- if you have access to a vehicle please email
harjap@resist.ca or call 778 552 2099
--------------------------------------------------

As part of the Conservative government's frantic efforts to appease
immigrant communities about Bill C50 and to attempt a positive media spin
on the fundamentally unjust and racist Bill C50, Diane Finlay will in
Surrey on Tues May 20th.

Finlay has most recently launched a multimillion dollar advertisement
campaign. The ads- which contain few details about the actual bill- are
running in ‘ethnic’ media only and are the first time that CIC has ever
launched an ad campaign to promote legislation that Parliament has not yet
even passed yet.

At the same time, the Conservative government has hypocritically and
opportunistically made announcements to acknowledge the Komagata Maru,
survivors of residential schools, and allocated grant money to commemorate
the Ukranian-Canadian internment and the Chinese Head Tax.

It is absolutely crucial that we let Diane Finlay know what we think about
Bill C50 and that no matter how hard they try to repackage or sell these
amendments, we are not buying into them! No One Is Illegal!


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COMMUNITY RALLY TO SCRAP RACIST BILL C 50 !
refuse to be invisible! join the fight against racist immigration laws

+++++++++++++++++++++++++++++++++++++
SUNDAY JUNE 1 AT 2 PM
RALLY AT SURREY IMMIGRATION OFFICES

Located in Centralcity Shopping Centre (north entrance by SFU Surrey
Tower) Address: 13450 102nd Avenue Surrey (between 134th and 135th Street)
1 short block from Surrey Central Skytrain Station!
Information email noii-van@resist.ca or call 778 885 0040
+++++++++++++++++++++++++++++++++++++


Recently the Conservative government introduced a series of amendments to
the Immigration and Refugee Protection Act buried in Bill c-50, the budget
bill. This undemocratic move sneaks in critical changes to immigration
policy without proposing any of those changes before Parliament.

Under the proposed changes, even if someone meets the necessary- already
stringent- criteria for a visa (such as permanent resident, visitor etc),
the Minister can reject the application without any Court review. The
Minister will also have the power to issue quotas and restrictions on the
category (including Family Class and Economic Class immigrants) and
country of origin of people. Humanitarian and Compassionate applications
no longer have to be examined if the applicant is outside Canada. Finally,
the Minister will have the power to decide the order in which applications
are processed, regardless of when they are filed.

These sweeping changes will give enormous and arbitrary powers to the
Minister around application processing, while perpetuating a racist and
anti-poor agenda of setting immigration agendas based on ‘labour market
needs’. The government is stating that these measures are a solution to
the growing backlog by essentially giving the Minister and her department
the power to kick people off the backlog/waiting list.

The major lobby for Bill C50 comes from employer organizations and
business lobbies who want immigration policy to meet labour market needs,
meaning immigrants are disposable other than their value as cheap labour.
These proposed legislative changes come in the context of a global
capitalist and nationalist reinforcement of labour flexibility as the
guiding principle of immigration policy, where migrants are only as
valuable as their labour. In conjunction with the Security and Prosperity
Partnership Agreement, it is clear that the priorities will be
relativelyvwealthy people applying under the skilled worker program and
investor classes, as well as increasingly vulnerable temporary migrant
workers.

The Conservative government says they are “welcoming record numbers of
newcomers”, however the reality is that the percentage of permanent
residents is decreasing while there is an increase of vulnerable temporary
migrant workers without basic rights. Such ‘categories’ of workers will be
favoured for “priority processing” at the grave expense of family class,
refugees, and other ‘undesirables’. This commodification is taking place
in an increasingly racist and hostile climate to immigrants, who are
perceived as security threats, backwards, too accommodated etc.

In respose to an overwhelming negative reaction to these amendements, the
Immigration Minister has recently been forced to attempt to spin these
regressive changes, including launching a intense advertising campaign
only in ethnic media to help get the bill through second reading within
the next few weeks!

Join us in an action to call for the scrapping of Bill C-50! Demand
justice and dignity for migrants- No One Is Illegal!


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REPORTBACK: ACTION TO OPPOSE BILL C 50

* Pictures at: http://noii-van.resist.ca/?p=731

Approximately 40-50 people gathered in response to an emergency call to
protest Bill C50. Despite pouring rain, the spirit of the march was
lively, and the group blocked traffic on some of the busiest streets
downtown during rush hour. Thousands of leaflets were distributed about
the racist Bill C50 and two Citizenship and Immigration offices were
stickered with messages opposed to Bill C50.

Last week, MP Offices in Vancouver were targeted with “Scrap Bill
C50″ Message:
http://ottawa.indymedia.ca/en/2008/05/7577.shtml

The action was organized by No One is Illegal-Vancouver and endorsed by
Canadian Arab Federation, Vancouver Catholic Worker, Canadian Muslim
Union, Siraat Collective, Salaam Vancouver, Coalition of South Asian Women
Against Violence, SFU Interfaith Summer Institute for Justice, Peace and
Social Movements, Al-Awda Vancouver, Neworld Theatre, Indigenous Action
Movement, Battered Women Support Services, Association of Chinese
Canadians for Equality and Solidarity Society, Bolivia Solidarity
Committee, Industrial Workers of the World, Justice for Migrant Workers,
Christian Radicals, La Surda Latin American Collective, Filipino Nurses
Support Group, Philippine Women Centre of B.C, SIKLAB-B.C,
Filipino-Canadian Youth Alliance-B.C, Grassroots Women, South Asian
Network for Secularism and Democracy.

===> MAINSTREAM COVERAGE <===

Advocates protest changes to immigration policy
By Kate Webb The Province Tuesday, May 13, 2008

Advocates for immigrants and migrant workers will rally at 4:45 p.m.
Tuesday to demand the scrapping of a federal bill overhauling Canada’s
immigration application process.

Under the new legislation, the immigration minister would have the
authority to limit the number of immigration applications Canada accepts,
deny admission to applicants already approved by immigration officers and
block the entry of would-be immigrants “by category or otherwise.”

Citizenship and Immigration Canada would no longer be required to process
all new skilled-worker applications, and would be free to select
applications for processing based on the skills of the applicant.

The government says the measures have been designed to clear out some of
the backlog of 900,000 unprocessed immigration applications.

Vancouver community group No One Is Illegal called the proposed changes
“anti-democratic” and “anti-immigrant,” believing the government wants the
power to select immigrants on the basis of wealth and willingness to do
“temporary . . . exploitative jobs.”

Members of No One Is Illegal, Justice for Migrant Workers and the Chinese
Canadian National Council were to participate in the rally.

March 25, 2008

Immigration changes unfair, critics charge - Canada

Proposals embedded in budget bill would give minister power to deny or speed applications

Mar 24, 2008 04:30 AM

Immigration/Diversity Reporter

Proposed changes to the Immigration Act may allow the overhaul of Canada's immigration system, but critics fear they could also allow Immigration Minister Diane Finley to ram through changes without parliamentary – and public – oversight.

Legal experts and immigrant advocates made their reservations known after the Conservative government announced plans to change the six-year-old Immigration and Refugee Protection Act by asking Parliament to relinquish its decision-making power on immigration policies to a single person – the minister.

Since Bill 50 was introduced this month, Finley has been touting it as a way to reduce the 800,000-case backlog and cut long waiting times for immigration applications.

But critics, while commending the government's political will to tackle the decade-old backlog, said they were caught off guard by the secrecy surrounding the new provisions.

The bill would allow the minister to discard applications from specific countries, reject applicants who otherwise meet all immigration criteria, and accelerate some applications, allowing queue-jumping.

Worst, applicants couldn't appeal.

Lawyer Lorne Waldman said the approach goes against the points system that was introduced in the late 1960s to make the system non-racist and accountable.

"This new change will undo all of this by allowing the minister to override the established criteria by directing that whole categories be not processed and by giving the minister the power to direct that applications be processed despite them not meeting the objective criteria," Waldman warned.

The bill could also terminate the processing of humanitarian applications from overseas and limit the number and type of applications each person could file.

All these scenarios could happen via "minister's instructions" that circumvent the traditional process of public consultations, parliamentary committee reviews and oversight, critics charge.

"Nothing could be further from the truth," Finley said yesterday on CTV's Question Period. "We have to make it easier to get more people here faster. We have a backlog right now that the previous government ballooned from 50,000 to 800,000. It has since grown to 900,000."

Finley said the changes will help fill jobs that go empty while qualified people wait, as well as provide the option of faster processing for applicants from troubled areas.

The amendment is contained within the 2008 budget implementation bill, which means it would take a confidence vote to defeat the new provisions. That fact alone is alarming, said prominent immigration lawyer Gordon Maynard.

"It doesn't allow proper debate of the content. The opposition parties have to accept it or face an election. It just isn't fair," he said.

"It's a worry. It's a concern because these changes aren't made without reasons. Someone would have thought it out. What targets do they have in mind? They are not seen in the legislation."

The current law obliges the immigration department to consider, process and decide all applications to ensure every foreigner who meets the requirements is entitled to enter Canada. The new provisions give the minister the right to discard applications or retain them permanently – allowing the department to chop the backlog with no legal consequences.

The legal and advocacy community is campaigning against the changes and NDP immigration critic Olivia Chow (Trinity-Spadina) has vowed to introduce a motion to delete the amendment when Parliament resumes this month.

But Gerri MacDonald, president of the Refugee Lawyers' Association of Ontario, isn't hopeful.

"The Conservative government put in all these unwanted provisions in a budget bill knowing that the opposition doesn't want to force an election," she noted.

"It is disturbing."

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