Enforcement Aspects of Canadian Immigration Law: Protection of the basic. Human Rights of Undocumented Migrants
| Published date | 01 April 1983 |
| DOI | http://doi.org/10.1111/j.1468-2435.1983.tb00464.x |
| Author | David P. Hall |
| Date | 01 April 1983 |
Enforcement Aspects
of
Canadian
Immigration
Law:
Protection of the basic.
Human Rights of Undocumented Migrants
BY
DAVID
P.
HALL
The purpose of this paper is
to
give an overview of the mechanics and management of
the enforcement aspects of Canada’s immigration programme in the
1980’s.
More
specifically, the paper will describe how persons who are found to be inadmissible or
removable from Canada are dealt with under the provisions of the Immigration Act,
1976
and what rights have been accorded them in recognition of Canada’s commit-
ment
to
honouring principles of natural justice and fairness.
Canada, like other sovereign states, takes the position that it alone is the final
arbiter
on
questions of admission to our territory. This is exercised within the context
of law and due process in order
to
prevent unequal and unfair treatment of those
persons who seek to enter or remain in Canada. However, we do not accept the
position advocated by some that the prejudice suffered by illegals be cured by
‘.
. .
granting legal residency status
to
all persons once they have successfully entered the
country, even if illegally.*’ From our perspective, such a proposal is fundamentally
unfair
to
those who obey our laws and
it
rewards the lawbreaker by allowing him to
retain that which he obtained illegally. At the same time, however, Canada is at the
forefront of those countries protecting the rights of those individuals who come in
conflict with immigration legislation.
Control at ports of entry, by means of an examination to determine admissibility,
and,
inland control, by means of standard investigations, are the two basic methods of
controlling the problem of illegal migration, apart from the overseas visa requirements
enforced. With regard
to
the latter, the Act stipulates that every immigrant and visitor
must have a visa
to
enter Canada; unless exempted by Regulations. The Regulations
list those countries whose citizens are exempt from the visitor visa requirement. The
examination abroad of visitor applicants by diplomatic or consular officers of Canada
ranges from the very informal depending upon the applicant’s purpose in visiting
Canada as well as the officer’s knowledge of
push
factors in the country of origin.
This visa requirement is a means of enabling Canadian officials to assess the admis-
sibility and intent of prospective visitors before they reach Canada
and
it
serves to be
less costly both to the person concerned and the Commission when considering travel
and removal costs.
*
Global
Trends in Immigration,
p
XXI,
Kritz, Keely, Tomasi, Eds.
N.Y.
1981
305
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