Canada's new asylum law, Bill C-12, is facing a wave of constitutional challenges from immigration lawyers across the country. The law, which came into effect on March 26, imposes strict time limits on refugee claims, potentially leaving thousands in legal limbo. The Canadian Association of Refugee Lawyers and the Canadian Immigration Lawyers Association are leading the charge, arguing that the law violates fundamental rights and discriminates against vulnerable migrants.
One of the most concerning aspects of Bill C-12 is its lack of exceptions for vulnerable populations, including victims of domestic violence, 2SLGBTQ+ individuals, and those whose circumstances have changed since arriving in Canada. Lawyers warn that this could have devastating consequences, as these groups are already disproportionately affected by the law. For instance, the pre-removal risk assessment process, which is now the primary avenue for refugee claims, offers fewer procedural protections and lacks the detailed guidelines and training of the Immigration and Refugee Board (IRB).
The law's retroactive nature, applying to claims made as far back as June 24, 2020, is also a major point of contention. It bars people from making refugee claims if more than a year has passed since their first entry into Canada, and removes the option of making a claim for those who crossed the border irregularly after June 3, 2025. This has led to a surge in legal challenges, with as many as 28,000 refugee claims potentially being reviewed under the new law.
Maureen Silcoff, a Toronto immigration lawyer, warns that the system will become tangled in litigation, rather than being more expeditious. This is supported by the experiences of refugee lawyers and advocates, who are being inundated by fearful clients. Nadine Edirmanasinghe, a refugee lawyer in Ottawa, notes the confusion and frustration among her clients, many of whom are students abandoning their studies and experiencing mental health crises.
The law's impact on vulnerable migrants is particularly concerning. Thiago Buchert, a Halifax-based refugee lawyer, calls the law 'one of the harshest in refugee law' due to its lack of exceptions. Immigration experts highlight the disproportionate effect on groups entitled to protection from discrimination under Section 15 of the Charter of Rights and Freedoms. Jared Will, a Toronto immigration lawyer, argues that the equality arguments of the challenges are strong, as there appears to be no justification for the adverse effects on these groups.
The federal government, however, maintains that the pre-removal process remains fair and legally sound, assessing each person's circumstances to ensure they are not removed to a country where they would face serious harm. But the reality on the ground tells a different story. Refugee lawyers express concern that deportations may increase further if the law is upheld, and that vulnerable migrants will be left in legal limbo, unable to reunite with their families or access essential services.
As the legal battles over Bill C-12 continue, the future of refugee claims in Canada hangs in the balance. The law's potential to roll back refugee rights and cause undue hardship has sparked a wave of opposition, with lawyers and advocates warning of the long-term consequences for vulnerable populations. The outcome of these challenges will have significant implications for Canada's immigration system and its commitment to protecting the rights of those seeking asylum.
