Details
- Full Title
- An Act to amend the Immigration and Refugee Protection Act
- First Reading
- June 20, 2012, Parliament 41, Session 1
- Type
- House Government Bill
- Full Content
- https://www.parl.ca/legisinfo/en/bill/41-1/c-43
Summary
Bill C-43, also known as the Faster Removal of Foreign Criminals Act, makes changes to the Immigration and Refugee Protection Act. The bill aims to limit review options for certain foreign nationals and permanent residents who are considered inadmissible due to serious criminal activity. It also allows the government to deny temporary resident status to foreign nationals based on public policy reasons. At the same time, the bill allows certain foreign nationals, including family members, who might otherwise be inadmissible, to enter Canada.
Additionally, the bill introduces mandatory minimum rules for permanent residents or foreign nationals who are reported as inadmissible on security grounds. This applies to those who are facing a removal order based on security concerns, or who are named in a certificate referred to the Federal Court due to security reasons. These individuals may be subject to specific conditions.
The Act also allows the Minister to declare that certain security concerns do not automatically make someone inadmissible if it is in the national interest. The Minister can consider national security and public safety when making this decision.
Finally, the bill includes transitional provisions that address how the new rules will be applied to cases that were already in progress when the bill came into effect. It also includes coordinating amendments to align with other related bills, such as Bill C-31 and Bill C-38.
Issues
Social Justice
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Immigration and Integration
This bill changes some of the rules about who can come to and stay in Canada. It makes it easier to remove foreign criminals. It also lets the government stop people from coming to Canada if there are public safety concerns. At the same time, it allows the Minister to make exceptions for those who would otherwise be inadmissible if it is in the national interest.
The bill also adds new rules for people who are considered a security risk. If these people are not in jail, they may have to follow certain rules set by the government. These rules will stay in place until certain events happen, such as the person being detained, the security concerns being dropped, or the person being deported.
Security and Defense
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Crime
This bill, called the Faster Removal of Foreign Criminals Act, aims to make it easier to remove foreign nationals and permanent residents who have committed serious crimes. It limits the ways these individuals can challenge their removal from Canada. The bill defines serious criminality as a crime that was punished in Canada by a jail sentence of at least six months, or that is described in paragraph 36(1)(b) or (c) of the Immigration and Refugee Protection Act.