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| Maureen Silcoff |
Today, Canada’s refugee and humanitarian policies present two pressing issues. First, they must be fair and address the realities of the protection needs that each crisis presents. Second, they must not be dictated by Canada’s view of what appears to be popular or easy.
Canada recently announced measures for people fleeing Ukraine. Minister of Immigration, Refugees and Citizenship, Sean Fraser, indicated that Canada would take in an unlimited number of Ukrainians fleeing the Russian invasion. Over 7,000 people have arrived in Canada since January 2022. These measures ease visa requirements and allow people to remain in Canada for up to two years with a work or study permit. He further promised to introduce a pathway for family reunification.
But these announcements are only as good as their implementation. For people camped out in temporary shelters on the other side of the border, are these measures accessible? Why can’t biometrics and medical examinations be done in Canada?
And what about non-Ukrainians who are residing in Ukraine? They face the very same risks, yet are excluded from these programs. Some of them are awaiting refugee resettlement in Canada and as such are quite vulnerable, having fled their homes once. Some have been met with racism when trying to enter a neighbouring country. Do they not deserve Canada’s help?
And let’s not forget about many broken-hearted Afghans who remain in limbo, in dire circumstances. In August 2021, Canada promised to resettle 40,000 Afghan refugees, yet only 8,500 have arrived in Canada. The government has been called out for its unresponsiveness to applications that sit in a government inbox, and for a general lack of transparency in administering the program.
There are desperate people behind these statistics. Many Afghans who are awaiting processing under Canada’s special measures worked as interpreters or security guards with the Canadian government in Afghanistan. A significant number of people are at heightened risk from the Taliban due to their risk profile including women and LGBTQ individuals. Some have fled Afghanistan and are in need of refugee resettlement, living day to day unsure of what will become of them tomorrow.
Why can’t Afghans also come to Canada on special visas and be given two years to work or study here? Why can’t biometrics and medicals be done after people arrive in Canada?
When asked why swift measures were put in place for Ukrainians and not for Afghans, Fraser’s response on CBC’s Power and Politics was that he’s “trying something new.” Most Ukrainians want to go home if possible, and they are not being resettled in Canada as refugees, he explained.
But that doesn’t answer the question: why can’t Canada try something new for people from Afghanistan? Afghans who fear for their lives have not said “no thanks” to an offer to come here temporarily, at least as an initial fix. After all, it’s Canada’s policies themselves that streamed people into a refugee resettlement program. People just want safety and security.
Minister Fraser pointed to “logistical challenges on the ground” in Afghanistan as a reason for processing delays and that biometrics screening is difficult. The answer is simple: delay biometrics until after people arrive in Canada.
And when asked why Afghans can’t come quickly, Fraser mentioned that as resettled refugees, they need settlement services. What services do they require that Ukrainians who arrive here don’t need? Especially since he said that the program will allow people to apply for permanent residence.
The government is concerned about Afghans who pose security risks. But is that idea based on data or on fear? Having worked in this field for many years, a minuscule number of people who enter Canada pose any kind of actual security threat. Shouldn’t we be guided by fair, accessible policies, when every minute that passes means lives are at risk?
It’s all smoke and mirrors. Where there’s a will, there’s a way. Canada’s response to Ukraine proves that. We can be bold and creative in our refugee and humanitarian responses. And if we really want to, we can treat everyone the same.
Maureen Silcoff is a partner at Silcoff Shacter in Toronto and practises in the areas of refugee and immigration law. She was a member of the Immigration and Refugee Board for five years and is the past president of the Canadian Association of Refugee Lawyers.
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