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Chapter 5 - Canada’s Immigration Laws and Policies By: Jacklyn Kirk 1. What is immigration? -Immigration is the introduction of new people into a habitat or population. 2. What are refugees? -Refugees are people who leave their country because of wars , natural disasters(earth quakes ,lightning storms),famines they may be forced to other country or they may leave on their own in fear. 3. Early history of Canadian immigration -1850: Chinese settlers migrated to Canada around the1850s. Following the Fraser Valley Gold Rush, they came to the country. These Chinese settlers helped to complete the Canadian Pacific Railway, accepting very low wages. Upon completion of the work, the workers were no longer required. -1885: In attempt to restrict immigration, the Canadian Federal Government passed the Chinese Immigration Act in 1885, by imposing a head tax of $50. -1903: Later in 1903, the head tax was increased to $500. -1920: Jews faced tighter restrictions when they tried to enter Canada in the 1920s. -1923: In 1923, a Chinese Exclusion Act was passed by the parliament. The Act helped to stop Chinese immigration to Canada. -1938,1945: The beginning of the Second World War introduced a period of severe immigration restriction. Most of the immigrants from 1938 to 1945 were British or American. People who attempted to enter Canada at that time were refugees, and a few were wives and children of Canadian people. -1940: During the Battle of Britain in the 1940s, Luftwaffe - the German air force started bombing British cities, including London. This bombing campaign was one of the major causes of British immigration to Canada. -1947: The Chinese Exclusion Act remained in effect up to 1947. After 1947, serious changes in immigration law occurred. -1976: The Immigration Act of 1976 is a notable one. As per this act, immigrants were classified into four categories - independent immigrants, family, assisted relatives and refugees. -2001: At present, Canada has a very liberal immigration policy. As per the 2001 census, the country has 34 ethnic groups. Out of the total population, 13.4% belonged to visible minorities, including Chinese, Black, Filipino and South Asian. -2001,2006: Between 2001 and 2006, Canada experienced a dramatic increase in the population rate. The population grew by around 2.4 million, mainly because of incoming residents. -2002: Later in 2002, this was replaced by the Immigration and Refugee Protection Act.


4. What Criteria does Canada use when accepting immigrants and refugees into Canada? -Canadian Immigration Selection Criteria, Canada's skilled worker immigration program is based on an assessment of a candidate's score in each of six factors. These factors are:

Factor

Maximum Score

Age Education Language Proficiency Work Experience Arranged Employment Adaptability

10 points 25 points 24 points 21 points 10 points 10 points

Total: 100 points Applicants scoring 67 points or more on these factors are eligible to obtain Canadian permanent resident status in Canada's Skilled Worker program. 5. What is the Immigration and Refugee Protection Act? (Highlight objectives of the Immigration and Refugee Protection Act, 2002) -An Act respecting immigration to Canada and the granting of refugee protection to persons who are displaced, persecuted or in danger. 6. How does Immigration aim to meet Canada’s workforce needs? -Immigration has a large effect on what Canada is today and has been a sustaining feature of Canada’s history. Waves of immigration have built and transformed the population while making significant contributions to the development of our economy, our society and our culture. Immigration will continue to play a key role in building the Canada of tomorrow and in supporting our economic growth. Like many other industrialized countries, Canada is facing big demographic changes. According to Statistics Canada, sometime between 2025 and 2030, the number of births to Canadian parents will equal the number of deaths. If Canada’s population is to continue to grow, immigration will be the source of this growth, unless birth and death rates change. These demographic factors are also slowing Canada’s labour force growth. Labour force growth is key to ensuring economic growth. Sometime between 2011 and 2016, the number of Canadians entering the labour force will equal the number of people retiring. Without immigration, Canada’s labour force will decrease. 7. BONUS - what is a Law versus a Policy? - Law: Describes principles or conditions that must be followed. Law is a system of rules, usually enforced through a set of institutions. It shapes politics,


economics and society in numerous ways and serves as the foremost social mediator in relations between people. Writing in 350 BC, the Greek philosopher Aristotle declared, "The rule of law is better than the rule of any individual.� - Policy: Describes objectives of the government, within the law. A policy is typically described as a deliberate plan of action to guide decisions and achieve rational outcome(s). However, the term may also be used to denote what is actually done, even though it is unplanned. 8. Factors of how Canada accepts immigrants? All factors for Canadians accepting immigrants include these processes: - Application before entering Canada (A foreign national must, before entering Canada, apply to an officer for a visa or for any other document required by the regulations). - Regulations (The regulations may provide for any matter relating to the application of this Division, and may define, for the purposes of this Act, the terms used in this Division). 9. Political, health, economic and security. What is the point system for accepting immigrants? 1. To permit Canada to pursue the maximum social, cultural and economic benefits of immigration; 2. To enrich and strengthen the social and cultural fabric of Canadian society, while respecting the federal, bilingual and multicultural character of Canada; 3. To support and assist the development of minority official languages communities in Canada; 4. To support the development of a strong and prosperous Canadian economy, in which the benefits of immigration are shared across all regions of Canada; 5. To see that families are reunited in Canada; 6. To promote the successful integration of permanent residents into Canada, while recognizing that integration involves mutual obligations for new immigrants and Canadian society; 7. To support, by means of consistent standards and prompt processing, the attainment of immigration goals established by the Government of Canada in consultation with the provinces; 8. To facilitate the entry of visitors, students and temporary workers for purposes such as trade, commerce, tourism, international understanding and cultural, educational and scientific activities; 9. To protect the health and safety of Canadians and to maintain the security of Canadian society; 10. To promote international justice and security by fostering respect for human rights and by denying access to Canadian territory to persons who are criminals


or security risks; and 11. To work in cooperation with the provinces to secure better recognition of the foreign credentials of permanent residents and their more rapid integration into society. 10. How Canada’s immigration Laws are different today than in the past? What is Canada’s policy towards refugees? What is the Singh Decision? And what were the results? How Canada’s immigration Laws are different today than in the past? ● No one today is excluded from Canada because of their race or country of origin. The point system, for example, evaluates people based on their skills and education. ● In the past, Canada favoured immigrants of British ancestry and restricted immigration from Asian countries, such as China and India. What is Canada’s policy towards refugees? Refugees are one of the categories of immigrants established under the Immigration and Refugee Protection Act. Here is some background on how Canada’s position on refugees evolved: ● Canada signed the U.N. Convention Relating to the Status of Refugees in 1951. ● During the 1950s and 1960s, Canada offered to shelter refugees in response to specific world crisIs. ● In 1976, Canada made refugees one of its immigration categories. The change meant that Canada accepted refugees steadily, instead of crisis by crisis. What is the Singh decision and what were the results? - In Canada, April 4 is known as Refugee Rights Day, following a 1985 Supreme Court decision known as the Singh decision. The Result ● People claiming refugee status in Canada have the right to a hearing, which they attend in person. ● Canada established the Immigration and Refugee Board to provide quick and fair hearings. ● Canada’s government provides people seeking refugee status with the necessities of life while they wait for a hearing. 11. How do Provinces, Cities and Regions affect and influence immigration? Provinces control some aspects of immigration, in an attempt to make sure immigration fits and meets their needs. Provincial Nomination Program


Under the Provincial Nomination Program, provinces can “nominate” a percentage of the immigrants Canada selects each year. This means, for example, that Alberta can specify that it needs immigrants with particular skills. ● The program also allows some provinces to set up their own immigration offices in foreign countries. ● Governments in Canada can’t require immigrants to settle in particular places or work in particular jobs. The Provincial Nomination Program increases the likelihood that immigrants will settle in the provinces whose labour needs match their skills. 12. Where most of Canada’s modern Immigrants are settling? Most of Canada’s modern Immigrants are settling in/around Toronto. Toronto: Population and Area Census Year

Population

Area (km2)

1981

2 998 947

3742.94

1986

3 427 165

5613.71

1991

3 893 046

5583.51

1996

4 263 757

5867.73

2001

4 682 897

5902.74

2006

5 113 149

5903.63

13. What is the Canada-Quebec Accord? Canada-Québec Accord ● ●

The Canada-Québec Accord is a specific agreement with Québec. Under the accord, Québec can nominate the percentage of immigrants to Canada that corresponds to its population within Canada. ● The accord also allows Québec to require immigrants who settle in Québec to send their children to French-language schools. ● Under the Canada-Québec Accord, Québec seeks immigrants whose first language is French. Every year, about 75 percent of French-speaking immigrants to Canada settle in Québec. Overall, more non-Francophone immigrants settle in Québec than Francophone immigrants.


Immigration