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Addressing critical immigration issues

CBA's Immigration Law Section calls for implementing measures for backlog reduction, reshaping pathways to permanent residence and ensuring responsible AI use.

Canada suitcase

The CBA's Immigration Law Section will present three resolutions at the upcoming Annual General Meeting on February 8. 

The first one, moved by Catherine Sas of Sas & Ing in Vancouver, addresses the staggering backlog of over two million immigration applications, as reported by the Auditor General. It argues for reducing the backlog by following transparency and public accountability measures at Immigration, Refugees, and Citizenship Canada (IRCC).

The proposed resolution notes that the increase in IRCC backlogs is partly due to the rise in Access to Information (ATIP) requests to seek reasons for immigration decisions and in judicial review applications to the Federal Court to obtain the reasons for an IRCC decision.

If adopted, the CBA would urge IRCC to disclose full reasons for immigration decisions and restore effective communication channels with immigration counsel.

Have your say on the discussion board.

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The second proposed resolution, moved by Kyle Hyndman at MKS Immigration Lawyers, Vancouver, urges the Minister of Immigration to conduct a complete review of programs leading to permanent residence.

It highlights the mismatch between the yearly target for new permanent residents and the number of individuals entering Canada with temporary status. It also emphasizes the vulnerability of racialized and vulnerable individuals within these programs. 

In addition to the complete program review, the proposed resolution calls for increased transparency, collaboration among federal, provincial and territorial governments, and rationalizing the number of temporary residents to synchronize with permanent residence targets.

Have your say on the discussion board.

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Finally, the third proposed resolution on the growing use of artificial intelligence in Canadian citizenship, immigration and refugee matters raises concerns about transparency, deepfake possibilities and bias. 

The resolution text also notes the international use of forecasting systems for interdicting, curtailing and preventing migration, despite calls for bans from organizations like Amnesty International. 

Moved by Mario Bellissimo of the Bellissimo Law Group in Toronto, the proposed resolution urges IRCC to adopt definitions and principles outlined in the Council of Europe Draft [Framework] Convention on AI. More specifically, it calls for the adoption and codification of rights related to equal treatment, data security, transparency, the right to notice, plain language and explicability, user control, training on diversity, inclusion and equity in AI deployment within the Immigration and Refugee Protection Act. It also calls for remedial alternatives for individuals impacted by AI-influenced determinations.

Have your say on the discussion board.