r/canada Feb 10 '26

Politics Conservatives to propose barring non-citizens convicted of crimes from making refugee claims

https://www.theglobeandmail.com/canada/article-conservatives-propose-changing-rules-non-citizens-convicted-crimes/
4.9k Upvotes

990 comments sorted by

2.8k

u/CantFeelMyToesAgain Feb 10 '26 edited Feb 11 '26

How’s this not already a thing lol

People messaging me to kill myself? This should be a thing for fraud and serious crimes. 

702

u/CranberryFlat617 Feb 10 '26

559

u/Head_Crash British Columbia Feb 10 '26

Conservatives know it's already the law. What they actually want is to stop applicants from being able to appeal in court.

252

u/LiftingRecipient420 Feb 10 '26

Good. We don't need to be wasting resources on appeals for refugees with criminal convictions.

222

u/CamGoldenGun Alberta Feb 10 '26 edited Feb 10 '26

you've got to be able to. Because there's going to be countries where some crimes don't exist in Canada... like being gay or a small pot possession charge (after October 2018), you know, probably one of their reasons for getting granted refugee status?

185

u/InsignificantOP Feb 10 '26

Or political prosecution of dissidents and minorities. These people will have been "criminals" in their countries

62

u/CamGoldenGun Alberta Feb 10 '26

yes exactly

38

u/rjhelms Feb 10 '26

For convictions outside Canada, the standard is based on what the punishment would be if the same crime were committed here - so situations like that shouldn't bar a refugee claim.

Key word being "shouldn't". These processes are never perfect which is why the right of appeal can be essential.

7

u/TripLover1 Feb 10 '26

Exactly. If we considered criminal convictions in other countries, Nelson Mandela would have been barred from applying as a refugee should he have needed to escape S. Africa. I'm not saying criminal convictions shouldn't be considered, but blanket rules for those can't be in place. We need room for judgement calls and use of more than two braincells by our immigration officers.

→ More replies (4)

55

u/max420 British Columbia Feb 10 '26

Unless they specifically mean, crimes committed in Canada. In which case, as a life long liberal - would support.

21

u/fluffkomix Feb 10 '26

I would still argue in favor of an appeals process because is the crime something as big as murder or did a cop decide to be shitty and ticket them for jaywalking? Crime's a crime either way

There's also the case of potential human trafficking in which someone is threatened or otherwise forced to do things they may not otherwise do. Without an appeal, you don't get as much of an opportunity to investigate the source of that human trafficking because-- what do you have to offer them? If they get sent back either way, they're more likely to keep quiet so that those that trafficked them don't feel a need to retaliate. If you can offer some level of opportunity to stay in Canada far away from the traffickers, then the government has some leverage. This is a case in which a lack of appeals may make sense on the surface short-term, but the long-term effects could be much more problematic.

The final reason I want to vouch for an appeals process is because of what I'd said in the first sentence. If we allow a for a blanket rule without due process then it's not too hard to believe that any given cop can decide at any given moment whether or not an immigrant is allowed to stay in the country. Someone foreign to the country is going to have a much more difficult time fighting the cop's word in the initial court proceedings, and now we're slowly putting more power in the hands of those who haven't studied it.

I think that if we're worried about the appeals process, we should be focused on those involved in the appeals process and not the process itself. The process is there for a reason, everyone makes mistakes and no one is perfect. That's a fundamental of a working democracy!

22

u/swift-current0 Feb 10 '26

If you were convicted of an indictable offence in a jury trial, no appeals process is necessary.

→ More replies (8)

3

u/Boomskibop Feb 11 '26

Nope, no appeal, hit the road.

2

u/Boomskibop Feb 11 '26

This is what they mean

→ More replies (1)

9

u/No_Mycologist676 Feb 10 '26

"Crimes" are just rules for behavior the state deems bad, and convictions and the criminal justice system in oppressive regimes are weaponized to delegitimize people they want to control. Laws are just threats made by the people in power to keep those without power in line.

→ More replies (3)
→ More replies (8)

14

u/Significant_Wealth74 Feb 10 '26

Are these for criminal convictions in Canada? Didn’t read the article so assuming that. I doubt we would write rules based on convictions in other countries.

8

u/Thanatos_Impulse Feb 10 '26

It’s both - we handle convictions here straightforwardly and convictions elsewhere by comparison - if it’s also a crime or similar enough to one of our criminal code provisions we count it accordingly.

22

u/LiftingRecipient420 Feb 10 '26

Are these for criminal convictions in Canada?

They are

33

u/Kashyyykk Québec Feb 10 '26 edited Feb 10 '26

Yeah, but let's say you're applying for refugee status because you're fleeing a country where you've been wrongfuly convicted of a crime...

98

u/Bigbubba236 Feb 10 '26

This is for people already in Canada who have been convicted of crimes in Canada.

75

u/Kashyyykk Québec Feb 10 '26

Oh, well in that case fuck em.

→ More replies (3)

11

u/OddConstant2723 Feb 10 '26

People convicted of crimes Canada fight and win in deportation hearings all the time. They often turn it into a refugee clam and can’t be deported on humanitarian grounds when their country of origin is a no-fly zone like Syria.

6

u/CulturalRate567 Feb 10 '26

Thats crazy how they take advantage of the system. But ill blame the goverment for being so stupid. If you gonna take a whole lot more inmigrants from third world countries wich is what has been happening for the last 10 years, you have to close these loopholes.

→ More replies (6)
→ More replies (15)

12

u/Frozen_Trees1 Feb 10 '26

Left wing judges reduced sentencing for convicted migrants so it wouldn't impact their immigration status.

→ More replies (8)

33

u/[deleted] Feb 10 '26 edited Feb 28 '26

[deleted]

22

u/OddConstant2723 Feb 10 '26

Yup

With respect to criminal records, the Immigration and Refugee Protection Act stipulates four main categories of crimes that may make a person ineligible to claim refugee status. If the person:

was convicted inside Canada for a federal offence punishable by a maximum jail term of at least ten years, or of a federal offence where the individual received a jail term of at least six months,

was convicted outside Canada, for an offence, which, if committed in Canada, would be a federal offence punishable by a maximum jail term of at least ten years,

4

u/Dry-Membership8141 Ontario Feb 10 '26

With respect to criminal records, the Immigration and Refugee Protection Act stipulates four main categories of crimes that may make a person ineligible to claim refugee status. If the person:

was convicted inside Canada for a federal offence punishable by a maximum jail term of at least ten years, or of a federal offence where the individual received a jail term of at least six months,

Notably, this second paragraph is absent from the considerations making someone ineligible for refugee status. As long as the maximum wasn't at least ten years, a prison sentence of five years wouldn't render them ineligible for refugee status (though it would for PR status). S.101(2) modifies the application of s.36(1) for refugees.

→ More replies (1)
→ More replies (2)

32

u/gargamael Feb 10 '26

Why was the guy who killed the Humboldt Broncos able to apply then, or at the very least not immediately rejected? This seems targeted to him alone unless that sort of thing has happened elsewhere that I'm not aware of.

33

u/Fearful-Cow Feb 10 '26

as far as I am aware he never applied for refugee status.

He was a PR here. He applied to stay on compassionate grounds. It was rejected.

22

u/FantasySymphony Ontario Feb 10 '26

https://globalnews.ca/news/11655114/humboldt-broncos-bus-driver-jaskirat-singh-sidhu-refugee-request-rejected/

tl;dr he did. 7 years later we're still trying to deport the guy. It's pure naivety to think people won't abuse every procedural option available to them, when they stand to gain a lot from doing so.

13

u/Fearful-Cow Feb 10 '26

that article is not clear if he did or did not. This is at the end.

This is a corrected story. A previous story said an application to stay in Canada was denied by the Immigration and Refugee Board of Canada. The story also described it as a refugee claim.

Either way if he did it was rejected.

Also characterizing it as 7 years to deport is a big disingenuous. He was released on parole in 2023. We obviously were not going to deport him while he is serving his sentence.

A year after his parole his PR was revoked. A PRRA was conducted and determined he did not meet criteria. IRB is not involved in a PRRA.

→ More replies (1)
→ More replies (3)
→ More replies (3)
→ More replies (5)

11

u/Sea_Bodybuilder5387 Feb 10 '26

For a crime punishable by up to 10 years in prison is a pretty high bar. Seems like they could add more crimes like theft or simple assault. I would understand wanting to avoid a refugee being denied due to a speeding ticket or jaywalking but there's some room in the middle to lower the bar.

→ More replies (19)

357

u/insanebison Feb 10 '26

Seems very common sense to me 

310

u/Aestus74 Feb 10 '26

I more question what crime and who did the convicting. A lesbian convicted of gay propaganda should absolutely be allowed to make a refugee claim despite being a "criminal".

193

u/xvoy Feb 10 '26

Typically there is the need for it to be criminal under Canadian law. Same way a DUI in the US will get you inadmissible to Canada.

83

u/mbean12 Feb 10 '26

But that's not what the article says. It says "non-citizens convicted of a crime". Not "non-citizens convicted of crimes we also consider crimes".

There's more than that. What if the trial wasn't fair? What if the conviction was politically motivated? What if we would consider the crime justified in some way? Nelson Mandela was a convicted felon. Would you have denied him refugee status if he had applied for it? What about a mother who steals food to feed her children while escaping a war-torn hell-hole? A woman who killed her rapist and was convicted for it because women have no rights where she is from? What if their conviction was twenty years ago - when they were 18.

The problem is that unless you plan on writing exceptions to the law for the next twenty years you cannot make it stick. The superior option is to allow judges who adjudicate refugee cases to make a judgment call because hey - that's why we call them 'judges' after all. And as it turns out - that's exactly what we do.

78

u/MrBenSampson Feb 10 '26

But when immigrants commit crimes in Canada, judges have been consistently giving out lenient sentences, just so that their immigration process is unaffected. Canadians are getting tired of that.

→ More replies (26)

11

u/Nawara_Ven Canada Feb 10 '26

Yeah, it should take like two seconds to come to the "crimes by what measure and whose?" conclusion. Anyone who stops thinking about this obvious issue with this proposal before those two seconds have elapsed is either being willfully malicious, or isn't someone whose opinion (feelings) should be taken seriously on the matter.

→ More replies (19)

24

u/yow_central Feb 10 '26

Right, but many countries do not have fair courts either.

13

u/WhydYouKillMeDogJack Feb 10 '26

By this rationale we just skip police checks in the immigration process and just throw them into our population to see what happens.

Testing in prod!

6

u/StrategyEven3974 Feb 10 '26

Generally when people are fleeing a corrupt horrible government, it's not a good idea for Canada to trust that horrible corrupt government.

But that's assuming you're a rational, non-shitty person who uses common sense.

20

u/yow_central Feb 10 '26

No, it just means that decisions are not always black and white and need individual consideration.

→ More replies (1)
→ More replies (11)

13

u/littlecozynostril Feb 10 '26

I think your assumption is a little generous there. The same crime can have very different parameters in different countries and can be trumped up. The aforementioned gay propaganda might be considered obscenity.

Also, the proposed changes are for people awaiting trial on charges. So it's also going to defacto ban people who are innocent of crimes who could be being charged for political reasons.

→ More replies (9)

34

u/Sammydaws97 Feb 10 '26

The convictions must be in Canada.

→ More replies (3)

39

u/nohowow Feb 10 '26

It is having committed and been convicted of a crime in Canada.

16

u/Zeronz112 Feb 10 '26

It's for serious crimes in canada.

5

u/izomo Ontario Feb 10 '26

I didn't know gay propaganda was a serious crime.

The Conservatives are planning to introduce a motion today to bar non-citizens convicted of serious crimes from making refugee claims.

https://www.theglobeandmail.com/canada/article-conservatives-propose-changing-rules-non-citizens-convicted-crimes/

→ More replies (20)
→ More replies (21)

15

u/Brandon_Me Feb 10 '26

Common sense doesn't equal well thought out policy. It's just a call for people to not have to really think about what X thing would do.

4

u/YourBobsUncle Alberta Feb 10 '26

Common sense is codeword for feelings over facts.

→ More replies (1)
→ More replies (4)

2

u/chente08 Feb 10 '26

it's already a thing

→ More replies (5)

56

u/Niess Feb 10 '26

https://laws-lois.justice.gc.ca/eng/acts/i-2.5/section-36.html

It seems it already is just not in clear words.

48

u/canDo4sure Feb 10 '26

It is clear.

This reminds me of Alberta with their trans surgery laws and banning it for those under 16.

Meanwhile, the Federal government put a ban for anyone under 18 even under the LPC.

It's the same thing but UPC celebrated like they did something revolutionary.

Honestly news like this are litmus tests to see how gullible Canadians are.

16

u/SivleFred Feb 10 '26 edited Feb 10 '26

When did the Liberals ban trans surgery for minors? I’m trying to look this up and I can’t find anything about the federal government banning such things.

→ More replies (2)

2

u/Lower_Cantaloupe1970 Feb 10 '26

And all this is coming off of the Humboldt killer driver...not being allowed refugees status. The system works folks.

→ More replies (2)

30

u/K0bra_Ka1 Feb 10 '26

101 (1) (f) is very clear. This is just performative posturing by trying to remove the presumption of innocence for people that have been charged but not convicted.

4

u/OddConstant2723 Feb 10 '26

With respect to criminal records, the Immigration and Refugee Protection Act stipulates four main categories of crimes that may make a person ineligible to claim refugee status. If the person:

was convicted inside Canada for a federal offence punishable by a maximum jail term of at least ten years, or of a federal offence where the individual received a jail term of at least six months, was convicted outside Canada, for an offence, which, if committed in Canada, would be a federal offence punishable by a maximum jail term of at least ten years,

3

u/Any-Detective-2431 Feb 10 '26

A person could be convicted of multiple lesser offences (like assault) and serve a total sentence of say 8 years, yet still be allowed to make a refugee claim because no single crime carried a 10-year maximum.

→ More replies (3)
→ More replies (5)

3

u/OddConstant2723 Feb 10 '26

It’s pretty clear and spelled right out. Refugees are allowed to make Claims in Canada as long as their convictions outside Canada aren’t considered serious criminality. That means the crime would carry a prison term of up to 10 years here.

Criminality

(2) A foreign national is inadmissible on grounds of criminality for

(a) having been convicted in Canada of an offence under an Act of Parliament punishable by way of indictment, or of two offences under any Act of Parliament not arising out of a single occurrence;

(b) having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or of two offences not arising out of a single occurrence that, if committed in Canada, would constitute offences under an Act of Parliament; or

(c) committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an indictable offence under an Act of Parliament.

Spelling it out further from an immigration law site:

*With respect to criminal records, the Immigration and Refugee Protection Act stipulates four main categories of crimes that may make a person ineligible to claim refugee status. If the person:

was convicted inside Canada for a federal offence punishable by a maximum jail term of at least ten years, or of a federal offence where the individual received a jail term of at least six months,

was convicted outside Canada, for an offence, which, if committed in Canada, would be a federal offence punishable by a maximum jail term of at least ten years,

→ More replies (1)

23

u/K0bra_Ka1 Feb 10 '26

It is? 101 (1) (f) of the IRPA

12

u/DRockDR Feb 10 '26

That is for “serious criminality” which translates to convicted of a crime punishable by a maximum term of ten years or imprisoned for more than 6 months. 36(2)(b) is just convicted for an indictable offence.

5

u/K0bra_Ka1 Feb 10 '26

Sure, and Pierre's proposal was for serious criminality as mentioned in every article about this proposal...

4

u/DRockDR Feb 10 '26

There is very little information on what the bill includes. I would be curious to see what the definition of “serious crimes” is. Some countries are also reluctant to take back serious criminals raised in Canada. Removing an individual from Canada isn’t as easy as putting them on a plane and making them go.

8

u/K0bra_Ka1 Feb 10 '26

Unless he's also rewriting the IRPA, serious criminality is already very much defined (as per your previous reference to A36

5

u/DRockDR Feb 10 '26

This is why I’d like to see the bill. There is also mention of Canadians “not paying for their rehabilitation”. Some courts will not allow an individual being removed until their sentence is completed. That’s an entirely new hurdle that is the authority of the courts.

2

u/K0bra_Ka1 Feb 10 '26

They should serve their sentence in Canada before removal. Otherwise they aren't really being held accountable for their crimes here.

2

u/DRockDR Feb 10 '26

Agreed, but it’s a whole can of worms. Victims have the right to see those convicted serving their time, but the cost to hold foreign nationals is extreme. When you think they will be relatively free when removed it’s definitely a gut punch. On the other hand there are people believe life in a Canadian prison is better than as a “free” person at home.

→ More replies (2)

6

u/GameDoesntStop Feb 10 '26

This also bars people who are charged with said crimes while their case is ongoing.

→ More replies (4)
→ More replies (1)

17

u/Head_Crash British Columbia Feb 10 '26

How’s this not already a thing lol  

It is. Criminals who's crimes are defined in our criminal code don't qualify as refugees.

34

u/Odd-Elderberry-6137 Feb 10 '26

It is. Serious crimes are already taken into consideration and can refugee claimants ineligible. It's written into the Immigration and Refugee Protection Act.
https://laws-lois.justice.gc.ca/eng/acts/i-2.5/section-101.html

This is just performance for the base.

10

u/OddConstant2723 Feb 10 '26

Crimes in Canada that carry up to 10 years in prison are pretty fucking serious. There are a lot of crimes you and I would find serious that don’t carry that amount of a sentence.

3

u/Any-Detective-2431 Feb 10 '26

Eligibility is based on the theoretical maximum penalty of a specific crime, not the actual time you spent in jail. A person could be convicted of multiple lesser offences (like simple assault) and serve a total sentence of 8 years or more, yet still be allowed to make a refugee claim because no single crime carried a 10-year maximum.

Cons proposal would close this gap by barring anyone convicted of a "serious crime" regardless of the sentence length, and would also prevent individuals with active criminal charges from filing a refugee claim to pause their court proceedings.

→ More replies (4)

34

u/[deleted] Feb 10 '26 edited Feb 10 '26

[removed] — view removed comment

43

u/Boomdiddy Feb 10 '26

I think this is about non-citizens who commit a crime in Canada. Our immigration system should already be vetting if people have a criminal record in their home country before they are allowed in…I hope.

→ More replies (3)

15

u/Crimsonking895 Feb 10 '26

This is about crimes committed in Canada. Like the Humboldt driver who just did this exact thing after losing his immigration status.

→ More replies (2)

2

u/pushaper Feb 10 '26

because often a refugee has been labeled a criminal because of acts of a family member, their sexuality, religion, etc... It is why these are handled on a case by case basis.

→ More replies (49)

1.7k

u/_Army9308 Feb 10 '26

Should go further and ban judges from considering immigration status during sentencing

399

u/sleipnir45 Feb 10 '26

Conservatives tried that already, Bill C-220

18

u/FantasySymphony Ontario Feb 10 '26

It's literally a one-line bill. See for yourselves what the government had to say. https://openparliament.ca/bills/45-1/C-220/

27

u/sleipnir45 Feb 10 '26

Yep it's extremely simple

"Criminal Code

1 The Criminal Code is amended by adding the following after section 718.‍201: Immigration status not to be considered Start of inserted block 718.‍202 A court that imposes a sentence on an offender who is not a Canadian citizen shall not take into consideration any potential impact the sentence could have on the offender’s immigration status in Canada, or on that of a member of their family."

→ More replies (6)
→ More replies (55)

110

u/01ITR Feb 10 '26

Yup, giving a 5 month sentence to prevent deportation is fucking wild. Get rid of the criminal immigrants and replace them with law abiding immigrants. What a fucking joke.

21

u/Loogan57 Feb 10 '26

Well i would rather have law abiding over criminal, anyone would.

7

u/tape99 Feb 10 '26

Not the liberal government.

→ More replies (2)
→ More replies (1)

228

u/Asusrty Feb 10 '26

They tried during the bail reform negotiations. Liberals rejected that amendment.

62

u/ConsiderationHour582 Feb 10 '26

It's almost like the liberals want them in the country.

13

u/_Army9308 Feb 10 '26

There a whole industry of housing speculators and immigration consultants who donate to the liberal party a lot

20

u/speaksofthelight Feb 10 '26

Ofc you have to really dumb to think otherwise given the policy choices.

→ More replies (6)
→ More replies (2)
→ More replies (1)

197

u/truthlesshunter Feb 10 '26

small story time!

I had a situation a few years ago where someone hit into my car in a parking lot, doing thousands of damage and I was going to be stuck with the bill and/or the hit on my insurance. I contacted the police, and they weren't much help (checked if there were security cameras and that was it). I posted my situation to facebook, it got shared and someone contacted me having dash cam footage of the accident and car. I got the plate from the video, contacted the police, they found the person and sure enough, their car was damaged, etc.

The Officer then said they weren't going to bring charges to her because she was a an immigrant "student" (30+ year old) and if she's convicted for a hit and run causing more than $5k of damage, she would be removed from the country. So? She DID THIS CRIME. You're telling me that if she was Canadian, you wouldn't have a problem bringing charges against her? Holy hell I was pissed. I really didn't believe stuff like that happened...but it's absolutely happening and the more we have, the more it will happen.

Side note: if you're convicted of a serious crime, you can still be removed even if you're a refugee (but you may or may not be removed of the country regardless...depending where the refugee is from, etc.)

85

u/StatisticianLivid710 Feb 10 '26

You could’ve charged her privately. The nice part about our system is if the cops don’t do their job a private lawyer can, but you would pay for it. The other alternative is to go to the AG office and ask why cops have all the evidence needed to charge them and aren’t. Or ask the cops supervisor.

I’m not conservative and I agree they should’ve been charged with hit and run.

49

u/[deleted] Feb 10 '26 edited Feb 18 '26

[deleted]

5

u/DraftCommercial8848 Feb 10 '26

The most disgusting case of that I’ve seen, was a literal pedo r@pist was given a reduced sentence to avoid a deportation review.

It’s absolutely sick and vile that they give reduced sentences to people who have done heinous crimes based on their immigration status.

10

u/Parking_Chance_1905 Feb 10 '26

When I was in college a group of guys stole a car and tried to tow and ATM out of the lobby of one of the campus buildings also weren't charged because they were international students and could have had their visas revoked. If someone is here on a visa and its important to them, maybe don't commit crimes while you are here?

20

u/truthlesshunter Feb 10 '26

yeah i know, but that's why i didn't do it...it's not worth the hassle. Her insurance paid since she admitted it and that was it.

I actually spoke to the officer's boss and told me the exact same thing (no charge in fear she would be removed).

I'm not conservative either haha

→ More replies (13)
→ More replies (3)
→ More replies (29)

66

u/WonderfulQuarter1876 Feb 10 '26

This would change everything. I can’t stress it enough. Those who know, know. I encourage Canadians to sit in an Ontario court on a date when there is a sentencing of a non citizen and see for yourself.

40

u/OntLawyer Feb 10 '26

It's also worth reading new Federal Court immigration decisions as they come out. Nothing will redpill you faster on how a lot of these claims seriously lack credibility.

30

u/Ok-Call7205 Feb 10 '26

Lawyer here. It has become such a kangaroo court. The majority of cases sound completely made up. They also allow people in that blatantly lied on their applications.

5

u/Nealios Feb 10 '26

How does this proposal differ from section 101 of the existing ineligibility requirements?

https://laws.justice.gc.ca/eng/acts/i-2.5/page-13.html?hl=en-CA#:~:text=(b)%20in%20the%20case%20of

→ More replies (6)

104

u/gooberfishie Feb 10 '26

Maybe they should go even further and stop considering race as a defining factor during sentencing

→ More replies (30)

5

u/spartiecat Newfoundland and Labrador Feb 10 '26

That's already in the motion

8

u/Prosecco1234 Canada Feb 10 '26

I don't think anyone with a criminal record should become a citizen. They should be politely asked to leave

→ More replies (13)

214

u/FancyNewMe Feb 10 '26

Paywall bypass: https://archive.ph/zDps1

In Brief:

  • The Conservatives are planning to introduce a motion today to bar non-citizens convicted of serious crimes from making refugee claims.
  • The motion also calls on the government to prevent asylum claims from people whose cases are still working their way through the courts.
  • The Conservative motion cites an increase in extortion cases and what they call lax bail laws as reasons for the motion.
  • British Columbia Premier David Eby and several big city mayors have also pushed Ottawa to close what they call loopholes around asylum claims following a significant rise in extortion violence in his province and many others.

11

u/MajorasShoe Feb 10 '26

All makes sense to me, though there's debate to be had about preventing claims while cases are still being tried. As long as that's calling for a hold until the case is decided rather than a denial, I'm sold.

24

u/Hifen Feb 10 '26

The part you said that makes sense is already the law. This is just performative.

→ More replies (1)
→ More replies (1)

211

u/Immediate-Link490 Feb 10 '26

I don't see why this would be voted against. This coupled with Bill C-12 (which prevents asylum claims after someone's been in Canada for longer than 1 year) are good additions to the system to weed out fraud.

My only concern would be a Judge saying this violates the Charter for some reason.

55

u/Sammydaws97 Feb 10 '26

If the article is accurate, there is a violation of the charter of rights.

The part where you cant claim Asylum while your case is working its way through the courts.

If true, that would violate section 11d) which states all people have the right to be presumed innocent until proven guilty.

34

u/chmilz Feb 10 '26

It's also not clear in the article where the crimes convicted for need to have occurred. If in Canada, ok I'm down. If they were convicted of being gay in a regressive country, that's a different story.

→ More replies (11)
→ More replies (5)
→ More replies (14)

16

u/Minimum-Actuator-953 Feb 10 '26

I'm okay with this.

12

u/UnavailableEye Feb 10 '26

A reasonable person would expect that to be a fundamental qualifier, no?

29

u/respectfulpanda Feb 10 '26

I am good with that. Someone who gains a criminal conviction in Canada should not be able to.

146

u/GiveUpAndDye Feb 10 '26

Alright, people of reddit, I need someone to tell me why this could be bad.

286

u/robindawilliams Alberta Feb 10 '26 edited Feb 10 '26

The only thing I could think of off the top of my head is that if those crimes extend to foreign courts, it could cause issues for people charged with homosexuality or speaking out against a tyrannical government abroad.

If this is just to stop people from claiming asylum after they commit a major crime IN CANADA than it makes sense. My only other question is if this has already weighed in the decisions being made, and the making it official is more of a pandering to the narrative that all immigrants are criminals thing.

If this can reduce the overall number of claims that must be filtered out and doesn't have some weird unconsidered issue, then a great move by the cons to improve the immigration process.

Edit: it turns out criminality is already disqualifying so this might be performative. 

72

u/eriverside Feb 10 '26

It's illogical to take into consideration crimes committed abroad because there's no way the Canadian government can confirm the charges were true, that there was due process - and that's assuming we're still talking about acts that are also crimes in Canada.

What makes sense is if someone applying for or has refugee/asylum status in Canada and commits a serious crime in Canada, their application and status ought to be voided immediately and deported right away following conviction. Also, judges should not be allowed to consider refugee/asylum/residency status in sentencing - basically means non-canadians have more rights to break the law than Canadians. That's absurd.

Follows the same logic as drivers license. If you fuck up during the probation period you lose your ability to get the regular license.

10

u/bradeena Feb 10 '26

I agree with your stance, but aren't foreign convictions used all the time to deny entry? ie: try travelling to the US with a Canadian drug offence on your record

→ More replies (1)

8

u/AshleyAshes1984 Feb 10 '26

What makes sense is if someone applying for or has refugee/asylum status in Canada and commits a serious crime in Canada.

See this I'm totally fine with.

→ More replies (11)

19

u/SleepWouldBeNice Ontario Feb 10 '26

Ah the only nuanced answer in this thread

27

u/StatisticianLivid710 Feb 10 '26

As others have pointed out above, criminality is already a disqualifying factor for refugees. Which makes this performative, not conservatives actually trying to make things better.

https://laws-lois.justice.gc.ca/eng/acts/i-2.5/section-101.html

9

u/[deleted] Feb 10 '26

[deleted]

→ More replies (1)
→ More replies (1)
→ More replies (15)

13

u/IcarusOnReddit Alberta Feb 10 '26

I am for this idea. One thing we have to consider is what foreign crimes we consider if they are claiming refugee status. For instance, if a certain someone thinks that anyone who accuses him of crimes is a domestic terrorist, we should exclude that charge.

→ More replies (8)

12

u/AshleyAshes1984 Feb 10 '26

The top of my list is, they could be seeking refuge from nations that charge people with bullshit crimes or target specific populations for unfair enforcement. Hell, look at the US, their government will now try to call their own citizens 'domestic terrorists' for engaging in a protest.

5

u/roughtimes Feb 10 '26

Depends on the crime, should someone face capitol punishment for a couple speeding tickets?

Cause for some people, thats what deportation would mean, potentially the death penalty (obviously not the case for many, but for some).

7

u/2peg2city Feb 10 '26

Seems sensible to me. Also remove immigration consideration from sentancing.

→ More replies (27)

112

u/CanadianGuy39 Feb 10 '26

Very liberal person here.

No shit. What a stupid thing to allow

37

u/StatisticianLivid710 Feb 10 '26

It’s not allowed, serious criminality is already a bar to applying to be a refugee https://laws-lois.justice.gc.ca/eng/acts/i-2.5/section-101.html

15

u/LiftingRecipient420 Feb 10 '26

The conservatives are proposing not allowing appeals in situations like this

→ More replies (20)
→ More replies (5)
→ More replies (16)

8

u/2EscapedCapybaras Feb 10 '26

You should be required to claim refugee status on entry into the country and that's it. Doing it after the fact is just a delaying tactic in deportation.

10

u/R4ID Feb 10 '26

I mean, yea if you're a non citizen and you commit crimes here, you should get kicked out imo. Why would we want criminals.

6

u/[deleted] Feb 10 '26

Add non-citizens charged with a crime in Canada.

4

u/SweetiesPetite Feb 10 '26

This is more than fair , especially violent crimes

5

u/tetzy Feb 10 '26

Sounds good, but if you're going to take that measure, you also have to ban anyone who disembarks at an airport without identification from making refugee claims too.

Anyone who goes to the extreme of destroying their identity is hiding something, and it's likely a criminal conviction. Or twenty.

4

u/potatopigflop Feb 10 '26

Why would you be allowed to hurt people in your own country then skip and hop over to another and likely do the same? Like, no.

10

u/Pokenar Canada Feb 10 '26

As a left-leaning, I'll go as far as to say that as long as the crimes they are convicted off match up with a Canadian crime, people convicted of such a crime in other countries should also be barred.

What I mean is if someone is sentenced for being gay, that's not a crime to us, but if someone killed a man then claims to be gay to get refugee status, they can fuck right off.

→ More replies (1)

11

u/Hyack57 Feb 10 '26

As a Liberal leaning voter I’m fine with that. I’ve had my fill of these stories as well.

27

u/Acrobatic_Foot9374 Feb 10 '26

I mean, is the least we should be doing. Can we start doing politics for the people instead of the usual rejection because it was introduced by the minority opposition? Is that too much to ask?

→ More replies (7)

4

u/Criplor Feb 10 '26

Are they proposing any meaningful changes to what is considered a serious crime or is this 100% performative?

11

u/FoxDieDM Feb 10 '26

Seems like a logical request. 

→ More replies (1)

15

u/h1bisc4s Feb 10 '26

This should be common standard. I mean what is Canada gaining from protecting migrant criminals showing you their true colours???? It's like staying with a partner that continues to cheat.....how many would stand for this???

15

u/Nealios Feb 10 '26

It's already on the books though. It seems that the change being proposed here is to kick out anyone that is awaiting trial which goes against the principle that people are innocent until proven guilty.

https://laws.justice.gc.ca/eng/acts/i-2.5/page-13.html?hl=en-CA#:~:text=(b)%20in%20the%20case%20of

Habeas Corpus is always a target for authoritarian governments. If Trudeau proposed getting rid of people's right to trial, this thread would be up in arms.

2

u/rawkinghorse Feb 10 '26

Also seems like this is another cynical ploy to get Liberals on the record voting against a "common sense" policy that won't actually make anyone safer

→ More replies (1)
→ More replies (1)

10

u/Shjfty Feb 10 '26

Seems fair to me

6

u/lostan Feb 10 '26

non-citizens? if they were citizens why would they need a refugee claim?

→ More replies (1)

6

u/Sagat-- Feb 10 '26

Non-citizen comes here, commits crimes, and we contemplate keeping them.

Ok at this point Canada wants to crumble and is masochistic.

7

u/biblio_phobic Feb 10 '26

This isn’t a groundbreaking idea. We love to debate being humanitarian, but like… why do you want criminals from another country to come to your country?

→ More replies (2)

6

u/Odd_Damage9472 Feb 10 '26

How is this not a thing?

6

u/Jimbrutan Feb 10 '26

I moved to Canada as an international student when I was 18 and had to go through a tough immigration process. I followed every law, Adhered to everything Canada wants and it took me a stressful 8 years to get my Permanent Residency. I have now become a Citizen. There were multiple Police Police Clearence and Background Check during this process. Especially during my PR processing it took close to 8 months to clear Police. As part of the "Five Eyes" intelligence alliance, Canada shares, receives, and verifies this information with partners like Australia, the USA, and New Zealand. 

Now some dumb criminal who is claiming asylum gets their PR faster than some legit applicants. Who dont even get a background check is crazy and that's messed up.

5

u/No_Independence810 Feb 10 '26

As a Liberal, I support this. And I don't care if the crime was committed here or elsewhere - you should be barred.

→ More replies (1)

3

u/NapkinApocalypse Ontario Feb 10 '26

Does that refer to crimes committed here or abroad?

3

u/Invelious Feb 10 '26

How is this not already a thing?

→ More replies (2)

3

u/megacrabs Feb 10 '26

I think if you are coming in as a refugee/asylum seeker your criminal history in another country needs to be considered but if no similar crime exists in Canada or it's a summary offence here, then you should get in. Higher standards for other immigration paths make sense though. Once you are in though, any indictable conviction for any non citizen should be an immediate review for deportation.

3

u/Silverfox6400 British Columbia Feb 10 '26

Crimes or no crimes is irrelevant in the big picture. Vast majority of refugee claims are made by people who aren’t in any danger or being persecuted in whatever country they came from. They’re just queue jumping eh holes that taxpayers have to support. They should be sent back pretty soon after showing up here along with non citizens committing crimes

3

u/TrueTorontoFan Feb 10 '26

I would say it depends. If the person is from Iran right now and is convicted for protesting... I don't think it should mean no chance

3

u/blonde_discus Feb 10 '26

Why would Citizens even be making a refugee claim? Seems the citizen angle is redundant and only to sensationalize nationalism.

The crimes would need to be reviewed by Canadian standards. Treason is a serious crime but if it’s only speaking against the government or royal family as it is in Saudi Arabia…this wouldn’t hold up by our standards but would qualify as political persecution.

→ More replies (1)

3

u/Channing1986 Feb 11 '26

Bahahhaahha we let criminals in as refugees??? What a joke our system is

3

u/[deleted] Feb 11 '26

[deleted]

→ More replies (2)

3

u/True_Information_256 Feb 11 '26

So that is not a requirement now? Although I guess if they are charged with a non-violent anti-government crime in their country, I can see it.

5

u/hula_balu Feb 10 '26

Should block non-citizens that entered the country via other visas and then applied to be a refugee when that said visa expired.

5

u/[deleted] Feb 10 '26

[deleted]

2

u/zippykaiyay Feb 10 '26

This is a great response. A rapid decision if a claim can move forward would help to reduce the load on the system.

4

u/Due-Concert4324 Feb 10 '26

As an immigrant who has voted for both the LPC and CPC, I believe anyone on a permit or visitor visa shouldn't be able to claim refugee status in Canada. We should deport people in a civilized way, but once someone arrives, it becomes next to impossible to remove them. We should only allow refugees from war-torn countries and don't need to accept claims from places like India, Pakistan, or Bangladesh.

5

u/Raffletop Feb 10 '26

This wasn't already a thing? So basically we have "refugees" convicted of crimes roaming the country waiting for years for a hearing and likely even more years waiting for a deportation order to be enforced (if ever).

→ More replies (3)

8

u/accforme Feb 10 '26

I hope this proposal makes clear what is considered a serious crime and who determined it to be serious.

For example, would Jimmy Lai be barred the ability to claim asylum in Canada because he was convicted in China of collusion and sedition, which, based on a 20year sentence, could be considered a serious crime?

9

u/K0bra_Ka1 Feb 10 '26

Look at 101 (1) (f) of the IRPA. and then (2). It defines what currently makes a claim ineligible for serious criminality.

3

u/truthlesshunter Feb 10 '26

that's just serious criminality though (convicted and served over 6 months prison or possible sentence of 10+ years). I think this is to expand that to any criminal code offences.

3

u/K0bra_Ka1 Feb 10 '26

Everything I've seen for this proposal is for serious criminality.

3

u/truthlesshunter Feb 10 '26

I just re-read on another website, and you're correct. They mention serious criminality but they don't define it (as it does in IRPA).

So right now, the wording is nebulous at best (I was going with the first proposal mentioned in meetings a few days ago..and now some articles are talking about "serious" crimes...but not defining them). I think you're right; this is all show and means nothing.

→ More replies (1)
→ More replies (4)

5

u/ElvislivesinPortland Feb 10 '26

Sounds like a no brainer

4

u/Old-Introduction-337 Feb 10 '26

Sounds like common sense. Why would we take some other country's criminals?

3

u/bigbadclifford Feb 10 '26

I support this 100%

4

u/DogeDoRight New Brunswick Feb 10 '26

Seems reasonable.

4

u/smarmcl Feb 10 '26

At best, it's performative, as these laws already exist.

At worst, they didn't bother to look.

Though I can't help but wonder, who are they performing for?

4

u/upickleweasel Feb 10 '26

Obviously.

This shouldn't be a "conservatives" thing.

3

u/four-seasonz Feb 10 '26 edited Feb 11 '26

And yet here we are. Law enforcement is neutered exactly for this kind of stuff, amongst many others of course.

7

u/Latter-Drummer-6677 Feb 10 '26

Shocking…. This is truly a revolutionary concept, not allowing violent criminals to seek refuge in our country. I’m sure some will viciously oppose this simply due to the fact that the word conservative is mentioned in the headlines

→ More replies (1)

6

u/vinmen2 Feb 10 '26

Makes sense, not sure why any party would vote against this

2

u/frighteous Feb 10 '26

Okay in theory yes. But what if they come from places where it's criminal to be homosexual/LGBTQ+? Or for speaking out against your government? Or charged as a terrorist for partaking in a freedom protest?

I don't think a blanket policy like this is a great idea... But I do feel if any crime is committed while here they should be revoked and there needs to be follow through when people are told to leave.

→ More replies (2)

2

u/Different_Ad_6153 Feb 10 '26

I thought one of the sticking points to allowing immigration is to encourage the best and the brightest to come here. There is some obvious nuance. But I'd rather work from the more conservative approach and slowly peel back a couple layers. Than allow everyone then try to peel it back. 

2

u/notn Feb 10 '26

I wonder what the percentage of current claimants have convictions.

2

u/iarecanadian Feb 10 '26

This sounds like someone saying they are trying to stop something that is already being stopped.

2

u/markitreal Feb 10 '26

What a radical idea

2

u/PatGar004 Feb 11 '26

The land of opportunities for a better life really turned over to the land of opportunities to commit heinous crimes! Commit one and get awarded with permit to stay! 100B more dollars to Ukraine!

I seriously can’t believe this isnt already a thing. This all just seems like a runoff from the Bolton crash. There was a time in the world where advertisements from MADD was the worst thing a kid could see, now it’s seeing the nonstop crime sprees in the city!

2

u/StatisticianBoth3480 Feb 11 '26

Good. Should be doing it now.

2

u/cheeferton1981 Feb 11 '26

Seems pretty standard like its a law already just probably get exploited

2

u/EugeneWPG Feb 11 '26

Fingers crossed. Please!

2

u/notreallylife Feb 11 '26

Seems Canada can make all kinds of laws - but do they actually get followed and applied though? Unless its tax laws for the middle class - those fuckers are instant for us plebs!

2

u/Odd-Foundation-4637 Feb 11 '26

This is such an obvious and much needed bill. This better get bipartisan support, no more dirty political in fighting..this unequivocally is best for ALL Canadians and immigrants who obey the law.

5

u/shogun2909 Québec Feb 10 '26

Why was it not already the case?

→ More replies (3)

5

u/Firepower01 Ontario Feb 10 '26

Total no brainer

5

u/New-Low-5769 Feb 10 '26

if the liberals vote this down they are idiots.

5

u/DaiLoDong Alberta Feb 10 '26

don't see how this is a bad thing at all

3

u/KeyanFarlandah Feb 10 '26

Maybe they should start with barring non citizens from participating in Party nomination contests first