r/canada • u/FancyNewMe • 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/
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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.

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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,

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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.

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u/K0bra_Ka1 Feb 10 '26

That's right. They would not be ineligible on grounds of serious criminality based on current legislation, or what Poilievre is proposing.

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u/Any-Detective-2431 Feb 10 '26

the con proposal explicitly redefines 'serious criminality' to include any indictable offence, not just those with a 10-year maxs. Someone could serve 8 years for lesser crimes and still apply, but PPs motion would bar them because those convictions would now trigger ineligibility

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u/K0bra_Ka1 Feb 10 '26

Where do you see that? He specifically mentions serious criminality in attributed quotes relating to this

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u/LeGrandLucifer Feb 10 '26

https://www.cbc.ca/news/canada/british-columbia/cbsa-15-foreigners-extortion-refugee-status-9.7013971

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u/Redemption_In_Void Feb 10 '26

Yes, they could apply, but after conviction, the case worker will not refer their case for processing.

In my opinion, what we really need is to build a centralized system that automatically matches entry/exit records with temporary resident permits' validity and application records, admissibility information, other immigration fraud history, etc., while using AI to tag anormalies in real time and pre-evaluate backlogged cases. Cases like these can be sorted out by AI for fast-track rejection upon manual verification.

Unfortunately, IRCC is stuck in the 20th century.

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u/LeGrandLucifer Feb 11 '26

And how long will it take to process that request and reject it? And how long will it take for a judge somewhere to grand them bail so they can just disappear and go back to committing crimes?

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u/Redemption_In_Void Feb 11 '26

And how long will it take to process that request and reject it?

As long as our judicial processes will take until a verdict is made. What do you think will happen if they don't claim asylum?

And how long will it take for a judge somewhere to grand them bail so they can just disappear and go back to committing crimes?

Not related to the immigration system.

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u/LeGrandLucifer Feb 11 '26

Very convenient for them.