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Criminal Inadmissibility, Immigration, Uncategorized

Cracking down on foreign criminals… and employers?

A couple of weeks ago, I had the opportunity to present my views before the House of Commons Standing Committee on Citizenship and Immigration on Bill C-43 (The Faster Removal of Foreign Criminals Act).

The signature piece in this bill is the portion of the legislation that would allow Canada to deport criminals convicted of crimes in which a permanent resident is sentenced to 6 months or more in jail. My support for this provision of the bill is fairly well-known and can be found in the piece I wrote for the Winnipeg Free Press back in June: Removing non-Canadian criminals fair policy.

The sleeper issue in this bill is the provision that would allow the government to create regulations that could impose conditions on employers in respect to permanent residents or foreign nationals. According to the bill, these regulations could include:

“the power to inspect, including the power to require documents to be provided for inspection, for the purpose of verifying compliance”

and

“the consequences of a failure to comply”

There are over 180,000 foreign workers in the country at any point in time. This is a large component of the workforce and certainty is needed for both employers and employees.

Unlike legislation, proposed regulatory changes do not necessarily go through committee hearings. As a result, business, labour and other groups should watch to see when proposed regulations are being brought forth so they can comment on them quickly.

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About Reis Pagtakhan

Reis Pagtakhan is an immigration law partner with MLT Aikins LLP. His extensive experience includes assisting businesses obtain temporary entry to Canada and permanent residency for their executives, employees and contractors from all over the world. Reis has lectured on and written papers on immigration law for the Law Society of Manitoba, the Manitoba Bar Association, the Human Resources Management Association of Manitoba, the Canadian Corporate Counsel Association, and the Community Legal Education Association of Manitoba. He has presented position papers before the Minister of Citizenship and Immigration, Immigration Department officials and Manitoba Labour and Immigration. He has written articles on immigration for the CBC, the Winnipeg Free Press, trade, industry and ethnic publications.

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