A protest was observed and held a press conference on dated 04 June 2012, by The Canadian Backloggers pre-2008 association(Pakistan).
Below are the pictures of 04th June and few others.
Protest In Pakistan
Press Conference held in Pakistan
INJUSTICE INJUSTICE INJUSTICE
Who created Backlog –> Kenney / Librals / CIC
Who proved to be most irresponsible to do their duties –> Kenney / Librals / CIC
AND
Who have suffered and ruined 8 years of life –> Applicants (pre Feb 2008)
Justice Rennie has taken a wrong decision, He should have punish the CIC for not processing our files on time rather us the applicants to were waiting for long.
This is pure INJUSTICE.
Ottawa’s immigration backlog wipeout illegal, lawyers argue before Federal Court
Published on Thursday January 17, 2013
Nicholas Keung
Immigration Reporter
The Federal Court has been asked to strike down legislation passed by the Conservative government last year to wipe out immigration backlogs because it breaches the Charter of Rights and the rule of law.
Lawyers representing 1,000 people affected by the move to toss out nearly 98,000 immigration applications allege that the Tory government had discriminated based on the national origins of the applicants.
While Immigration Minister Jason Kenney has the power to set priorities and policies, he must apply the rules equally, consistently and fairly, argued lawyers for the litigants, some of whom had waited in the immigrant queue for as long as eight years.
The court heard this week that 81.4 per cent of the files in the skilled worker backlog that were tossed out by Ottawa under the Jobs, Growth and Long-term Prosperity Act were from Asia, the Middle East and Africa.
“The backlog was not a function of volume (of applications),” said Mario Bellissimo, one of nine lawyers on the case. “It was a policy choice.”
On Feb. 28, 2008, Kenney launched so-called “ministerial instructions” to restrict eligibility for the skilled worker program to candidates in specific occupations. The new and old files were to be processed simultaneously. The backlog then was 229,457 files, representing 640,813 people.
In June, when the move to wipe out the backlog took effect, the remaining 97,715 cases, representing 278,391 people — all of them in the queue before Feb. 28, 2008 — were simply thrown out.
Government lawyer Keith Reimer argued that the lawsuit boiled down to “who gets to control Canada’s immigration program.”
“The government is entitled to change the law and control Canada’s immigration program,” said Reimer, adding that eliminating the backlog was crucial to a “just-in-time” system that responds to Canada’s labour market needs.
Instead of long delays, skilled immigrants can benefit from quicker processing and better prospects from new, targeted selection criteria, he noted.
However, Justice Donald Rennie questioned why the backlog and just-in-time approach had to be “mutually exclusive” and warned Reimer to focus his arguments on the new law’s benefits to Canada.
“I hope you are not taking a paternalistic approach to immigrants,” Rennie said.
Lawyer Matthew Jeffery said Kenney must follow the rule of law and cannot use his ministerial power to shield “arbitrary state action.”
“Ethically, he’s in the wrong,” Jeffery told Rennie. “There is a clear and obvious unfairness here.”
Immigration department flip-flops on backlogs did not help, lawyers said.
Kenney initially ordered that all applications in the backlog would be terminated as of March 29, 2012, when the plan was announced. The cutoff was changed to June 29 after a legal challenge, because the bill had not become law at that time.
Lawyer Lorne Waldman said processing of the “terminated” applications had been inconsistent, with some being processed even when they did not have a selection decision before the old cutoff, and others offered permanent resident visas on humanitarian grounds.
The affected applicants were entitled to the right of notice, or they should be granted exemption on humanitarian grounds, Waldman said.
Respect the court, process outstanding applications: Jinny Sims
2012 06 15 – Press Releases
OTTAWA – After Canada’s top court undermined the Conservatives’ reckless immigration bill, NDP Immigration critic Jinny Sims (Newton-North Delta) called on the government to do the right thing and finally process the immigration applications the government once deemed eligible for processing.
“The Minister can’t simply ‘delete’ this problem as he tried to do with the backlog,” said Sims in today’s Question Period in the House of Commons.
“The people who have waited patiently in the backlog followed the rules. They did everything correctly and they are being punished because the Conservatives are looking for an easy way out of a problem they and the former Liberal government created. Will the Conservatives do the right thing, apply the court decision to the outstanding applications, and play by the rules themselves?”
In a stinging rebuke from the federal court yesterday, Justice Donald Rennie ruled the government is obliged to process all applications it accepted into the system. The decision comes after approximately 900 applicants under the federal skilled workers’ program sued Immigration Minister Jason Kenney for breaking the government’s obligation to process the applications received within a reasonable time frame.
“The court’s decision highlights the recklessness of this Conservative bill,” said Sims.
“The Minister of Immigration has no plan. He’s making it up as he goes and it’s Canadians who will pay the price. Will the government comply with Justice Rennie’s decision? Will it process the outstanding applicants?”
Source: http://jinnysims.ndp.ca/post/respect-the-court-process-outstanding-applications-jinny-sims
Canadian minister faces protest from visa applicants
HT Correspondent, Hindustan Times
Amritsar, January 11, 2013
Expressing their anger against the Canadian government for delaying their visas, a crowd of 40-50 men and women greeted Canadian minister for citizenship, immigration and multiculturalism Jason Kenney with a protest here on Friday.
They claimed that the Canadian government had cheated and mentally harassed them by keeping them waiting for visas and work permits for eight years and then all of a sudden deciding to send back their visa applications.
The protesters, under the banner of the Canadian Backloggers Pre-2008 Association, demanded that instead of returning their applications, the Canadian High Commission in New Delhi should be asked to process their cases. Holding placards, they demanded legitimate entry into Canada and not the processing fee they had deposited with the Canadian consulate general.
The protest was organised outside Jallianwala Bagh as the Canadian minister drove down to pay obeisance at the Golden Temple. Even as the minister’s cavalcade headed back to the hotel, the protesters, led by association president Rakesh Kumar Garg, demanded an audience with the minister.
Talking to the media, Garg said that just prior to 2008, the Canadian government had invited skilled workers and a larger number of Indians had applied for the jobs. The Canadian government appointed agents all over the world for collecting applications and processing fee, he said.
“Till date, not a single Indian who had applied under the skilled workers’ category has got a Canadian visa. The applicants from India feel that they have been discriminated against by the Canadian immigration authorities because they have been made to wait longer than applicants from any other country. Now the Canadian authorities have all of a sudden decided to return the applications and files of the applicants,” claimed Garg, calling the action “inhuman”.
Garg said that many of the members of the association had even filed applications in Canadian courts against the government’s decision to reject their cases for visa. He said they want their cases to be processed so that they can get legitimate entry into Canada. “If this is not possible, the Canadian government should pay suitable compensation to each and every applicant for disturbing their mental peace,” he said.
Majithia also takes up case
Punjab revenue, public relations and NRI affairs minister Bikram Singh Majithia also took up the backlog case with Kenney and pointed out that for the past eight years, a large number of applicants had gone through a lot of mental agony. He appealed to the minister to reconsider their cases and take a decision as per the immigration rules of his country.
‘Decision taken to streamline visa system’
Kenney, when questioned about the backlog, said, “We have decided to send back all the applications as well as repay the processing and other fee to the applicants. We have now asked for fresh applications. This decision was taken to streamline the entire visa system as the huge backlog of applicants in India and other countries had created a total mess. We were left with no other option but to send back all pending applications. Now we hope everything will move in a smooth manner.”
Source: http://www.hindustantimes.com/Punjab/Amritsar/Canadian-minister-faces-protest-from-visa-applicants/SP-Article1-988387.aspx#.UPEQ4T7gvjQ.facebook
Protesters Welcomed Jason Kenney with Black Flags at Amritsar
Source: http://newspaper.ajitjalandhar.com/index.php?edid=13&pgid=2&dtid=20130112#.UPD4wjWJRh8.facebook
Punjab : Canadian minister shown black flags in Amritsar
January 11, 2013
Amritsar, Jan 11 (IANS) Visiting Canadian minister Jason Kenny was Friday shown black flags by a group of people who are waiting for their immigration clearance to Canada.
Citizenship, Immigration and Multiculturalism Minister Kenny, who was on a one-day visit to this Sikh holy city, was shown black flags by the group called Canadian Back-loggers Pre-2008 Association near the Golden Temple complex.
Police officials said the protestors, holding black flags, numbered over 100. “They were not allowed to come near the Canadian minister as he arrived to visit the Golden Temple,” a police officer said.
Association leader Jagmander Singh said thousands of people were awaiting immigration clearance by the Canadian authorities for the last few years. Over 300,000 immigration applications, including over 65,000 from Punjab alone, were pending with the Canadian government, he added.
Thousands of people of Punjab origin are settled in various parts of Canada. Some of them have even become Members of Parliament and federal and provincial ministers there in the last few years.
Canadian Prime Minister Stephen Harper had visited Chandigarh and Punjab November last year. He had visited Takht Keshgarh Sahib at Anandpur Sahib, the second most holy Sikh shrine after the Golden Temple here.
Source: http://www.readandknow.org/punjab-canadian-minister-shown-black-flags-in-amritsar
Canadian Minister shown black flags
DP Correspondent
Amritsar
The visiting Canadian Minister Jason Kenny was on Friday shown black flags by a group of people who are waiting for their immigration clearance to Canada.
Citizenship, Immigration and Multiculturalism Minister Kenny, who was on a one-day visit to this Sikh holy city, was shown black flags by the group called Canadian Back-loggers Pre-2008 Association near the Golden Temple complex.
Police officials said the protestors, holding black flags, numbered over 100. “They were not allowed to come near the Canadian Minister as he arrived to visit the Golden Temple,” a police officer said.
Association leader Jagmander Singh said thousands of people were awaiting immigration clearance by the Canadian authorities for the last few years. Over 300,000 immigration applications, including over 65,000 from Punjab alone, were pending with the Canadian government, he added.
Thousands of people of Punjab origin are settled in various parts of Canada. Some of them have even become Members of Parliament and federal and provincial ministers there in the last few years.
Canadian Prime Minister Stephen Harper had visited Chandigarh and Punjab November last year.
He had visited Takht Keshgarh Sahib at Anandpur Sahib.
Source: http://www.dailypostindia.com/news/42799-kenney-asks-applicants-to-be-cautious-of-immigration-fraud.html
Black Flags welcome to Jason Kenney by Back loggers Association
Amritsar,Jan.11(BB): Canadian Citizenship, Immigration and Multiculturalism Minister Jason Kenny was welcomed by black flags by Canada Back loggers who were victim of the alleged discriminating immigration policy of the Harper Govt of Canada and waiting for their immigration clearance to Canada.
A group of members of Canadian Back-loggers Pre-2008 Association had gathered near the Golden Temple complex to express their resentment against Harper govt. Police officials said the protestors, holding black flags, numbered over 100.One of the spokesman of the Association said thousands of people were awaiting immigration clearance by the Canadian authorities for the last few years.
Source: http://www.babushahi.com/viewcompletenews.php?id=9292&type=news&refresh=yes
Backloggers Greet Jason Kenney With Black Flags In Amritsar
Immigration Minister Jason Kenney is currently on a visit to India where he has gone to promote the new immigration policies of Canada but on Friday in Amritsar he was shown black flags by the Backloggers Pre-2008 Association.
More than 150 protesters including women were stopped by police from getting close to the visiting Canadian minister Kenney but they managed to show black flags to him near Golden Temple. President of Moga unit of Association Jagmander Singh said in a release that there were more than 3 lakh applications pending with Canadian government .
“About 65000 applications are of Punjabis only who had applied for migration under skilled category” he said adding that Canadian government treats them as mere files forgetting that future of thousands of men, women and children are at stake.
Speaking with the VOICE, President of Canadain Backloggers Association, Rakesh Kumar Garg said, “The Immigration Minister has come to India to sell his new policy of Immigration but his policies cannot be believed and relied upon because of his lack of commitment and attitude of discrimination.”
The applicants from India feel they have been discriminated against by the Canadian immigration authorities because they have been made to wait longest as compared to applicants from other countries world over. First the present Conservative Govt. in the year 2008 pushed them at the back of the queue and now the Government has arbitrarily decided to return their files without processing and without any fault of theirs, they feel.
According to Garg, the applicants are protesting since March 29, 2012 and thousands of emails have been sent by them to the Canadian Prime Minister and the visiting Minister but they have chosen not to reply and address their grievances. They sent him a Memorandum but he has no answer to their questions. They approached the MOS for external affairs, Leader of opposition in Parliament Sushma Swaraj, SGPC President S. Avtar Singh Makkar, Deputy Chief Minister Punjab S. Sukhbir Singh Badal and Minister of NRI Affairs Punjab S. Bikramjit Singh Majithia, who all assured that they will take up the matter with the Canadian Government, said Garg.
“Why should CIC not pay to these applicants the expenses (consultancy charges paid to the immigration consultants, document photocopies, attestations, Language preparations, postage and courier expenses and test and police verifications etc.) incurred on these applications along with interest prevalent in the Indian Markets,” asks Garg.
source: http://www.voiceonline.com/backloggers-greet-jason-kenney-with-black-flags-in-amritsar/
Black flag shown to Canadian minister of citizenship, immigration and multiculturalism in Amritsar
AMRITSAR: Canadian Backloggers Pre-2008 Association showed black flags to the Jason Kenny,Canada’s minister of citizenship Immigration and multiculturalism during his visit to Amritsar on Friday.
About 150 protesters including women were stopped by police from getting closer to the visiting Canadian minister but they managed to show black flags to him near Golden Temple. President of Moga unit of Association Jagmander Singh told TOI that there were more than 3 lakh applications pending with Canadian government .
Canadian minister shown black flags in Amritsar
Amritsar, Jan 11 (IANS) Visiting Canadian minister Jason Kenny was Friday shown black flags by a group of people who are waiting for their immigration clearance to Canada.
Citizenship, Immigration and Multiculturalism Minister Kenny, who was on a one-day visit to this Sikh holy city, was shown black flags by the group called Canadian Back-loggers Pre-2008 Association near the Golden Temple complex.
Police officials said the protestors, holding black flags, numbered over 100. “They were not allowed to come near the Canadian minister as he arrived to visit the Golden Temple,” a police officer said.
Association leader Jagmander Singh said thousands of people were awaiting immigration clearance by the Canadian authorities for the last few years. Over 300,000 immigration applications, including over 65,000 from Punjab alone, were pending with the Canadian government, he added.
Thousands of people of Punjab origin are settled in various parts of Canada. Some of them have even become Members of Parliament and federal and provincial ministers there in the last few years.
Canadian Prime Minister Stephen Harper had visited Chandigarh and Punjab November last year. He had visited Takht Keshgarh Sahib at Anandpur Sahib, the second most holy Sikh shrine after the Golden Temple here.
Source: http://ca.news.yahoo.com/canadian-minister-shown-black-flags-amritsar-125218389.html
Canadian minister shown black flags in Amritsar
Amritsar, Jan 11 (IANS) Visiting Canadian minister Jason Kenny was Friday shown black flags by a group of people who are waiting for their immigration clearance to Canada.
Citizenship, Immigration and Multiculturalism Minister Kenny, who was on a one-day visit to this Sikh holy city, was shown black flags by the group called Canadian Back-loggers Pre-2008 Association near the Golden Temple complex.
Police officials said the protestors, holding black flags, numbered over 100. “They were not allowed to come near the Canadian minister as he arrived to visit the Golden Temple,” a police officer said.
Association leader Jagmander Singh said thousands of people were awaiting immigration clearance by the Canadian authorities for the last few years. Over 300,000 immigration applications, including over 65,000 from Punjab alone, were pending with the Canadian government, he added.
Thousands of people of Punjab origin are settled in various parts of Canada. Some of them have even become Members of Parliament and federal and provincial ministers there in the last few years.
Canadian Prime Minister Stephen Harper had visited Chandigarh and Punjab November last year. He had visited Takht Keshgarh Sahib at Anandpur Sahib, the second most holy Sikh shrine after the Golden Temple here.
The Daily News Post India(tdnpost)
Source: http://tdnpost.com/news/canadian-minister-shown-black-flags-in-amritsar-179744.html
IMMIGRATION: Minister Jason Kenney faces protest in Sikh holy city of Amritsar
Expressing their anger against the Canadian government for delaying their visas, a crowd of 40-50 men and women greeted Canadian minister for citizenship, immigration and multiculturalism Jason Kenney with a protest in Amritsar today..
They claimed that the Canadian government had cheated and mentally harassed them by keeping them waiting for visas and work permits for eight years and then all of a sudden deciding to send back their visa applications, according to a report in the Hindustan Times
The protesters, under the banner of the Canadian Backloggers Pre-2008 Association, demanded that instead of returning their applications, the Canadian High Commission in New Delhi should be asked to process their cases. Holding placards, they demanded legitimate entry into Canada and not the processing fee they had deposited with the Canadian consulate general.
The protest was organised outside Jallianwala Bagh as the Canadian minister drove down to pay obeisance at the Golden Temple. Even as the minister’s cavalcade headed back to the hotel, the protesters, led by association president Rakesh Kumar Garg, demanded an audience with the minister.
Talking to the media, Garg said that just prior to 2008, the Canadian government had invited skilled workers and a larger number of Indians had applied for the jobs. The Canadian government appointed agents all over the world for collecting applications and processing fee, he said.
“Till date, not a single Indian who had applied under the skilled workers’ category has got a Canadian visa. The applicants from India feel that they have been discriminated against by the Canadian immigration authorities because they have been made to wait longer than applicants from any other country. Now the Canadian authorities have all of a sudden decided to return the applications and files of the applicants,” claimed Garg, calling the action “inhuman”.
Garg said that many of the members of the association had even filed applications in Canadian courts against the government’s decision to reject their cases for visa. He said they want their cases to be processed so that they can get legitimate entry into Canada. “If this is not possible, the Canadian government should pay suitable compensation to each and every applicant for disturbing their mental peace,” he said.
Punjab revenue, public relations and NRI affairs minister Bikram Singh Majithia also took up the backlog case with Kenney and pointed out that for the past eight years, a large number of applicants had gone through a lot of mental agony. He appealed to the minister to reconsider their cases and take a decision as per the immigration rules of his country.
Kenney, when questioned about the backlog, said, “We have decided to send back all the applications as well as repay the processing and other fee to the applicants. We have now asked for fresh applications. This decision was taken to streamline the entire visa system as the huge backlog of applicants in India and other countries had created a total mess. We were left with no other option but to send back all pending applications. Now we hope everything will move in a smooth manner.”
Later, Kenney described as “unfortunate” the beheading of an Indian soldier by Pakistani security forces. Asked about the incident at a press conference in Amritsar on Friday, the minister said, “If these reports are true, it is an unfortunate and an outrageous incident. Pakistan must go into the case in depth and find out the persons behind it. Jammu and Kashmir is a sensitive issue and such incidents should be avoided.”
Source: http://www.vancouverdesi.com/news/immigration-minister-jason-kenney-faces-protest-in-sikh-holy-city-of-amritsar/443864/
Canadian Minister shown black flags in Amritsar
Amritsar: Visiting Canadian Minister Jason Kenny was on Friday shown black flags by a group of people who are waiting for their immigration clearance to Canada.
Citizenship, Immigration and Multiculturalism Minister Kenny, who was on a one-day visit to this Sikh holy city, was shown black flags by the group called Canadian Back-loggers Pre-2008 Association near the Golden Temple complex.
Police officials said the protestors, holding black flags, numbered over 100. “They were not allowed to come near the Canadian minister as he arrived to visit the Golden Temple,” a police officer said.
Association leader Jagmander Singh said thousands of people were awaiting immigration clearance by the Canadian authorities for the last few years. Over 300,000 immigration applications, including over 65,000 from Punjab alone, were pending with the Canadian government, he added.
Thousands of people of Punjab origin are settled in various parts of Canada. Some of them have even become Members of Parliament and federal and provincial ministers there in the last few years.
Canadian Prime Minister Stephen Harper had visited Chandigarh and Punjab November last year. He had visited Takht Keshgarh Sahib at Anandpur Sahib, the second most holy Sikh shrine after the Golden Temple here.
IANS
source: http://zeenews.india.com/news/punjab/canadian-minister-shown-black-flags-in-amritsar_822302.html
90-day delay granted in immigration battle over Bill C-38
Written by Kendyl Sebesta Posted Date: July 06, 2012
A 90-day delay has been granted for a group of immigration lawyers fighting to keep their client’s applications intact nearly a week after sweeping changes to Canada’s immigration system came into effect.
Quebec law firm Campbell Cohen and Toronto’s Bellissimo Law Group were granted the extension on behalf of their clients, allowing a 90-day delay in the return of their client’s federal skilled worker applications under Bill C-38.
The delay follows an action by the group, including Toronto lawyer Lorne Waldman, to stop the Canadian government from wiping out the applications of more than 280,000 people who have been waiting to immigrate to Canada since 2008.
“The changes seem to turn immigrants into economic commodities and don’t appear to take into consideration the family and societal values immigrants who may be excluded under the changes could bring to Canada,” says Mario Bellissimo. “What do we say to those people: ‘Sorry you did the right thing but we’re going to close the door on you anyway?’”
He added: “As lawyers and applicants what we’re looking at is, is there the legal authority to do this? People are looking for answers, not refunds, and going to court in some circumstances is one way to find those answers. “
Under the bill, the most sweeping changes were made to the federal skilled worker category. In that category, nearly 280,000 people who applied before Feb. 27, 2008 will have their federal skilled worker applications removed from the current applicant pool and will receive a refund of their fees. They have also been told to reapply under several new guidelines.
Those guidelines include having experience in one of 29 occupations listed by the federal government as in high demand, or having a job offer in Canada.
According Immigration Minister Jason Kenney, the new system aims to speed up the application process for applicants who are young, highly skilled, and have the ability to speak English or French. It also develops a separate category for in-demand tradespeople and business investors.
For those who don’t meet the new guidelines, a pilot program will enable provinces and territories to accept an additional 1,500 people a year from the current backlog of applicants.
Jason Kenney’s summer reading: White Canada and the Komagata Maru
Undesirables: White Canada and the Komagata Maru, An Illustrated History
by Ali Kazimi
(Douglas & McIntyre,
2012;)
As Parliament passes sweeping, repressive immigration legislation, Toronto filmmaker Ali Kazimi’s timely book, Undesirables, is a welcome and necessary contribution that should be required reading not only for Jason Kenney and his cohorts, but also those good-hearted folks who claim the new law violates Canada’s mythic “humanitarian traditions.”
The Komagata Maru was a shipload of South Asian immigrants forced to dock a half mile off the B.C. coast for two months in 1914 as a battle to determine whether they could land played out in the media, the courts, on the docks and in a variety of communities. Denied access to counsel, blockaded from receiving food and water, demonized in the press, and eventually forced to leave when a Canadian court ruled that race could be a grounds for excluding newcomers, their struggle was a signature moment reflecting an ingrained xenophobia that undergirds contemporary Canadian policies.
The book is visually stunning, thorough and wholly accessible in its historical, political and social presentation. Kazimi, whose documentary Continuous Journey also portrayed this period, outlines the extent to which Canada was built as “a white man’s country,” and how specific communities (largely South Asian, Chinese and African American) were systematically excluded from Canada. He also illustrates how limited numbers from these communities, in a mirror to today’s wretched treatment of temporary foreign workers, were allowed in to Canada to perform menial labour, but had impossible obstacles thrown in the way of permanent residence, much less family reunification.
Importantly, he documents the wretched conditions in countries under British colonial control (from political repression to easily preventable famine and disease) that resulted in the urgent desire to emigrate not simply for a better life, but to save one’s life. Indeed, many onboard the Komagata Maru were Sikhs, who paid a huge price in the struggle against British colonialism, a fact that Kazimi notes is rarely acknowledged.
As hundreds of thousands of white Europeans entered Canada in the first decades of the 20th century (on average, 200,000 annually from 1908 to 1914), a series of racist measures were imposed designed to cut off the flow of immigration from countries like India and China. Indeed, from 1907-1910, fewer than 3,000 South Asians were admitted, and only five in 1910-11. This was the era of the Chinese Head Tax, as well as specious medical examinations that turned certain classes of immigrants away for common and non-threatening afflictions, and the requirement that certain immigrants possess the then princely sum of $200 before gaining entry to Canada.
While “the yellow peril” and other racist headlines dominated the papers, racism was easily adaptable to prevailing political winds. Notably, after Britain formed an imperial alliance with Japan, Japanese men were allowed to bring family members to Canada, but Chinese and South Asians were not.
“That Canada must remain a white man’s country is seen necessary on moral and political grounds,” wrote future Prime Minister Mackenzie King in a 1908 report that articulated the reasons for imposing a “continuous journey” order in council that would remain for 40 years, essentially barring South Asians from entering Canada unless they came directly from India. Kazimi show that, nonetheless, British authorities were concerned about the need to soft pedal some of Canada’s racist legislation so as not to inflame tensions in its colonies: after all, this was a time of growing resistance to British repression, and not all individuals who were British subjects took kindly to discriminatory treatment.
Kazimi’s study also does a great service by examining the resistance of targeted communities, who formed self-help and self-defence leagues, raised money for the folks aboard the stranded ship, engaged legal assistance, and produced their own newspapers. Part of that resistance was the Komagata Maru itself, whose journey was a publicly announced challenge to the continuous journey provisions: it picked up passengers from a series of overseas ports on the way to Canada.
With no small sense of irony, once a test case for a Komagata Maru passenger got to court, government lawyers successfully argued that since First Nations had limited rights as British subjects, Canada actually had the power to restrict rights of other British subjects based on race. As Kazimi sadly concludes, “the colonization of Canada and the subjugation of its aboriginal inhabitants was presented as a legitimate precedent for denying South Asians their rights.”
By the time the ship returned to India, the stench of alleged subversion had been imposed on the passengers by British colonialists, and 21 of them were shot down by British troops upon their arrival, with many more arrested.
Kazimi sees the Komagata Maru as a transformative moment for Canada, occupied India, and the rest of the British empire, but cautions against seeing this as an isolated instance. Rather, it was one of many moments in a long history that continues to this day. His superb ability to connect past and present policies both shows the parallels and explains the extent to which the “white man’s country” theme threatens to remain forever stitched into the Maple Leaf.—Matthew Behrens
Matthew Behrens is a rabble.ca columnist and a regular contributor to the book lounge.
Source: http://rabble.ca/books/reviews/2012/07/jason-kenneys-summer-reading-white-canada-and-komagata-maru
Cease processing of FSW applications made prior to February 27, 2008
Operational Bulletin 442 – June 29, 2012
Summary
Processing of certain applications made under the Federal Skilled Worker (FSW) program prior to February 27, 2008, is to cease effective June 29, 2012, and fees paid to Citizenship and Immigration Canada (CIC) in respect of the affected applications are to be returned to the person who paid them as required by law.
Issue
This Operational Bulletin (OB) provides guidance on steps to be taken to terminate certainFSW applications made prior to February 27, 2008, as per amendments to theImmigration and Refugee Protection Act (IRPA) that were enacted as part of the Jobs, Growth and Long-term Prosperity Act and come into force on June 29, 2012.
Background
The Jobs, Growth and Long-term Prosperity Act eliminates the majority of the backlog in the FSW program by terminating applications and returning fees paid to CIC by certainFSW applicants who applied prior to February 27, 2008. The requirement to terminate certain FSW applications takes legal effect upon the coming into force of relevant provisions of the Jobs, Growth and Long-term Prosperity Act on June 29, 2012.
An application by a foreign national for a permanent resident visa as a member of the prescribed class of federal skilled workers that was made before February 27, 2008, is terminated if, before March 29, 2012, it has not been established by an officer, in accordance with the regulations, whether the applicant meets the selection criteria and other requirements applicable to that class.
Processing Instructions
Visa offices are to cease processing of FSW applications made prior to February 27, 2008, in accordance with the following instructions:
| If the officer… | and | Then… |
|---|---|---|
| has not established whether the applicant meets the selection criteria prior to March 29, 2012 |
|
|
| has established whether the applicant meets the selection criteria prior to March 29, 2012 | the application hasnot been finalized before June 29, 2012… |
|
| established whether the applicant meets the selection criteria on or after March 29, 2012 | the application hasnot been finalized before June 29, 2012… |
|
| established whether the applicant meets the selection criteria on or after March 29, 2012 | the application has been finalized before June 29, 2012… |
|
Note: No further action is required at this time on the part of visa offices for those applications that are terminated in accordance with the above instructions.
Establishing that a decision has been made as to whether the applicant meets selection criteria
A decision as to whether the applicant meets selection criteria was made if, prior to March 29, 2012, at least one of the following actions was taken:
- a selection decision was entered into the processing system (“SELDEC” in the Computer-Assisted Immigration Processing System (CAIPS) or “Eligibility – Passed” / “Eligibility – Failed” in the Global Case Management System (GCMS));
- the file notes clearly state that the selection criteria have or have not been met, but a selection decision has not yet been entered into the processing system;
- a negative decision had previously been made, but the file had been re-opened for a redetermination further to an order by a Superior Court (which includes the Federal Court) or a settlement agreement entered into by way of a Court order made prior to March 29, 2012.
A decision as to whether the applicant met selection criteria was not made prior to March 29, 2012, if any of the following situations applied as of that date:
- a preliminary review of the documentation has taken place, but a selection decision has not been entered into the processing system or documented as described above;
- additional documentation had been requested from the applicant but has not been received, or a selection interview is pending;
- additional documents were received that could have served to make a selection decision, but the selection decision has not been entered in the processing system or documented as described above. For instance, receipt of an Arranged Employment Opinion (AEO) or a response to an officer’s request for additional information prior to March 29, 2012.
Establishing that a final decision has been made
In establishing that final decision has been made on an application, at least one of the following actions must have been taken:
- a final decision was entered into the processing system (“FINDEC” in the Computer-Assisted Immigration Processing System (CAIPS) or “Final – Approved” / “Final – Refused” in the Global Case Management System (GCMS));
- the file notes clearly state that a final decision has been rendered, but the decision has not yet been entered into the processing system.
Returning fees paid to CIC
The. process of returning fees paid to CIC in concert with the termination of affected applications will be centralized at NHQ – Finance in consultation with visa offices as required.
Fee returns and communications with affected applicants will be initiated by CIC in due course.
The basis for the amounts to be refunded will be the POS+ data at missions. NHQ – Finance will communicate with affected missions in due course to provide further instructions on the extraction of required data. The POS+ data will subsequently be matched with the eligible cases extracted from CAIPS/GCMS and will form the baseline data for the purpose of returning fees to the payee.
NHQ – Finance will communicate with eligible applicants in due course to confirm contact and payee information prior to initiating any return of fees paid to CIC, and will allow a reasonable period of time for applicants to respond. In cases where no response to any initial and any follow-up communications is received, applications are still terminated, but action may still be taken at a future date to return fees to the person who paid them.
Fee returns will be issued in the appropriate currency for the country in which the person who paid them resides, using the daily exchange conversion rate in effect on the date of issuance.
Unsuccessful applicants who had paid the Right of Permanent Residence Fee (RPRF) will continue to be entitled to a return of that fee in accordance with existing procedures.
File retention
The files and supporting documentation associated with terminated applications will be retained for a period of at least two years from the last point of administrative use, in accordance with current information management practices and retention requirements.
The last point of administrative use will generally be considered to be the date on which fees paid to CIC are returned to the applicant.
Federal Court challenge to section 87.4 of IRPA
The amendments contained in section 87.4 of the IRPA terminating FSW applications are subject to litigation. The result of that litigation could affect how the terminated FSWapplications are handled in the future. Further information will be provided as the litigation progresses.
http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob442.asp
An Open Letter to Mr. Jason Kenney to Amend Bill C-38
All Pre 2008 FSW class applicants were evaluated by CHC while they applied and their applications were accepted with the processing fees after full verification and approval by CHC. Since then the immigration files of these applicants are under process. The committed time was then 33 months to finalize the file, but over the time gradually it has stretched up to 93 months. With full hope and patience applicants were waiting for their turn to get the file process till the 30 March 2012.
The timeline of oppressed pre Feb 2008 prospectiveCanadaimmigration applicants.
Applied in 2003 to 2008
All the papers were submitted and verified by CHC visa office. The time to finalize 80% of cases was 36 months. [ Ref weblink ]
28 November 2008
The day Injustice started when Mr. Jason Kenney comes with the Action Plan for Faster Immigration.
Below is what the statement was on that time.
“The Action Plan for Faster Immigration includes instructions outlining a set of eligibility criteria that apply to all new federal skilled worker applications received on or after February 27, 2008. All applications made before February 27, 2008, will be processed according to the rules that were in effect at that time.” [Ref. weblink]
2010,
Till year 2010 CHC was saying in the reply of case specific enquiries.
“Applications submitted before February 27, 2008
If you applied before February 27, 2008, your application will not be affected by the new law. Your application will be processed according to the rules that were in effect when you applied. It will be processed in the order in which it was received.”
We the applicants on good faith trusted Canada Government and continued our painful wait for the processing of our immigration files.
Mid of 2011
We start getting reply from Visa office that
“If you applied as a Federal Skilled Worker prior to February 27,2008, your application will not be processed in 2011 or 2012. This is due to the fact that we have sufficient cases in process to meet our visa issuance targets.”
We were still in hope that if its not 2011 or 2012, but for sure year 2013 will be on our cards.
Nov. 2011
Mr. Jason Kenney Screamed Eureka “It is a problem of math”
He said “When the number of applications exceeds the number of people admitted in a particular program, we end up with a growing backlog and longer wait times.” [Ref. wenlink]
Alas ! He took 7 long years to come to know this simple math problem.
2012
And now in as early as in first quarter of 2012, AGAIN Mr. Jason Kenney comes with another fast track plan named Transforms economic immigration program. Again neglecting our files and lives and this time refusing us.
We would like to ask few simple questions.
- If Visa offices are capable enough and ready to process their application when applicants will reapply then what’s the harm to do the same now?
- If any one of the applicant receive refund and reapply how many years will take again to get the file finalize, as post 2008 applicants are too in backlog. So we cannot take it as backlog ONLY belongs to Liberals tenure.
- When no files are in process for years then How can Hon Minister Mr. Jason Kenney says “The Federal Skilled Worker Program backlog is a major roadblock to Canada’s ability to respond to rapidly changing labour market needs,”. [Ref. weblink]
As the backlog is result of inefficiency of Visa Offices. We request the Canadian government to re-think on their proposal / Amend C-38 Bill and instead the money kept aside for refunds, hire more resource to get the files processed in a short period.
The tale of 2012′s omnibus budget bill
House of Commons Speaker Andrew Scheer, who on Monday will announce whether MPs will be required to vote on every single amendment to Bill C-38 or whether some will be grouped together or dismissed outright. (Chris Wattie/Reuters)
The Globe and Mail
Published Tuesday, Jun. 12 2012, 2:00 AM EDT
Last updated Tuesday, Jun. 12 2012, 8:17 AM EDT
A marathon of around-the-clock voting that opposition MPs had planned to thwart quick passage of the omnibus budget bill – legislation they say is being rushed through Parliament without adequate scrutiny – has been reduced to an extended sprint by Commons Speaker Andrew Scheer.
Mr. Scheer ruled on Monday that the 871 amendments proposed by the New Democrats, the Liberals and Green Party Leader Elizabeth May will be pared down and that those left standing will be grouped with others that are similar in nature.
That cut the number of votes needed to deal with the amendments to a maximum of 159 and the time required to get the bill through the Commons from days to perhaps as much as 24 hours.
Opposition leaders of all stripes said they hoped the threat of the lengthy voting session would force the government to give in to demands to slice Bill C-38 into several, more manageable, bits.
At the very least, they expected the logjam in the Commons to focus the attention of more Canadians on a bill that they say subverts democracy by including provisions that have no place in budget legislation.
Those measures include, among other things, an overhaul of federal environmental assessment, changes to the way fish habitats are protected, changes to employment insurance eligibility, and an increase in the age at which Canadians can collect Old Age Security.
But the opposition accepted Mr. Scheer’s decision as relatively fair given the lack of rules governing omnibus bills in Parliament. Still, they did not back down in their attacks on the Harper government’s handling of the budget-implementation legislation.
“The government has created such a Frankenstein of a bill that Parliament will now be voting around the clock,” Opposition House Leader Nathan Cullen said. Mr. Cullen has introduced a point of privilege saying the government was deliberately withholding information about how many jobs would be lost and what services would be cut as a result of the bill – a move that could also obstruct its passage through Parliament.
The changes
Opposition MPs say the Conservative government’s massive budget bill includes provisions that have no place in budget legislation. They want some sections extracted and subjected to in-depth scrutiny including those that would:
– Overhaul environmental legislation. One clause within Bill C-38 is actually an act unto itself called the Canada Environmental Assessment Act. The bill would dramatically reduce the number of federal environmental assessments, leaving the job mostly in the hands of the provinces and focusing federal oversight on cases involving migratory birds, fish and other aquatic species. Assessments would have to be completed within two years. Cabinet would be given ultimate decision-making powers.
– Change the federal Fisheries Act to repeal language that prohibits the destruction of fish habitats unless the habitat that would be damaged is part of a commercial, recreational or aboriginal fishery. This would leave unprotected any fish habitat that does not directly benefit human beings, including many of the streams that cross the route of the proposed Northern Gateway pipeline.
– Reform Old Age Security. The government intends to raise the age of eligibility for the program to 67 from 65 gradually over a six-year period, starting in 2023, saying this is necessary to sustain the long-term viability of the program. As a percentage of GDP, the cost of the OAS program – before the change – is projected to rise from 2.43 per cent of GDP in 2012 to a peak of 3.16 per cent of GDP in 2030 before falling back to 2.35 per cent of GDP in 2060.
– Restrict employment insurance benefits. The bill would repeal the section of the Employment Insurance Act that allows recipients to turn down an available job because it is not their usual occupation, pays less, or involves conditions that would not be expected of a good employer. Canada’s four Atlantic premiers say they want assurances that seasonal workers won’t get caught up in the new rules.
Among other things, the bill will also:
– Repeal the Fair Wages and Hours of Labour Act, which compels contractors bidding on federal contracts to pay fair wages and overtime;
– Eliminate the office of the Inspector General of the Canadian Security Intelligence Service, which monitors CSIS’s compliance with its policies; – Allow U.S. federal law enforcement agents participating in cross-border operations to arrest Canadians on Canadian soil;
– Close down Assisted Human Reproduction Canada, an agency that was established to oversee assisted human reproduction, but has never been provided with the regulations to do its job.
– Amend the Immigration and Refugee Protection Act to eliminate a backlog of 280,000 applications under the federal skilled-worker program.
– Increase sanctions on charities that devote more than 10 per cent of their resources to political advocacy, and provide $8-million for special audits by the Canada Revenue Agency to ensure charities are adhering to the 10-per-cent limit.
By the numbers
498: Pages in the budget document tabled on March 29
425: Pages in C-38, the budget implementation bill entitled the Jobs, Growth and Long-term Prosperity Act, introduced on April 26
69: Acts that Bill C-38 would modify or affect
44.5: Hours of hearings by the finance committee that studied the bill, in addition to a sub-committee that spent 22 hours looking at its impact on natural resources and the environment
104: Witnesses who appeared before the finance committee 110: Speeches made in the House by MPs over seven days of debate
753: Clauses in Bill C-38
871: Amendments the opposition proposed to the bill
159: Amendments that the Speaker accepted and will be put to a vote
22.7: Hours of voting required to go through the accepted amendments, based on an average of seven votes per hour
70: Estimated number of hours of voting that would have been necessary had the Speaker accepted all of the proposed amendments
0: Amendments to C-38 that were made at committee
source: http://www.theglobeandmail.com/news/politics/the-tale-of-2012-omnibus-budget-bill/article4249856/
Commons Speaker allows budget bill amendments
June 11, 2012 – 2:11pm By THE CANADIAN PRESS
OTTAWA — The Speaker of the House of Commons has given a green light to more than 800 proposed opposition amendments to the Conservative government’s so-called omnibus bill.
But Andrew Scheer said he intends to restrict the number of votes on proposed changes to the controversial budget implementation legislation, known as Bill C-38.
“There are few precedents to guide the Speaker in dealing with this type of situation,” Scheer told the House as he spelled out his ruling.
“In my selection of motions, in their grouping and in the organization of the votes, and I have made every effort to respect both the wishes of the House and my responsibility to organize the consideration of report stage motions in a fair and balanced manner.”
Scheer’s ruling means the House will have to hold between 67 and 159 votes on a single piece of legislation. At a rate of roughly four or five votes an hour, it’s not as onerous a workload as it could have been, but it could still mean some late nights for MPs.
“The Speaker was put into what I would consider an almost impossible situation,” said NDP House leader Nathan Cullen.
“His ruling will confirm, though, that the opposition still does have some tools to hold government to account, that the government’s not going to get away with this one easily, that they are going to have to pack their jammies as well.”
The structure of Bill C-38 itself falls within the bounds of correct parliamentary procedure, Scheer said in response to a request from Green party Leader Elizabeth May that the bill be ruled out of order.
“It’s an unfortunate ruling,” May said of Scheer’s decision on C-38, saying it does nothing to prevent future omnibus bills from abusing parliamentary procedure.
The Liberals and the NDP together initially proposed more than 1,000 amendments to the bill, which is more than 400 pages long and changes more than 70 laws.
Opposition parties complained the legislation goes too far, but the government insisted the bill is necessary to create jobs and keep the economy percolating.
The Liberals had asked the government to pull items relating to fisheries, environmental assessment, EI and old age security and introduce them as separate bills.
Source: http://thechronicleherald.ca/canada/105978-commons-speaker-allows-budget-bill-amendments
It’s big: a primer on the Harper government’s omnibus budget bill
By Lee Berthiaume, Postmedia News June 11, 2012
OTTAWA — Here’s a quick rundown on the more significant provisions included in Bill C-38, the omnibus budget implementation bill:
- Environment and Natural Resources — The most significant change is a complete overhaul of Canada’s environmental review process for industrial projects. Under the revisions in C-38, the federal environment minister would decide which projects will be subject to environment assessments. The bill would also set time limits on reviews, restrict the ability of some Canadians to participate in the environmental hearings process, and allow Cabinet ministers to grant certificates for “major pipelines.”
Another section scraps the Kyoto Protocol Implementation Act, which called for annual reports on the effectiveness of federal climate change policies and an independent review of results.
- Fisheries and Species At Risk — The fisheries section would eliminate protections for all fish habitats when it comes to industrial projects and instead narrow those protections to commercial, recreational or Aboriginal fisheries in major water bodies. The legislation would put much of the decision-making in the fisheries minister’s hands.
Similarly, the Species At Risk Act, which restricts industrial activity in critical natural habitat, would be changed so the minister of environment can approve more exemptions.
- Employment Insurance — The new employment-insurance reforms target repeat EI users, but would require all recipients to commute up to an hour or more for a job and accept work if it pays somewhere between 70 and 90 per cent of their previous income. The Conservatives will wait until their omnibus budget-implementation bill is passed before fully defining “suitable employment” that EI recipients would have to accept to continue receiving benefits, and what would be considered a “reasonable job search.” The government has said suitable employment would be based on six criteria: personal circumstances, working conditions, hours of work, commuting time, type of work and hourly wage.
- Old Age Security and Pensions — Starting in 2023, the age of eligibility for OAS benefits would gradually increase. Anyone who was 54 years old or older as of March 31, 2012, would not be affected, while those born between April 1, 1958, and Jan. 31, 1962, would become eligible on a sliding scale between age 65 and 67. Those born on or after Feb. 1, 1962, would not be eligible for OAS until age 67. Eligibility for the allowance given to low-income spouses or survivors also would gradually increase.
- Food Safety — Canada’s food regulations would be changed so that new health claims, food additives and chemical contamination caps could be approved more quickly. Currently, it can take years for Health Canada to update regulations to allow the use of a new food additive, to set a limit for a chemical residue or to approve a new health claim on a food. The budget bill would give the health minister more power to make these changes after the department concludes risk assessments and completes consultations.
The work of inspecting seed crops also would be transferred from Canadian Food Inspection Agency inspectors to the private sector. The bill also would change the way CFIA manages quarantines on farms with infected animals.
- Oversight and Other Agencies — The Security Intelligence Review Committee, one of two oversight bodies monitoring Canada’s spy agency, would be eliminated. The auditor general also would no longer be required to conduct annual audits on a number of agencies, while the National Council of Welfare and National Aboriginal Health Organization would be among a number of organizations scrapped.
- Miscellaneous — Among the other changes proposed in C-38 is the elimination of a backlog of nearly 280,000 applications filed by foreigners before 2008 wanting to become federal skilled workers. American law enforcement officers also would be allowed to make arrests in Canada when working on cross-border maritime teams, while national parks and historic sites would be open less. Meanwhile, charities would face restrictions on what political activities they can undertake.
Source: http://www.canada.com/health/primer+Harper+government+omnibus+budget+bill/6765412/story.html
Bill C-38 must be revised
Bill C-38 must be revised
By Paul Kompass, The Ottawa Citizen June 11, 2012 10:25 AM
Members of the Conservative caucus must reconsider their support for Bill C-38 in the light of the public, scientific and political criticism of the bill in its present form.
The bill should be defeated, and a new bill brought back to Parliament with the “other measures” removed for separate consideration. Many Canadians, like me, are very unhappy with the other measures being “hitchhiked” into law, and particularly with the lack of opportunity for Parliament to consider the detailed changes repealing and/or reinstating 70 different acts of Parliament.
This will undermine the integrity of this government and will severely affect the chance for re-election. Who would vote for a candidate who consistently abused the parliamentary privileges of democracy and prevented proper study and debate of legislation?
Stop Bill C-38 in its present form. Omnibus bills are an abomination to democracy.
— Paul Kompass, Ottawa
Source: http://www.ottawacitizen.com/Bill+must+revised/6761326/story.html
Protest Rally at New Delhi – Jantar Mantar
News of Protest Rally and Candle March observed at New Delhi (India) at Jantar Mantar on date 04 June 2012 covered by ‘Day & Night News’ Channel.
We are grateful to the Channel ”Day & Night News’ for covering us.
Canada’s ‘betrayal’ triggers protests, lawsuit
Protests have erupted globally against Canada’s moves to close visa offices and eliminate a massive backlog of 280,000 immigration applications under the Federal Skilled Worker Program created before 2008.
The Government of Canada asserts that the Federal Skilled Worker Program is undergoing a process of “transformation”. But for some 280,000 affected applicants, Canada’s decision to eliminate the program’s backlog is a betrayal.
Rallies and protests in front of Canadian diplomatic missions have erupted in the United Kingdom, India, Pakistan, Hong Kong and Iran among other places at the new proposed law, which the Conservatives hope to pass this summer.
Meanwhile, a group of lawyers are working feverishly to stop the law with a class action suit saying the move is unfair because people have been waiting to come to Canada for years.
The government announced its decision to wipe out the application backlog in its March budget, saying it is a necessary part of modernizing the country’s immigration system.
The Harper government is also making other changes to Canada’s refugee system.
Lorne Waldman, an immigration lawyer based in Toronto, said the new law that breaks a promise to applicants who followed all the necessary steps to come to Canada.
“They’ve been waiting in the queue for years and years, and now [Immigration Minister] Jason Kenney is saying, ‘Yeah we told you to wait in the queue, we told you that was the right way but that’s too bad. Now we’ve changed our mind and there’s no longer going to be a queue for you.’
“I think that’s immoral,” he said in an interview aired by CBC news.
Along with several other lawyers, Waldman is seeking class-action certification for a lawsuit, which now has about 40 litigants from China and Hong Kong, that would challenge the decision to eliminate the backlog and force the government to process applications.
In Hong Kong last week, dozens of protestors gathered at a rally denouncing the changes and handed over letters to Canadian diplomats. About 12,000 of the impacted applicants are from mainland China or Hong Kong. The government has set aside $130-million to refund application fees and says applicants are free to try again under the new criteria.
“We applied to immigrate to Canada because we believed that Canada is governed by the rule of law and treats everyone equally. Sadly, your conduct reveals an alternative, sinister side of Canada, one mirroring the same attitude toward the people [we]in autocracies are used to suffering,” read a letter that was addressed to Kenney and signed “Chinese victims of FSW” (the initials of the Federal Skilled Workers program).
In Punjab, India where Canada has always been a favoured destination, Indian media sai there are thousands of people of people who had been in the waiting queue list to seek visa for Canada since 2004.
One of them is Baljit Singh from Jalandhar who has been waiting in line for over 10 years.
“I had been harbouring dreams of migrating to Canada for years. He said that the new immigration policy of Canada has led to great deal of frustration,” he said.
The affected families in Punjab by Canada’s new immigration policy have decided to approach the federal government in New Delhi to intervene in the matter. The families also held a rally at Jantar Mantar in New Delhi on June 4.
Ottawa has responded to its critics saying the proposed changes in Canada’s immigration rules are aimed at attracting more skilled tradespersons to the country, to fill the growing labour shortages being faced by sectors such as natural resources and construction.
The government said that the new laws would streamline the immigration policy with economic needs of Canada; provide companies which hire immigrants will a direct responsibility to assess the education, skills and credentials of immigrants directly and allows applicants get a better idea about their employability when they land in Canada.
