Top Canadian Immigration News Stories for 2007

In the spirit of the end of years' ubiquitous top ten lists, I present my own (in no particular order) take on the top immigration stories for 2007:

1. The Death of Robert Dziekanski. Dziekanski, a Polish immigrant, who the RCMP tasered within 25 seconds of their arrival. Dziekansi never set foot alive outside the Vancouver International Airport.
2. The (non) deportation matters of:
   • Laibar Singh, a paralyzed Sikh and failed refugee claimant. Singhs' supporters staged a massive protest at the Vancouver International Airport, yet again preventing his removal from Canada;
   • Karlheinz Schreiber. The wily Schreiber has managed to delay his deportation to Germany to face serious criminal charges by a flurry of conflicting affidavits, law suits and a unusual appearance before Parliament. What remains to be seen is how much longer Schreiber can delay the seemingly inevitable;
   • Sukhvir Singh Khosa. Khosa and Bahadur Singh Bhalru were street racing when Khosa's vehicle struck and killed Irene Thorpe, and innocent pedestrian on Marine Drive in Vancouver. Both were convicted and Bhalru was eventually removed from Canada. Khosa continues to fight his removal and his appeal will now be heard by the Supreme Court of Canada;
   • Samuel Martin Luin, who entered Canada in 2002 at 18 and in the past 5 years has racked up 16 criminal convictions. In 2005, Luin raped and assaulted a 19 year old woman and sentenced to 40 months (reduced by 16 months for time served). While he was ordered deported, the government failed in applying in a timely fashion for a danger opinion, required for his removal. The Immigration Division released him from detention, with only reporting conditions in place. Perhaps not surprisingly, Luin failed to show and was (fortunately) arrested soon after due to tips from the public.
   • The Raza family of 8 which sought sanctuary in August 2006 and remain under the protection of a Winnipeg church to stymie removal to alleged (sectarian) difficulties in Pakistan;
   • Hutu war criminal Leon Mugesera, still successfully fighting deportation from Canada since 1995 - in fact 5 Rwandans subject to extradition requests are living freely in Canada;
   • Terrorist/hijaker Mahmoud Mohammad Issa Mohammad has stymied deportation for almost 2 decades; and
   • Lai Changxing - sought after by the Chinese government and accused of massive fraud. Changzing has been in Canada since 1999, and won another reprieve when his counsel, David Matas, managed to successfully impugn his 'PRRA' decision, arguing that the government failed to properly assess risk to Changxing upon return to China.
3. Foreign workers. Touted as a remedy to Canadas' (and Albertas' in particular) labour woes, thousands of 'low skilled' workers have entered Canada. What remains to be seen is whether they will return to their country of origin at the end of their period of authorized stay and whether government policy will make provision for them as they have with foreign live in caregivers (who can apply for permanent residency from within Canada - unlike 'low skill' foreign workers, who may never qualify under the federal skilled worker immigrant class).
4. Canadas' multiculturalism policy - now under threat from issues as diverse as Quebecs' struggle with 'reasonable accommodation' (sparked by Herouxville, a little town which set down a declaration of norms for immigrants) and the reaction of Canadians over the death of Aqsa Pervez at the hands of her immigrant father in Toronto. Canada only needs to look to the UK experience with multiculturalism (and read this excellent article by Christopher Hitchens, Londonstan Calling in Vanity Fair).
5. The ongoing Air India Inquiry - which continues to illustrate the perils of importing conflict along with immigrants.
6. The failed refugee claims of US Military Deserters. Jeremy Hinzman and Brandon Hughey, both opposed to serving in the 'illegal' US war in Iraq, sought and failed to obtain leave from the Supreme Court to hear their appeal of their failed refugee claims.
7. Security Certificate regime struck down by the Supreme Court - in an unanimous ruling, the top Court held that the system violated the Charter of Rights and Freedoms. The Court did give the government one year to rewrite the legislation. The certificates were challenged by counsel for Mohamed Harkat, Adil Charkaoui and Hassan Almrei. The (former) security certificate system allowed for the removal of non-citizens on the basis of secret evidence. New attempts to breathe life into the defunct legislation is meeting with resistance from Harkat, Charkaoui and Almrei.
8. Safe Third Country Agreement struck down. In a 'landmark' decision, Justice Phelan held that the US' policies and practices do not meet the pre-conditions necessary for Canada to designate it as a 'safe third country'. The agreement had been responsible for barring thousands of refugee applicants from applying for protection at the US-Canada border.
9. Omar Khadr - I had some concerns about putting Khadr on this 'immigrant news list'. While he is a Canadian (and not the subject of any immigration matters), one can easily say that he belongs to one of the most (in)famous immigrant families in Canada. The Canadian publics' response to his continued detention in Guantanamo has been one of indifference (and at one point there were calls to revoke citizenship/status). That aside, Khadr will forever be the poster boy of those advocating against a generous immigration policy -- fearful (perhaps not without cause) of radical/fundamentalist immigrants who will have cause to act as fifth columnists here in Canada.
10. The Canadian Charter of Rights and Freedoms. Marking its 25 anniversary in April 2007, the Charter has fundamentally changed immigration law and policy. From the 1985 Supreme Court decision in Singh (which provided for Charter protection to non-citizens in Canada) resulting in the creation of the Immigration and Refugee Board, to this years Supreme Court decision striking down the security certificate regime - the Charter is both a shield and a sword against the actions of the government in the arena of immigration law.