Stewart Sharma Harsanyi Immigration Law Firm Blog

Updated: Justice for Khadr

My own views on Omar Khadr have been evolving over time. I think that they've now crystallized: Omar Khadr should be returned to face justice in Canada - or face justice before a proper court in the US (their federal courts system). Having watched an episode of CTVs "Verdict" with Paula Todd (November 2007) - Dennis Edney (my old mentor from Edmonton) made an especially eloquent statement - that the military tribunal commission set up in Guantanamo is not good enough for adjudicating an American, or British (or Australian) individuals charged with being 'unlawful enemy combatants' - and so, why should it be sufficient for a Canadian? The Canadian Bar Association has joined the voices of Amnesty International et al. in calling for the repatriation of Omar Khadr to Canada from Guantanamo Bay. PDF of the CBA's letter to Prime Minister Harper here. While my personal opinion is that Omar Khadr has no one to blame for his particular situation but himself (and probably his terrorist inclined family), I have to admit (with some difficulty) that the matter involves fundamental justice, notwithstanding the (strange) indifference I may feel to the individual involved. it is a deep concern that Khadr has... Read more →

Updated: Segregation/Balkanization vs. The Canadian Mosaic

Just read a great article in the Toronto Star discussing Trevor Phillips, the 'controversial' leader of Britain's Commission on Equality and Human Rights - who believes 'too much tolerance of diversity' could lead to the [diasaster] of segregation: Phillips thinks it's [multiculturalism] become a counterproductive ideology, at least in the UK. If the aim was to soften differences and promote shared views and values, that's not how multiculturalism has played out. "What started as a straightforward recognition of diversity," he says, "has become a system which prizes racial and ethnic difference above all other values, and there lies the problem." I must say that I'm quite intrigued with Phillips' view of integration vs. multiculturalism. Another interesting article by Scott Young. He argues that the official policy of multiculturalism - that immigrants/minorities can retain their cultural heritage is coming at the expense of integration, resulting in the 'balkanization' of Canada: Unfortunately, attempting to reveal the perils of segregation is usually buried in simplistic accusations of racism (Remember Bruce Allen?) Canadians revel in the romanticism of Trudeau's multiculturalism, but fail to realize its role in creating ethnic ghettoes. Jack Granatstein stated: "The [Canadian] state should spend its limited funds on helping newcomers... Read more →

Sigh...Canada tackles immigration reform

Canada's Conservative government will introduce a measure to address the massive immigration backlog (currently at 850,000+ and resulting in an average processing time of 4 years): National Post article. The article also excerpts a Fraser Institute 2005 report indicating that immigrants are essentially a drain on the economy: A report by the Fraser Institute in 2005 suggested that only 23% of immigrants are net fiscal contributors to Canada at a cost to the taxpayer every year of more than $18-billion (although 60% of immigrants are from the "economic class," fewer than half that number pass the points test -- the remainder are spouses and children). Also - see this Canadian Press Report. Attempts to reform Canada's immigration system is usually something that I applaud - and the Conservatives do have a point - the immigrant backlog is something they largely inherited from the Liberals who utterly failed to address the widening cracks already visible in the system. However, rather than cause hardship to Canadian families, why not apply triage principles to current files? There are a number of applicants that are either clearly qualified (or clearly not qualified) to immigrate to Canada - a determination should be made on these... Read more →

Bill Gates on US immigration reform

Interesting article discussing Bill Gates' recent appearance before the Congressional House Science Committee: The toughest sell was the position of Gates, and others in high tech industries, that Congress raise the current cap of 65,000 H-1B visas, nonimmigrant visas that allow employers to hire foreign nationals with specific skills. The program also allows another 20,000 visas for foreign nationals receiving masters or doctoral degrees from U.S. universities. Current limits, he said have led to a “serious disruption” in the flow of talented science, technology, engineering and math graduates to U.S. companies. Gates said Microsoft and other firms have been forced to locate staff in countries more open to skilled foreign workers . Last year, Microsoft was unable to obtain H-1B visas for one-third of the qualified foreign-born job candidates it wanted to hire. Indeed, Canada was one of the countries "more open to skilled foreign workers" as indicated in this Global News Article: Microsoft Corp. said on Thursday it will open a software development center in Vancouver, giving it a place to employ skilled workers snagged by U.S. immigration quotas. It may signal the start of a new hiring trend, with other U.S. high-tech firms following in Microsoft's footsteps to... Read more →

'Canada's luster lost' (for Europeans anyway)

Interesting article from the Warsaw Business Journal that discusses the drop in European immigration to Canada, and the loss of Canada's 'luster': ... During the past five years, European immigration to Canada has dwindled, even as overall immigration to Canada has been on the rise. According to a Statistics Canada survey, Canada is now home to its largest population of new Canadians in 75 years, with 1.1 million newcomers arriving between 2001 and 2006. Of these, Europeans accounted for just 16.1 percent of newcomers, far fewer than those from Asian and Middle Eastern countries and down from 60 percent 30 years ago. The decline in the number of Poles relocating to Canada reflects the steady decline in European immigration to the country. ... Canada's luster lost ... ... A second factor affecting the trend is the increasing pull from within Europe. Following the European Union's enlargement in 2004, the United Kingdom, Sweden and Ireland have all opened their borders to Polish workers. A third factor is migrants' desires to remain close to their families. Since Canada is such a great distance from Poland, many find it too far to travel. By contrast, travel within Europe has become cheap and convenient.... Read more →

Canadian Live in Caregivers - Also known as Nannies...

Great article in the National Post on the trials and tribulations for Filipina nannies who leave their own families 10,000 km behind to care for someone else children. Excerpt: It's a bleak January morning in a Don Mills cafe when Elena Bautista explains why she left her husband and young daughters in the Philippines five years ago to look after someone else's children in Canada. "I came here for the future of my kids," says Bautista. "It's for a greener pasture." Bautista is one of tens of thousands of Filipina nannies who have come to Canada in search of a decent salary and a better life. Like many of the nannies, she hopes her family will one day be able to follow her to Canada. But there's a deep personal cost to her plans. ...Eight million Filipinos work overseas today, lured from home by developed world wages. Ten per cent of the country's population is abroad. They send back an estimated US$16-billion each year -- remittances are one of the most fruitful sectors of the Filipino economy and account for about 10% of the national gross domestic product. More than 6,000 Filipinas arrive in Canada under the federal government's live-in... Read more →