Asylum-seekers don't have that Charter right! Prof DEBUNKS a common IRCC myth

Added: 2026-05-25

[00:00:00]Madam Chair, thank you for having invited me.

[00:00:03]So, I spent a a lot of time analyzing immigration policies and laws, so it's a great honor for me to be here.

[00:00:10]And I'm impressed by the quality of the work carried out by the members of the three parties who are present. The very fact that you're examining the issue of the interprovincial distribution of Alliance versus a positive sign.

[00:00:24]Sharing responsibilities has always been a complicated issue.

[00:00:29]I began working on this subject 33 years ago.

[00:00:33]I was a part of a team of researchers funded by a major American foundations.

[00:00:38]The lesson I learned, which might be relevant for you, is the following.

[00:00:45]Proposals from the academic sector focus on the demands of human rights activists and they are not concerned with political constraints or the limit stations of government action.

[00:01:00]I believe you're in a better position to determine what is realistic or even necessary as you know the voters in your constituencies.

[00:01:10]I was asked by UNHCR to be a member of the independent commission on the Kosovo crisis 1999.

[00:01:16]The lesson I learned was the governments were ready to share the responsibilities, but human rights advocates would not accept involuntary transfers.

[00:01:26]They insisted on consent and that led to even bigger problems.

[00:01:32]Albanians from Kosovo started choosing the country they preferred in terms of socio-economic conditions despite the ongoing crisis.

[00:01:40]They could have gone to neighboring Albania where NATO built camps were waiting empty, but they actually wanted to go to rich countries like Germany.

[00:01:49]The 5,000 that came here did that as a second or third choice.

[00:01:54]There were flights organized by the Canadian government where people simply did not show up because they had better options.

[00:02:02]The CBC Radio-Canada correspondent on the ground didn't understand that the a bigger regional crisis was averted thanks in part to neighboring Greece that accepted involuntary transfers when the chaotic frontline reception at the Kosovo border was destabilizing the whole region.

[00:02:23]On this notion of consent 2 months ago, the committee asked a simple question of the Director General of asylum policy at the department. He replied that the Canadian Charter guarantees that asylum seekers, and I'm quoting, have the right to live wherever they want.

[00:02:40]It's clear that he's mistaken. Read section 6 of the Charter, which is unambiguous. The right to move or to reside in any province is guaranteed only to citizens and permanent residents.

[00:02:54]As temporary residents, asylum seekers do not have this right.

[00:02:59]It's striking that this sort of false idea is circulating within the department. If you believe consent is required, in my view, there's no point in proceeding with the study. Asylum seekers will simply head for the major urban centers.

[00:03:16]The next question to be addressed is whether relocation should be carried out using a generalized system which would be applicable to all asylum seekers as is the case in Germany.

[00:03:29]The alternative would be to have a system that applies only in emergency situations, such as the sea crossings that have affected Greece or Italy, or like the Roxham Road, which has disproportionately affected Quebec.

[00:03:47]distribution formula. For example, Italy has adopted a quota for municipalities with more than 1,000 residents.

[00:03:55]Germany Germany calculates according to tax revenues and population size for each of its federal states.

[00:04:04]I was in Germany 10 days ago. When a migrant claims asylum, a software algorithm automatically assigns a reception center in a specific land.

[00:04:13]Berlin, for example, is supposed to get 5% of all asylum seekers this year. So, to summarize, Canada could address the issue of provincial distribution of asylum seekers in a more equitable way.

[00:04:27]Firstly, responsibility becomes responsibility sharing becomes mandatory. Secondly, this dis- the distribution is part of the standard response. In other words, it applies to all asylum seekers.

[00:04:40]And thirdly, we establish a distribution formula that takes into account the social economic situation of the partners in the federation.

[00:04:51]If you need any clarifications, I would be happy to answer during the question period. Thank you, Madam Chair.