Have An Actual Entry/Exit Tracking System In Canada

(Global News tells “part” of the story on inadmissibles)

1. Previous Solutions Offered

A response that frequently comes up is for people to ask what to do about it. Instead of just constantly pointing out what is wrong, some constructive suggestions should be offered. This section contains a list of proposals that, if implemented, would benefit society. While the details may be difficult to implement, at least they are a starting point.

2. Important Links

(A) “https://canucklaw.ca/students-and-temporary-workers-how-many-actually-stay/
(B) https://canucklaw.ca/full-scale-of-inadmissibles-getting-residency-permits-what-global-news-leaves-out/
(C) https://canucklaw.ca/statscan-research-fake-students-using-visas-to-immigrate/
(D) https://canucklaw.ca/canadian-parliament-discusses-work-permits-that-are-issued-for-illegals/
(E) https://canucklaw.ca/canada-pathway-to-permanent-residence-for-illegals-their-families/
(F) https://canucklaw.ca/sanctuary-cities-an-end-run-around-having-borders/

(1) https://www.ctvnews.ca/canada/canada-to-begin-collecting-exit-passport-data-1.2947418
(2) http://archive.is/feDOA
(3) https://www.cbsa-asfc.gc.ca/btb-pdf/ebsiip-asfipi-eng.html
(4) http://archive.is/krWR3
(5) https://globalnews.ca/news/6040749/canada-border-services-agency-arrest-warrants-cancelled/
(6) http://archive.is/4jQA9
(7) https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/permanent-residence-construction-workers-gta.html
(8) http://archive.is/e6OYZ
(9) https://canadianlabour.ca/permanentresidence/
(10) http://archive.is/s3pq6
(11) https://www.thestar.com/news/canada/2008/05/07/41000_illegal_immigrants_gone_missing.html
(12) http://archive.is/bayYs
(13) https://torontosun.com/2017/03/14/the-high-cost-of-illegal-migrants/wcm/a2cdce17-4808-48df-9569-1247cba8bcf0
(14) http://archive.is/Xk9l4

Annual Immigration Reports To Parliament
(1) 2004 Annual Report to Parliament
(2) 2005 Annual Report to Parliament
(3) 2006 Annual Report to Parliament
(4) 2007 Annual Report to Parliament
(5) 2008 Annual Report to Parliament
(6) 2009 Annual Report to Parliament
(7) 2010 Annual Report to Parliament
(8) 2011 Annual Report to Parliament
(9) 2012 Annual Report to Parliament
(10) 2013 Annual Report to Parliament
(11) 2014 Annual Report to Parliament
(12) 2015 Annual Report to Parliament
(13) 2016 Annual Report to Parliament
(14) 2017 Annual Report to Parliament
(15) 2018 Annual Report to Parliament
(16) 2019 Annual Report to Parliament
(0) Archived listings of Reports

3. Context For This Article

For a nation to have meaningful borders, it must keep track of who is entering and exiting the country. It must do both, as merely recording the entrances is not enough.

Why is this? Because the nation will have no idea how many people actually remain in the country. A person entering on a tourist visa may leave Canada in a week, or may still be there a decade later.

Unfortunately for Canadians, all of the major parties at the Federal level (and many at the Provincial level) are not at all interested in providing meaningful border security to their people. It isn’t for a lack of knowledge of the subject, but instead it’s not on their agendas.

4. Trudeau: 4+ Years To Implement

In 2016, the Federal Government announced plans to start collecting exit information from people leaving the country. This really is common sense. While we (theoretically) know how many people, who, and when, are ENTERING Canada, until now they Government doesn’t track who is LEAVING. Perhaps we just take it on face that everyone leaves when they should.

And one of the major benefits stated is to help reduce immigration fraud. If a person is “counting time” towards living in Canada, but doesn’t actually live here, then the Immigration Ministry should know about it.

When this does get implemented, then a gaping hole in Canadian border security should be fixed, right? Maybe not.

Canada collects basic biographic information on travellers who enter and leave the country by land to ensure complete travel history information is available, thereby strengthening the management of our border.

Biographic entry information is routinely collected directly from all travellers entering Canada upon presentation to a CBSA officer at a port of entry as part of the primary inspection process. Canada also collects exit information in the land mode. Canada receives biographic entry information from the United States (U.S.) on all travellers who enter the U.S. through a land border crossing, thereby enabling the creation of a Canadian exit record.

Regulatory amendments for the air mode are expected to come into force in Summer 2020. Once fully implemented in the air mode, Canada will collect basic exit information directly from air carriers through passenger manifests. Exit information collected in the air mode will not be shared with the U.S.

The collection of exit information enhances the CBSA’s ability to manage border security by closing the loop on an individual’s travel history. This allows the CBSA to focus efforts and resources towards unknown or higher risk travellers.

This still isn’t fully implemented, and won’t be until at least 2020. That’s right, these changes were announced in 2016, and over three years later, are not fully implemented. Guess the potential fraud and security risks aren’t that great.

Right now, departures by air are not recorded by CBSA. Unless someone is travelling to the United States, (and even then not always) he/she is flying in a plane. Boating isn’t really a practical solution for international travel to and from Canada.

As for people wanted for criminal or other reasons, the CBSA (Canada Border Services Agency) has revealed that it deletes old arrest warrants.

Currently, there are more than 48,000 active arrest warrants in Canada for people wanted on immigration violations. According to the Canada Border Services Agency (CBSA), the “vast majority” of these cases involve people wanted for deportation.
But these figures may not tell the whole story.

Global News has learned the CBSA cancels arrest warrants for failed refugee claimants and other people wanted for removal who it cannot find, even in cases where it is not clear whether a person has left Canada.

What’s more, the CBSA does not track how many warrants it cancels in cases where a person’s whereabouts are unknown.
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Because the CBSA only recently started tracking people when they exit the country by land — and still doesn’t track people who leave by air — there’s no way for the government or CBSA to say for sure how many people have overstayed their welcome.

Back in the early 2000s, when he worked at the agency that would later become the CBSA, Sundberg says he was assigned to a team in Lethbridge, Alta., tasked with “culling” old warrants for people facing deportation whose cases had been in the system for at least five years.

The protocol for cancelling a warrant, Sundberg said, involved calling known associates of the wanted person, doing internet searches and checking criminal and entry records in other countries to see if someone wanted for arrest had left Canada voluntarily.

The Canada Border Services Agency apparently cancels warrants for people wanted for immigration violations, if the warrants are old.

Moreover, there appears to be no tracking of how many warrants get cancelled either. Just a hunch, but it probably looks bad in the CBSA’s eyes if they have a lot of outstanding warrants. Makes them look slow and unproductive. Alternatively, this could be a deliberate attempt to make sure that people in the country illegally and/or committing other crimes won’t be deported.

5. Previous Efforts At Entry/Exit

Phase I Joint Canada-United States Report
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Executive Summary
.
As part of the Beyond the Border Declaration and Action Plan agreed to by President Obama and Prime Minister Harper in 2011, the United States and Canada are developing a coordinated Entry/Exit Information System at their shared land border. The Entry/Exit Information System will facilitate exchanges of entry information such that an entry into one country is considered an exit from the other. This exchange will help better manage immigration program and border management practices, as it is important for Canada and the United States to determine when individuals both enter and depart our respective countries. For example, an Entry/Exit Information System will help determine whether third country nationals and permanent residents are complying with domestic immigration laws. This project can help move us closer to meeting this need through mutual collaboration and without expensive new infrastructure or unnecessary processing that would slow down trade and travel between the two countries.

The Entry/Exit Information System will be implemented in three phases. During the first phase, which began in September 2012 and concluded in January 2013, the countries exchanged biographic entry data only on third country nationals and permanent residents (but not U.S. or Canadian citizens) who crossed the common land border at four locations. This report covers the activities of Phase I.

In 2011, Canada and the U.S. reached an agreement to start an entry/exit system between the two countries. Not much progress has been made since.

6. Tourists Coming Into Canada Annually

TRV = Temporary Resident Visa
eTA = Electronic Travel Authorization

YEAR TRV Issued eTA Issued Totals Cumulative
2016 1,347,898 2,605,077 3,952,975
2017 1,617,222 4,109,918 5,570,197
2018 1,898,324 4,125,909 6,024,233

Certainly, the overwhelming majority of these people are simply tourists who will leave. However, without an exit tracking system, we don’t really know how many. That is just the official data for the last few years.

7. “Inadmissibles” Let Into Canada Anyway


(Source: 2019 Annual Report to Parliament on Immigration)

Broadly speaking, there are two provisions within IRPA, the Immigrant and Refugee Protection Act, that allow people who were previously deemed inadmissible to Canada to be given Temporary Resident Permits anyway. Here are the totals from the Annual Reports to Parliament on Immigration. Note: the first one listed only started in 2010.

YEAR TRP Issued
2010 17
2011 53
2012 53
2013 280
2014 385
2015 1,063
2016 596
2017 555
2018 669

From 2010 to 2018, a total of 3671 people who were otherwise inadmissible to Canada were allowed in anyway under Rule 25.2(1) of IRPA. This is the category that Global News previously reported on. As for the other one, under Rule 24(1) of IRPA, Global News leaves that out:

Year Permits Cumulative
2002 12,630 12,630
2003 12,069 24,699
2004 13,598 38,297
2005 13,970 52,267
2006 13,412 65,679
2007 13,244 78,923
2008 12,821 91,744
2009 15,640 107,384
2010 12,452 107,384
2011 11,526 118,910
2012 13,564 132,474
2013 13,115 145,589
2014 10,624 156,213
2015 10,333 166,546
2016 10,568 177,114
2017 9,221 186,335
2018 7,132 193,467

From 2002 to 2018 (inclusive), a total of 193,467 people previously deemed inadmissible to Canada were given Temporary Resident Permits anyway. This has almost certainly been going on for a lot longer, but is as far back as the reports go. Now let’s consider the reasons these people are initially refused entry.

SEC = Security (espionage, subversion, terrorism)
HRV = Human or International Rights Violations
CRIM = Criminal
S.CRIM = Serious Criminal
NC = Non Compliance
MR = Misrepresentation

YEAR Total SEC HRV Crim S.Crim NC MR
2002 12,630 ? ? ? ? ? ?
2003 12,069 17 25 5,530 869 4,855 39
2004 13,598 12 12 7,096 953 4,981 20
2005 13,970 27 15 7,917 981 4,635 21
2006 13,412 29 20 7,421 982 4,387 18
2007 13,244 25 8 7,539 977 4,109 14
2008 12,821 73 18 7,108 898 4,170 17
2009 15,640 32 23 6,619 880 7,512 10
2010 12,452 86 24 6,451 907 4,423 36
2011 11,526 37 14 6,227 899 3,932 11
2012 13,564 20 15 7,014 888 5,206 18
2013 13,115 17 10 6,816 843 5,135 8
2014 10,624 12 2 5,807 716 3,895 14
2015 10,333 3 3 5,305 578 4,315 28
2016 10,568 8 4 4,509 534 2,788 20
2017 9,221 10 5 5,035 591 3,412 121
2018 7,132 5 3 4,132 559 2,299 131

The original work for this section was done back in December 2019, but the findings as just as valid today.

8. Ghost Students Coming On Visas

(StatsCan research on students, including fake student visas)

(Large numbers of student visa holders are not enrolled)

The IMDB contains information on all temporary and permanent residents since 1980. For the purposes of this study, only the information on temporary residents was used. Specifically, the number of valid postsecondary study permit holders was generated to compare it with the actual number of international students enrolled in postsecondary programs based on data from PSIS, which contains program information for all students enrolled in Canadian public postsecondary institutions. Immigration status is listed in PSIS because postsecondary institutions are allowed to charge international students higher tuition fees than Canadian students, and this information is collected annually. Three groups were analyzed separately in this study: Canadian citizens, permanent residents, and student visa or permit holders (international students). The T1FF is a census of all Canadian taxfilers and their spouses and children. It contains detailed income information as well as basic demographics. The information on T4 wages and salaries in the T1FF was of particular interest in this study.

The study found that approximately 69.5% of postsecondary study permit holders actually enrolled in a postsecondary program in 2015—up from 51.8% in 2009. Between 2009 and 2015, the number of international postsecondary students nearly doubled. This resulted in a significant increase in the proportion of postsecondary students who were international students (from 6.6% in 2009 to 11.3% in 2015). International students enrolled in university bachelor’s degree programs accounted for about half of this increase. Although a smaller proportion of international students enrolled in college diploma programs, this was the fastest-growing group—accounting for 19.8% of international students in 2015, compared with 12.0% in 2009. In general, international students were more likely to be enrolled in university graduate programs and in higher-paying fields than Canadian students.

The research concludes, that large numbers of people on student visas are not actually enrolled in a Canadian school. While it is true that some people could have stayed home or gone elsewhere, student visas are cancelled if the person changes their mind. So the obvious question: where are these people, and what are they doing?

One of the reasons why international students were less likely to be employed than Canadian students might be because of the rules governing international students’ right to work. Prior to June 1, 2014, international students had to obtain a permit to work off campus and had to study for a period of at least six months before doing so. As of June 1, 2014, these rules are no longer in place, which may result in higher international student employment rates in the future.

Yes, the rules have been relaxed, and that means more and more students are “students” will be working while in school. Sort of a no brainer.

In the future, linking the Longitudinal Immigration Database (IMDB) data with postsecondary and taxation data could open new opportunities for research on international students. First, the IMDB could be used to disaggregate the results of this study by country of citizenship. Second, the relationship between educational experience and the transition to permanent residency could be explored. Third, international students may transition to a post-graduation work permit after completing their studies—future research could examine whether this type of work permit is associated with superior labour market outcomes and an increased propensity to transition to permanent residency.

These last remarks are from the conclusion. It seems to around the obvious, that student visas are a pathway to permanent residence. There is the Provincial Nominee Program, Atlantic Pilot Project, and other such options Even if not right away, the Post Graduate Work Program is one possibility to get PR at a later date.

9. Scale Of Students/Temp Workers

Year Stu TFWP IMP Total
2003 61,293 82,151 143,444

2004 56,536 90,668 147,204

2005 57,476 99,146 156,622

2006 61,703 112,658 174,361

2007 64,636 165,198 229,834

2008 79,509 192,519 272,028

2009 85,140 178,478 263,618

2010 96,157 182,276 278,433

2011 98,383 190,842 289,225

2012 104,810 213,573 318,383

2013 111,865 221,310 333,175

2014 127,698 95,086 197,924 420,078

2015 219,143 73,016 175,967 468,126

2016 265,111 78,402 207,829 551,342

2017 317,328 78,788 224,033 620,149

2018 356,876 84,229 255,034 696,139

Data compiled from the Annual Immigration Reports to Parliament. True, not everyone will stay illegally, or even stay at all. Still, with these numbers of people entering Canada, wouldn’t it be helpful to have some sort of exit tracking system to see who actually leaves?

Note: there is a small discrepancy between the 2018 and 2019 reports, as the temporary categories are adjusted slightly downwards. Now sure why, but could be a counting error.

10. Visa Overstayers In Canada

It’s a commonly repeated talking point that the overwhelming majority of people in Western nations (particularly Canada and the U.S.) are people who have entered on some sort of visa and overstayed. This means they come legally, and didn’t honour their promise to leave afterwards.

While this claim may be true, it points to an even stronger argument in favour of having a full entry/exit tracking system. Citizens need to know that people who enter (under whatever program) are in fact leaving afterwards.

11. Work Permits For Illegals

Yes, that has seriously discussed in the Federal Parliament: giving people entering the country illegally temporary work permits. The stated rational is that it would help cover the costs. Sure, not letting them into the country in the first place would lower costs, but that’s racist to point out.

(Sept 28, 2017 “Evidence”)

Here are some quotes from the meeting. The topic of open work permits will be mentioned many times in these 5 meetings.

[Translation]
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Through these measures, we are working to reduce the wait times for eligibility interviews from a few months to a few weeks, after which eligible claims are referred to the IRB.
[English]
This timely scheduling of eligibility interviews is crucial because in order to apply for an open work permit, an asylum seeker must first have their initial eligibility interview, have their claim referred to the IRB, and undergo an immigration medical examination.
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To also help ease pressures, IRCC has begun to fast-track all work permit applications across Canada from asylum claimants with a commitment to process these within 30 days. In most cases, asylum claimants become eligible for interim federal health program, IFHP, coverage only after an officer has determined that their claim is eligible to be heard before the IRB. IFHP coverage is now available to asylum seekers who enter Canada between ports of entry in Lacolle, and are being processed on or after June 1, for those who have not yet had an eligibility interview.
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To date, more than 5,600 persons have been issued this interim federal health program coverage under this special provision.
In closing, Chairs, IRCC, with the CBSA and all other partners in the federal family, continue to address irregular migration in accordance with Canadian and international law and in keeping with our values of an open and welcoming country.

A/Commr Joanne Crampton:
In terms of someone crossing the border between the ports of entry, the RCMP would intercept the person or persons. We then advise them that they are breaking the law under the Customs Act by crossing the border between ports of entry. The persons are then detained. Their possessions are searched to ensure there is no contraband or other illegal items. Their person is searched, because they are under arrest under the Customs Act. We then verify their identification. We do background checks and local indices checks, as well as international indices checks. If there is no noted criminality or concerns for national security and, once we have interviewed them and had a lengthy discussion as to where they came from and what their intentions are, if nothing negative comes as a result of that, we pass the individual over to Canada Border Services for further processing.

Mr. Jacques Cloutier:
At this point, for the CBSA, we receive the individual from the RCMP, as well as the information collected by the RCMP. We proceed with fingerprinting, taking of biometric information, and a cursory interview to elicit additional information. We verify identity. In those cases where we are satisfied that there are no immigration-related issues from an admissibility perspective, these individuals would be released on the terms and conditions and given an appointment to complete their eligibility interview. In cases where issues are discovered, several actions are taken immediately, including completing the interview for eligibility in its entirety, or proceeding with detention if the person is deemed to pose a risk to the public.

To be clear, the police are not detaining people illegally crossing the border for any length of time. Once identity (or who they allege to be) is determined, then they are released into Canada on a promise to appear.

Ms. Jenny Kwan:
If I may interrupt, I’ll ask if you can share this information with the committee then. Has the federal government provided any additional resources to provinces with these asylum seekers, not just for the housing component but also to support the asylum seekers as they wait for their claims to be processed?
.
Mr. Michael MacDonald:
The federal government does not provide direct support to provinces for asylum seekers awaiting their claims. The support comes at the permanent resident granting determination process, afterwards. That being said, we have taken various measures to help the provinces and to help asylum seekers by expediting across Canada all work permit applications and trying to—
.
Ms. Jenny Kwan:
If I may interrupt then, how many work permit applications have been processed and approved?
.
Mr. Michael MacDonald:
About six or seven weeks ago, we had over 6,000 work permit applications for all asylum seekers across Canada in our inventory. That is now almost eliminated, and we are processing in under 30 days any new asylum seeker’s work permit that is coming in from across Canada. We are doing those in well under 30 days. The idea is to help people get into the work force quicker.

Exactly, Very few if them will ever be forced to leave Canada. This is about putting them to work as cheap labour. Funny how the “conservatives” seem less apprehensive about illegals in this context.

Mr. Michael MacDonald:
The key to this from our perspective is allowing all asylum claimants to get their work permit faster and be able to enter the workforce if they have to.
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At the same time, we work with community organizations as part of our regular outreach, and we do that across Canada so partnerships and getting that work permit is the key.

The abovhttps://www.ourcommons.ca/DocumentViewer/en/42-1/CIMM/meeting-71/evidencee is quotes from just one meeting held by the committee. Below are links for the others. Also, read the previous article done on the topic.

(1) https://www.ourcommons.ca/Committees/en/CIMM/StudyActivity?studyActivityId=9661587
(2) http://archive.is/elDlW
(3) https://www.ourcommons.ca/DocumentViewer/en/42-1/CIMM/meeting-71/evidence
(4) http://archive.is/uxtIR
(5) https://www.ourcommons.ca/DocumentViewer/en/42-1/CIMM/meeting-72/evidence
(6) http://archive.is/cAsj9
(7) https://www.ourcommons.ca/DocumentViewer/en/42-1/CIMM/meeting-73/evidence
(8) http://archive.is/H7uM7
(9) https://www.ourcommons.ca/DocumentViewer/en/42-1/CIMM/meeting-108/evidence
(10) http://archive.is/GBRrl
(11) https://www.ourcommons.ca/DocumentViewer/en/42-1/CIMM/meeting-112/evidence
(12) http://archive.is/zIFLn
(13) https://www150.statcan.gc.ca/n1/pub/89-611-x/89-611-x2003001-eng.pdf

12. Amnesty For Illegals Started Up

(Program launched in July:, 2019 PR-Path for illegals)

(Canadian Labour Congress)

See this previous piece, for more context on the situation. This is a start up amnesty program for illegals in Canada. It could lead to them (and family members) becoming permanent residents.

Ottawa, July 5, 2019 – Canada has launched a new temporary initiative to create a pathway to permanent residency for up to 500 out-of-status workers in the construction industry in the Greater Toronto Area (GTA). These construction workers have come to Canada and made contributions to its economy and currently have limited means to regularize their status.

And if this “temporary” initiative is deemed to be successful, then how much will it be extended by? Guaranteed it is not 500 people.

Over many years, even decades, some workers who have come to Canada with valid temporary resident status, and who have filled labour shortages in the construction industry, have fallen out of status. Previous changes, such as “four in, four out”, have resulted in some workers losing their status. These workers have continued to address significant labour shortages in the construction industry, while also contributing to the economy and their communities. Without valid immigration status, these workers and their families have lived in fear and been left feeling very vulnerable. The presence of out-of-status workers in a significant industry leads to depressed wages for Canadians and makes workers vulnerable to employer exploitation and abuse.

Over many years and decades? So the government admits that people have been overstaying visas or work permits for decades. Why hasn’t this been addressed long ago.

Illegals living in Canada leads to depressed wages? I would actually agree, but up to a point. Yes, the extra labour available does drive down wages. However, that would still be the case even if they were “legalized”. It would still be an abundance of cheap labour.

So how many illegals are there, particularly in major cities? Who knows, it’s not like we actually track who is leaving Canada.

13. Sanctuary Cities/Provinces

(Andrea Horwath ran to be Ontario Premier in June 2018. She offered the entire Province of Ontario to become a “sanctuary” Province)

NDP Leader Andrea Horwath dodged questions Tuesday about how much her campaign promise to declare Ontario a “sanctuary province” for illegal migrants and refugee claimants will cost taxpayers.

Instead, she said providing public services without asking questions about anyone’s legal status in Ontario, or co-operating with federal authorities to determine it, is the humane thing to do.

During the 2018 Provincial election campaign in Ontario, NDP Leader Andrea Horwath campaigned on (among other things), turning Ontario into a sanctuary province. She claimed providing social services to people with no legal right to be in the country was “humane”. Unsurprisingly, she refused to tell the public how much it would cost, fearing a backlash.

To be fair however, Conservative leader Doug Ford supported Toronto becoming a sanctuary city. So did his brother, Rob Ford. Both men claimed to be “populists” yet supported giving illegal aliens (with no right to be in the country), the right to remain in Toronto and receive taxpayer funded services. It also needs to be said that John Tory, the current mayor of Toronto, supports sanctuary cities as well. He used to be the leader of the Conservative Party of Ontario.

Not tracking the names and numbers of people leaving the country is bad enough. When corrupt politicians enact policies such as sanctuary cities/provinces it makes it a whole lot worse, as government officials are aiding and abetting in circumventing good policies.

While “Sanctuary Ontario” is not yet a reality, several sanctuary cities are, such as Toronto, Montreal, Hamilton and Edmonton. Also noteworthy is that “conservative” Ontario Premier Doug Ford supported Sanctuary Toronto when he was on the city council. Current Toronto Mayor John Tory (formerly the Ontario Conservative Leader) also supports sanctuary status for his city.

14. Impact Of Not Tracking Exits

These are some of the things that Canadians need to think about with regards to their borders. This list is not exhaustive.

  • Temporary resident visas
  • Electronic travel authorizations
  • Inadmissibles let in under 24(1) of IRPA
  • Inadmissibles let in under 25.2(1) of IRPA
  • Hordes of student and temporary work visas
  • Visa overstayers
  • Work permits for illegals
  • Amnesty for illegals
  • Sanctuary cities/provinces

With all of these issues to consider, why would any sane government not want to have a strong and accurate entry/exit system at the borders? The only reason I can think of is that it is intentionally designed to fail.

Any serious leader would have crafted new rules right away, and used their executive power immediately to at least stop the bleeding. But much like Donald Trump and his “wall” Canadian Federal politicians are not serious about border security.

Canada Already Endorsed IHRA Definition, Making It A Hate Crime To Criticise Jews

1. Important Links

CLICK HERE, for Ontario’s Bill 168, IHRA definition.
CLICK HERE, for previous piece on UN digital cooperation.
CLICK HERE, for piece on Richard Lee and UN internet governance.

CLICK HERE, for Canada’s anti-racism strategy.
http://archive.is/MuIex
CLICK HERE, for Canada’s anti-racism report.
ARS-Report-EN-2019-2022
CLICK HERE, for the Digital Charter.
Digital Charter PDF

CLICK HERE, for the IHRA definition of anti-Semitism.

2. Context For This Article

About the last piece (Ontario’s Bill 168) which would label criticism of Jews as hate speech, things are actually much worse. Things have been that way since May 2019. See this publication from the Federal Government.

To get this out of the way: I don’t know if this endorsement has any legal effect, and can be the basis for charging someone criminally or with hate crimes. Nonetheless, it is pretty chilling that any government which values freedom would entertain the idea of curtailing free speech to appease the never ending demands of this group.

We hear so often that something is “symbolic”, or not to worry because it’s “non-binding”. What then is the point of enacting or endorsing something with no real effect?

Iqra Khalid continues to be mocked (and rightfully so) for introducing M-103, the so-called blasphemy motion. This would ban Islamophobia, but without actually defining it. Yet, the Israeli lobby successfully advocates to have criticism of Jews banned as anti-Semitism — and the media says nothing. The double standard is obvious.

It’s hard to tell how much of this “anti-racism” strategy is throwing money around and virtue signalling, and how much will actually result in concrete action.

3. Anti-Racism Strategy Is Giant Slush Fund

In reading through the posted strategy, we come across the following figures. Note, there doesn’t seem to be any sign for how the spending of this money will be accountable to the public.

  • $40B for national housing strategy
  • $319M for Indigenous housing
  • $671M for criminal legal aid
  • $141.7M for youth in conflict with the law
  • $19M for black youths
  • $9M for Indigenous post secondary schooling
  • $20M/year for “sector initiatives”
  • $21M for foreign credential recognition
  • $900M more for workplace developments
  • $705M for social finance fund
  • $50M for Indigenous Growth Fund
  • $12.1M (for now) for poverty reduction
  • $25M/year union training and innovation
  • $46M (5 years) for skilled trades awareness
  • $38M for pathways to education
  • $400M/year for Aboriginal employment
  • $50M skills and partnership fund
  • $25M/year literacy training
  • $90M/year youth employment strategies
  • $12M/year for refugee and immigrant legal aid
  • $45M/year for postsecondary support
  • $40M/year on reserve income assistance
  • $10M/year for Indigenous urban programming
  • $5M/year to help Indigenous be self sufficient
  • $8M/year for family violence prevention
  • $10M/year for sports in Indigenous communities
  • $4M for arts and culture
  • $1.4M for arts training fund
  • $4M for cultural spaces fund
  • $11M/year for multiculturalism program
  • $5M/year for court challenges
  • $13M/year reintegrate Aboriginal offenders
  • $54M/year in crime prevention
  • $10M/year for violence prevention
  • $0.5M/year for cultural competency training
  • $0.3M/year for youth leadership
  • $1.2M/year for inclusivity statistics

Plenty of pork being thrown around in the 2019 anti-racism strategy. But don’t worry, everyone except whites will be able to have a victim complex.

4. IHRA Definition Adopted

Under the section of “TERMINOLOGY”, the document lists a bunch of different terms, including anti-Semitism. It comes directly from the IHRA definition of Anti-Semitism. (It is footnote #2).

Antisemitism
Antisemitism is a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities.

And at the bottom of the page, it specifically lists the IHRA working definition as the source.

International Holocaust Remembrance Alliance “Working Definition of Antisemitism”. For further information, visit: https://www.holocaustremembrance.com/working-definition-antisemitism.

5. IHRA Definition Of Anti-Semitism

On 26 May 2016, the Plenary in Bucharest decided to:
.
Adopt the following non-legally binding working definition of antisemitism:
.
“Antisemitism is a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities.”

Don’t worry. While this sounds pretty vague, it is about to get much, MUCH more detailed in what exactly counts as anti-Semitism.

To guide IHRA in its work, the following examples may serve as illustrations:

Manifestations might include the targeting of the state of Israel, conceived as a Jewish collectivity. However, criticism of Israel similar to that leveled against any other country cannot be regarded as antisemitic. Antisemitism frequently charges Jews with conspiring to harm humanity, and it is often used to blame Jews for “why things go wrong.” It is expressed in speech, writing, visual forms and action, and employs sinister stereotypes and negative character traits.

Contemporary examples of antisemitism in public life, the media, schools, the workplace, and in the religious sphere could, taking into account the overall context, include, but are not limited to:

  • Calling for, aiding, or justifying the killing or harming of Jews in the name of a radical ideology or an extremist view of religion.
  • Making mendacious, dehumanizing, demonizing, or stereotypical allegations about Jews as such or the power of Jews as collective — such as, especially but not exclusively, the myth about a world Jewish conspiracy or of Jews controlling the media, economy, government or other societal institutions.
  • Accusing Jews as a people of being responsible for real or imagined wrongdoing committed by a single Jewish person or group, or even for acts committed by non-Jews.
  • Denying the fact, scope, mechanisms (e.g. gas chambers) or intentionality of the genocide of the Jewish people at the hands of National Socialist Germany and its supporters and accomplices during World War II (the Holocaust).
  • Accusing the Jews as a people, or Israel as a state, of inventing or exaggerating the Holocaust.
  • Accusing Jewish citizens of being more loyal to Israel, or to the alleged priorities of Jews worldwide, than to the interests of their own nations.
  • Denying the Jewish people their right to self-determination, e.g., by claiming that the existence of a State of Israel is a racist endeavor.
  • Applying double standards by requiring of it a behavior not expected or demanded of any other democratic nation.
  • Using the symbols and images associated with classic antisemitism (e.g., claims of Jews killing Jesus or blood libel) to characterize Israel or Israelis.
  • Drawing comparisons of contemporary Israeli policy to that of the Nazis.
  • Holding Jews collectively responsible for actions of the state of Israel.

Antisemitic acts are criminal when they are so defined by law (for example, denial of the Holocaust or distribution of antisemitic materials in some countries).
.
Criminal acts are antisemitic when the targets of attacks, whether they are people or property – such as buildings, schools, places of worship and cemeteries – are selected because they are, or are perceived to be, Jewish or linked to Jews.
.
Antisemitic discrimination is the denial to Jews of opportunities or services available to others and is illegal in many countries.

Just reading the definition provided, it has to be asked: what DOESN’T make the list? What ISN’T anti-Semitism according to these people?

When it refers to anti-Semitic acts as criminal, is that in indication that criminalization of “anti-Semitism” is where they intend to go with this?

6. Jewish Media Celebrates Adoption Of IHRA Def.

The Canadian Jewish News covered the story.

The Center for Israel & Jewish Affairs covered it.

The Jerusalem Post covered it.

The Times of Israel covered it. Also note: Shimon Fogel is the President and CEO of CIJA, the Center for Israel and Jewish Affairs.

This is of course, just a sample of what is out there. But the point is that the Israeli and Jewish presses are on top of this story (which actually happened in the Spring of 2019). Mainstream media has chosen not to cover it, but mock Muslims for THEIR efforts to limit free speech.

7. Online Censorship Coming?

From the anti-racism report issued, the topic on online policing of “hate”, whatever that may be, is addressed.

Through our engagement with communities and people with lived experiences, we heard that Black Canadians, Muslims and Jewish communities are some of the groups who experience hate crimes disproportionately. There are also growing national and international concerns around the spread of online hate speech. We have even seen its impacts here at home when six lives were lost and many others injured during a horrific shooting at a mosque in Quebec City.

Interestingly, no mention of the rampant, anti-White racism that exists in today’s society. Whites are the only racial group that it is legal to discriminate against. But do go on.

Online platforms have increasingly become a tool to incite, publish and promote terrorism, violence and hatred. The March 2019 terror attack in Christchurch, New Zealand was a harrowing reminder that we need to take coordinated action to prevent social media and other online platforms from being used in these ways. That is why Canada joined the Christchurch Call to Action – a global pledge to eliminate terrorist and violent extremist content online. Through the Christchurch Call, governments and online services provider are making voluntary, collective commitments to combat online hate.

On some level it seems harmless enough. But how exactly do we make sure that these new powers won’t be abused to silence those who simply express unpopular opinions?

On a related note, internet regulation has long been proposed by the United Nations, and by a former Liberal candidate, long before the digital charter.

8. What Is The Actual Effect?

I don’t know. It’s unclear whether this is just pandering and symbolic, or whether there will be some real teeth in the measure. We won’t know until someone is fined or charged under it, and fights back.

B’nai Brith Canada Is Anti-Free Speech, Ontario’s Bill 168

1. Important Links

(1) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/advSrch?V_SEARCH.command=refineCategory&V_TOKEN=1234567890&V_SEARCH.scopeCategory=solr.facetName.subjectMatters%3D5
(2) http://archive.is/3hU27
(3) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/vwRg?cno=12176&regId=496692
(4) http://archive.is/jcNOM
(5) https://www.bnaibrith.ca/our_appeal_to_the_prime_minister_confronting_antisemitism_will_strengthen_national_unity
(6) http://archive.is/diKdj
(7) https://www.bnaibrith.ca/our_letter_to_the_prime_minister
(8) http://archive.is/rBhiF
(9) https://www.bnaibrith.ca/b_nai_brith_canada_welcomes_government_s_acceptance_of_ihra_definition_of_antisemitism
(10) http://archive.is/mXEUO
(11) https://www.holocaustremembrance.com/working-definition-antisemitism
(12) http://archive.is/4tjCw
(13) https://www.robinmartinmpp.ca/bill168
(14) http://archive.is/IuWAY
(15) https://www.canada.ca/en/canadian-heritage/campaigns/anti-racism-engagement/anti-racism-strategy.html
(16) http://archive.is/nUEwE
(17) https://www.ola.org/en/legislative-business/bills/parliament-42/session-1/bill-168
(18) http://archive.is/PPk8V

2. Corporate Documents

B’nai Brith League For Human Rights
bblhr.01.bylaws
bblhr.02.change.registered.office
bblhr.03.amendments
bblhr.04.certificate.of.incorporation
bblhr.05.director.changes

B’nai Brith National Organization
bbno.01.director.changes
bbno.02.certificate.of.incorporation
bbno.03.change.registered.office
bbno.04.notice.of.financials

3. B’nai Brith & The Lobbying Commission

A very disturbing sight: broadcasting. Want to take a bet that B’nai Brith is (among other things) pushing for more speech restrictions?

B. Lobbyists Employed by the Organization
Name: LISA ARMONY
Position title: INSTITUTE FOR INTERNATIONAL AFFAIRS, NAT’L DIRECTR
Public offices held: N/A. Disclosure of this information was not a requirement prior to June 20, 2005.

Name: JOYCE ASTER
Position title: ONTARIO REGIONAL OFFICE, DIRECTOR
Public offices held: N/A. Disclosure of this information was not a requirement prior to June 20, 2005.

Name: DAVID COOPER
Position title: LEAGUE FOR HUMAN RIGHTS, RESEARCH & COMMUNICATIONS
Public offices held: N/A. Disclosure of this information was not a requirement prior to June 20, 2005.

Name: FRANK DIMANT
Position title: Executive Vice President
Public offices held: N/A. Disclosure of this information was not a requirement prior to June 20, 2005.

Name: RUBIN FRIEDMAN
Position title: GOVERNMENT RELATIONS OFFICE, DIRECTOR
Public offices held: N/A. Disclosure of this information was not a requirement prior to June 20, 2005.

Name: PEARL GLADMAN
Position title: NATIONAL FIELD SERVICES, NATIONAL DIRECTOR
Public offices held: N/A. Disclosure of this information was not a requirement prior to June 20, 2005.

Name: ANAT LEWIN
Position title: INSTITUTE FOR INT’L AFFAIRS, RESEARCH & POLICY
Public offices held: N/A. Disclosure of this information was not a requirement prior to June 20, 2005.

Name: ROBERT LIBMAN
Position title: QUEBEC REGIONAL OFFICE, DIRECTOR
Public offices held: N/A. Disclosure of this information was not a requirement prior to June 20, 2005.

Name: KAREN MOCK
Position title: LEAGUE FOR HUMAN RIGHTS, NATIONAL DIRECTOR
Public offices held: N/A. Disclosure of this information was not a requirement prior to June 20, 2005.

Although the lobbying reports found are from around 20 years ago, they show B’nai Brith had a persistent interest in lobbying Parliament on a variety of topics.

4. B’nai Brith’s Anti-Free Speech Agenda

Also included is the letter to the Prime Minister.

Quote: Among the main priorities also raised with the Prime Minister are:

  • Ensuring that Canada’s new Anti-Racism Strategy will address concerns of and threats to religious minorities, including the Jewish community.
  • Pursuing standardized and mandatory education curricula on antisemitism and the Holocaust, in collaboration with the provinces and territories.
  • Creating a federal position to coordinate domestic action on antisemitism, working with a special envoy to combat antisemitism globally.
  • Fully implementing the International Holocaust Remembrance Alliance’s (IHRA) Working Definition of Antisemitism, as adopted by the federal government in June, and launching a program to educate Canadians about it.
  • Adopting the recommendations made in November by the United Nations Special Rapporteur on Freedom of Religion or Belief and its landmark report on antisemitism.

“Antisemitism must be addressed through a national effort that strengthens our society and promotes unity,” said Michael Mostyn, Chief Executive Officer of B’nai Brith Canada. “Given the importance of federal leadership, and the beginning of a brand new Parliament, raising the concerns of our community at this time is essential. [End quote]

In a practical sense, how is this different than Iqra Khalid wanting to make “Islamophobia” illegal? The Islamists and the Zionists are using essentially the same tactics.

5. Gov’t Adopts IHRA Def’n Of Anitsemitism

Antisemitism
Antisemitism is a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities.
Footnote 2

Of course, footnote #2 comes from:

International Holocaust Remembrance Alliance “Working Definition of Antisemitism”. For further information, visit: https://www.holocaustremembrance.com/working-definition-antisemitism.

But don’t worry kids, it’s not binding.

6. What Is IHRA Definition Of Anitsemitism?

Does it sound scary? Well, here is the definition of anti-Semitism IHRA provides:

To guide IHRA in its work, the following examples may serve as illustrations:

Manifestations might include the targeting of the state of Israel, conceived as a Jewish collectivity. However, criticism of Israel similar to that leveled against any other country cannot be regarded as antisemitic.

Antisemitism frequently charges Jews with conspiring to harm humanity, and it is often used to blame Jews for “why things go wrong.” It is expressed in speech, writing, visual forms and action, and employs sinister stereotypes and negative character traits.

Contemporary examples of antisemitism in public life, the media, schools, the workplace, and in the religious sphere could, taking into account the overall context, include, but are not limited to:

-Calling for, aiding, or justifying the killing or harming of Jews in the name of a radical ideology or an extremist view of religion.

-Making mendacious, dehumanizing, demonizing, or stereotypical allegations about Jews as such or the power of Jews as collective — such as, especially but not exclusively, the myth about a world Jewish conspiracy or of Jews controlling the media, economy, government or other societal institutions.

-Accusing Jews as a people of being responsible for real or imagined wrongdoing committed by a single Jewish person or group, or even for acts committed by non-Jews.

-Denying the fact, scope, mechanisms (e.g. gas chambers) or intentionality of the genocide of the Jewish people at the hands of National Socialist Germany and its supporters and accomplices during World War II (the Holocaust).
Accusing the Jews as a people, or Israel as a state, of inventing or exaggerating the Holocaust.

-Accusing Jewish citizens of being more loyal to Israel, or to the alleged priorities of Jews worldwide, than to the interests of their own nations.

-Denying the Jewish people their right to self-determination, e.g., by claiming that the existence of a State of Israel is a racist endeavor.

-Applying double standards by requiring of it a behavior not expected or demanded of any other democratic nation.
Using the symbols and images associated with classic antisemitism (e.g., claims of Jews killing Jesus or blood libel) to characterize Israel or Israelis.

-Drawing comparisons of contemporary Israeli policy to that of the Nazis.

-Holding Jews collectively responsible for actions of the state of Israel.

-Antisemitic acts are criminal when they are so defined by law (for example, denial of the Holocaust or distribution of antisemitic materials in some countries).

Criminal acts are antisemitic when the targets of attacks, whether they are people or property – such as buildings, schools, places of worship and cemeteries – are selected because they are, or are perceived to be, Jewish or linked to Jews.

Antisemitic discrimination is the denial to Jews of opportunities or services available to others and is illegal in many countries.

What a lot of projection here. And what an attempt to criminalise things that are in fact true:
(a) A lot of Jews “are” more loyal to Israel than where they live
(b) Why can’t the Holocaust be questioned? Every other event in human history is allowed to be questioned, but not this apparently.
(c) Nothing wrong with Jews having their own place. The problem arises in the double standard hypocrisy, where Jews try to open borders of OTHER nations.
(d) Making dehumanizing or stereotypical comments? Sure that won’t ever be abused.

7. Other Media On A-S Definition Acceptance

From the Jerusalum Post:

The Minister of Canadian Heritage and Multiculturalism, Pablo Rodríguez, announced on Tuesday that the Canadian government intends to adopt the International Holocaust Remembrance Alliance’s (IHRA) definition of antisemitism as part of its anti-racism strategy.

From the Jewish News Syndicate

“Canada adopting IHRA’s definition of antisemitism is an important symbolic and declaratory move,” said NGO Monitor founder and president Gerald Steinberg. “We hope that the next steps will pertain to its implementation within Canadian policy, including regarding Canadian international aid and support of NGOs.”

B’nai Brith Canada labeled the IHRA standard “the most universally accepted and expertly driven definition of anti-Semitism available today,” and one that “enjoys unprecedented consensus.”

8. B’nai Brith’s 8-Pt Plan On Antisemitism

bnaibrith.8.point.plan

[1] INSTITUTE DEDICATED HATE CRIME UNITS IN EVERY MAJOR CITY The lack of investment in hate crime-specifi c units contributes to both a perceived sense of impunity for the purveyors of hate crimes and generates frustration on the part of affected communities. Dedicated hate crimes units could produce more substantive results in the field.

[2] PROVIDE ENHANCED TRAINING FOR HATE CRIMES OFFICERS What often appears to be a clear-cut case of a hate crime can be interpreted differently among police services. A standard understanding of what constitutes a hate crime is critical, as well as proper liaison functions between police services and civil society organizations representing affected communities, such as the League for Human Rights.

[3] PUBLISH THE ATTORNEY-GENERAL’S GUIDELINES FOR SECTIONS 318 AND 319 The Attorney-General’s decision-making process on hate propaganda prosecutions is not public and therefore open to charges of political bias. B’nai Brith believes revealing the internal guidelines elucidating this process will help the public know when to submit complaints to law enforcement, and clarify what is and is not legal.

[4] DECLARE A ZERO-TOLERANCE APPROACH TO GOVERNMENT FUNDING OF ANTISEMITISM Government funding has again found its way to organizations that have promoted antisemitism in the past. Government must be vigilant when dispensing public funds to such organizations, and take swift action when such instances come to its attention, including an immediate withdrawal of all publicly-provided funds.

[5] INTRODUCE ANTI-SLAPP LEGISLATION IN ALL PROVINCES AND TERRITORIES Only B.C., Ontario and Quebec have enacted legislation against Strategic Lawsuits Against Public Participation, or “anti-SLAPP” legislation, which is meant to prevent frivolous libel lawsuits designed to dissuade groups engaging in issues of public interest by using lawsuits to intimidate and deter critique or inquiry. B’nai Brith encourages all provinces and territories to enact this legislation so this protection can be extended to the benefit of all Canadians

[6] HOLD UNIVERSITIES ACCOUNTABLE FOR CAMPUS ANTISEMITISM Universities recently surfaced as significant breeding grounds for antisemitism in Canada, including through an increase in far-left activism against Israel. Universities must do more to combat antisemitism, as do provincial ministries of education, including enforcing existing antidiscrimination policies and ensuring that appropriate disciplinary measures are employed.

[7] ADOPT A NATIONAL ACTION PLAN FOR ANTISEMITISM Canada must adopt a National Action Plan to Combat Antisemitism, as have France and Norway, in recognition that adequate resources must be offered to strategically combat anti-Jewish rhetoric. Such a plan would involve all levels of government, which could help law enforcement, communities, and schools prevent and respond to antisemitism.

[8] DEVELOP AN ACTION PLAN TO COUNTER ONLINE HATE B’nai Brith believes that the federal government, along with social media platforms and other stakeholders, can work in tandem to establish a viable strategic plan to counter online hate. Government must examine how to strengthen laws against perpetrators of online hate and improve law enforcement training in how to respond.

9. Ontario And Bill 186

EXPLANATORY NOTE
The Bill requires the Government of Ontario to be guided by the working definition of antisemitism and the list of illustrative examples of it, adopted by the International Holocaust Remembrance Alliance plenary on May 26, 2016, when it interprets Acts, regulations and policies designed to protect Ontarians from discrimination and hate amounting to antisemitism.

The Bill also amends the Legislation Act, 2006 to adopt that working definition.
Bill 168 2019
An Act to combat antisemitism
Preamble
.
Antisemitism is a multi-faceted problem that requires a multi-faceted strategy, encompassing a range of ministries and agencies. For that reason, it is desirable to require the Government of Ontario to implement a whole-of-government approach in combating antisemitism. As part of that approach, it is desirable to apply a consistent interpretation of Acts, regulations and policies designed to protect Ontarians from discrimination and hate amounting to antisemitism.
.
Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
.
Interpretation
1 In interpreting Acts, regulations and policies designed to protect Ontarians from discrimination and hate amounting to antisemitism, the Government of Ontario shall be guided by the working definition of antisemitism and the list of illustrative examples of it adopted by the International Holocaust Remembrance Alliance plenary on May 26, 2016.
Legislation Act, 2006 amendment
.
2 Section 87 of the Legislation Act, 2006 is amended by adding the following definition:
“antisemitism” has the meaning set out in the working definition of antisemitism and the list of illustrative examples of it adopted by the International Holocaust Remembrance Alliance plenary on May 26, 2016; (antisémitisme”)
Commencement
.
3 This Act comes into force on the day it receives Royal Assent.
Short title
4 The short title of this Act is the Combating Antisemitism Act, 2019.

bill.168.antisemitism

Of course, the Ontario Government is a “Conservative” majority, headed by “populist” Doug Ford. Wasn’t aware that passing anti-free speech laws was a conservative value.

B’nai Brith was a main player in getting this legislation pushed.

10. B’nai Brith Is Anti-Free Speech

The above is just a sample of what the group is up to.

And yes, B’nai Brith is a huge supporter of aiding mass migration to the West, and using our countries as dumping grounds. Israel is off limits of course – More migrants for thee, but none for me.

However, that will be a post all on its own.

As for all of the players trying to undermine Canadian sovereignty, let’s name them.

11. Who Are These Open Borders NGOs?

(1) AMNESTY INTERNATIONAL
(2) B’NAI BRITH
(3) BRIDGES NOT BORDERS
(4) CANADIAN ASSOCIATION OF REFUGEE LAWYERS
(5) CANADIAN COUNCIL FOR REFUGEES
(6) CANADIAN COUNCIL OF CHURCHES
(7) CENTER FOR ISRAEL AND JEWISH AFFAIRS
(8) JEWISH REFUGEE ACTION NETWORK
(9) PLATTSBURGH CARES
(10) SOLIDARITY ACROSS BORDERS

Honourable mention: ex-Israeli Ambassador David Berger

This is by no means a complete list, but a starting point. One will immediately notice a common thread that runs between most of these groups. However, not everyone is willing to address that.

Anthony Furey (see above tweet) writes for the Toronto Sun, and has contributed to True North Canada, Candice Malcolm’s “charity”.

While Furey clearly knows that the efforts are coordinated to smuggle these people into Canada, Furey (and other outfits like Rebel Media) refrain from exposing WHO is behind these efforts. They focus on a symptom, and not the disease.

This is probably because these groups are mainly Jewish, and Furey has a self-preservation instinct. He doesn’t want to hit too close to home, and end his media career.

TSCE #8(F): Bit Of History, NGOs Trying To Open Canada’s Borders For Decades

1. Trafficking, Smuggling, Child Exploitation

Serious issues like smuggling or trafficking are routinely avoided in public discourse. Also important are the links between open borders and human smuggling; between ideology and exploitation; between tolerance and exploitation; between abortion and organ trafficking; or between censorship and complicity. Mainstream media will also never get into the organizations who are pushing these agendas, nor the complicit politicians. These topics don’t exist in isolation, and are interconnected.

2. Why Canadians Should Care

It should worry Canadians greatly when there is a sustained effort to undermine and erode our borders. The overwhelming majority of people don’t know how far back this goes. Although efforts predate these cases, this is where we will start.

On the first attempt, the Canadian Council of Churches went to court to try to get certain new legislation thrown out. This legislation would have made it harder for people to enter Canada from the U.S. and claim asylum. It went to the Supreme Court, but ultimately, it was ruled the group did not have public interest standing.

3. Court History Over The Years

Again, many more attempts have been made in recent decades to erase borders, but this article will only focus on a few of them.

FIRST ATTEMPT: KILL “SAFE COUNTRY” DESIGNATION
(a) Federal Court, Trial Division, Rouleau J., [1989] 3 F.C. 3

(b) Canadian Council of Churches v. Canada,
Federal Court of Appeal, [1990] 2 F.C. 534

(c) Canadian Council of Churches v. Canada (Minister of Employment and Immigration), [1992] 1 S.C.R. 236
1992.SCC.Rules.No.Standing

SECOND ATTEMPT: KILL CANADA/US S3CA
(a) 2008 ruling S3CA has no effect
Docket: IMM-7818-05
S3CA Provisions Struck Down

(b) The 2008 ruling is overturned on appeal
Canadian Council for Refugees v. Canada, 2008 FCA 229
Appeal granted, S3CA restored

THIRD ATTEMPT: TORONTO CASES TO STRIKE S3CA
(a) 2017, Prothonotary Milczynski considers consolidation
IMM-2229-17, IMM-2977-17, IMM-775-17
Milczynski Considers Consolidation

(b) 2017, CJ Crampton transfers cases to J. Diner
Crampton Transfers Consolidated Cases

(c) 2017, Justice Diner grants public interest standing
Citation: 2017 FC 1131
Amnesty Int’l, CDN Councils of Churches, Refugees

(d) 2018, Justice Diner grants consolidation of 3 cases
Citation: 2018 FC 396
Cases to be consolidated

(e) 2018, Justice Diner allows more witnesses
Citation: 2018 FC 829
2018.Diner.Calling.More.Witnesses

(f) 2019, Justice McDonald says no more witnesses
Citation: 2019 FC 418
2019.McDonald.No.More.Intervenors

4. 1992: SCC Rules No Standing

1992.SCC.Rules.No.Standing
The CanLII link is here.

Federal Court, Trial Division, Rouleau J., [1989] 3 F.C. 3
.
Rouleau J. dismissed the application. His judgment reflects his concern that there might be no other reasonable, effective or practical manner to bring the constitutional question before the Court. He was particularly disturbed that refugee claimants might be faced with a 72-hour removal order. In his view, such an order would not leave sufficient time for an applicant to attempt either to stay the proceedings or to obtain an injunction restraining the implementation removal order.
.
Federal Court of Appeal, [1990] 2 F.C. 534
.
MacGuigan J.A. speaking for a unanimous Court allowed the appeal and set aside all but four aspects of the statement of claim.
.
In his view the real issue was whether or not there was another reasonably effective or practical manner in which the issue could be brought before the Court. He thought there was. He observed that the statute was regulatory in nature and individuals subject to its scheme had, by means of judicial review, already challenged the same provisions impugned by the Council. Thus there was a reasonable and effective alternative manner in which the issue could properly be brought before the Court.
.
He went on to consider in detail the allegations contained in the statement of the claim. He concluded that some were purely hypothetical, had no merit and failed to disclose any reasonable cause of action. He rejected other claims on the grounds that they did not raise a constitutional challenge and others on the basis that they raised issues that had already been resolved by recent decisions of the Federal Court of Appeal.
.
He granted the Council standing on the following matters raised on the statement of claim

Without getting too much into the technical details, the Supreme Court had to decide whether the Canadian Council of Churches, an organization, should be granted public interest standing to strike down all or part of the immigration laws. Ultimately, the ruling was no.

Disposition of the Result
.
In the result I would dismiss the appeal and allow the cross-appeal on the basis that the plaintiff does not satisfy the test for public interest standing. Both the dismissal of the appeal and the allowance of the cross-appeal are to be without costs.
Appeal dismissed and cross-appeal allowed.
.
Solicitors for the appellant: Sack Goldblatt Mitchell, Toronto.
.
Solicitor for the respondents: John C. Tait, Ottawa.
.
Solicitors for the interveners The Coalition of Provincial Organizations of the Handicapped and The Quebec Multi Ethnic Association for the Integration of Handicapped People: Advocacy Resource Centre for the Handicapped, Toronto.
.
Solicitors for the intervener League for Human Rights of B’Nai Brith Canada: David Matas, Winnipeg, and Dale Streiman and Kurz, Brampton.
.
Solicitors for the interveners Women’s Legal Education and Action (LEAF) and Canadian Disability Rights Council (CDRC): Tory, Tory, DesLauriers & Binnington, Toronto and Dulcie McCallum, Victoria
.

Ultimately, the Supreme Court thought that a refugee, someone with actual standing (or something at stake) should be the one making the case.

Also worth noting, consider who some of the intervenors are in this case. A lot of people who want to make it easier to get into Canada.

5. 2008: S3CA, Parts Of IRPA Struck Out

S3CA, Parts of IRPA Struck

IT IS ORDERED THAT this application for judicial review is granted and the designation
of the United States of America as a “safe third country” is quashed.

Yes, the Canada/U.S Safe Third Country Agreement was actually declared to have no legal effect. However, this is not the end of it, as we will soon see.

IT IS DECLARED THAT:
.
1. Paragraphs 159.1 to 159.7 (inclusive) of the Immigration and Refugee Protection
Regulations and the Safe Third Country Agreement between Canada and the United
States of America are ultra vires and of no legal force and effect.
2. The Governor-in-Council acted unreasonably in concluding that the United States of
America complied with Article 33 of the Refugee Convention and Article 3 of the
Convention Against Torture.
3. The Governor-in-Council failed to ensure the continuing review of the designation
of the United States of America as a “safe third country” as required by
paragraph 102(2) of the Immigration and Refugee Protection Act.
4. Paragraphs 159.1 to 159.7 (inclusive) of the Immigration and Refugee Protection
Regulations and the operation of the Safe Third Country Agreement between
Canada and the United States of America violate sections 7 and 15 of the Canadian
Charter of Rights and Freedoms and are not justified under section 1 thereof.

THE FOLLOWING QUESTIONS are certified as serious questions of general
importance:
.
1. Are paragraphs 159.1 to 159.7 (inclusive) of the Immigration and Refugee
Protection Regulations and the Safe Third Country Agreement between Canada and
the United States of America ultra vires and of no legal force and effect?
2. What is the appropriate standard of review in respect of the Governor-in-Council’s
decision to designate the United States of America as a “safe third country” pursuant
to s. 102 of the Immigration and Refugee Protection Act?
3. Does the designation of the United States of America as a “safe third country” alone
or in combination with the ineligibility provision of clause 101(1)(e) of the
Immigration and Refugee Protection Act violate sections 7 and 15 of the Canadian
Charter of Rights and Freedoms and is such violation justified under section 1?

If the United States is not a safe country, then why do tens of thousands (if not hundreds of thousands) of people try to apply for asylum there every year?

The Safe Third Country Agreement was meant to prevent “asylum shopping” from taking place, but that is exactly what this ruling would have allowed.

6. 2009: Previous Ruling Overturned

The impugned Regulations and the Safe Third Country Agreement are not ultra vires the IRPA. Subsection 102(1) of the IRPA gives the GIC the power to promulgate regulations governing the treatment of refugee claims which may include provisions designating countries that comply with Article 33 of the Refugee Convention and Article 3 of the Convention Against Torture. This is a broad grant of authority intended to give effect to Parliament’s expressed intent that responsibility for the consideration of refugee claims be shared with countries that are respectful of their Convention obligations and human rights. The factors to be considered before designating a country are expressly set out in subsection 102(2) of the IRPA. The applications Judge’s misapprehended concern that the GIC would have the discretion to designate a country that does not comply with the Conventions led him to transform the statutory objective of designating countries “that comply” into a condition precedent.

The applications Judge adopted a hypothetical approach to the respondent organizations’ Charter challenge, i.e. that a class of refugees would be treated a certain way if they were to present themselves at a Canadian land border port of entry. This approach went against the well-established principle that a Charter challenge cannot be mounted in the abstract. There was no evidence that a refugee would have to bring a challenge from outside Canada. The respondent organizations’ ability to bring the Charter challenge depended on John Doe. As the latter never presented himself at the border and therefore never requested a determination regarding his eligibility, there was no factual basis upon which to assess the alleged Charter breaches. The applications Judge thus erred in entertaining the Charter challenge.

[14] On December 29, 2005, the respondents launched an application for leave and judicial review seeking a declaration that the designation of the U.S. under section 102 of the IRPA was ultra vires, that the GIC erred in concluding that the U.S. complied with Article 33 of the Refugee Convention and Article 3 of the Convention against Torture and further, that the designation breached sections 7 and 15 of the Charter. For purposes of clarity, it is useful to set out in full the issues set out in the judicial review application filed before the Court:

[130] In short, a declaration of invalidity of the STCA Regulations is not required in order to ensure that they are not applied to claimants for protection at the land border in breach of either Canada’s international obligations not to refoule, or the Charter.
.
D. CONCLUSIONS
.
[131] For these reasons I would allow the appeal

The Federal Court of Appeal ruled that the Lower Court considered a hypothetical scenario, and wrongly applied it to a Charter challenge. Put simply, Charter challenges are supposed to be ground in fact, and not “what if” situations. The ruling was overturned, and the Safe Third Country Agreement was restored.

7. 2017-Present: Toronto Challenge

Chief Justice Paul Crampton transferred 3 related cases to Justice Diner for case management. This is the same CJ Crampton who ruled that private citizens wishing to oppose the destruction of the S3CA don’t have standing.

Justice Diner granted public interest standing to 3 NGOs: Amnesty International, Canadian Council for Refugees, and Canadian Council of Churches.

Justice Diner order the 3 cases to be consolidated and tried together because of the overlapping issues.

Note: also see here, for decisions from the Federal Court in the matter above.

The case is still pending.

8. So Who Are These NGOs?

Amnesty International
ai.01.certificate.of.continuance
ai.02.bylaws
ai.03.changes.in.directors
ai.04.notice.of.financials

B’nai Brith League For Human Rights
bblhr.01.bylaws
bblhr.02.change.registered.office
bblhr.03.amendments
bblhr.04.certificate.of.incorporation
bblhr.05.director.changes

B’nai Brith National Organization
bbno.01.director.changes
bbno.02.certificate.of.incorporation
bbno.03.change.registered.office
bbno.04.notice.of.financials

Bridges, Not Borders
Bridges Not Borders, Mainpage
Bridges Not Borders, About
Bridges Not Borders, Why They Cross
Bridges Not Borders, Media Page
Bridges Not Borders, Pro Asylum Shopping

Canadian Association Of Refugee Lawyers
carl.01.directors
carl.02.change.of.office
carl.03.bylaws.2015
carl.04.notice.of.return
carl.05.certificate.of.continuance

Canadian Council For Refugees
ccr.01.2019.director.changes
ccr.02.bylaws
ccr.03.bylaws.from.2014
ccr.04.certificate.of.continuance
ccr.05.annual.return

Plattsburgh Cares
Plattsburgh Cares Main Page
Plattsburgh Cares, Humanitarian Support

Solidarity Across Borders
Solidarity Across Borders’ Homepage
SAB Supports Illegal Migrant Caravans
SAB Supports Sanctuary Cities For Illegals
SAB Calls To Open Up The Borders

These are of course not the only NGOs working to open up our borders (and other nations’ borders as well), but it does at least provide some insight.

Also, see the above links in Section #1 for other articles published on these NGOs.

9. Look At The Bigger Picture

Last fall, the story made the news that a challenge would be coming to Toronto to the Safe Third Country Agreement.

However, the Canadian media left out important information. Shocking.

First, it didn’t go into any detail on the groups lobbying for this. It wasn’t just some helpless “asylum claimants”, but an organized effort to help erase Canada’s border with the U.S.

Second, the full extent of the NGO meddling is not mentioned. True, some media DO reference the 2007 case, but not further. It doesn’t provide a complete picture of what is going on. Nor does it mention how these groups are pushing similar initiatives elsewhere. Amnesty International, for example, claims to have 7 million members pushing to bring more migrants (primarily) to the West. The Canadian Council for Refugees, as another example, spends considerable time and effort lobbying our Parliament for more refugee friendly laws.

Third, there seems little concern for the Canadian who would have their safety and sovereignty eroded should this pass. Instead, the focus is always on people coming to Canada and what their needs are.

This is lawfare: using our courts and legal system to open our borders.

TSCE #8(E): David Berger, Ex-MP, Ex-Israel Ambassador, Now With JRAN, CCR


1. Trafficking, Smuggling, Child Exploitation

Serious issues like smuggling or trafficking are routinely avoided in public discourse. Also important are the links between open borders and human smuggling; between ideology and exploitation; between tolerance and exploitation; between abortion and organ trafficking; or between censorship and complicity. Mainstream media will also never get into the organizations who are pushing these agendas, nor the complicit politicians. These topics don’t exist in isolation, and are interconnected.

2. Important Links

(1) https://www.linkedin.com/in/david-berger-20313212/
(2) http://archive.is/8HaiV
(3) http://lornematalon.com/2017/12/04/the-other-side-of-roxham-road-canada-grapples-with-border-refugees/
(4) http://archive.is/pjwr7
(5) https://www.theglobeandmail.com/news/national/ex-diplomat-takes-refugee-case/article20425189/
(6) archive.is/yvsOx
(7) https://www.ifcj.ca/site/SPageNavigator/ca/work/ca_our_board.html?NONCE_TOKEN=6BB7108F7FAECB5D4C167116DAC88011
(8) http://archive.is/ZqEmK
(9) http://jran.ca/
(10) http://archive.is/HjDov (2017)
(11) http://archive.is/3zwWq (2020)
(12) http://jran.ca/about-us/the-jewish-refugee-connection
(13) http://archive.is/j5RQN
(14) http://jran.ca/jran-members
(15) http://archive.is/ScX9k
(16) http://jran.ca/the-issues
(17) http://archive.is/pQ56M
(18) http://jran.ca/news-events/news/2014/10/20/open-letter-to-prime-minister-harper-from-the-jewish-refugee-action-network-about-syrian-refugees
(19) http://archive.is/fetf1
(20) https://www.canada-immigration-law.com/our-team/
(21) http://archive.is/eSdft
(22) https://www.timesofisrael.com/netanyahu-most-african-migrants-in-israel-not-refugees/
(23) http://archive.is/LUS4d

3. From LinkedIn Page

My practice includes many different aspects of immigration, refugee and citizenship law including skilled worker applications, business immigration programs, and work or study permits.
.
I provide counsel to individuals, families and businesses in all facets of an application, notably in identifying the most expeditious manner of obtaining a visa or permit, communications with government officials, and appeals. I also have had particular success with difficult applications where clients faced considerable obstacles in obtaining or maintaining status in Canada.
.
Immigration to Canada represents opportunity but also difficulties and risks. I help clients to minimize the difficulties and risks and ensure the best possible results.

Just from the LinkedIn page we can get lots of information about David Berger. He was a Member of Parliament for several terms, is a former Ambassador to Israel, and now works for the NGO, Canadian Council for refugees.

4. Berger Pushed Asylum For UK “Refugee”

Dr. Khalid, 32, was forced into exile in London in March, along with her husband, but maintains she had always intended to seek asylum in Canada, where her relatives live.

Canada was one of the first countries to include gender-based persecution in its refugee determination process, and should come to the aid of the high-profile victim of violence, said Mr. Berger, a former Quebec Liberal MP (Westmount-St. Henri) who was posted to Israel as ambassador in 1995.

“The U.K. may not be the safest place for her,” said Mr. Berger, a lawyer who has taken Dr. Khalid’s case pro bono.
“It appears for some time Dr. Khalid has indicated she wanted to come to Canada and this is the country where she would be the happiest.”

Two interesting points about this Globe and Mail article. The first is that Mr. Berger sees nothing wrong with asylum shopping, and that refugees should simply be allowed to go where they please.

The other is that he claims the UK is not a safe country. Could this be because of their policy of bringing in huge numbers of Muslim migrants? Now the demographic shift has made the UK unsafe? In that case, why should we bring Muslims to Canada, and turn it into the UK (or essentially the 3rd world)?

5. David Berger Part Of CCR

Immigration lawyer and David Berger is a member of the Canadian Council of Refugees, an NGO that advocates for migrants. Berger is also Canada’s former Ambassador to Israel and a former member of Canada’s Parliament. “We’ve got a backlog today of 30,000 claims whereas about two years ago the backlog was 10 or 15 thousand,” he explained. He said there aren’t enough immigration judges, formally known in Canada as decision makers.

“We believe the government has to appoint more decision makers. 120 decision makers is just not enough,” Berger continued. He added that Canada is a better country for the contributions refugees make. He represents or has represented people with advanced degrees in literature and finance, images that defy stereotypes harbored by some anti-immigrant forces.

David Berger is part of the Canadian Council for Refugees, which, among other things, is working to strike down the Canada/U.S. Safe 3rd Country Agreement. If this is successful (it was initially, but overturned on appeal a decade ago), people from the warzone that is the United States will be free to waltz in and claim they are refugees, regardless of how meritless the claims may be.

6. Jewish Refugee Action Network

Overview of JRAN’s concerns
Since 2012, significant changes have been made to Canada’s treatment of refugees. For decades, Canada’s refugee system worked towards protecting people in danger and other humanitarian goals. The new changes, however, do the following: discriminate between individuals based on their country of origin or how they arrived in Canada; create serious challenges in the refugee determination process, which could lead in some cases to the deportation of individuals to their home countries and a real risk of persecution or worse; and limit certain humanitarian protections. In addition, since 2012, a half century’s old system of providing healthcare coverage to people seeking refugee status has been cut, thereby stranding thousands of people who are lawfully in Canada without emergency or life-saving healthcare.

1. Refugee Determination Process
Since 2012, changes to the refugee determination system make it difficult for many refugee claimants to prove their claims, and limits their ability to get a fair hearing due to severely shortened timelines, restrictions on appeal rights, and restrictions on other legal processes. Without a fair refugee hearing, there is a risk that people will be deported to countries where they face danger to their safety, freedom, or even their lives….

2. “Designated Countries of Origin” (DCOs)
The new Designated Countries of Origin (DCO) scheme creates a new category of refugee claimant. Refugee claimants from designated countries are not entitled to the same legal process as refugee claimants from non-designated countries. Ostensibly created to distinguish between refugee claimants from “safe” countries and claimants from other countries, in reality the DCO scheme creates a two-tiered system that discriminates between refugee claimants based on their country of origin, and limits the ability of claimants to get a fair hearing regarding their individual case….

3. “Designated Foreign Nationals” (DFNs)
Under the new designated foreign national (DFN) scheme, the Minister of Public Safety may “designate” two or more refugee claimants who arrive in Canada without the appropriate Canadian visas or documents, if the Minister believes that they have paid someone to help them enter Canada, or if they lack the papers necessary to prove their identity in what the Minister believes is a “timely manner.” Being identified as a DFN has serious consequences, including mandatory group detention for what may be lengthy periods, restrictions on appeal rights, and restrictions on gaining permanent residence status…

4. Cuts to Refugee Healthcare Coverage
In 2012, the Canadian government made drastic cuts to healthcare coverage for refugee claimants. An Order in Council took away even basic emergency and life-saving medical care from thousands of refugee claimants who have lawfully sought Canada’s protection…

The Jewish Refugee Action Network states that it is concerned about rights and social services for refugees coming into Canada. Interesting that Berger, a several term Member of Parliament, shows far more concern for the well being of foreigners than he does Canadians.

Now let’s get to what JRAN considers the “refugee issue”, and it attempts to give some historical context.

Jews as Refugees – Biblical Connection
The Exodus from Egypt, one of the central stories in Jewish tradition, is a foundation document of Jews as refugees. Having been held slaves under the pharoahs for several hundred years, the Israelites were desperate for their freedom. Their dramatic departure reached its climax at the Red Sea, when the Israelites were finally able to escape Pharoah’s soldiers and Egypt.
.
Jewish law – Spiritual Connection
Jewish texts and laws provide a constant reminder about the Exodus and about the experience of slavery in Egypt. The Exodus is the central experience recounted in the Torah. It is mentioned as part of our weekly Friday night blessings, and is told in far greater detail at our annual Passover seders. At the seder, surrounded by comfort and good food, we are encouraged to remember the story as if we were the ones who had been slaves and refugees.
The experience in Egypt is repeated often in the Torah, with the explicit admonition to treat others with compassion and justice. Our Biblical laws – requiring us to provide for the widow and orphan, to treat workers fairly, and to help the foreigners in our midst – explain that we must do so because we ourselves were foreigners in Egypt. This idea is echoed more than 30 times in the Torah. Here too, we are asked to put ourselves in the position of our ancestors: slaves and foreigners in Egypt.
.
Jews as Refugees – Historical Connections
The Shoah (Holocaust) was another defining moment for the Jewish people. The genocide of six million Jews was a tragedy, heightened by the indifference of those free countries who refused to admit Jews to safety on their shores. Canada is one of several countries who bear the shame of having refused to receive 900 Jewish refugees who had managed to escape Germany aboard the ocean liner St. Louis. Many Canadian Jews remember the treatment of these desperate Jewish refugees.
.
Jews and Roma – Parallel Histories of Persecution
The persecution of Jews in Europe for many centuries, bears certain similarities to that experienced by the Roma people, who also faced restrictions on their employment and permitted living areas, violence, expulsions, and other forms of oppression. The Roma people, like the Jews, were the only other group legally targeted for extermination by the Nazis, and experienced their own genocide known as the Porajmos. Unfortunately, the Roma in Europe continue to suffer many forms of violence, discrimination, at the hands of bigots and fascists with the collusion of some governments.

Clearly, never missing an opportunity to play the victim narrative. David Berger is a Board Member of this group. This is the list.

JRAN Members
Honorary Members

  • Stephen Lewis, Honorary Canadian Co-Chair
  • Michele Landsberg, Honorary Canadian Co-Chair

Board Members

  • Rabbi Arthur Bielfeld, founder of JRAN
  • Ken Rosenberg, Chair
  • Maureen Silcoff
  • Mary Jo Leddy
  • Noa Mendelsohn Aviv
  • Dr. Philip Berger
  • Bernie M Farber
  • Mitchell Goldberg
  • Valerie Hyman
  • Audrey Macklin
  • Anna Porter
  • Gabriela Ramo
  • Avrum Rosensweig
  • Jon Telch
  • Rivka Augenfeld
  • Cynthia Levine-Rasky
  • David Berger
  • Mira Oreck
  • Hesh Troper

7. Berger, JRAN, Lobbied For “Syrian Refugees”

As a wealthy and peaceful country, we have a shared international responsibility to be a safe haven for refugees and to treat them with fairness. As Jewish Canadians, we join other faith groups, legal organizations, and settlement workers in calling on our government to do our share for the vulnerable people fleeing Syria. Specifically:

1. To put in place flexible provisions to allow family members of Canadian citizens, permanent residents, and recognized refugees to enter Canada by issuing Temporary Resident Permits, with the possibility of access to permanent residence later.

2. In close consultation and coordination with sponsorship agreement holders, to admit 10,000 Syrian refugees from refugee camps within the next year. The UNHCR recently requested countries to settle 100,000 Syrian refugees. Canada has traditionally agreed to resettle 10 per cent of UNHCR requests.

3. That all pending applications for Syrian refugees be processed expeditiously, and that in no case should the processing of a refugee claim take more than one year.

4. That processing of Syrians not replace or divert any resources from other refugee or family reunification programs.

Refugees from Syria cannot afford to lose any more time. People are in crisis, and the world is watching. Prime Minister, the government must act now. We would be pleased to meet with you or members of your staff to further discuss this urgent issue.

Yours very truly,
.
Noa Mendelsohn Aviv
Rivka Augenfeld
David Berger, former Ambassador to Israel
Dr. Philip Berger
Rabbi Arthur Bielfeld
Bernie Farber
Mitchell Goldberg
Valerie Hyman
Michele Landsberg, OC
Maureen Silcoff
Jon Telch
Ken Rosenberg

The Jewish Refugee Action Network (which Berger is a Director of) was a major player in lobbying then PM Harper to take in so-called Syrian refugees.

Was Berger “ever” working for Canadians? Even during his several terms as an MP, or his tenure as Ambassador to Israel? Or was he a refugee lobbyist this entire time?

8. David Berger’s Many Roles

  • Canadian Bar Association (Immigration Section)
  • Canadian Association of Refugee Lawyers
  • Jewish Refugee Action Network
  • associate member of the Canadian Council for Refugees
  • former President of the Canadian Football League
  • former Member of Parliament
  • former Ambassador to Israel

8. David Berger’s Law Practice

David Berger, B.A., B.C.L.
David Berger, B.A. (Toronto) 1971; B.C.L. (McGill) 1975, was admitted to the Barreau du Québec in 1986.
David relies on a unique experience in elective office, diplomacy, business, and law in advising and representing his clients.
.
From 1979 to 1994, David served as a Member of the House of Commons of Canada, representing the constituencies of Laurier and St-Henri-Westmount.
.
From 1995 to 1999, David served as Canadian ambassador to the State of Israel, representative to the Palestinian Authority and High Commissioner to Cyprus.
.
Earlier in his career, from 1975 to 1979, David was executive vice-president of the Montreal Alouette Football Club, Inc. In 1978-1979, he served as President of the Canadian Football League.
David assists people in applications for temporary and permanent residence, including work and study permits and visitor visas, skilled worker applications, business immigration, family sponsorships and humanitarian and compassionate applications.
.
He represents clients in refugee claims, appeals to the Immigration Appeal Division, and judicial review applications to the Federal Court of Canada and the Quebec Superior Court.
David speaks English, French and Spanish.
.
David is a member of AQAADI (L’Association Québécoise des avocats et avocates en droit de l’immigration), the Canadian Bar Association (Immigration Section), the Canadian Association of Refugee Lawyers, the Jewish Refugee Action Network, and an associate member of the Canadian Council for Refugees.
.
David is a director of several not for profit organizations including the Canada International Scientific Exchange Program (CISEPO), the Jerusalem Foundation of Canada, the International Fellowship of Christians and Jews (Canada), and the Trevor Williams Kids Foundation.

9. Israel Refuses To Take Refugees

During a solidarity visit to Tel Aviv last Thursday, Netanyahu, Public Security Minister Gilad Erdan and Culture Minister Miri Regev toured south Tel Aviv and vowed that the government would “give back” the neighborhood to its Israeli residents.

Netanyahu has previously said the government would take a three-pronged approach to the issue: a security fence along the Egyptian border, which has already succeeded in significantly reducing the number of migrants who cross into Israel from African countries; increased enforcement against those employ illegal migrants and migrants who break the law; and the ministerial committee, which the prime minister said he will lead himself.

Expulsion to a third country is largely unprecedented in the Western world. Italy and Australia signed similar agreements with third-party countries — Italy with Libya, and Australia with Malaysia — but both proposals were shot down by local courts. In both cases, courts ruled the bills inconsistent with international law and the 1951 UN convention on refugees — to which Israel is also a party.

Interesting. Benjamin Netanyahu, the Prime Minister of Israel claims that the migrants in the country are not refugees, and seems content to deport them. Where is the outrage of people like David Berger? If Canada should do its part to take in people in a vast humanitarian effort, why the outrage at Israel refusing to do the same?

Netanyahu wants to keep Israel a Jewish nation, and he doesn’t want hordes of very different people irreversibly changing the demographics. Yet Berger, and people like him, see nothing wrong with forcibly remaking the west.

Why isn’t the former Ambassador to Israel lobbying for Israel to take refugees and open up its borders? After all, isn’t humanity and compassion supposed to be universal? Why the double standard?

TSCE #8(D): Bridges Not Borders, Plattsburgh Cares & Solidarity Across Borders Coordinates Illegal Crossings At Roxham Rd

1. Trafficking, Smuggling, Child Exploitation

Serious issues like smuggling or trafficking are routinely avoided in public discourse. Also important are the links between open borders and human smuggling; between ideology and exploitation; between tolerance and exploitation; between abortion and organ trafficking; or between censorship and complicity. Mainstream media will also never get into the organizations who are pushing these agendas, nor the complicit politicians. These topics don’t exist in isolation, and are interconnected.

2. Important Links

(1) http://www.bridgesnotborders.ca/
(2) http://archive.is/SwCTX
(3) http://www.bridgesnotborders.ca/about.html
(4) http://archive.is/n7ci7
(5) http://www.bridgesnotborders.ca/why.html
(6) http://archive.is/sRw1v
(7) http://www.bridgesnotborders.ca/news.html
(8) http://www.bridgesnotborders.ca/info-for-asylum-seekers.html
(9) http://archive.is/D61Wd
(10) irregular-arrivals-at-the-border-background-information-janjul2019-en
(11) https://www.unhcr.ca/newsroom/publications/
(12) http://archive.is/bYe0S
(13) bridges_not_borders_briefing_on_stca_english
(14) stca_legal_challenge
(15) guardian_haiti
(16) https://www.cbc.ca/radio/docproject/as-asylum-seekers-show-up-on-their-doorstep-two-quebec-women-struggle-with-how-to-help-1.4595233
(17) http://archive.is/lYllx
(18) https://www.vpr.org/post/other-side-roxham-road-canada-grapples-border-refugees#stream/0
(19) http://archive.is/DfGzD
(20) https://plattsburghcares.org/
(21) http://archive.is/yWdbn
(22) https://plattsburghcares.org/hestia-front/humanitarian-support/
(23) http://archive.is/a5tI3
(24) https://www.solidarityacrossborders.org/en/
(25) http://archive.is/oGtlX (2018)
(26) http://archive.is/XjrUY (2020)
(27) https://www.solidarityacrossborders.org/en/rally-and-march-in-solidarity-with-the-migrant-caravans-making-their-way-to-the-us-mexican-border
(28) http://archive.is/LeIED
(29) https://www.solidarityacrossborders.org/en/solidarity-city
(30) http://archive.is/0zUKG
(31) https://www.solidarityacrossborders.org/en/call-to-action-open-the-borders
(32) http://archive.is/5uuJN

3. BnB Doesn’t Believe In Borders

Also, the original links for the YouTube videos above are here and here

Earlier in 2017 President Trump signed executive orders that suspended the refugee admission program and allowed for widespread arrest and deportation of undocumented people in the USA. This means that people needing protection can be sent back to their countries of origin where they may face torture, persecution or even loss of life. Yet, this is prohibited under international law.

Trump has also withdrawn Temporary Protected Status from citizens of Haiti, El Salvador and Honduras. This will come into effect in late 2019. The Haitians had fled to the USA following the disastrous earthquake in 2010. Haiti was hit hard again by Hurricane Matthew in 2016 and is still in a very bad state, facing huge problems of homelessness, poverty, illiteracy, violence against women and indentured child labour (see PDF Guardian article below).

For all the above reasons many people no longer feel safe in the USA and want to seek asylum and safety in Canada. But they face a hurdle in the 2002 Safe Third Country Agreement (STCA) between Canada and the USA which came into effect in 2004.

The STCA means that, if someone crosses into Canada from the USA at an official border crossing and asks for asylum, they will be sent back to the USA, unless they fall under one of four exceptions to the Agreement. However if they cross the border at an irregular crossing such as Roxham Road, the Agreement does not apply. They can then make a claim for refugee status. That is why many people are choosing that route, so as to not risk being sent back to the USA and being unable to make a refugee claim in Canada in the future.

There are two issues here. The first one is: can the USA really be considered to be a safe country for refugees? The Canadian Council for Refugees, the Canadian Council of Churches and Amnesty International don’t think so and have launched a legal challenge to the STCA (see PDF files below including our Briefing document). The second issue is that of irregular crossings. Given the STCA, most asylum seekers are in a ‘catch 22’ situation: it’s not safe for them to stay in the USA and it’s not safe for them to enter officially. The 1951 Refugee Convention, ratified by Canada, says that states shall not penalize asylum seekers if they enter a country irregularly, providing they present themselves without delay to the authorities. Section 133 of the (Canadian) Immigration and Refugee Protection Act also states that people seeking asylum will not be prosecuted for irregular entry into Canada.

People crossing irregularly are not ‘illegal immigrants’ as has been wrongly asserted. Nor are they ‘queue jumpers’, as refugee claims are treated as received. We believe the STCA should be revoked, so that everyone seeking asylum could enter Canada safely and with dignity at an official border crossing. This is especially important during the winter or any period of extreme weather. During the winters of 2016-2017 and 2017-2018, many people suffered hypothermia and frostbite during irregular crossings into Canada and have lost fingers and toes. Tragically, in spring 2017, a woman from Ghana, Mavis Otuteye, died while trying to cross from Minnesota into Manitoba.

Straight from the horse’s mouth. This group believes that everyone should be allowed to enter Canada, and this includes from the United States. The fact that the U.S. gives asylum to tens of thousands of people each year seems to not matter.

4. BnB Encourages Asylum Shopping

URGENT MESSAGE FOR ASYLUM SEEKERS: If you have applied for asylum in the USA (or in the United Kingdom, New Zealand or Australia) you are no longer entitled to the full independent refugee determination process in Canada. Instead you only have access to a Pre-Removal Risk Assessment (PRRA) hearing conducted by a government official. You will be able to have a lawyer or immigration consultant present with you. You need to be aware that the PRRA is a much less thorough process and has a low success rate. However, if you are successful you will be recognized as either a refugee or a protected person in Canada. Please consider this carefully before deciding to enter Canada either via Roxham Road or at an official Port of Entry.

Why would you publish this information, unless it was to help advise so-called “refugees” to circumvent the process by entering the U.S. under false pretenses, and then come illegally to Canada?

5. BnB Coordinates With “Plattsburgh Cares”

We have close connections with members of Plattsburgh Cares, a group that supports refugees who want to cross into Canada. We’re also in contact with Solidarity Across Borders (Montreal), as well as with various groups, committees, and institutions that support refugees locally and in Montreal (including UNHCR).

That admission came from the about page. As for what Plattsburgh Cares claims to provide:

Let us know what support you can offer. Here’s a partial list of what we need:
-Translation. The refugees who come through the area speak a variety of languages. If you are proficient in any second language and would like to help, let us know.
-Transportation. Individuals may need help getting to the grocery store, doctor’s appointments and so forth.
-Legal advice. The refugees need access to qualified individuals with knowledge of immigration law.
-Short-term temporary housing. Some may need access to safe housing for a night or a week or two.
-Long-term temporary housing. Others may need a place for a longer period.
-Clothing. Some may need clothes, especially during the winter months.
-Educational outreach. We will need help getting educational materials into the hands of refugees coming into our region.

None of these items are bad per se. The problem is that this NGO, like many others, has no concern for whether people are in the country illegally. Moreover, they help facilitate illegal border crossings.

6. BnB Worked With Solidarity Across Borders

Our first group activity in September 2017 was a table at the Roxham Road Woolgathering, for which we had made buttons with the theme ‘Refugees Welcome’. We also provided information explaining how the ‘Safe Third Country Agreement’ between Canada and the USA forces refugees to cross irregularly to prevent being sent back to the USA (see the pages WHY and WHO for this info).

Our second activity was to participate in a demonstration at the border crossing at Lacolle which was organized by the Montreal-based group Solidarity Across Borders. This was a response to the presence at the Lacolle border of far right groups opposed to the irregular crossings of asylum seekers. A local artist created the beautiful ‘Bridges not Borders’ wood cut after which we named our group.

This came from the ABOUT section of Bridges Not Borders. Apparently wanting borders makes you a member of the far right. Now, who is “Solidarity Across Borders”?

Let’s just look at one of the demands of Solidarity Across Borders: free services for all illegals. Not joking. Here is the actual text.

We demand that:
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everyone living here should have access to free health care in clinics, CLSCs and hospitals. Medical facilities should never ask for information on immigration status. Instead, they should work to provide appropriate and respectful care to all users. We want health care to be accessible to all and support efforts to defend the public health care system.
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everyone living here should be able to attend school free of charge, regardless of their – or their parents – immigration status. We are in favor of universal education for all, from kindergarten to university, and defend accessible education at all levels and for all people.
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the Canadian Border Services Agency (CBSA) should not have any right to enter and arrest migrants in hospitals, clinics, shelters, schools, or any space providing essential services; ultimately, the CBSA should not be welcome anywhere in our communities.
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any person living here should have access to social housing, food banks, unemployment benefits and any other social welfare regardless of immigration status.

This is one of the groups that Bridges Not Borders sees no problem in partnering with. Free services and effective amnesty for all illegals. What could possibly go wrong?

7. UNHCR Admits These Claims Are Bogus

CLICK HERE, for UNHCR 2019 data on illegals.
irregular-arrivals-at-the-border-background-information-janjul2019-en

The majority of asylum seekers had valid status in the U.S. at the time of crossing (often a visitor visa) and only transited in the U.S. for a short period with the intention of claiming asylum in Canada, the American visa being reportedly easier to obtain that the Canadian one.

Others had stayed in the U.S. for a number of years, including persons with pending/denied asylum claims and to a lesser extent, persons whose status in the U.S. had expired.

Under the Canada-U.S. Safe Third Country Agreement (STCA), individuals in the U.S. cannot make a claim at the Canadian official border post unless they qualify for an exception to the agreement, such as having a close family member in Canada.
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The STCA does not apply to those who cross the border in-between official border posts, as at the time they claim asylum, there are already in Canada.

8. Completely Undermining Border Security

This is (partly) why borders are so damn hard to enforce. It’s because organizations like: (a) Bridges Not Borders; (b) Plattsburg Cares; and (c) Solidarity Across Borders are doing what they can do undermine it.

Further, efforts are crippled by the UNCHR, who make it clear that they see nothing wrong with illegal crossings, and hamstring local efforts to stop it. Efforts in court are at best mixed, since the “rights” of illegals must be balanced against those of society’s.

Finally, corrupt politicians (both government and controlled opposition), do little to nothing to stop this problem. In short, border security COULD be a very straightforward issue, if the system weren’t rigged to prevent that.

This is disheartening, to say the least.