Understanding Bill C-2: Implications for Immigration and Human Rights in Canada
- Apol Apuntar
- 6 days ago
- 4 min read
On June 3, 2025, the Canadian government introduced Bill C-2, the "Strong Borders Act," aiming to overhaul immigration and border security measures. While the bill seeks to enhance national security and streamline immigration processes, several provisions have raised concerns regarding potential violations of human rights and constitutional rights.
Key Provisions of Bill C-2
Denial of Refugee Hearings for Certain Asylum Seekers. Bill C-2 proposes that asylum seekers who have been in Canada for over a year or who delay filing claims after entering from the U.S. would be ineligible for refugee hearings. Instead, they would undergo a pre-removal risk assessment (PRRA), which has a significantly lower approval rate compared to full refugee hearings.
Part 9 of Bill C-2 amends the Immigration and Refugee Protection Act by adding the following after paragraph (b):
(b.1) the claimant entered Canada after June 24, 2020 and made the claim more than one year after the day of their entry;
(b.2) the claimant entered Canada at a location along the Canada–United States land border — including the waters along or across that border — that is not a port of entry and made the claim after the end of the time limit referred to in subsection 159.4(1.1) of the Immigration and Refugee Protection Regulations;
Suspension, Cancellation, or Amendment of Immigration Documents. The bill grants the government the authority to suspend, cancel, or amend immigration documents and applications if deemed in the public interest. This provision could lead to the revocation of immigration status without due process.
Part 8 of Bill C-2 amends the Immigration and Refugee Protection Act to
(a) authorize the Governor in Council to make an order specifying that certain applications made under that Act are not to be accepted for processing, or that the processing of those applications is to be suspended or terminated, when the Governor in Council is of the opinion that it is in the public interest to do so;
(b) authorize the Governor in Council to make an order to cancel, suspend or vary certain documents issued under that Act, or to impose or vary conditions, when the Governor in Council is of the opinion that it is in the public interest to do so;
(c) for the application of an order referred to in paragraph (b), require a person to appear for an examination, answer questions truthfully and produce all relevant documents or evidence that an officer requires; and
(d) authorize the Governor in Council to make regulations prescribing circumstances in which a document issued under that Act can be cancelled, suspended or varied, and in which officers may terminate the processing of certain applications made under that Act.
Expanded Powers for Law Enforcement and Intelligence Sharing. Bill C-2 expands the powers of the Canadian Coast Guard to conduct security patrols and share intelligence with U.S. agencies. It also allows law enforcement and Canada Post to inspect mail, raising concerns about privacy and civil liberties.
Part 4 amends the Canada Post Corporation Act to permit the demand, seizure, detention or retention of anything in the course of post only in accordance with an Act of Parliament. It also amends that Act to expand the Canada Post Corporation’s authority to open mail in certain circumstances to include the authority to open letters.
Part 5 amends the Oceans Act to provide that coast guard services include activities related to security and to authorize the responsible minister to collect, analyze and disclose information and intelligence.
Potential Human Rights and Charter Violations
Right to a Fair Hearing (Section 7 of the Canadian Charter of Rights and Freedoms). Section 7 of the Charter guarantees the right to life, liberty, and security of the person, and the right not to be deprived thereof except in accordance with the principles of fundamental justice. The denial of refugee hearings for certain asylum seekers and the reliance on PRRAs, which have a lower approval rate, may violate this right by depriving individuals of a fair and impartial hearing.
Right to Procedural Fairness. The provision allowing the suspension, cancellation, or amendment of immigration documents without clear appeal mechanisms could infringe upon the right to procedural fairness. This lack of due process may lead to arbitrary decisions and potential violations of individuals' rights.
Right to Privacy. The expanded powers for law enforcement and intelligence sharing, including the inspection of mail, raise significant privacy concerns. These measures may infringe upon individuals' right to privacy as protected under Section 8 of the Charter.
Conclusion
While the government's intent behind Bill C-2 is to strengthen border security and address immigration challenges, several provisions may contravene fundamental human rights and constitutional protections. It is imperative that the bill undergoes thorough scrutiny to ensure that Canada's commitment to human rights and the principles enshrined in the Canadian Charter of Rights and Freedoms are upheld.
At Apuntar Legal Services, we remain vigilant in monitoring legislative developments and are committed to advocating for the protection of rights and freedoms for all individuals.