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Immigration

Canada must urgently fix flawed immigration security rules

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Macdonald-Laurier Institute

The Macdonald Laurier Institute

By Sergio R. Karas for Inside Policy

As Canada faces increased threats of terrorist attacks, its lax, anachronistic immigration laws are putting all Canadians in jeopardy. Without urgent reforms to the Immigration and Refugee Protection Act (IRPA), Canada will face grave risks not just from terrorism but also espionage and subversion.

The critical need to tighten screening and secure the border comes as newly elected United States President Donald Trump threatens massive tariffs against Canada for failing to crackdown on the crisis earlier.

Section 34(1) of the IRPA sets out the inadmissibility criteria for individuals engaged in espionage, subversion, terrorism, being a danger to the security of Canada, engaging in acts of violence that would or might endanger the lives or safety of persons in Canada, or membership in an organization involved in such activities. This provision enables authorities to address potential threats to national security.

Canada faces several emerging security challenges, including terrorism, the rise of antisemitic violence, and Islamic radicalism. The trouble is, Section 34(1)’s overly broad definitions and inconsistencies in enforcement make it extremely challenging to address these rising threats.

Emerging threats to national security

Canada has long enjoyed a reputation for providing safe haven to refugees and other immigrants. However, the failure to properly screen newcomers – especially those from conflict zones – could exploit that weakness and allow radicals or terrorists to enter the country.

For instance, the federal government is currently accepting applications from Palestinians from Gaza to enter Canada. As of mid-January 2025, Immigration, Refugees, and Citizenship Canada has accepted 4,245 applications for processing under its temporary resident pathway for Palestinian extended family in Gaza; 733 people have been approved to come to Canada. Hamas’s control of Gaza and Canada’s limited ability to screen applicants pose heightened security risks. Since the October 7, 2023, Hamas terror attacks on Israel, Canada has been plagued by antisemitic violence and disruptive mass pro-Palestinian rallies. Meanwhile, polls indicate significant support for Hamas by Palestinians and its October 7 terrorist attacks. Although Canada has temporarily enhanced its screening protocols for Gazans, the risk of allowing Hamas terrorists or their supporters into Canada raises the risk of increased social tension and even antisemitic violence against Jewish Canadians.

Concerns about Canada’s porous border are not just hypothetical. Recently, authorities arrested a Pakistani national in Canada for allegedly planning an attack on the Jewish community in New York. Muhammad Shahzeb Khan, in Canada on a study permit, told an undercover law enforcement officer that “October 7 and October 11 were the best days to target Jews.”

Antisemitism has risen sharply in Canada since the October 7 attacks. The Canadian Security Intelligence Service (CSIS) warns that the Israel-Hamas war has led to a spike in “violent rhetoric” from “extremist actors” that could prompt some in Canada to turn to violence. According to the latest Global 100 survey conducted by the Anti-Defamation League (ADL), nearly half of people worldwide hold antisemitic views. The study found that 46 per cent of adults, an estimated 2.2 billion people, have strong antisemitic attitudes. This is more than double the level recorded in ADL’s first global survey a decade ago and the highest ever reported.

At the same time, Canada has long struggled in its efforts to identify and deport potential threats to national security. For example, in Mugesera v. Canada (Minister of Citizenship and Immigration), a former Rwandan politician accused of inciting violence against Tutsis during the Rwandan genocide, remained in Canada for over sixteen years before his deportation in 2012. His case highlights the extended timelines involved in the removal process. Former Immigration Minister Jason Kenney said that Mugesera’s case showed that Canada was too generous with suspected foreign war criminals. He also said, “At some point, it turns into a mockery of Canada’s generosity, eventually we have to remove war criminals and stop talking about it.”

In another case, Mahmoud Mohammad Issa Mohammad v. Canada, a convicted terrorist managed to drag out his deportation battle 26 years. Mohammad – a member of the Popular Front for the Liberation of Palestine (PFLP) convicted of taking part in a deadly attack on an Israeli plane at Athens airport in the 1960s – lied about his identity, his criminal past, as well as his ties to terrorist organizations. Kenney told reporters at the time “This case is almost a comedy of errors, with delays, with a system that was so bogged down in redundant process and endless appeals that it seemed to some that we would never be able to enforce the integrity of Canada’s immigration system and deport this terrorist killer.” Authorities cited Mohammad for misrepresentation on multiple grounds, yet he still managed to remain in Canada for decades. The threat of misrepresentation is a significant security concern. Thorough screening is crucial to ensure that those admitted do not pose security risks, given their possible affiliation with groups involved in violence or other activities that threaten national safety.

The recent arrest of multiple suspects on terrorism-related charges is a wake-up call for Canada, highlighting an urgent need to overhaul immigration screening processes to safeguard national security.

On July 31, 2024, the RCMP announced the arrests of Ahmed Eldidi and his son, Mostafa Eldidi, on multiple terrorism-related chargesGlobal News reported that the two men, originally Egyptian nationals, were allegedly involved in terrorist activity connected to the Islamic State of Iraq and Syria (ISIS). The article also revealed that in June 2015, the father allegedly took part in an ISIS propaganda video where he was seen dismembering a prisoner with a sword. On August 28, 2024, the Globe and Mail reported that the father, who became a Canadian citizen just two months before his arrest, had initially been denied a visitor visa in 2017. However, after supplying additional documents, he obtained a visitor visa in 2018 and became a permanent resident in 2021. The fact that Ahmed Eldidi was able to become a naturalized citizen, despite his violent ties to ISIS is bewildering.

Furthermore, according to Global News, Canadian Hezbollah members have taken part in several attacks overseas. They include a Vancouver man wanted for a bus bombing in Bulgaria that killed five Israeli tourists and a local driver, as well as a former Toronto grocer, Fawzi Ayub, who was a hijacker and member of Hezbollah’s Islamic Jihad unit. He was killed while fighting in Syria in 2014.

These arrests and the presence of such elements in Canada highlight the urgent need to revamp the system to prevent these security failures.

Reforming s. 34(1)

The Supreme Court of Canada in Mason v. Canada (Citizenship and Immigration)  ruled that people can only be found inadmissible under section 34(1)(e) of the IRPA if they engaged in violent conduct linked to national security or the security of Canada. Since neither Mason nor his co-appellant were alleged to have engaged in acts of violence linked to national security or the security of Canada, section 34(1)(e) did not provide a basis for the inadmissibility of either person. This decision limits the ability of authorities to implement measures aimed at removing individuals from the country as it narrows the scope of grounds for inadmissibility.

Concerns about increasing Islamic radical activity in Canada have led the authorities to scrutinize events that may pose potential harm to the public. After Islamic radicals promoted a Hizb ut-Tahrir (HuT) Khilafah Conference 2025, authorities stated that “Reports of the upcoming conference, which was scheduled for January 18, 2025, in Hamilton, Ontario, were deeply concerning. Hizb ut-Tahrir has a documented history of glorifying violence and promoting antisemitism and extremist ideology.” The conference organizers ultimately cancelled the meeting, but critics are still calling for Hizb ut-Tahrir to be designated a terrorist entity under the Anti-Terrorism Act.

Narrowing legislative definitions and enhancing oversight could address security challenges. In Canada (Citizenship and Immigration) v. Harkatwhich deals with inadmissibility on security grounds, the Supreme Court of Canada noted the lack of clear definitions for critical terms such as “terrorism,” “danger to the security of Canada,” and “member of an organization” in Section 34(1) of the Immigration Act.

Further, in Suresh v. Canada (Minister of Citizenship and Immigration), the Supreme Court of Canada provided a functional definition of “terrorism,” drawing from international conventions. However, membership in a terrorist organization remains difficult to define. This absence of precise language has created challenges in interpreting and applying the provisions fairly and consistently.

In Charkaoui v. Canada, the Supreme Court of Canada dealt with the constitutionality of security certificates, the court noted the tension that exists between rights and security. In this complex security landscape, the responsibility to protect both national security and individual rights remains a challenge.

The overly broad definitions and terms in this section have meant that the courts have been reluctant to apply it. To address these issues, Parliament should bring forward amendments to render terms like “terrorism” and “member of an organization” more concrete by tying them to specific acts, so the courts will not have to guess what was meant in the legislation.

An internal audit of the Immigration National Security Screening Program, covering the period between 2014 and 2019, revealed that out of the 7,141 cases that were flagged due to security concerns, including war crimes, espionage, and terrorism, 3,314 were approved for temporary, permanent, and refugee status. That is nearly half (46 per cent) of the foreign nationals flagged by security agencies who have been allowed to become permanent residents despite those concerns.

In order to improve the system, Canada should conduct stricter background checks incorporating international intelligence, increase the scrutiny of applicants, and impose restrictions on individuals with links to regions dominated by extremist groups or nations known to sponsor terrorism.

Canada should also consider implementing policies and legislative initiatives such as the No Visas for Anti-Semitic Students Act introduced in the U.S. Congress to combat university encampments and antisemitic harassment, which aim to revoke visas for international students of pro-terrorist protesters, enabling immigration officials to remove foreign students engaged in illegal activities.

The federal government should also amend Section 34(1) of the IRPA to provide more flexibility to visa officers and to CBSA Port of Entry officers to deny visas and entry to individuals where there are reasonable grounds to believe that they will engage in activities that will promote hate against an identifiable group, or whose rhetoric in public will be inflammatory. Further, authorities should also deny entry to individuals suspected directly or indirectly of ties to groups providing material support of terrorist organizations. The legislation must be updated so it can be used against modern-day public threats, and to ensure that the courts can rely on a clear legislative framework and policy to deal with judicial review of visa or entry denials.


Sergio R. Karas, principal of Karas Immigration Law Professional Corporation, is a certified specialist in Canadian Citizenship and Immigration Law by the Law Society of Ontario. He is co-chair of the ABA International Law Section Immigration and Naturalization Committee, past chair of the Ontario Bar Association Citizenship and Immigration Section, past chair of the International Bar Association Immigration and Nationality Committee, and a fellow of the American Bar Foundation. He can be reached at [email protected]. The author is grateful for the contribution to this article by Jhanvi Katariya, student-at-law.

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Immigration

Mass immigration can cause enormous shifts in local culture, national identity, and community cohesion

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Macdonald-Laurier Institute

By Geoff Russ for Inside Policy

It matters where immigrants come from, why they choose Canada, and how many are arriving from any single country. When it comes to countries of origin, immigration streams into Canada have become wildly unbalanced over the last decade.

Few topics have animated Canadians more than immigration in the past year.

There is broad consensus among the public that the annual intake of newcomers must fall, and polling shows both native-born and immigrant citizens agree on this. In Ottawa, the Conservative opposition has called for lower numbers, and the Liberal government ostensibly concurs.

While much of the discussion surrounding immigration has focused on economic factors like affordability and the shrinking housing supply, less attention has been paid to the cultural and political changes of welcoming more than 5 million people into the country since 2014.

Specifically, attention must be paid to the possible outcomes of importing hundreds of thousands of people from regions embroiled by war or prone to conflict. This is a necessity as digital technology proliferates and guarantees the world will be interconnected, but not united.

Mass immigration brings in far more than just people. It can cause enormous shifts in local culture, national identity, political allegiances, and community cohesion.

It matters where immigrants come from, why they choose Canada, and how many are arriving from any single country. When it comes to countries of origin, immigration streams into Canada have become wildly unbalanced over the last decade.

In 2023, almost 140,000 people immigrated to Canada from India, while the second-largest intake came from China, with 31,770  people.

This new trend is at odds with Canada’s historical immigration policies, which were more evenly weighted by country. In 2010, the top three national pools of immigration were the Philippines at 38,300 newcomers, India with 33,500, and China with 31,800.

Other countries that Canada has received increasing numbers of migrants from includes Syria, Pakistan, and Nigeria.

Past federal governments took consideration for details like economic needs and capacity for integration. Canadian immigration policy in 2025 should take into account modern communications and conflicts within certain regions as well.

21st century technology continues to advance and innovate at dizzying speeds, giving rise to immersive social platforms and instant messaging platforms like WhatsApp or Signal. This has brought the world closer together, but rather than promoting peace and understanding, it has amplified foreign conflicts and brought them to our own backyards.

Tens of thousands of migrants from the Levant have arrived since 2015, a region where anti-Zionism is deeply ingrained in the cultures, as well as full-blown antisemitism.

Since the outbreak of the Israel-Hamas War in 2023, the entire West has borne witness to antisemitic violence in Europe and North America, often perpetrated by ideologically motivated migrants.

Earlier this year, a Syrian migrant in Germany went on a stabbing spree with the intent of murdering Jews, while last September, Canadian police foiled the plot of a Pakistani man in Ontario who had planned to commit a mass killing of Jews in New York City.

Canada’s political culture has been profoundly affected by these same waves, with demographic changes forcing the federal government to alter its longstanding foreign policy positions. For example, the newly-minted Minister of Industry Mélanie Joly allegedly remarked last year that her shifting stance on the Israel-Hamas war was due to the “demographics” of her Montreal riding.

Montreal itself has become a hotbed of anti-Israeli and anti-semitic violence. Riots, property damage, and the storming of the McGill University campus have been carried out by radicals inspired by Hamas and their allies.

In 1968, the great Canadian thinker Marshall McLuhan co-authored War and Peace in the Global Village, which warned of the consequences of modern technologies erasing the boundaries of the world. McLuhan explicitly cautioned that technology would make the world smaller, and lead to conflict in his theorized global village.

Today, that village is one where Jewish students are routinely harassed on college campuses in Vancouver and Toronto, while synagogues are burnt to the ground in Melbourne. It does not matter whether the victims are Israeli or not. They are seen by their assailants as legitimate targets as part of an enemy tribe.

On May 21, two staffers at the Israeli embassy in Washington DC were shot dead by a man shouting pro-Palestinian slogans.

These sorts of imported feuds go beyond the Middle East. Global tensions in regions like the Indian subcontinent present another threat of foreign-inspired and funded violence, as well as undue political shifts.

India and Pakistan are locked in a long running standoff over the disputed territory of Kashmir.

Last month, several tourists were murdered in Kashmir by militants that India accused Pakistan of backing, leading to several low-level exchanges between the Indian and Pakistani militaries before a ceasefire was brokered. Tensions are far from dissipated, and the possibility of a full-scale confrontation between India and Pakistan remains high.

Considering those two rivals have massive diasporas in the West, a potential war on the subcontinent could radically change domestic politics in countries in Canada, Australia, and Britain.

In 2022, violent clashes broke out between Hindu and Muslim youths in the British city of Leicester following a cricket match between India and Pakistan. The street battles lasted for weeks, and threatened to restart later that year following an escalation in India and Pakistan’s clash over Kashmir. In London, demonstrators from the Pakistani and Indian communities came close to violence.

If a sporting rivalry can inspire hooliganism, a war will spark something far worse, and the globalization of the Israel-Gaza conflict is a glimpse into what that might look like.

There is historical precedent in Canada for how overseas conflicts affect domestic politics.

During the 19th century, hundreds of thousands of Irish—both Catholic and Protestant—emigrated to Canada before and after Confederation in 1867. They brought their religious feuds with them.

The militantly anti-Catholic Orange Order, run by Protestants, became one of the most powerful political forces in Ontario. They held a virtual monopoly on municipal politics in Toronto, excluded Catholics from jobs in the public service, and took part in brawls with the city’s Irish Catholic community for more than 100 years.

Thomas D’Arcy McGee, one of the Fathers of Confederation and an Irish Catholic migrant, was murdered for speaking out against the republican Fenian Brotherhood, which had infiltrated politics both in Canada and the United States.

Integration throughout successive generations mitigates and even practically eliminates the impact of imported conflicts. This was the case with the Irish sectarian divide, though it took over a century to fade away.

Worth noting is that roughly 300,000 Ukrainian refugees currently reside in Canada, having been admitted under a special visa program following the Russian invasion in 2022. It is intended to be temporary, with the expectation of repatriation once a stable peace returns to Ukraine.

Similarly to Irish-Canadians, the vast majority of the established Ukrainian-Canadian community has its roots in pre-modern Canada, and is largely well-integrated into the country’s social fabric. To date, there has been no major violence or anti-social harms inflicted upon their Russian-Canadian counterparts despite the war, or vice-versa.

Furthermore, the Canadian government has a longstanding close relationship with Kyiv, and there is far more trust and transparency regarding intent and collaboration. This is not the case with governments like China and India, the former of whom actively interferes in our elections, and the latter of which has been accused of assassinating dissidents on Canadian soil.

The existence of the iPhone, the internet, and opportunistic foreign governments makes it incredibly dangerous to not change course. That is not to imply that the average migrant is an active foreign agent. But the sheer quantity makes vetting them all a challenge.

Mitigating these threats requires strategic planning when crafting immigration policy.

Other parts of the world like Southeast Asia, Southern Europe, and Latin America are relatively stable and peaceful and are potential sources of newcomers with far lower risk of foreign interference and diasporic violence.

At-play is the stability, unity, and integrity of our political system. Canadian politics must remain fully Canadian in its focus and priorities. That cannot happen if we sleepwalk into becoming a battleground for the rest of the world.

Geoff Russ is a writer and policy analyst, and a contributor for the Macdonald-Laurier Institute.

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Aristotle Foundation

We need an immigration policy that will serve all Canadians

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By Michael Bonner

A new ministry should be held responsible for ensuring we’re letting in people who will further our economic interests, and that infrastructure can keep up

Canadians deserve an immigration system that serves the national interest. This is exactly what we once had when most Canadians agreed with the economic and cultural arguments in favour of immigration.

For a long time, Canada avoided the sort of backlash seen in many places abroad. But the economic argument for immigration has collapsed during a time of stagnant wages, housing shortages and high youth unemployment. Likewise, cultural arguments about diversity and multiculturalism have given way to doubts about our ability to integrate newcomers.

Now, half of Canadians believe immigration harms the country. And according to a 2024 survey by the Environics Institute, 57 per cent of Canadians agree that too many immigrants “are not adopting Canadian values.”

In response, the Trudeau government began to reduce immigration targets and tinker with eligibility requirements. It was especially wise to reinstate caps on the Temporary Foreign Worker Program (TFWP), which many employers abuse to keep wages artificially low.

But Canada’s immigration system requires fundamental reform, with a sharp eye on integration — both economic and cultural. This reform will become increasingly urgent amidst a backdrop of deglobalization, domestic protectionism and falling birth rates.

Other countries will be motivated to hold onto as much of their own populations as they can, so we cannot count on a large and mobile cohort of educated professionals and low-wage workers for much longer. Canada must remain open to immigration, but immigration cannot be our only source of economic and population growth.

The federal government should begin by ending easy access by immigrants to the lower end of our labour market in nearly all sectors of the economy. That means phasing down and eventually eliminating the TFWP, except in limited areas such as seasonal agricultural work. High-wage, high-skill immigration should continue, but in lower numbers.

Meanwhile, governments should use incentives (tax credits, etc.) to encourage businesses to invest in domestic skills training and develop their workforces. Business, government and post-secondary institutions must work together to integrate domestic and international students into a general industrial strategy.

This means creating a pipeline of engineers, researchers and scientists for jobs in areas such as high-end manufacturing, robotics, batteries and advanced engineering. In short, we must gain much better control of immigration and ensure that it serves the national economic interest.

To make it all happen, Ottawa should create a new “population” ministry, formed out of every existing federal ministry and department that deals with immigration, housing, the labour market and family formation (such as Employment and Social Development Canada and the Canada Mortgage and Housing Corporation).

Of course, this is no small task and would take time. But the main policy areas (immigration, housing, labour, parental benefits and population growth) must be viewed as a single system, and a single ministry must be held accountable for the success or failure of future reforms.

In consultation with the provinces, this new ministry would be required to keep immigration at a manageable level, taking into account the state of infrastructure, housing and integration services, along with labour market needs. Artificial Intelligence could be a useful tool in helping predict labour and housing shortages before they happen.

This consolidated ministry would favour high-skill, high-wage immigration above all other categories. And, like some other countries, the ministry would be required to publish total immigration numbers, along with all other relevant population and labour-market information, as part of every federal budget, to ensure maximum transparency.

This ministry would also work with the provinces to develop pro-natal strategies to stabilize or, ideally, reverse the decline in domestic birth rates. This should be informed by successful policies implemented by our peers abroad.

Incentives could include cash bonuses, tax breaks, awards, more generous leave and other signs of public esteem for parenthood. Meanwhile, governments across the country must remove regulatory hurdles and revisit post-war mass production and prefabrication, in order to increase the supply of new housing.

Canada’s immigration policy has failed Canadians. But if properly managed, a new population policy, which includes immigration, can be a powerful force for nation-building and help create and maintain a prosperous and orderly society in an increasingly uncertain world.

Michael Bonner is a senior fellow at the Aristotle Foundation for Public Policy, a former senior policy advisor to a federal immigration minister, former director of policy to four Ontario ministers and the author of “Repairing the Fray: Improving Immigration and Citizenship Policy in Canada.” 

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