IMMIGRATION: Issuance of permits needs greater oversight

IMMIGRATION: Issuance of permits needs greater oversight

Last week, Paris Hilton found out that the public expects the law to treat the rich and famous the same way as it does the average Joe.

For the wayward heiress that meant that her 45-day sentence could not be served in just three days even if her lawyers could use her celebrity to make it happen.

Our society wants trials held in public so that we can ensure that Lady Justice decides each case without regard to a person’s fame, stature, or power.

When our minister of immigration decides which foreign criminal gets to enter Canada and which does not, there is no such oversight.

Since Canadians want our laws to be “tough” on foreign criminals, we passed immigration laws that render inadmissible just about everyone who has run afoul of a foreign or domestic law. If we want to exempt someone from these rules, then the minister of immigration is authorized to direct that they be issued a temporary resident permit (TRP) to overcome their inadmissibility

Who gets one and who doesn’t, and the reasoning behind such decisions is considered confidential and so the public cannot oversee this very important ministerial function.

Although the process unfolds behind closed doors, it is no secret that rock stars, movie stars, professional athletes, etc. are shoe-ins for these passes. After all, we wouldn’t have too many rock concerts in Canada if every musician who had a drug or drunk driving conviction were denied entry. But how can we be certain who, in fact, is getting the benefit of these TRP’s?

By way of comparison, and in the name of accountability, the immigration department publishes on its website the travel expenses of senior employees including those of the minister. So it was easy to learn, for example, that on February 23, 2007 Minister Finley spent $296.62 to travel to Toronto. However, such expenses demand far less oversight than the issuance of a much-needed TRP.

Since these laws are in place to protect the public, doesn’t the public have the right to know when and why the minister admitted a foreign criminal?

Conrad Black re-entered Canada after being charged with some very serious offences. Did he get a TRP and if so who authorized it? Shortly after getting out of jail, Martha Stewart was given one so that she could participate in a pumpkin race. Last week, a TRP could have allowed Winnie Mandela to overcome her criminal past so that she could enter Canada and speak at a fundraiser.

While these decisions may very well have been the correct ones, Canadians nonetheless should be able to ensure that TRP’s are issued fairly regardless of the person’s race, religion, fame, or political connections with government of the day.

If the rules excluding criminals were more realistic, the granting of a TRP would be a rare necessity.

However, our laws are so tough that even people who are not a threat to Canada are deemed inadmissible. Accordingly, if TRP’s are to be the solution then greater oversight of their issuance is needed.

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Guidy Mamann practices law in Toronto at Mamann & Associates and is certified by the Law Society of Upper Canada as an immigration specialist. Reach him confidentially at 416-862-0000 or at reporter@migrationlaw.com