Civil Society Groups Call for Investigation into Immigration Raid at International Student Protest in Calgary

Nearly 300 Canadian civil society groups are calling on the Government of Canada and the Government of Alberta to launch an independent investigation into an immigration raid that took place at a peaceful international student protest in Calgary in August.

On August 12, Canadian Border Services Agency (CBSA) raided an international student protest in Calgary, asking students for ID and providing them with “exclusion orders,” a process starting their removal from Canada. 

At the time, students were protesting a mass refusal of work permits following quiet changes to post-graduation work permit rules. These changes came despite students receiving reassurance from their college and the government that they would not be affected

The groups who have penned the open letter, which include Amnesty International Canada and Migrant Workers Alliance for Change, have said that immigration enforcement at peaceful protests creates a “chilling effect” amid “already growing fear in immigrant communities.”

The groups have four demands of the federal government and government of Alberta, including:

• Clear public policies ensuring that participation in peaceful protests, picket lines and other protected political activity does not result in immigration enforcement
• An independent investigation into Calgary Police and CBSA’s actions on August 12, with public findings and accountability for any wrongdoing.
• Immediate suspension of the exclusion orders and any removal action arising from the August 12 enforcement while these events are investigated.
• Resolution to the fundamental injustice that brought these students into the streets by exempting them from the retroactive application of the new PGWP eligibility rules and assessing them under the rules in place when they enrolled.

Following the CBSA enforcement action, Julia Sande, Amnesty International Canada Strategic Litigation, Refugee and Migrant Rights Campaigner, says that the action by the CBSA is “appalling,” and has broad implications for other Canadians.

“Any attack on the right to expression, to assembly, to protest, I think everyone in Canada should be concerned,” Sande told PressProgress.

“People have the right to freedom of assembly, free expression, and your immigration status really has no bearing on that. Regardless of your status, everyone in Canada, both under domestic and international human rights law, have the right to peaceful assembly, to peaceful protest, and so it’s really concerning.”

Sande adds that the raid comes amid the increased scapegoating of migrants and refugees, but the response of hundreds of Canadian organizations pushing back against this, shows that “enough is enough.”

“The fact that so many groups are concerned should really be a signal to everyone in Canada that this is not okay. It’s not acceptable,” Sande said. 

“We see the scapegoating, the blaming of refugees and migrants for things that are government policy failures. So it’s a way to say enough’s enough. We’re not standing for this anymore, and we won’t watch as you know, governments slowly, or in this case, very quickly erode at really fundamental rights that we all have and all all rely on for life as we know it.”

Syed Hussan, Executive Director of the Migrant Workers Alliance for Change said that the CBSA’s actions are both immoral and illegal. 

“We’re also calling for the federal government to quickly and immediately clarify its position on whether they do go into protest or not, and whether this is part of the approach of the Canadian Border Services,” Hussan told PressProgress.

“It is the first known incident of CBSA going into a protest. Regardless of whether the police call them or not, this does not in any way explain or clarify or justify the actions of Canada Border Services Agency, which effectively targeted a charter-protected right, which is freedom of expression and assembly, for the purposes of immigration enforcement.”

In a statement, a spokesperson for the Minister of Public Safety said that the CBSA operates at “arms length” from the government.

“Individuals who are found to be inadmissible or who no longer have legal status in Canada are subject to the same legislative framework and due process protections available under Canadian law,” spokesperson Simon LaFortune, told PressProgress.

“Maintaining the integrity of our immigration system requires that immigration laws and decisions be respected and enforced consistently.Canadians expect an immigration system that is fair, orderly, and rules-based, and the CBSA plays an essential role in supporting that objective.”

Hussan added that the climate in Alberta has contributed to the sentiments around immigration and migrants.

“This coming, of course, within a climate of intense racism and xenophobia, particularly in Alberta, where Premier Danielle Smith–what she calls a separation referendum, and what the mainstream media calls a separation referendum–is actually a referendum on immigration. Five out of the 10 questions are on immigration; only one question is on separation,” Hussan said. “That’s part of the political climate in Alberta that we have. 

In a statement, Alberta’s Minister of Jobs, Economy, Trade and Immigration, Joseph Schow told PressProgress that the Alberta government “supports the CBSA.”

“Anyone who comes to Canada on a temporary status needs to return home once their permit is expired.” Schow said. “That is the position of our government, and it’s not going to change. We support police services and the CBSA in enforcing the law.”

The groups are planning country-wide demonstrations on September 20 to call for action and condemn the immigration enforcement action. 

“It is the task of every progressive person in this country, every thoughtful person in this country, to remember that migrants are the places where all of this begins,” Hussan said.

He added that government policies and the rolling back of basic rights often begin with migrants–from the privatization of healthcare, rising costs of education, labour laws and more.

“People have to understand that this is not about just immigration enforcement targeting a single protest, but rather this is the Canadian state under Prime Minister Carney that is moving towards a very specific form of response to the ability for people to speak up and take action.”

In a response to PressProgress, a spokesperson for CBSA acknowledged that they have received the letter issued by civil society organizations last week.

“We fully agree that the freedom of peaceful assembly is a Charter-protected right. We are aware of and reviewing the letter issued on September 2 by civil society organizations,” Luke Reimer, spokesperson for CBSA said in a statement to PressProgress.

CBSA also noted that they are “committed to the fair and equitable application of Canada’s immigration laws.”

“It is important to note that persons who have been ordered removed from Canada are afforded due process provided for by legislation, including access to appeals and judicial reviews, and can only be removed after all legal avenues of recourse that constitute a stay of removal are exhausted,” Reimer added.

However, Hussan noted that students who were issued deportation orders were within their 90-day restoration period. 

The 90-day restoration period is a window in which to apply to regain status. Students must stay in Canada and are unable to work or study until they regain status.

“These people were within the 90-day restoration period. Now, why does Canada have a 90-day restoration period in immigration law if you can also be deported within the same time period?”