WSWS : News & Analysis : North America : Canada
 
                Canadian immigration officials
                falsified documents to bar refugees
 
                By Fran�ois Legras
                22 June 2001
 
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                the author
 
                Recently published minutes of a secret review of the
                conduct of Immigration Canada agents shows that
                government officials fabricated a document to discredit
                an applicant for refugee status.
 
                This revelation, and several others of a similar nature,
                are apparently only the tip of the iceberg. “Certain
                people responsible for applying immigration security
                measures think that people on the other side will do
                anything to get into the country; from that point on, they
                view it as right for them to do everything in their power
                to keep [the refugees] out of the country and impose no
                limit on their actions,” warns the past president of the
                Canadian Council for Refugees, immigration lawyer
                David Matas.
 
                Immigration Canada agents fabricated a document to try
                to discredit a refugee claimant, Mr. Goven, whom the
                Canadian Security Intelligence Service (CSIS) had
                accused of being a “Kurdish terrorist.” Subsequently,
                the CSIS conceded Goven was not a militant of the
                Kurdish Workers Party, a bourgeois nationalist
                movement that has challenged Turkey’s systematic
                discrimination against its Kurdish minority.
 
                During an interrogation lasting eight hours, Goven was
                threatened and manhandled by CSIS agents. Shocked
                and angered by these methods, Goven filed a complaint
                with the Canadian Security Intelligence Review
                Committee, the state body charged with overseeing the
                actions of the CSIS.
 
                In an attempt to discredit Goven, Immigration Canada
                officials presented the Review Committee with a bogus
                copy of the letter it had sent to Goven ordering him to
                meet with the CSIS agents. The bogus order gave a
                later time for the start of Goven’s interrogation, thus
                suggesting he had lied about its length. It also gave an
                address different from his then place of residence.
 
                “These modifications had as their aim to destroy
                Goven’s credibility,” said his former lawyer, Sharryn
                Aiken.
 
                Derek Hodgson, a spokesman for the Immigration
                Department and for federal Immigration Minister Elinor
                Caplan, nevertheless insists there was no wrongdoing
                on the part of the government or any government
                officials, although he does concede the document came
                from Immigration Department computers: “Immigration
                does not make false documents, does not use machines
                to decode secret messages or invisible ink.”
 
                Hodgson blames the entire incident on a computer
                malfunction, claiming that the Immigration
                Department’s computer software produced the bogus
                order.
 
                This explanation has been rejected by former Review
                Committee chairman and ex-Ontario Premier, Bob Rae.
                “Computers respond to human instructions. Someone
                made this computer produce this document—that is,
                made it produce a fake.”
 
                “If they faked this document, lord knows how many
                others they may have falsified,” declared Goven, who
                fled to Canada precisely to escape such state tyranny.
 
                Several other cases of Immigration officials abusing
                their extensive powers and stealing or fabricating
                documents so as to force people from the country have
                come to light. Last year, two senior Immigration
                officials were found guilty of repeatedly falsifying
                documents since 1990. According to the Globe and
                Mail, in 1996 two other Toronto-based Immigration
                agents admitted having falsified documents so as to
                trigger the deportation of an asylum-seeker from
                Liberia. In 1995, the head of the Immigration Canada
                center in Winnipeg was suspended after publicly
                admitting that he had twice falsified the signature of a
                deportee on official travel documents.
 
                The Goven case has prompted renewed calls for
                greater surveillance of the action of Immigration
                officials from immigration lawyers and refugee rights
                organizations. Immigration officials “do whatever they
                want,” charges Janet Dench, head of the Canadian
                Council for Refugees. Her organization is petitioning
                for the Immigration Department to create an
                independent office with a mandate to investigate
                complaints of suspect actions by immigration officials.
 
                Significantly, the corporate media has all but
                completely ignored the revelations of wrongdoing by
                Immigration Canada officials. By contrast, it routinely
                churns out reports suggesting that the country is being
                inundated by “bogus” refugees, based on the spurious
                distinction between those fleeing “true” political
                repression, and those merely trying to escape dire
                poverty.
 
                           Gutting the right to asylum
 
                Two years ago the media mounted a hysterical
                campaign reminiscent of the “yellow peril” scares of
                the early twentieth century after several hundred
                Chinese migrants were brought to the shore of British
                Columbia on derelict vessels and in unspeakable
                conditions. The federal Liberal government responded
                by taking the unprecedented step of ordering all the
                Chinese, children included, incarcerated pending the
                processing of their refugee claims. For much of the
                media this was not enough. A spate of newspaper
                editorials and comments demanded the Chinese be
                repatriated immediately. Ultimately, all but a handful
                were deported back to China.
 
                Taking its lead from the National Post, the Canadian
                Alliance has repeatedly accused the Liberals of
                consorting with terrorists because Finance Minister
                Paul Martin attended a function organized by a cultural
                association of Sri Lankan Tamils that reputedly has ties
                to the LTTE (the Tamil separatist movement in Sri
                Lanka.) Needless to say, the National Post and the
                Alliance never make any mention of the historic
                oppression of the Tamil minority by the Sri Lankan
                state—oppression that has resulted in hundreds of
                thousands of Tamils fleeing to Canada.
 
                In response to this campaign, the Liberals have scuttled
                still further to the right. Earlier this month, the House of
                Commons passed a new Immigration Act, Bill C-11. It
                makes the treatment accorded the Chinese migrants of
                1999—i.e., incarceration—-mandatory for anyone who
                enters Canada illegally. Those who are
                “uncooperative” or who do not have proper travel
                documents can also be detained.
 
                While the government justifies these measures on the
                grounds of preserving the refugee system for those
                subjected to political abuse, it is in fact moving to
                greatly circumscribe the definition of refugee, giving
                itself the power to deny asylum to those potentially
                most at risk.
 
                Under Bill C-11, anyone was has ever been sentenced
                to a jail term of longer than two years is barred from
                applying for refugee status and is forced to petition a
                Federal Court judge to be allowed to seek refugee
                status. The legislation does not even guarantee that the
                courts accord the would-be refugee claimant a hearing.
 
                Immigration Minister Elinor Caplan has conceded that
                those who have been incarcerated for challenging a
                dictatorial regime and/or engaging in civil
                disobedience could be denied the right to make a
                refugee claim. Yes, said Caplan, in a statement clearly
                designed to appeal to the right-wing and racist
                opponents of the right to asylum, a future “Nelson
                Mandela” might run a foul of the new rules, but
                Canadians can trust in the courts and or Minister to do
                the right thing. “The door that we want to close is the
                back door, to serious criminals, to terrorists, to those
                who pose a risk to Canada...”
 
                The Liberals have also tabled legislation to strip
                charitable status from groups that the CSIS accuses of
                having links to terrorism.
 
                While whitewashing the serious misconduct of
                Immigrant Department agents, the Liberals are, in the
                name of fighting abuse and criminality, gutting the most
                basic protections accorded refugee claimants.
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