Illegal immigration to Canada (also called Irregular immigration to Canada, though this terminology is contested) is the act of a person who is not a Canadian citizen or permanent resident entering or remaining in Canada in a manner contrary to the Immigration and Refugee Protection Act and its associated regulations. That includes persons who entered Canada on a travel visa but remained beyond the period of stay specified as well as persons who entered Canada without presenting themselves at a port of entry.
Canada is a signatory of the United Nations' 1951 Convention Relating to the Status of Refugees and its 1967 Protocol, which forbids imposition of penalties on refugees who may have entered in contravention to national laws in order to seek protection; but that applies only to claimants while their case is being processed and to persons formally recognized as refugees.
Terminology
The use of the term irregular or illegal is disputed when referring to the act of crossing the Canada–United States border outside of a point of entry (POE) to claim asylum.
Entering Canada outside of a POE is not an offence under the Criminal Code or Immigration and Refugee Protection Act (IRPA); regulations under IRPA require only for a person seeking to enter Canada outside a POE to "appear without delay" at the nearest entry point. Entering Canada outside of a port of entry may represent an unlawful act, but section 133 of IRPA requires charges related to any offences associated with entering Canada to be stayed while an entrant's claim is being processed in accordance with the Convention Relating to the Status of Refugees. If the Canadian government grants refugee status, any charges are stayed permanently. Claimants may face charges for other unlawful activity, or background checks may determine the claimant has a criminal history or presents a national security risk, which are outside the scope of the section 133 staying of charges and may result in denial of a claim.
The Government of Canada, including the Immigration and Refugee Board (IRB), use the term irregular to refer to these border crossings. Refugee organizations, the Liberal Party of Canada, and the New Democratic Party also use that term. The Conservative Party of Canada, in contrast, use the term illegal, with the justification that entering outside of a port of entry is a violation of the Customs Act. The Royal Canadian Mounted Police use neither word, instead using the term interceptions.
Illegal immigration
Canada is signatory to the 1951 UN Convention Relating to the Status of Refugees, and within Canada, the Immigration and Refugee Protection Act (IRPA) is the legislation that governs the flow of people.
The IRPA, established in 2003, outlines the ruling, laws, and procedures associated with immigrants in Canada. It provides officers of the Canada Border Services Agency (CBSA) with the authority to detain permanent residents and foreign nationals if any of the individuals have violated the rulings of the Act. Roughly 12,600 individuals who were living in Canada including 1,900 criminals who violated the Act and either posed a high risk to Canada or were illegal immigrants who were deported in the year of 2006–07.
Article 31 of the UN Refugee Convention says that receiving countries may not penalize refugees for how they enter a country as long as they present themselves “without delay” to authorities and show “good cause” for their presence. Illegal entry is not an offence in Canada's Criminal Code, but Immigration and Refugee Protection Regulations 27 (2) says that anyone who does not enter at a port of entry must check in "without delay" at a border point. As clarified by James Hathaway, founding director of the University of Michigan's program in refugee and asylum law, “If someone a) comes forward voluntarily, and b) explains that the reason they crossed the border illegally was they were looking for protection, it’s clear as a bell: You may not under any circumstance penalize them.” Asylum seekers would be considered in violation of the IRPA if they cross at an unofficial border point, do not promptly go to a port of entry, and do not file a refugee claim. In addition to potential criminal charges, asylum seekers would have their cases rejected.
Illegal immigration in Quebec
Politicians in Quebec have raised complaints. François Legault, then leader of the Coalition Avenir Québec (CAQ), said in August 2017 that the federal government was being "completely irresponsible" and allowing the border to become a "sieve". Quebec premier Philippe Couillard criticized Legault's calls for tighter border controls as intemperate, saying they demonstrated "a sheer lack of leadership."