Social Justice News

A boatload of Tamil migrants landed in Victoria on August 13, sparking an intense wave of controversy over Canada’s immigration and refugee laws. What do you think our response as Christians should be? For a summary of the events and issues so far, read more.

A boatload of 490 Tamil refugee claimants arrived in Victoria, BC on the morning of Friday, August 13, sparking an intense wave of controversy over Canada’s immigration and refugee laws.

The MV Sun Sea, a Thai-registered vessel, set out from Sri Lanka more than 3 months ago with almost 500 -- about 350 men, 90 women and 45 children -- on board. Upon landing in Victoria, these individuals and families were removed from the ship, given health checkups and housed in various correction facilities on Vancouver Island. One male passenger is known to have died on the ship but the majority of passengers were found to be in good health and had adequate living conditions.

On Monday, August 13, each of the 500 migrants began going before an Immigration and Refugee Board tribunal where they had to prove their identities and show they are no risk to Canada. They will also be given a list of lawyers and will be able to appoint their own legal counsel. If they pass through this tribunal successfully, they will be released from custody. Most will be hosted by Tamils living in Canada, churches and humanitarian agencies. It is not yet known how many have gone through this process successfully.

Under international law, Canada has an obligation to accept the ship and treat the people on board as refugee claimants. Refugee claims can take up to 4 years to process. During that time, refugee claimants often find jobs, have children and take up roots in the country, making it more traumatic if their claim is denied and they are forced to leave.

The Canadian government has expressed concern, as yet unproven, that some of the people on the ship may be linked to terrorist or criminal organizations like the Tamil Tigers. As well, the government wishes to resist the illegal practice of human smuggling and wishes to fight a perception that Canada is an easy place to make a refugee claim.

“We want to send a very clear message that this type of activity, specifically human trafficking and human smuggling is illegal, it’s criminal and we will take the strongest steps possible to deter it,” said Minister of Public Safety Vic Toews. A report in the Globe and Mail on Monday, August 16 indicated that some migrants, or people known to them in Canada, may have paid as much as $50,000 for the journey. These claims are being investigated and have not been proven.

Other government officials and lobby groups object to welcoming the boats because they oppose allowing these seaborne migrants to jump the queue over the 15.2 million refugees who wait in refugee camps around the world until they can find a safe haven in a new country. Canada admits only about 25,000 refugee claimants annually.

Many human rights lobbyists and religious leaders accuse the government of fear-mongering and stoking the fires of racism. “It’s is not the first time that the Canadian government has whipped up public anxiety at the arrival of asylum-seekers,” said Myer Siemiatycki, a professor in immigration settlement studies at Ryerson University. “When the government uses words like smuggling, Tamil Tigers and terrorists, most Canadians assume there is evidence, but there isn’t … and making statements like that is irresponsible and does terrible injustice to the people on the boat.”

Many supporters of the Tamil migrants also claim that the government is just conveniently buying into anti-Tamil rhetoric. Although Sri Lanka ended 26 years of bloody civil war in 2009, there are many reports of the government’s mistreatment of the Tamils. The Sri Lankan government often uses post 9-11 rhetoric to describe any Tamils who criticize the government as terrorists.

In June, the federal parliament passed new legislation to reform refugee laws to make the process for hearing claims quicker. The goal is to hear claims within 60 to 90 days of arrival and to either grant refugee status or expel illegitimate claimants within 2 years. It will likely take at least 18 months to upgrade government systems before this system can begin being implemented.

Canada has a history of accepting most ships bearing refugee claimants. When it turned ships away in the past, the consequences were tragic. When the Kmoagat Maru from India was turned away in 1914, British soldiers shot 26 of its passengers upon its return to India. In 1939, Canada turned away 900 Jews fleeing Nazi persecution on the St. Louis. When the ship returned to Europe, most of its passengers died in concentration camps.