Concerns are mounting regarding Canada's new immigration and border legislation, with critics arguing it places LGBTQ+ individuals in a precarious position, potentially leading to their return to countries where they face persecution. The federal government's new law, identified as Bill C-12, has drawn sharp criticism from advocacy groups, including Rainbow Railroad, which assists LGBTQ+ refugees seeking safety in Canada and the U. S.
At the heart of the concern is a new one-year deadline for making refugee claims, a measure that many argue does not account for the unique circumstances of LGBTQ+ individuals. Devon Matthews, chief program officer at Rainbow Railroad, stated that this technical eligibility requirement prevents individuals from explaining the reasons for any delay in their claim. This is particularly worrying for individuals who may have taken time to come to terms with their sexual orientation or gender identity after arriving in Canada, or who feared disclosure in their home countries.
The law's retroactive application to June 24, 2020, and its impact on claims made on or after June 3, 2025, means an estimated 30,000 asylum seekers have received letters indicating their claims may no longer be eligible. Lawyers and advocates argue that this disproportionately affects LGBTQ+ claimants, survivors of domestic violence, and others whose situations have evolved since arriving in Canada. They contend that the previous system, which often allowed for in-person hearings before the Immigration and Refugee Board, provided a more thorough avenue for individuals to present their cases. Under the new law, many may face a paper-based pre-removal risk assessment with limited appeal options, raising fears of refoulement—the return of refugees to countries where they risk persecution.
The government has stated that the one-year rule aims to deter misuse of the asylum system and reduce backlogs. However, critics like Toronto immigration lawyer Jared Will argue that while these may be technocratic solutions, they carry devastating consequences for individuals' lives and rights. The debate continues as Canada navigates its commitment to humanitarian protection with its evolving immigration policies.
