Bill C-12 Refugee Rules Face Charter Challenge From Canadian Immigration Lawyers

Canada’s new refugee restrictions under Bill C-12 are facing growing legal opposition as immigration lawyers prepare Charter challenges against the controversial one-year asylum rule. The legislation allows the federal government to deny refugee hearings to certain individuals who have lived in Canada for more than one year before making an asylum claim. Critics argue that the new Bill C-12 refugee rules weaken Canada’s long-standing refugee protection system and may violate constitutional rights guaranteed under the Canadian Charter of Rights and Freedoms.

Legal organizations and refugee advocates warn that the policy could significantly impact vulnerable individuals already living in Canada on temporary status.

What Is Bill C-12’s One-Year Asylum Rule?

Under Bill C-12, refugee claimants may become ineligible for a full refugee hearing if:

• They entered Canada after June 24, 2020
• More than one year passed before they filed a refugee claim
• They previously visited or lived in Canada before seeking protection

The law changes eligibility rules for refugee protection claims and applies retroactively to many applicants already inside Canada.

Immigration lawyers say the legislation creates serious barriers for people whose circumstances changed after arriving in Canada.

Immigration Lawyers Launch Constitutional Challenges

Several immigration and refugee advocacy organizations are preparing constitutional court challenges against Bill C-12, including:

• Canadian Immigration Lawyers Association (CILA)
• Canadian Association of Refugee Lawyers (CARL)
• Refugee Lawyers Association of Ontario

Lawyers argue that the legislation may violate key Charter protections involving:

• The right to life and security
• Procedural fairness
• Equality rights
• Access to refugee protection

Advocates believe the law may expose vulnerable individuals to a greater risk of deportation without a proper hearing.

Why Refugee Advocates Oppose The Law

Critics say many refugee claimants do not immediately apply for asylum when entering Canada because:

• Conditions in their home country worsen later
• Personal risks emerge over time
• Immigration pathways unexpectedly change
• They fear social or family consequences
• They initially hoped to qualify through work or study pathways

Refugee lawyers argue that a rigid one-year deadline fails to reflect the complex realities many migrants face.

How Bill C-12 Changes Refugee Processing

Before Bill C-12, refugee claimants generally received a hearing before the Immigration and Refugee Board (IRB), where they could:

• Present oral testimony
• Submit evidence
• Explain personal risks
• Receive an independent decision

Under the new law, many affected claimants may instead be redirected to a Pre-Removal Risk Assessment (PRRA).

What Is A Pre-Removal Risk Assessment?

A PRRA is a paper-based review conducted before a person can be removed from Canada.

Unlike IRB refugee hearings, the PRRA process:

• Usually does not include oral testimony
• Offers fewer procedural protections
• Is handled internally by immigration officers
• Has more limited appeal rights

Immigration lawyers say this process provides significantly fewer safeguards for people facing persecution or violence abroad.

International Students And Temporary Workers Could Be Affected

The new Bill C-12 refugee rules could impact:

• International students
• Temporary foreign workers
• Visitors
• Open work permit holders
• Individuals on temporary resident status

Lawyers warn that some people who lose pathways to permanent residence may later seek refugee protection because returning home could place them at serious risk.

Concerns For Vulnerable Refugee Claimants

Advocates say the law may disproportionately affect vulnerable groups, including:

• 2SLGBTQ+ individuals
• Victims of domestic violence
• Religious minorities
• Political dissidents
• Women facing gender-based persecution

Refugee organizations argue that Canada’s asylum system should continue prioritizing individualized protection assessments instead of fixed timelines.

Could Canadian Courts Strike Down Bill C-12?

Legal experts believe the constitutional challenges against Bill C-12 could continue for several years.

Canadian courts may eventually decide whether the law violates:

• Charter protections
• International refugee obligations
• Procedural fairness principles
• Equality rights under Canadian law

However, immigration lawyers warn that some claimants may face removal proceedings before court decisions are finalized.