The change Trudeau made to the Quarantine Act to prohibit travel to Canada left a hole the size of Roxham Road in the law.
The Order in Council, signed by the Governor-General on the recommendation of Heath Minister Patty Hajdu, amends section 58 under the quarantine act to now read:
Any foreign national, as defined in subsection 2 (1) of the Immigration and Refugee Protection Act, is prohibited from entering Canada if they arrive from a foreign country other than the United States.
But the Devil is in the details, and the exemptions and carve-outs in the travel ban give the government extreme discretionary powers to allow just about anyone in, and the prohibition on entry doesn’t apply to “an immediate family member of a Canadian citizen or of a permanent resident as defined in subsection 2 (1) of the Immigration and Refugee Protection Act”.
The Order in Council makes it clear that anyone loosely related or affiliated with a citizen or permanent resident will still have the welcome mat rolled out for them. “Immediate family” now means:
(a) the spouse or common-law partner of the person;
(b) a dependent child of the person or of the person's spouse or common-law partner;
(c) a dependent child of a dependent child referred to in paragraph (b);
(d) the parent or step-parent of the person or of the person's spouse or common-law partner; gold
(e) the guardian or tutor of the person.
“Protected persons” are also not being prohibited from entry. According to the the Immigration and Refugee Act:
A protected person is a person on whom refugee protection is conferred under subsection (1), and whose claim or application has not subsequently been deemed to be rejected.
The person has been determined to be a Convention refugee or a person in similar circumstances under a visa application and becomes a permanent resident under the visa or a temporary resident under a temporary resident permit for protection reasons.
If a person claims asylum, then that person immediately becomes a protected person until they’re found not to be one. Temporary residency is granted to migrants who crossed the border illegally, claim asylum, and are awaiting an immigration and review board hearing to determine the validity of their claims, which can take years.
Does this mean that if an illegal asylum seeker from the US can still scramble across the border somewhere, Trudeau’s #WelcomeToCanada still stands?
Today, March 23, international flights and boats are coming into Canada all day. The Order In Council made an exemption for international flights for one day after the signing of amendment to the Quarantine act, continuing to allow;
“a person who arrives by means of an aircraft, if the scheduled arrival in Canada according to the flight plan is no later than the day following the day on which this Order is made” and “a person who arrives by means of a vessel as defined in section 2 of the Canada Shipping Act, 2001, if the vessel departed no later than the day on which this Order is made and had a scheduled destination of Canada upon its departure”.
Trudeau also left the door open for Health Minister Hajdu to use her discretion to allow people into Canada whom she feels do not “pose a risk of significant harm to public health” which until a few days ago meant anyone from Wuhan because travel bans are racist and don’t work!
Just like Trudeau’s 82 billion dollar bailout for smaller businesses that was really a bailout to banksters, Trudeau’s sudden “come to Jesus” moment on border controls is all smoke and mirrors.
It’s fake news.