Canada's Immigration Bill C-12 Faces UN Criticism Over Refugee Protection Rollbacks
Ottawa, 12 February 2026
The United Nations refugee agency warns that Canada’s proposed Bill C-12 could drastically restrict asylum access, affecting millions of displaced people worldwide. The legislation would make some refugees ineligible for hearings before Canada’s Immigration Board, instead forcing them through removal proceedings. Human rights groups highlight the bill’s retroactive provisions and new barriers for those crossing the US-Canada border irregularly. With Canada’s refugee backlog reaching 290,000 cases by mid-2025, the UN recommends mandatory hearings and full appeal rights to protect vulnerable asylum seekers from persecution.
UNHCR Presents Critical Concerns to Senate Committee
On 10 February 2026, the United Nations High Commissioner for Refugees (UNHCR) appeared before Canada’s Senate Social Affairs, Science and Technology Standing Committee to voice serious concerns about Bill C-12 [1][2]. Azadeh Tamjeedi, UNHCR Canada’s senior legal officer, presented on behalf of the organisation, emphasising that the proposed changes would have ‘a very real impact on human lives’ [1][2]. The appearance came against the backdrop of a global displacement crisis, with 117.3 million people displaced worldwide by the end of June 2025 [1]. Tamjeedi highlighted the continuing relevance of the Refugee Convention, which has ‘saved millions of lives in the last 75 years’, citing examples of women facing gender-based violence in Haiti, human rights activists from Afghanistan, and children escaping violence in Sudan [2].
New Ineligibility Provisions Restrict Access to Refugee Board
Bill C-12 introduces significant changes to Canada’s asylum system that would render some asylum seekers ineligible for hearings before the Immigration and Refugee Board (IRB), Canada’s largest independent administrative tribunal responsible for refugee status adjudication [2]. Instead, these cases would be processed through a Pre-Removal Risk Assessment (PRRA) before potential removal from Canada [1][2]. The legislation introduces two new grounds for ineligibility under section 73, including restrictions for people who have been in Canada for more than one year since their first entry and those who cross the Canada-US border irregularly [3]. These individuals would be limited to the PRRA process rather than the full refugee status determination procedure [3].
Critical Gaps in Legal Safeguards Identified
The UNHCR has identified several procedural concerns with Bill C-12’s implementation, noting that the legislation is heavily dependent on amendments to the Immigration and Refugee Protection Regulations, which hinders comprehensive analysis without seeing the drafted regulations [1]. Part 6 of the bill introduces a supplementary review by the Minister after the eligibility assessment of asylum claims, raising concerns about weakening legal safeguards [3]. The bill grants the Minister powers to reconsider eligibility, gather information, refer cases for abandonment, and withdraw claims [3]. Civil rights organisations, including the Ligue des droits et libertés, warn that asylum seekers may be pressured to withdraw their claims or may not understand the consequences, particularly those without legal representation [3].
Backlog Crisis and Retroactive Provisions Compound Concerns
The Immigration and Refugee Board faced a substantial backlog of almost 290,000 claims for the Refugee Protection Division as of 30 June 2025 [3]. Despite this existing pressure on the system, Bill C-12 includes retroactive provisions under section 75 that the Ligue des droits et libertés describes as an ‘unjustifiable injustice’ [3]. The organisation warns that following a withdrawal under the new provisions, removal orders become enforceable, resulting in the cancellation of work permits and potentially forcing individuals to return to persecution when they should have access to international protection [3]. The International Federation for Human Rights called for the complete withdrawal of Bill C-12 in October 2025, whilst the Canadian Council for Refugees and the Ligue des droits et libertés specifically recommend withdrawing Parts 5 to 8 of the legislation [3].