E/CN.4/2001/83/Add.1
page 6
II. GENERAL CONTEXT OF IMMIGRATION IN CANADA
17.
Canada is a party to almost all the international human rights instruments, including the
International Covenant on Civil and Political Rights and its two additional protocols, the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
the International Convention on the Elimination of All Forms of Racial Discrimination,
the Convention on the Elimination of All Forms of Discrimination against Women,
the 1951 Convention relating to the Status of Refugees and the 1967 Protocol thereto. However,
as at the time of completion of the present report, Canada had not ratified the 1990 International
Convention on the Protection of the Rights of All Migrant Workers and Members of Their
Families.
18.
Statistics show that Canada is the country which receives the greatest number of
immigrants per inhabitant and per annum. Under its immigration policy, the Government admits
approximately 225,000 persons a year. In addition, between 25,000 and 35,000 people a year
claim refugee status in Canada. For the year 2000, the CIC estimates that the number of
immigrants will have risen from 177,900 to 195,700, while the number of refugees will have
risen from 22,100 to 29,300, as reflected in the Annual Immigration Plan 2000 handed to the
Special Rapporteur by Ms. Elinor Caplan, Minister of Citizenship and Immigration.
19.
Canada has been and is a country of immigration; its current population approximately 30 million - is made up of a wide variety of people originating from various
regions of the world. Up to the mid-1960s, immigration was mainly of European origin. This
characteristic was modified with the introduction of the Immigration Act of 1976, which
established broader selection criteria based on estimated economic contribution to the country
and on family reunification policies.
20.
The 1976 Immigration Act, with its changes and amendments, constitutes the
pre-eminent body of law on immigration matters. The Act is due to be superseded by a new
immigration law which, at the time of completion of the present report, is in the form of a bill
(Bill C-31) and is being debated by Parliament. According to the information received by the
Special Rapporteur, the Bill is intended to simplify existing immigration law.
21.
The 1976 Act defines areas of competence as between the Federal Government and the
provincial governments. In the event of conflict, the federal legislation prevails. There are
various agreements with different provinces, among which particular mention should be made of
Quebec, which has a special regime. The provinces determine the eligibility of claimants and the
Federal Government determines their admissibility. In the first part of the above-mentioned Act,
section 6 (1) establishes the criteria relating to the selection of immigrants.
22.
According to information provided by the CIC, most of the people arriving in Canada
with the intention of settling there do so as landed immigrants, to use the term contained in the
law. These landed immigrants are eligible, after three years of accumulated residence within a
period of four years, to obtain Canadian citizenship. In conformity with the above-mentioned
section 6 (1), Canada has an established immigration system comprising the following classes:
independent immigrants, entrepreneurial immigrants, relatives, Convention refugees, and
immigrants admitted for business reasons or on the basis of family links. According to the