Immigration to Canada: heaven or hell for sponsored family members
by Zoltan Andrew Simon (Red Deer, Alberta)
Family class sponsorship is common in Canada. Although most cases are different, the federal policies allow any ministry to take advantage of the re-victimized sponsors illegally. Two hypothetical
cases below can illustrate this social problem.
Celine Doe immigrated to Canada in 1990. One day she met Fred, a handsome man, in one of the ex-colonies. He was a prince, the son of a tribal chief. He spoke both English and French quite well. Celine
thought that he could become an asset to Canada and to her. Fred promised to marry her (but he never did). She sponsored Fred who arrived in Canada in 1993 as a landed immigrant, with his daughters. Soon he changed and started to abuse her within a few weeks,
than left their home. She was left with Fred’s two daughters that were 17 years old and two months old. Celine took good care of the girls, educated them, spending all of her money on them. Once she got a phone call from Fred. He was studying at a university
for he wanted to become a judge. He said he had little money.
In reality, Fred applied for social benefits in 1993. He reported to the administrators that his wife had abused him. When they asked for details, he lied, “She told me that she hated
me because my skin was too dark.” He also told a lie that his two daughters were living with him and he was supporting them. The chief administrator pacified him by stating, “You are now in a democratic country where no one can discriminate against
you because of your race or ethnicity. We guarantee that you can study and choose a good profession.” So the office granted him social benefits and sent him to the university. Celine did not suspect anything, for no government official has contacted
or phoned her. Fred kept moving from province to province and applied for – and received – social benefits everywhere during a decade.
Many years have passed. Celine realized that she was waiting for the return of her beloved Fred in vain.
Fred’s older daughter – Maria – was a good worker, working non-stop from 1993 to 1998. Then Maria had an accident in the factory and lost her right hand. Celine had to hire a lawyer but they lost the case against the company. In 2008 Celine
tried to sponsor an old friend from Europe who was interested in marrying her. The federal government was silent. They could not decide in her sponsorship case. Then she received a letter stating that they were investigating her debt; she could not sponsor
her new man. Even his visitors’ visa was refused.
In those days, in 2011, she received many surprise letters. The statements showed that she owed a total debt of $800,000 to the governments, due to the social benefits paid to Fred from 1993 to
2005 in eight provinces. They threatened her that they would garnish half of her salary if she would not pay the debts in one payment immediately, adding that she was responsible for the social and medical benefits paid to Maria, too. (In those days Fred often
received large amounts of money at Western Union sent by his secretary in his old country. Canada’s red tape had no idea about that. He lived with several rich women as a playboy. Finally, he dropped out of the college for his drinking problems. Celine
was left with the huge bill for all the damages that occurred.)
The oppressed but shy and frail Celine tried to file a statement of claim at the courts for a solution. The provincial court sent her to the federal court while the federal court sent her
to the provincial court, both qualifying her as a vexatious litigant. Also, she was obliged to support the lazy younger girl who would turn 25 years old only in 2018. Celine’s tax account has always been garnisheed. She wanted to visit her fiancée
but she could not afford it. She had no free time, working day and night for nothing, for the errors of the administrators.
Then a top manager of Service Canada sent her a letter which said that her future pension benefits may be garnisheed without
any procedure at the courts. Celine’s lawyer explained to her that the word “may” in the ministries means that her pension benefits shall be reduced, perhaps to zero. He showed Celine the Canada (Attorney General) v. Mavi, 2011 case
as a rule for this.
Celine would be better off in any country outside Canada, as a political refugee. Here she could only commit suicide, or turn into terrorist by burning down the nearest government office to ashes. Or, she could start a public hunger
strike and notify the international media that may help her, or even handcuff her wrist and ankles to the steel fence of Parliament Building on Canada Day when it is not freezing in the night. She cannot expect any help from the champions of red tape.
Rick and Jane lived in the Northwest Territories. They had a corner store and did a lot of volunteer community work. Everybody loved them. A few decades ago, when tsunami and hunger struck a third world country, they
decided to sponsor a six months old orphan from there. They loved the baby boy, Josh, and took good care of him. A year later, the baby was kidnapped by a criminal whom the local police could not locate.
Several years later the RCMP of British Columbia
found the child but they were unaware of Rick and Jane as the legitimate foster parents. Therefore, the baby was given to another couple that resided in BC. Five years later the police received information about Rick and Jane but did not want to create a legal
dispute. They informed the ministry of human resources and families. The provincial ministry immediately found out the true situation but decided not to inform them at all. Their motivation was different and malicious. They waited for more than a decade to
pass. A car hit Josh at age 16, so the ministry paid the costs of his hospitalization for nine years, till Josh died at age 25. This was the strategic moment for the administrators when they sent a statement to Rick and Jane. The statement said that unfortunately
Josh was dead, but they owed the province over $1,300.000 – as signatories to a sponsorship agreement for Josh, due to their default of the sponsorship obligations. (Since the province charged a compound interest of 20% calculated daily, the ministry
expected much higher return by delaying the notification of Rick and Jane.)
When Rick and Jane were unable to pay, the province started to harass and threaten them. Due to the continuous stress, pressure and the lost court cases they gradually became
depressed, aggressive, hating every human being, even each other. They blamed each other for sponsoring Josh. They separated and chose early retirement, for they were unable to concentrate at work. It became worse when 75% of their pension benefits were garnisheed
by the province without any legal procedure. Luckily, they found a good lawyer who advised them to get certificates from the doctors about their depressions and disability to work. He advised them to move to the warmer BC, since they had no monies left to
heat two cottages. Finally, they won a court case in which the Judge ordered that the Province and Canada shall jointly cover the medical expenses of both, in separate rooms, in a nursing home of Vancouver. This way, both the province and the state lost large
amounts continuously and unnecessarily, for disobeying the law. But, by turning two loyal and hard-working persons into enemies and burdens of the society, every party involved became a great loser, except the lawyer. Was this the intention of Parliament?
These test cases were submitted recently to the Supreme Court of Canada in an appeal. They have been ignored.
The writer married abroad in 2006. Since then, Canada’s red tape refused to give any kind of visa to his sponsored wife and stepson.
Such flagrant violation of human rights, by unlawful separation of the families, does exist in Canada.
One cannot deny the genius behind such massive system of federal torts on the web sites that outline the work of every public servant in Canada. They
are innocent. They must obey their bosses – the ministers – so ignore and contradict the nearly perfect laws of Canada. (Otherwise they would likely lose their jobs.) In real practice the civil servants obey the actual policies of the federal ministries
that are even more distorted and antidemocratic than their written policies. The result is a marked departure from the ideal of “free and democratic society.” It means that Canada is right now is shifting towards a totalitarian dictatorship where
the Cabinet can successfully bypass both Parliament [by proroguing it repeatedly] and the excellent judges of the courts of Canada. Compared the tort situation to an electrical circuit, the Cabinet ministers have created a parallel second line to the original
main circuit and may make “short circuits” whenever they wish. Is it possible that the days of Parliament and the Supreme Court are numbered? (I.e., dictatorships do not need good judges only a dozen of yes-men.)
The courts of Germany
could not stop the prosecution of the Jews, and – if the important issues cannot reach a panel of five judges – the Supreme Court of Canada may be unable to stop the prosecution of the re-victimized sponsors. Here the sponsors are victims of a
federal tort that was masterminded by the CIC and completed by the CRA. There is no indication that the provinces are guilty by accepting gifts due to a federal abuse of power.
Note: CIC is the [Ministry of] Citizenship and
Immigration Canada while CRA is the Canada Revenue Agency.