IMPORTANT - Petition about right to equality (Quebec 38 months delay versus 10 months for the other provinces)

[aycloutier]

Hi everyone, I created a very important petition in a goal to get it presented to the house of commons. This is about our constitutional right of getting fair treatement delays for familly reunication in Quebec. These delays are against the charter of rights and freedom and also the Canada-Quebec treaty on immigration....

The current situation in Quebec is that the delay is about 38 months against 10 months! This constitute to my opinion a very unfair treatment and this must stop! Currently the Federal is delaying permanent resident requests for the familly reunification! This is a right for Canadian citizen and permanent residents to have fair delays!

The petition has 250 signatures and we miss 250 signatures in order to get it presented. Please share!

To sign you must be a permanent resident or canadian citizen. In this petition I mention that quebecers are also Canadian, so they have the same constitutional rights and until quebec is part of Canada, then we should sign this to get our rigts respected.

https://www.ourcommons.ca/petitions/en/Petition/Details?Petition=e-5143

 

[ERCAN]

Signed. Although I'm not fully satisfied with the wording (and thanks god it's not the useless changeorg at least), I share the overall feeling.

The most shocking thing for me was that caps were revealed 5 months after we applied to Quebec.. before that no official statements about possible delays... Today's applicants at least have the knowledge of what to expect and can plan accordingly....

 

[aycloutier]

What you mean you are not satisfied with the wording? Change.org is just to have visibility, but honestly petition here if they have no link to the house of commons will not have so much effect..... I made one on change.org (for visibility), but inside the petition I've put official links to the house of commons!

I agree with you it is so frustrating, me and my wife did marry just 2-3 weeks before Quebec puts the quotas..... Very frustrating. If I would had know that Quebec where to impose Quotas like this, I would had plan my life in Ontario! But it is a little too late as I have a house here in Quebec, a good job too!

So Quebec deserve that petition to be remembered of our rights as of Canadian peoples! I'm proud about Canada, but not about Quebec immigraiton and especially the MIFI, protecting a language to my opinion despite I am french is not imposing it!

 

[scylla]

What you mean you are not satisfied with the wording? Change.org is just to have visibility, but honestly petition here if they have no link to the house of commons will not have so much effect..... I made one on change.org (for visibility), but inside the petition I've put official links to the house of commons!

I agree with you it is so frustrating, me and my wife did marry just 2-3 weeks before Quebec puts the quotas..... Very frustrating. If I would had know that Quebec where to impose Quotas like this, I would had plan my life in Ontario! But it is a little too late as I have a house here in Quebec, a good job too!

So Quebec deserve that petition to be remembered of our rights as of Canadian peoples! I'm proud about Canada, but not about Quebec immigraiton and especially the MIFI, protecting a language to my opinion despite I am french is not imposing it!

So my two cents is that the focus should not be on the CSQ, or rather there is too much focus on the CSQs. The CSQ is not the problem. CSQs have been around forever and previously had no impact on spousal sponsorship processing times previously. The core issue here is that the current provincial Quebec government has implemented caps on PR issuance. This is specifically what has resulted in the horrible processing times people are experiencing now. My two cents is that the way this is written buries that lead, so to speak. That fundamental issue doesn't come out enough for me. The petition should be focused on forcing the Quebec provincial government to drop their caps.

Anyway, just my two cents. Good luck. Processing truly are terrible and I think it's awful the provincial government has done this. Hope you get results.

 

[armoured]

The petition should be focused on forcing the Quebec provincial government to drop their caps.

There was a court case on this that I lost track of, anyone know what the status is?

I think it's awful the provincial government has done this.

Double double plus plus this ^^^^^^

 

[armoured]

Hi everyone, I created a very important petition in a goal to get it presented to the house of commons. This is about our constitutional right of getting fair treatement delays for familly reunication in Quebec. These delays are against the charter of rights and freedom and also the Canada-Quebec treaty on immigration....

The current situation in Quebec is that the delay is about 38 months against 10 months! This constitute to my opinion a very unfair treatment and this must stop! Currently the Federal is delaying permanent resident requests for the familly reunification! This is a right for Canadian citizen and permanent residents to have fair delays!

My two cents: this petition borrows language from the charter in an attempt to be legal-sounding. But, unfortunately, the language of the petition makes what I think are clear legal errors. My view: make this political with reference to the charter, but don't try to legal it up - OR consult a lawyer to make sure the case is clear and obvious errors removed.

Just state the case simply: the current practice by the Quebec government of imposing a quota is a CLEAR form of discrimination against residents of just one province. The charter states 'every individual is equal before and under the law and has the right to ... equal benefit under the law without discrimination.'

[As mentioned in another post, there's a court case about this, it may have already treated the issue of discrimination and the charter. I suspect the Quebec charter could also be used in this but I'm not familiar enough with it.]

-There is no reason to formulate this as something related to the nationhood of Quebec, IMHO - there are some technical questions about this and 'national origin' - and the charter doesn't limit the function of the equality/non-discrimination clause 15, it only notes that such discrimination 'in particular' applies to [list of categories].

-The petition calls on the house of commons to 'rule' on the constitutionality of these thresholds. The House doesn't 'rule' on these things - it passes laws, or resolutions, and can refer to the courts, but 'ruling' on constitutionality is reserved to the courts. To me this is the most egregious - don't ask the house to do things it cannot do (it undermines the whole constitutionality argument).

-You want the government to fix this. It could do this in a couple different ways, by (for example) ignoring the Quebec thresholds, by agreeing with Quebec to lift them, it could refer the situation to the courts.

-Failing that, the House could at least pass a resolution condemning the practice and effect on residents of Quebec. It would be non-binding but would put both the Liberals and the BQ in very embarrassing positions.

-I echo the points about downplaying the CSQs in this text - they're not, in my opinion, the issue. It's the quotas.

 

[scylla]

My two cents: this petition borrows language from the charter in an attempt to be legal-sounding. But, unfortunately, the language of the petition makes what I think are clear legal errors. My view: make this political with reference to the charter, but don't try to legal it up - OR consult a lawyer to make sure the case is clear and obvious errors removed.

Just state the case simply: the current practice by the Quebec government of imposing a quota is a CLEAR form of discrimination against residents of just one province. The charter states 'every individual is equal before and under the law and has the right to ... equal benefit under the law without discrimination.'

[As mentioned in another post, there's a court case about this, it may have already treated the issue of discrimination and the charter. I suspect the Quebec charter could also be used in this but I'm not familiar enough with it.]

-There is no reason to formulate this as something related to the nationhood of Quebec, IMHO - there are some technical questions about this and 'national origin' - and the charter doesn't limit the function of the equality/non-discrimination clause 15, it only notes that such discrimination 'in particular' applies to [list of categories].

-The petition calls on the house of commons to 'rule' on the constitutionality of these thresholds. The House doesn't 'rule' on these things - it passes laws, or resolutions, and can refer to the courts, but 'ruling' on constitutionality is reserved to the courts. To me this is the most egregious - don't ask the house to do things it cannot do (it undermines the whole constitutionality argument).

-You want the government to fix this. It could do this in a couple different ways, by (for example) ignoring the Quebec thresholds, by agreeing with Quebec to lift them, it could refer the situation to the courts.

-Failing that, the House could at least pass a resolution condemning the practice and effect on residents of Quebec. It would be non-binding but would put both the Liberals and the BQ in very embarrassing positions.

-I echo the points about downplaying the CSQs in this text - they're not, in my opinion, the issue. It's the quotas.

I agree with all of this too. Petition is asking the house to do things it cannot do. Was too lazy, pre coffee, to type all that out this morning. A well written petition should have calls to action the House is specifically enabled to do.

 

[ERCAN]

Well, I didn't want into details but scylla and armoured effectively expressed my exact thoughts. Both on the content and form

 

[aycloutier]

So my two cents is that the focus should not be on the CSQ, or rather there is too much focus on the CSQs. The CSQ is not the problem. CSQs have been around forever and previously had no impact on spousal sponsorship processing times previously. The core issue here is that the current provincial Quebec government has implemented caps on PR issuance. This is specifically what has resulted in the horrible processing times people are experiencing now. My two cents is that the way this is written buries that lead, so to speak. That fundamental issue doesn't come out enough for me. The petition should be focused on forcing the Quebec provincial government to drop their caps.

Anyway, just my two cents. Good luck. Processing truly are terrible and I think it's awful the provincial government has done this. Hope you get results.

Super interesting, my two cents.... Caps if they are defined in any administrative rules or in any laws are not valid if they don't respect the charter of rights and freedom, so that petition is to clash and get rid of those CSQ and caps by making them not constitutional! When a law is not constitutional!it must be changed or dropped!

I hope Canada will do respect the Charter and just ignore quebec quotas!

 

[armoured]

Super interesting, my two cents.... Caps if they are defined in any administrative rules or in any laws are not valid if they don't respect the charter of rights and freedom, so that petition is to clash and get rid of those CSQ and caps by making them not constitutional! When a law is not constitutional!it must be changed or dropped!

Yes. Our point is that government can 'drop' the law (well, not a law, so let's just call it a policy). But government can't 'rule' it unconstitutional.

These differences might seem minor, but they're actually important.

I hope Canada will do respect the Charter and just ignore quebec quotas!

Us too. It's outrageous. But the issue is really the Quebec government trying to impose quotas at all.

 

[aycloutier]

Yes, it's outrageous!!!! I hope Miller stop respecting quebec quotas with this , just allow the one with CSQ to get their folder to process again and federal to accept all family reunification by ignoring the requirement of CSQ and tell quebec they respect the charter despite quebec not being happy! If quebec whant these quota to be legal and respected they know what they have to do, they should seperate from Canada I feel bad to be stuck living in Quebec since they made these quotas and I feel my rights not respected as a Canadian! Frustrating Quebec....

 

[scylla]

Super interesting, my two cents.... Caps if they are defined in any administrative rules or in any laws are not valid if they don't respect the charter of rights and freedom, so that petition is to clash and get rid of those CSQ and caps by making them not constitutional! When a law is not constitutional!it must be changed or dropped!

I hope Canada will do respect the Charter and just ignore quebec quotas!

Yep - I see your perspective. If I was a Quebec applicant, I would personally be prioritizing getting rid of the caps and be laser focused on that. I get the thoughts on the CSQ and agree. However my priority would be to get the processing times down which is being directly driven by the caps. Anyway, I don't have a horse in this race but good luck! Make sure you make your thoughts heard at the polls when you vote in the next Quebec election. Can't believe they think the caps are OK.