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The Fight for Justice

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Written by Gayle M. Messinger   
Thursday, 22 December 2011
IN THE LAST DECADE, the so-called threat of terrorism has been extensively used to justify the criminalization of both migrants and immigrants. This Conservative government has increased hostilities through an arsenal of legislative changes, integrated law enforcement and the militarization of borders. Also, Harper and Immigration Minister Jason Kenney have aggressively courted a base within settled immigrant communities, relying on punitive measures to ensure compliance and enforce assimilation.

Immigration controls - such as deportation and detention - are an integral part of the punitive system. These measures subject migrants to repression, and keep immigrants 'in check' by distinguishing the 'deserving' from the 'undesirable'. In 2001, the Liberals replaced the 25-year-old regime with the Immigration and Refugee Protection Act (IRPA). Now, non-citizens who serve 6 months or more in prison for a violation of federal law can be deported and banned from Canada regardless of the length of time they've lived here. They are penalized once through the justice system and then again through the immigration system. This constitutes 'double punishment'.

Canada's penal system forbids a defendant from being charged twice for the same crime and touts the principle of 'rehabilitation'. Yet, double punishment demonstrates that justice depends on someone's status and origin. The government's move to deport Dany Villanueva underscores the breadth of immigration law enforcement in immigrant lives.
Last Updated ( Thursday, 22 December 2011 )