OTTAWA — The security screening the federal government has brought in for people applying to flee the Gaza Strip is facing criticism from both lawyers who feel its questions are too invasive and others who think it should dig even deeper.
A special program that would allow up to 1,000 people in Gaza with relatives in Canada to apply for visas opened for applications last week, with the federal government seeking an extraordinary level of detail.
People are being asked to supply their social media accounts, details about scars and other marks on their bodies, information on everyone they are related to — including through marriage — and every passport they have ever had.
The questions are creating anxiety for families who worry their loved ones might have trouble answering after three months largely without internet access, electricity, or even adequate food or drinking water, said Calgary immigration lawyer Yameena Ansari. She lobbied for the program as a member of the Gaza Family Reunification Project.
"It's almost impossible to get these answers when you're talking about people that are running away from their homes," she said in an interview.
The questions are also extremely painful because they suggest that families desperate to flee the violence in Gaza are suspected terrorists, she said.
"This is not a list that we would ask somebody who was coming to Canada on a humanitarian basis," Ansari said.
"To me, these are the questions I would ask somebody if I thought that they were terrorists or a combatant."
Meanwhile, Lawyers for Secure Immigration, a group that formed at the outset of the latest Israel-Hamas war, urged the government in a letter last week to ask more pointed questions related to Hamas and terrorist activities to ensure none of the armed militant group’s supporters are allowed into Canada.
Richard Kurland, a Vancouver-based immigration lawyer and member of the newly formed group, called the background questions "grossly insufficient" because they don't probe for possible connections with Hamas and the events of Oct. 7.
Kurland said he understands it's important for Palestinian Canadians to get their family to Canada safely, but said it's not something that can be done "blindly."
Once a bad actor gets into Canada, it is a very long and difficult process to remove them, he said.
This past weekend marked the 100th day of the war, which broke out on Oct. 7 when Hamas launched a surprise attack on southern Israel, killing 1,200 people and taking 240 others as hostages.
The military response from Israel was almost immediate as it lay siege to the territory, restricting access to clean water, food, internet and electricity, and subjecting the strip to a near-constant barrage of bombs in its pursuit of Hamas.
The humanitarian catastrophe has displaced most of Gaza’s population of 2.3 million people. The Health Ministry in the Hamas-run territory says 23,000 Palestinians have been killed, though it does not differentiate between civilians and combatants.
Immigration, Refugees and Citizenship Canada said Palestinians are not considered a greater threat to Canada's security than people from elsewhere in the world, but the "enhanced biographic information" is part of a standard practice in cases where IRCC is not able to do initial screening on the ground.
The background questions are similar to the ones asked of Afghans who were still in Afghanistan when they applied to come to Canada after the fall of Kabul in 2021, the department said.
"As we did with Afghanistan, we will collect enhanced biographic information and conduct security screening while the applicant is still in Gaza. Provided no inadmissibility concerns are flagged, people who are able to leave Gaza will have their biometrics collected in a third country," the Immigration Department said in a statement.
Shortly after the Gaza family reunification program was first announced, Liberal Mental Health Minister Ya'ara Saks said members of the Israeli community in Canada had expressed concerns about the program.
The conflict in Gaza has coincided with a massive rise in antisemitism across Canada, and police have reported an increase in hate crimes directed at the Jewish community.
"This is a limited program, the security concerns are well understood and the security requirements are strict and follow reviews from Israeli authorities," Saks assured her constituents in an Instagram post on Dec. 22, the day after the immigration program was first announced.
"I understand the concerns I've heard from community members. Security is always the number one priority and we will be vigilant."
Saks declined to elaborate on her comments when contacted by The Canadian Press last week.
The background questions are only the first of a multi-step screening process.
If no concerns are flagged, basic personal details like name, date of birth, sex, and passport information of the applicant will be passed on to Israeli and Egyptian governments, which will do their own vetting and determine whether or not the individual can leave Gaza. After that, applicants will still have to undergo fingerprinting and other biometrics before they can board a plane to Canada.
The Immigration Department has promised to be flexible if applicants don't have access to all the background information that has been asked of them, but Jewish Toronto immigration lawyer Debbie Rachlis said that flexibility is not enshrined in the policy.
"That's not written down anywhere and to me it's not worth anything," said Rachlis, who is also a member of the Gaza Family Reunification Project.
The penalties for putting incomplete or inaccurate information in the application can be significant, she said, including getting banned from Canada for up to five years.
Rachlis said she wouldn't be able to answer some of the questions about herself, especially without written records. She said there is no real recourse for people who get refused because they can't remember details, like all of their past work supervisors' names.
The government is still accepting applications, and hasn't given any estimate of when visas could be issued. The department said the application process could take longer than it otherwise would if IRCC has to wait for additional information to complete background checks.
This report by The Canadian Press was first published Jan. 15, 2024.
Laura Osman, The Canadian Press
