Conservatives propose changing the rules for non-citizens convicted of crimes

Conservative Leader Pierre Poilievre rises during question period in Ottawa on Tuesday, Feb. 3, 2026. THE CANADIAN PRESS/Adrian Wyld

OTTAWA - The Conservatives introduced a motion Tuesday calling on the government to bar non-citizens convicted of serious crimes from making refugee claims.

The motion introduced in the House of Commons also urges the government to prevent asylum claims from people whose cases are still working their way through the courts.

One legal expert questioned the value of the proposed changes, and noted that people found guilty of serious crimes can already be barred from attaining refugee status under Canada’s immigration law.

“This is not really about solving a real problem,” said University of Toronto law professor Audrey Macklin. “This is about sending some kind of get tough message.”

The motion, sponsored by Conservative immigration critic Michelle Rempel Garner, follows a recent wave of extortion-related crimes. In response to the surge, British Columbia Premier David Eby has asked Ottawa to close what he calls loopholes in the law.

Garner told the Commons on Tuesday every statistic represents “real human beings who have had their lives and their communities shattered.”

“Small business owners who are receiving crude threats demanding protection money, only to have their shops shot up, homes riddled with bullets and arsons that destroy people’s livelihoods and sanctity,” she said.

Rempel Garner said more than a dozen suspects facing deportation claimed refugee status and efforts to expel the people responsible for the “extortion epidemic” have fallen through a loophole.

“The foreign nationals were identified by B.C.’s Extortion Task Force, but once the (Canada Border Services Agency) began investigating them, they claimed to be refugees,” Rempel Garner said.

As a result, deportations of the 14 suspects have been put on hold until immigration officials decide they have legitimate cases for asylum, she said.

Immigration, Refugees and Citizenship Canada said earlier this month that those who pose a risk to public safety or who commit crimes remain subject to enforcement action at all times.

The Canada Border Services Agency told The Canadian Press its Pacific Region office has been investigating 111 foreign nationals who may be inadmissible based on alleged offences related to the immigration and Refugee Protection Act, as of Jan. 20.

It said this month that nine people had so far been removed from Canada.

“Making a refugee claim does not exempt lawbreakers from the consequences of their actions and the CBSA continues to aggressively pursue the removal of extortionists attempting to evade justice by abusing Canadians’ concern for genuine refugees in need of protection,” the border services agency said.

Macklin said that when a refugee claimant faces court proceedings on a serious charge, an immigration officer can delay making a decision on the eligibility of the person’s claim until the court case plays out.

Several big city mayors have pushed Ottawa to take more steps to address the extortion problem. The municipal council in Surrey, B.C., is calling on Ottawa to declare a federal state of emergency over the rise in extortion cases. The city reported 35 suspected incidents in January alone.

Justice Minister Sean Fraser said Tuesday extortion is a serious crime and what is happening in Surrey is “completely unacceptable.”

Fraser pointed to “tough laws” already in place and proposed changes to bail and sentencing law to make it more difficult for repeat offenders to receive bail.

“There are solutions on the table, but we need all parties to collaborate and stop obstructing in the House to actually help to do what we can federally to bust up these extortion rings and deliver safety to communities,” Fraser said.

Delegates at the recent Conservative party convention in Calgary called for similar changes to the immigration and justice systems when they voted in favour of a policy proposal saying Canadian taxpayers should not pay for the “rehabilitation of foreign nationals.”

This report by The Canadian Press was first published Feb. 10, 2026.

-- With files from Jim Bronskill, Brenna Owen in Vancouver and Wolfgang Depner in Victoria