Immigration Law

How Bill C-2 Could Reshape Refugee Protection in Canada

March 17, 2026
Gital Gosai
Barrister and Solicitor

On June 3, 2025, the federal government introduced Bill C-2, the Strong Borders Act, with the stated purpose of enhancing national security and border management between Canada and the United States. The bill includes wide ranging changes to multiple federal statutes, however the most impactful changes for refugee claimants are contained within Parts 7 through 9, which propose sweeping reforms to the Immigration and Refugee Protection Act (IRPA).

The proposal of this bill has called into question the current Asylum system and various charter rights. Organizations such as Amnesty International are calling it an “Attack on the human right to seek asylum”.

As it stands, the bill, if passed, could dramatically reshape the refugee system in Canada.

Here’s a breakdown of the most notable changes for claimants:

1. Elimination of Designated Countries of Origin (DCO)

The bill proposes to abolish the DCO regime. While this may seem like a progressive step, removing the categorization of certain countries as “safe” and potentially leveling the playing field, it is important to note that other restrictive provisions in the bill may offset this benefit.

2. Increased Ministerial Powers Over Refugee Claims

Bill C-2 grants the Minister of Citizenship and Immigration new authority to:

3. Presumptive Abandonment of Claims

The bill allows the RPD to declare claims as abandoned before a referral is made—again, in certain circumstances. This could disproportionately affect refugee claimants who face delays in filing or gathering necessary documentation due to trauma, language barriers, or lack of legal representation.

4. Suspension of Hearings for Claimants Not in Canada

Both the Refugee Protection Division and Refugee Appeal Division would be mandated to suspend proceedings if a claimant is not physically present in Canada. While this seems procedurally neutral, in practice it could delay or derail the claims of individuals forcibly removed or stranded abroad.

5. New Grounds of Ineligibility

Part 9 would amend the Immigration and Refugee Protection Act to make certain claims ineligible for referral to the Refugee Protection Division of the Immigration and Refugee Board of Canada. The bill proposes that a claim would be ineligible for referral if refugee protection is claimed more than one year after an individual’s first entry into Canada after June 24, 2020.
Additionally, a claim would be ineligible if a claimant arrives in Canada between land ports of entry from the United States and makes a claim for refugee protection 14 days or more after the day on which they entered Canada.

6. Orders to Terminate or Suspend Claims in the “Public Interest”

Perhaps most alarmingly, Part 8 authorizes the Governor in Council to:

This opens the door to arbitrary or politically motivated decision-making, which could undermine Canada’s obligations under the 1951 Refugee Convention and violate the Charter rights of claimants.

A Shift Toward Procedural Efficiency or Erosion of Protection?

While the Strong Borders Act is presented as a modernization of Canada’s border and security framework, the refugee law amendments place asylum seekers at risk.

If passed in its current form, Bill C-2 could represent one of the most significant rollbacks of refugee protection in recent Canadian history.

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If you have questions or concerns about how this could affect you or your application, don’t hesitate to contact our office.

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