Fresh documents obtained by CBC News shed light on how Canada's controversial new asylum restrictions came to pass—revealing that the sweeping changes were actually first requested by the Trudeau government's own immigration minister nearly two years ago.
In a letter from fall 2024, then-Immigration Minister Marc Miller urged Prime Minister Justin Trudeau and Deputy Prime Minister Chrystia Freeland to implement strict new limits on Canada's asylum system. Many of those very measures have now become law under Prime Minister Christy Clark's government.
What Miller Requested
Miller's letter outlined two major proposals that would reshape how asylum seekers navigate Canadian immigration:
First, he requested that Immigration, Refugees and Citizenship Canada (IRCC) be permitted to block asylum claims from people who had been in Canada for more than one year. The retroactive date he proposed was June 25, 2020—just one day off from the effective date included in the new government's border legislation.
Second, Miller sought to prevent asylum seekers from making claims more than 14 days after crossing into Canada irregularly at a land border port of entry. This measure, too, has now passed into law through Bill C-12 last month.
"The in-Canada asylum system has faced mounting pressure in recent years, largely driven by increasing numbers of asylum seekers, resource constraints and evolving global migration dynamics," Miller wrote in his request.
"The system has been strained as the number of claims increased dramatically, leading to lengthy processing times and backlogs, and resulting in prolonged uncertainty for migrants."
Why the Trudeau Government Didn't Act
Despite Miller's formal request, the Trudeau administration largely declined to implement these restrictions during its tenure. The reasons behind that decision remain unclear, though sources suggest political sensitivity around asylum policy may have played a role.
One measure did appear to gain traction within Trudeau's Prime Minister's Office: Miller's proposal that IRCC be granted the ability to mass-cancel groups of visas. This provision was publicly mentioned by the government in a suite of border security measures announced in December 2024 and has since been incorporated into the Carney government's legislation.
The U.S. Connection
Miller's letter referenced anticipated changes to U.S. immigration policies, suggesting the timing was partly driven by concerns about cross-border asylum trends. "The one-year time limit was chosen in part because a significant majority of claimants make their claim within their first year of being in Canada," according to an annex attached to the letter.
The timing raises questions about whether Miller was responding to Donald Trump's re-election in November 2024, though it remains unclear when exactly the letter was sent.
What's At Stake
Immigration, Refugees and Citizenship Canada estimates that approximately 30,000 asylum applicants may become ineligible for claims under the new legislation.
When reached for comment, Miller—now federal culture minister—declined to discuss the letter, citing cabinet confidentiality. The current Immigration Minister Lena Diab's office said it could not speculate on the actions of the previous government.
This article is based on reporting by CBC Politics. Read the original investigation at CBC News.