Abstract
While Canada is revered as a migration hub, discriminatory practices remain a persistent issue at Canada’s borders. In 2017, the RCMP was publicly condemned for distributing Islamophobic, religiously coded questionnaires amongst Muslim migrants on the border between Quebec and the United States. Since 2014, the Canadian government has deployed artificial intelligence-led decision making in Canada’s immigration system. (Molnar, 2018) The use of these technologies has an alarming impact on the internationally recognised human rights, and s15, s2, s8 and s6 of the Canadian Charter of Rights and Freedoms. (Molnar and Gil, 2018) In this essay, I will argue that the use of predictive analysis and automated decision-making systems in Canadia’s immigration decisions can lead to serious breaches of the right to privacy, the right to movement, the right to freedom of association and the right to be free from discrimination. In the first half of this paper, I will define predictive analysis and automated decision-making systems, and outline how AI is used in immigration in the Canadian context. Then, I will discuss the human rights protections violated through automated decision systems in the Canadian immigration system.
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