Two Afghan Canadians have filed lawsuits against the Canadian government, alleging that their countrymen received inferior treatment compared to Ukrainian refugees after the fall of Kabul. Both individuals claim that advantages were offered to Ukrainians fleeing Russian aggression that were not provided to Afghans during the Taliban takeover in 2021.
The first lawsuit was filed in May by an advisor who served NATO in Afghanistan. He accused the government of not permitting his family to seek refuge in Canada. The second lawsuit was filed in July by a former language and culture adviser who also served NATO in Afghanistan. Both lawsuits argue that the government offered benefits to Ukrainians that were not extended to Afghans, even though they were experiencing devastating wars and human rights abuses.
Specifically, Canada allowed an unlimited number of Ukrainians to work and study in the country for three years under an emergency visa. The advisor who filed in July claims that these benefits were not provided to foreign nationals from other countries, including those facing similar crises.
According to the lawsuits, Canada has welcomed 175,729 Ukrainian refugees since February 2022, more than four times the number of Afghan refugees who fled to Canada since August 2021. The government has not yet responded to the discrimination claims, but in a similar case before the Canadian Human Rights Tribunal, it argued that unique crises require unique responses.
During the Canadian mission in Afghanistan, approximately 45 Afghan Canadian citizens were recruited by the Canadian Armed Forces to serve as language and cultural advisers (LCAs). The former NATO adviser who filed the lawsuit is one of the few Afghan Canadian citizens who helped NATO member militaries from 2007 to 2011. He argues that his siblings and their families face a serious threat to their safety due to their ties to him, but they did not qualify for refuge in Canada, something that would have been possible if they were Ukrainians.
While the federal government launched a special program in March to bring some Afghan families to safety, the criteria for participation remain restrictive. The program currently excludes some extended family members, including adult nieces and nephews, as well as LCAs who worked for NATO instead of the Canadian military. The government claims that the criteria were determined based on input from a range of stakeholders, but did not provide further specifics.
These lawsuits highlight the perceived disparity in treatment between Afghan and Ukrainian refugees in Canada. While the government argues that unique responses are necessary for unique crises, the plaintiffs argue that all refugees facing similar situations should be afforded equal opportunities for refuge and assistance. It remains to be seen how the courts will respond to these claims and if any adjustments will be made to Canada’s refugee policies moving forward.
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