Canadians have grown used to premiers dipping their toes into federal waters when Ottawa stumbles or is perceived to. But Ontario Premier Doug Ford’s recent flip-flop on issuing provincial work permits to asylum seekers is a case study in political posturing clashing with constitutional reality.
Just a few days ago, Ford was on the offensive. In frustration over what he described as unconscionable delays in work permit approvals for asylum claimants some supposedly stretching up to two years he declared Ontario would take matters into its own hands. By invoking Section 95 of the Constitution, which allows provinces some wiggle room in immigration matters, Ford signalled that Queen’s Park would step into the federal lane.
But within the same week, he reversed course. Standing in Toronto on July 28, Ford backed off his plan to issue provincial work permits, saying instead that he wants to “support” the feds and “help them speed up the process.”
Nothing on Ottawa’s end, apparently. Immigration, Refugees and Citizenship Canada (IRCC) maintains that asylum seekers already have timely access to work permits an average of 45 days, assuming medical exams and paperwork are completed. Most receive their permits within two weeks of approval.
The truth is, Ford’s initial move however dramatic was always going to be legally fraught. Immigration is primarily federal jurisdiction. Section 95 might allow for provincial programs, but issuing work permits wholesale to asylum claimants is not just bold it’s potentially unconstitutional. Any such move would invite legal challenges, bureaucratic gridlock, and confusion for thousands of vulnerable newcomers caught in jurisdictional crossfire.
That doesn’t mean Ford is wrong to be concerned. Ontario has borne the brunt of the rising number of asylum seekers. In 2023 alone, Canada saw more than 143,000 claims up from 91,000 the year before and only 64,000 pre-pandemics. Ontario’s shelter system is bursting. According to Ford, the province has shelled out nearly $1 billion to support refugees, a staggering figure that raises valid questions about cost-sharing and resource allocation.
Compounding the pressure, federal support for asylum seekers staying in hotels is set to end this September. And Ford says he wasn’t even given a heads-up by Ottawa. That kind of communication breakdown is unacceptable in a federation that prides itself on collaboration.
So, while Ford’s backtrack may seem like a retreat, it could be viewed more charitably as a strategic recalibration. His message to Ottawa now seems to be we’re willing to help but don’t expect us to keep footing the bill in silence.
Still, this episode underscores the need for better federal-provincial coordination on immigration. The IRCC’s promise to engage provinces in the upcoming 2026–2028 immigration plan is welcome, but the situation on the ground demands action now not two years from now.
Ford’s outburst and subsequent climbdown reflect a deeper frustration one that premiers across Canada share. Provinces are dealing with the day-to-day realities of increased immigration: housing, health care, education, and social services. And when federal systems stall, it’s the provinces that get left holding the bag.
It’s fair for Ford to expect efficiency from IRCC, and it’s fair for Ontarians to want newcomers to contribute through work. But sweeping promises that ignore jurisdictional limits, and the complexities of federalism are not the solution. Neither are finger-pointing and short-term theatrics.
What Canada needs is an honest reckoning about how asylum and immigration pressures are managed and shared. That conversation can’t wait until 2026.
