Bill C-57 (Historical)

An Act to amend the Immigration and Refugee Protection Act

This enactment amends the Immigration and Refugee Protection Act to allow officers to refuse to authorize foreign nationals to work in Canada in cases where to give authorization would be contrary to public policy considerations that are specified in instructions given by the Minister of Citizenship and Immigration.

Immigration and Refugee Protection Act

[Colin Carrie, Conservative, Parliamentary Secretary to the Minister of Industry]

Mr. Speaker, today we rise to debate the Immigration and Refugee Protection Act, Bill C-57. I thank my colleague, the Minister of Citizenship and Immigration, for tackling this very important issue. Canada's immigration system, historically, is something that we are all very proud of.

We are all immigrants to this country. My father was an immigrant. We have to ask, why do people come to Canada? Why do they choose Canada over so many other choices in the world? What do they expect when they come to Canada? Is it hope? Is it a new life? Is it a safe place to live? Is it a future? Is it an opportunity? I would say yes. However, do they expect to be exploited and abused? I definitely say no.

Today we are talking about Canada's reputation. I am proud of Canada and I am proud of Canada's role in the world, but I am very concerned because Canada's reputation is being harmed. Canada is being seen as becoming a haven, a country now linked to an industry of abuse and exploitation. It is unacceptable to allow situations of exploitation, which used to exist under the Liberal government, to continue.

The previous Liberal government did nothing to stop human trafficking. It allowed foreign strippers, foreign nationals, into the country, regardless of whether they could be potential victims of abuse or exploitation. The Liberal strippergate scandal must never be allowed to repeat itself.

It is not acceptable for a government to knowingly authorize vulnerable foreign workers, such as strippers, to enter our country, enter potentially abusive situations and potential criminal activity. The proposed amendments before us address the contradictions and help prevent vulnerable people from being abused.

Human trafficking is a global problem and it requires a global response. Canada has to do its part. The UN has put forth recommendations. There is a UN protocol to prevent, suppress and punish trafficking in persons, especially women and children. It provides an international framework to address human trafficking. Canada has ratified the protocol and we encourage other countries to do so. Countries such as Australia, the United Kingdom and the United States have take action on this very important issue.

We have international standards. We have multi-pronged approach, a response to human trafficking, what they called the three Ps: first, prevention of trafficking; second the protection of victims; and third the prosecution of offenders.

Canada's new government is taking its international obligations seriously. We are working to combat human trafficking. We are strengthening criminal law to repress and stop human trafficking. We are looking at the RCMP's human trafficking national coordination centre, which provides a focal point for facilitating human trafficking investigations and helping to protect victims.

The government has enhanced training for law enforcement, for border officials and NGOs, on victim identification. We have released new guidelines for immigration officers in May 2006, unique to the needs to help victims.

Canada works with its partners internationally. For example, Canada works with the United States in a binational assessment of trafficking in persons. We are there to help increase awareness of this problem. Internationally, Canada is providing leadership, including prevention and awareness raising efforts for all countries, but particularly source countries. We are taking action.

However, I am very concerned at the stance of some of the members in some of the speeches that I have heard here today.

I listened to the NDP speeches today. The NDP, with its extremely radical left-wing agenda, claims to be in favour of women's rights. Yet it is against more money for women in need. Instead those members are in favour of increased money for advocacy groups, not the people who really need it.

We also noticed the languages of the NDP members in their speeches. They keep repeating “sex trade workers”. It almost sounds like they would like to unionize these unfortunate, disadvantaged women. I have never heard anyone say that “when I grow up I want to be a sex trade worker”. These women and children are victims. It is up to the Government of Canada to take a stance and do what we can do to help these victims, who find themselves in these incredibly unfortunate situations.

I listened to the member for Burnaby—Douglas who said that this was a minor attempt at improving the issue on human trafficking. It is a positive step forward. Why will the NDP not support this very important step forward? By members not stepping forward, they are actually leaping backward. They are against women's rights. They are against the disenfranchised. They are against those who are outright abused in the sex trades.

NDP members are being intellectually dishonest with their philosophical basis. This issue is about people being sexually exploited and about human trafficking. No matter how one wants to pervert the argument, distort the facts, the legislation is about closing loopholes on human trafficking, about human exploitation.

I implore the NDP and the other members of the House to change their position.

We see on the record that there has been some flipping and some flopping and some changes. I will to read into the record what the member for Winnipeg Centre from the NDP had to say about the previous government's record. On October 30, 2005, he said:

The door is still wide open for the type of wholesale exploitation that existed with the Eastern European dancers, and in reality the minister of immigration is still pimping for the underworld.

He went on to say:

Five successive ministers of immigration have been pimping for the underworld by providing an endless stream of fodder for the underworld of pornography and prostitution under the guise of legitimate dancing.

Today we hear that the NDP will not be supporting what the government is moving forward.

With respect to the government's allowance of a visa for exotic dancers, the member for Winnipeg Centre also said:

I condemn the government for allowing this program to exist. I cannot believe how callous and uncaring it must be.

Even the leader of the New Democratic Party, the member for Toronto—Danforth, on the so-called exotic dancer program, said on December 2, 2004, in the Edmonton Journal and the Globe and Mail:

Now the government might not any longer be pimping for the sex industry and that is a good thing and it never should have been doing that in the first place.

I hope the leader of the NDP and the NDP caucus will vote in favour of Bill C-57, recognizing that our government is taking a real and necessary action to deal with this important issue, something the previous government failed to do.

I am very proud of members of the House and the work they are doing on human trafficking.

I need to continue my speech by acknowledging my colleague, the member for Kildonan—St. Paul, for all the good work on this issue. I note she has been an advocate for victims, for people who have been exploited coming into our country. I know she has travelled extensively and has identified the problem of human trafficking in virtually every community in which she has been. She has worked tirelessly and she has spoken, and more important, listened to the victims of the sex trade industry. They have told her that we need to change our system of closing our eyes and looking the other way.

Bill C-57 has been well received by groups working to eliminate human trafficking. I will read into the record some of the things that have been said about Bill C-57.

Irena Soltys, co-chair of the Stop the Trafficking Coalition said:

Stop the Trafficking Coalition supports [Minister of Citizenship and Immigration] announcement regarding changes to the IRPA to protect vulnerable workers. Included in this are women that may have been exploited as exotic dancers and forced to work as sex slaves....Canada, as an international human rights leader, owes them the protection that they are entitled to.

John Muise, director of public safety for the Canadian Centre of Abuse Awareness, said that Bill C-57 “is part of the response that needs to occur in terms of protecting women and children in this country”.

Sabrina Sullivan of the Future Group said:

[The] Immigration Minister...has taken an important step to protect women from sexual exploitation and end a program that made Canada complicit in human trafficking.

It is clear that [the Prime Minister's] government is serious about combating human trafficking.

Even those in the adult entertainment industry are acknowledging the need for Bill C-57. Dale Pidluzny, a booking agent for Independent Artists, stated in the Calgary Herald on May 18:

If there's girls being taken advantage of out east because of that, then yes, they should shut that door on it.

Immigration lawyer Richard Kurland said on The Verdict on CTV Newsnet:

The idea is to prevent any degrading, humiliating treatment, including sexual exploitation. There is nothing in the proposed law about abandoning exotic dancers or strippers....

--for the first time in immigration policy we're going to see a debate where it belongs, in Parliament.

Here is what I am asking of all members in the House, particularly the NDP. It is the NDP that claims to stand up for women's rights, the NDP that claims to stand up for victims and the NDP that claims to stand up and look out for the disenfranchised and those who fall through the cracks, yet due to some NDP members' radical left-wing agenda, today they say they will not be supporting this bill. They will not be supporting this positive step forward.

This issue is about closing the loophole in trafficking in human beings. Canada's international and domestic reputation depends on this action. This is about the protection of innocent women and children. I ask all members to stand with us and support this bill.

[Ed Fast, Conservative, Abbotsford, BC]

Mr. Speaker, I thank the member for recognizing the Mennonites and the role they play in Canada. I happen to be a Mennonite. I do not know if the member knew that, but I am. I understand very well the issue of the Mennonites who left Canada and went to Mexico. I understand this particular issue.

Unfortunately, the member mischaracterized our government's position on this. It is unfortunate that he is trying to introduce that issue into something that is quite different, which is the trafficking of human beings into Canada, which is of course in Bill C-57.

What is even more disappointing in the member's question is that he refers to the debate we are having in the House today on the trafficking of human beings into Canada as taking oxygen and time away from the House, as if the issue of human trafficking is insignificant and not worthy of the House's consideration.

I think the member is going to have to reconsider those comments. I do not believe that is what he intended to say, but we have to clarify that point. Today's bill addresses the issue of trafficking human beings from other countries into Canada and then those trafficked victims being exploited in Canada. The bill addresses that. We as a government are getting things done.

[Ed Fast, Conservative, Abbotsford, BC]

The member across the way says the bill is too skimpy. It is one small but significant step in the right direction. The bill does exactly what the motion of my colleague from Winnipeg did, which was to ask this House and governments across Canada to support efforts to stop the trade of human trafficking.

Unfortunately, we have heard the NDP speak out against the legislation. The member for Vancouver East and the member for Burnaby—Douglas have spoken out against it. That is unfortunate. I would ask NDP members how they square their current position with the previous commitments of their own NDP colleagues such as, for example, the member for Winnipeg Centre, and even their own leader, the member for Toronto—Danforth. I would like to quote those members. It is instructive.

For example, the NDP member for Winnipeg Centre said the following about the appalling record of the former Liberal government:

The door is still wide open for the type of wholesale exploitation that existed with the eastern European dancers, and in reality the minister of immigration is still pimping for the underworld.

He went on to say:

Five successive ministers of immigration have been pimping for the underworld by providing an endless stream of fodder for the underworld of pornography and prostitution under the guise of legitimate dancing.

Whose comments were those? They were from the NDP's own member, in the Winnipeg Sun of October 30, 2005.

With respect to the previous Liberal government's allowance of a visa for exotic dancers, this blanket exemption, the NDP member for Winnipeg Centre also said:

I condemn the government for allowing this program to exist. I cannot believe how callous and uncaring it must be.

That is pretty categorical, I would suggest, coming from an NDP member.

Even the leader of the NDP, the member for Toronto—Danforth, said the following about the so-called exotic dancer program that resulted, of course, in the Liberal strippergate scandal:

Now the government might not any longer be pimping for the sex industry, and that is a good thing, and it never should have been doing that in the first place.

In light of these previous statements by the leader of the NDP and the NDP member for Winnipeg Centre, I am very disappointed and quite surprised that the NDP now has chosen to oppose Bill C-57. That is shameful. How can they flip-flop like that?

I would ask the NDP to reconsider its position, recognizing that our Conservative government is taking real and necessary action to deal with this important issue, which is something the previous government failed to do.

I appreciate having the time to share my feelings on this issue.with my colleagues here in the House. I strongly support Bill C-57 and I know that my government does. I know that members from some of the opposition parties do as well. As for those members of this House who still do not support it, I ask them to reconsider.

We as Canadians take pride in protecting the most vulnerable in our society, our children, the disabled and, yes, foreign workers who are being trafficked around the world, who want to come into Canada and ply their trade here.

Let us make sure this does not happen. I urge all members to do the right thing and support quick passage of Bill C-57.

[Ed Fast, Conservative, Abbotsford, BC]

Mr. Speaker, I am pleased to have the opportunity to join in this important debate on Bill C-57, An Act to amend the Immigration and Refugee Protection Act.

First, I thank my colleague, the hon. Minister of Citizenship and Immigration, for having the foresight and integrity to propose this important and badly needed amendment. It takes courage to turn back the clock and go back to what spawned this whole issue.

We had a Liberal government in place for 13 years. It had a policy that allowed strippers, foreign nationals, to come into Canada under a blanket exemption. Canadians found this completely abhorrent, that we would allow foreign nationals to come into Canada where more often than not they were exploited sexually. Therefore, I really admire the minister's courage for having undertaken this very small but significant step.

A number of hon. members have already spoken about the need to protect foreign nationals, who may be vulnerable to exploitation and abuse through their application for temporary work permits in Canada. I commend those speakers for their participation and I am hopeful they will all support the legislation.

We just heard from members of the NDP. They do not support the legislation. They do not support putting up some safeguards to ensure that foreign nationals going into the stripping industry do not get into Canada. They would like to see them come into Canada first and then deal with the problem after the fact.

At first glance, this issue may appear to be quite simple to some. However, it is not that simple as there are many dimensions and perspectives which add to its overall complexity. This is evident by the number of stakeholders who are involved and affected by this matter. In fact, many of those stakeholders have appeared before various committees of the House. Naturally, each one has a different approach to a solution to the problem. However, I believe they all agree on one thing, and that is a comprehensive approach is needed to significantly reduce the risk of exploitation of foreign nationals, including exotic dancers who are seeking temporary work in Canada.

I believe Bill C-57 is the responsible, measured and accountable approach to the problem of sexual exploitation of foreign nationals and the whole issue of human trafficking, which I will get to in a moment.

As other members have already pointed out, a number of countries have adopted similar legislation to ours. If we talk to stakeholders who daily provide assistance and support to those who have been victimized, I believe we will find them agreeing with the old adage that an ounce of prevention is worth a pound of cure. That partly addresses the comments we just heard from the members of the NDP, who suggest that we let them come into the country and then create all kinds of social programs to try to help them.

I urge those who have doubts about the legislation to talk to the ultimate stakeholders in this matter, the victims. Women and children who have been trafficked from around the world are being victimized time and time again.

I want to talk about a colleague of mine, the member of Parliament for Kildonan—St. Paul, who has taken the whole issue of trafficking of human beings very personally. She even introduced in the House a motion which asked governments across Canada to move forward in addressing the whole issue of human trafficking. I was privileged to speak to that motion. Bill C-57 is simply one small but significant response to that cry for help from the victims of human trafficking. Kudos to the member for Kildonan—St. Paul for taking this issue on.

I had a chance to sit in on one of the meetings of the Status of Women committee. Numerous stakeholders involved in the whole issue of human trafficking provided testimony. Their stories really touched our hearts, people who have been victimized to their core and not only once, but time and time and time again.

What is interesting is the fact that not only are foreign nationals being trafficked into Canada. Canadians, usually Canadian girls and women who in some cases go into the modelling industry, end up going abroad to places like Milan. Suddenly they find themselves involved in the whole issue of sexual exploitation and are trafficked. It is very unfortunate. It is something that occurs around the world, and we have to address it immediately.

When I listen to the stories of the victims about how they were abused and exploited, I cannot understand how Canadians can not do something about it. It is unconscionable that we in Canada are not going to take some concrete steps to address this issue. If we were to ask the victims, if they would be willing to repeat their experiences, we know what their answer would be.

Bill C-57 would provide the government with the authority to save individuals from such a fate of victimization at the hands of human traffickers. It would also strengthens our ability to protect Canada's immigration system from being abused by traffickers and shady immigration consultants, those who know there are vulnerable victims around the world who can be abused, especially here in Canada.

Without the authority of this bill, a gap will continue to exist in the legislation that governs our immigration and visa system. That gap must be closed. I suggest that not doing anything about this problem would be abdicating our responsibility as government, as Canadians. That responsibility is to ensure the safety and security of all individuals within our borders and those who come to our borders.

I know some members may be concerned that such additional authority could lead to an abuse of power. An abuse of power on whom, the victims? More likely it will be the traffickers who are upset that we have interfered with their business. This is not an issue of abuse of power. We are dealing with pimps and human traffickers who abuse human beings.

In response to that allegation, the legislation once again proves that our new Conservative government is committed to being open, transparent and accountable when we bring forward legislation like this. We are being open in the sense that any denial of entry by foreign nationals must be based on clear public policy objectives and evidence that backs it up. We are also being transparent in that any decision by an immigration officer to refuse a work permit to a foreign national would require the concurrence, in other words, the agreement, of a second officer.

Finally, the proposed legislation will introduce accountability, as well, in that the ministerial discretion to deny work permits would be published in the Canada Gazette and reported in the annual report to Parliament on immigration.

The days of the Liberals' strippergate scandal are over. Canadians were horrified when that scandal occurred. They asked how it could happen in a civilized country. Today we are closing the door on that.

To demonstrate our government's commitment to being open, transparent and accountable, I will quote immigration lawyer Richard Kurland. He said:

What is absolutely striking about the new government's approach, unlike the former government, the new government is going through the front door. I have never seen this in 15 years of immigration policy a very controversial plan that has [been] brought before Parliament. Normally, in years past, it was done behind the bureaucratic doors, or through a [fait accompli] regulation with no public debate. That's what's remarkable to day [for immigration policy].

Those are the words of Richard Kurland, a noted immigration lawyer. He made those comments on The Verdict, CTV Newsnet, May 16, 2007.

That was our commitment to openness and accountability, and that is exactly what the bill will do. Canadians know what they are getting from a new Conservative government.

Some of my colleagues have already referred to positive and supportive remarks made by representatives of several stakeholder organizations. In many cases they represent those organizations that actually intervene on behalf of the victims of human trafficking. They intervene on behalf of those foreign nationals who, one way or another, come into Canada and are now being exploited sexually.

I would like to reiterate the support we have received from key stakeholders concerned with the very important issue of human trafficking. For example, Irena Soltys, who is the co-chair of the Stop the Trafficking Coalition, said the following:

Stop the Trafficking Coalition supports [the Minister of Citizenship and Immigration's] announcement regarding changes to the Immigration and Refugee Protection Act to protect vulnerable workers. Included in this are women that may be exploited as exotic dancers and forced to work as sex slaves...Canada, as an international human rights leader, owes them the protection they are entitled to.

Sabrina Sullivan of the Future Group said:

--[the] Immigration Minister has taken an important step to protect women from sexual exploitation and end a program that made Canada complicit in human trafficking. It is clear that [the Prime Minister's] government is serious about combating human trafficking.

John Muise, director of public safety for the Canadian Centre for Abuse Awareness said that Bill C-57 was “part of the response that needs to occur in terms of protecting women and children in this country”. That was from CTV Newsnet's The Verdict of May 16, just this past month.

Then, of course, we have the Salvation Army, which also welcomed the May 16 announcement of these proposed amendments to the Immigration and Refugee Protection Act. Christine MacMillan, territorial commander of the Salvation Army in Canada and Bermuda, said:

This announcement is an excellent advancement towards the protection of women from sexual exploitation. It is another positive step in the fight against human trafficking, and we are encouraged by the leadership shown by the Federal Government.

That is from no less an organization than the Salvation Army. I think all of us in this House can agree that the Salvation Army has spent not only decades but a couple of centuries addressing the issues of human poverty, of addiction, and of people who are in deep distress and need and in many cases are being exploited. The Salvation Army supports our legislation, Bill C-57.

It is interesting that even some in the adult entertainment industry support this bill. They are the ones who are mostly likely to be hurt by this. They may have fewer resources available, at least initially, to be able to carry on their business, but some of their members have actually expressed support with what we are moving forward with, which is to address the root causes and the issues that arise out of human trafficking around the world. As Canadians, we do not want to be complicit in assisting human traffickers to ply their trade in our country.

It is clear from the support of these key stakeholders that this legislation is not only important but essential to help deal with the very serious problems associated with the abuse and exploitation of vulnerable foreign workers.

Canada's government is taking real action to help prevent the exploitation of women and children, while protecting other foreign workers who could be subject to the same kind of abuse and exploitation here in Canada at the hands of our own traffickers.

Facilitating human trafficking by permitting foreign strippers into the country, regardless of whether they could be potential victims of abuse, is not acceptable. In Canada we do things differently. We respect human rights.

Canadians are justifiably proud of our worldwide reputation for fairness. It is unacceptable to allow the situations of exploitation that existed under the previous Liberal regime to continue.

I am pleased to hear that the Liberal and Bloc members apparently have seen fit to support our legislation, although some of the comments from the Liberal benches are really paying lip service to this bill.

[Bill Siksay, NDP, Burnaby—Douglas, BC]

Mr. Speaker, what is wrong with it is the job essentially has already been done. The initiatives were started by the previous government and are continued by the current government. As I said, back in 2004, 423 such permits were issued. Last year, there were only 17. The bill would really add nothing to the protection of foreign workers in Canada.

As the Canadian Council for Refugees said in its press release:

Only a handful of work permits have been issued to “exotic dancers” in recent years. Parliamentary time would be better used to address the broader problem of the exploitation of non-citizens in Canada.

Bill C-57 does not do it. It is a waste of our time. In this corner, we cannot support it for those reasons.

[Bill Siksay, NDP, Burnaby—Douglas, BC]

Mr. Speaker, I am happy to resume speaking to Bill C-57.

Before question period, I was saying that the appropriate place to stop someone coming to Canada to work in a degrading or humiliating workplace surely was at the labour market opinion stage where Human Resources and Social Development Canada puts forward an opinion about that workplace and that particular job.

Doing the survey of the workplace and the job would be the appropriate place to make the determination about whether it was an appropriate place to work and an appropriate job to do. The process should be ended before anyone even applies for a work visa overseas.

However, it seems to me that this has largely been accomplished. It is my understanding that the number of work visas issued specifically for exotic dancers has already been dramatically reduced. My understanding of the statistic is that there were 423 such visas issued in 2004 but that last year, in 2006, that number was only 17. I do not believe there is a serious problem at this point. It seems that it has been largely addressed through existing programs and existing legislation. I do not believe, therefore, that this is serious attempt to deal with important issues of human trafficking.

It seems like now this is a rather minor program in terms of overseas workers and certainly a very minor attempt to deal with the important issue of human trafficking that exists here in Canada and around the world.

More than that, it feels like it is entirely a politically motivated piece of legislation. When the bill was first announced, it seemed like it was an opportunity to write the rather pejorative term “stripper” in a press release, to write it almost 10 times over the course of one press release and to drag up an old scandal that faced the previous government.

Rather than a serious attempt to deal with issue of human trafficking, I think this was a rather sad attempt by the Conservative government to drag up an old scandal of the Liberal government.

The stated goal of the bill is “to protect foreign nationals who are at risk of being subjected to humiliating or degrading treatment, including sexual exploitation”. In reality, it does nothing to accomplish that since all it would do is deny people a visa to come to Canada to work.

If they were under the influence of traffickers or unscrupulous people who were exploiting them for degrading or humiliating purposes, the bill would do nothing to remove them from that influence or from those circumstances. It merely denies them work visas to come to Canada. It leaves them in the clutches of the trafficker or the person doing this exploitation.

The bill does nothing to break trafficking rings. It does nothing to improve the situation of those people who seek this kind of work. It does nothing to address the working conditions in the sex industry in Canada or for exotic dancers in Canada or elsewhere. It does nothing to address their human rights. It does nothing to address flaws in criminal laws. It does nothing to address attitudes toward women in Canadian society.

The bill seems to say that there are some workplaces in Canada that are inappropriate for foreign workers but, because it does nothing to address the apparently serious problems of those workplaces, that it is all right for Canadians to work there. Surely this exposes the flawed approach of the government with this legislation. If this is an inappropriate workplace for a foreign worker, it should also be an inappropriate workplace for a Canadian worker, and this legislation does absolutely nothing to address that situation.

I believe that in some quarters there is hope that the bill might be able to improve it or amend it but, frankly, I am not optimistic about that but I will not slam the door shut on it. I believe this bill is likely to make it to committee and I will do my job there to see what comes before the committee in terms of amendments and improvements. However, it does not change my mind about the bill. I am still opposed to the bill before us but I will do my job when it comes before the committee.

Many of us believe that many foreign workers, including temporary foreign workers, agricultural workers and live-in caregivers, are exploited in Canadian workplaces. Those concerns have been expressed time and time again over many years without any action being taken on that exploitation that happens already here in Canada.

The concerns include: wages that are below the Canadian wage standard in many industries; employment standards such as hours of work; inappropriate accommodation; special charges; workplace safety; restrictions, such as the requirement that makes it impossible for a live-in caregiver to change employers; and temporary foreign workers inability to address permanent resident status and, ultimately, the rights and responsibilities of Canadian citizenship.

Those concerns are all well-documented problems with our temporary worker program here in Canada. This bill, by seeking to only address a tiny piece of the problems facing temporary foreign workers, misses the point.

Many people believe that these concerns that have been expressed about other temporary worker programs amount to degrading and humiliating treatment because they are conditions that would be absolutely acceptable to Canadians working in those industries. It is no surprise that Canadians are often unwilling to work for instance in the agriculture industry because of some of the working conditions there. Canadians are unwilling to work as live-in caregivers because of the conditions of work that are in that profession.

The bill does nothing to address degrading and humiliating workplaces in Canada. If these workplaces are unacceptable destinations for foreign workers, they should also be unacceptable for Canadian workers.

For those reason, the NDP cannot support the legislation. We say that we should be focusing on the harm caused due to the problems of those workplaces. We should change the unacceptable conditions that plague these workplaces and these particular programs that temporary foreign workers face when they come to Canada.

Instead, what we are offered by the government in Bill C-57, I believe, is an attempt at moralistic legislation that bandies about the pejorative term strippers as a way of mobilizing support for something that I think is a very small piece of the problem. It is also paternalistic in that it seems to indicate that an immigration officer knows better than, for instance, the woman overseas who is applying to come to work in Canada.

If we had better employment standards and tougher requirements for employers who want to employ temporary foreign workers, the bill would be completely unnecessary.

I want to talk a bit about the report of the Subcommittee of the Standing Committee on Justice and Human Rights with regard to Canada's solicitation laws. The report was called “The challenge of change: A study of Canada's criminal prostitution laws” and was tabled here in December of last year.

The report makes a recommendation on human trafficking. It was the second recommendation of the report and I would like to read that into the record because I think it was a helpful intervention. It states:

The Subcommittee recommends that the Government of Canada ensure that the problem of trafficking in persons remains a priority so that victims are provided with adequate assistance and services, while traffickers are brought to justice.

Unfortunately, the bill before us today, which purports to deal with the issue of human trafficking, addresses none of that. It does not ensure that traffickers are brought to justice in Canada. In fact, it only prevents someone who the minister may feel might be subjected to trafficking, from escaping the clutches of that person in their country of origin. It also does nothing to improve the assistance that is available to victims.

We need to ensure we are identifying and prosecuting people who engage in human trafficking. Why are these people not being identified? If they are, why would any of them be able to have a job vacancy certified here in Canada?

The special committee on solicitation also made other recommendations. One of them was to ensure that police had the training resources that are necessary. They also talked about the need for a good understanding of prostitution and the sex industry in Canada.

The subcommittee's sixth unanimous recommendation was:

The Subcommittee recommends that the Department of Justice coordinate research on prostitution on a priority basis with other levels of government, institutions, and non-governmental organizations, as well as persons selling sexual services. This research should include an examination of best practices adopted in Canada and abroad.

What that recommendation goes to is the fact that we do not clearly understand the workings of the sex industry in Canada. We do not clearly understand what is the most helpful approach to prostitution and to the sex trade here in Canada and sex work here in Canada. The research is incomplete. We do not understand what sexual exploitation really means in our society. There is contradictory research on those issues.

The subcommittee on solicitation said that we must be clear, that we have to develop good public policy alternatives and that we need to do that work. Again, Bill C-57 does nothing to ensure that that work is undertaken, so that we come to a clearer understanding of that in Canadian society and here in Parliament.

The Standing Committee on the Status of Women also recently tabled a report that made 33 recommendations on human trafficking and on trafficking for the purposes of sexual exploitation. That report is, “Turning Outrage into Action To Address Trafficking for the Purpose of Sexual Exploitation in Canada”. It was tabled in February 2007.

I realize there is some concern about some of the recommendations and about the thoroughness of the study that the committee was able to undertake, but it is very interesting to look at the report. I think there is a helpful discussion.

I note that in its over 58 pages not once does it suggest the course of action taken by the government in Bill C-57. Not once does it suggest that the way of addressing human trafficking is to deny visas overseas to people who might come to Canada to work in a degrading or humiliating workplace. Instead, it discusses anti-poverty measures but interestingly not in a global context, but which is surely an issue when we are dealing with international human trafficking.

That report also discusses gender equality, sexual exploitation, Criminal Code changes, sexual tourism, increasing awareness of trafficking, women in migration, immigration policies and regulation, the need for a Canadian counter-trafficking office, training for law enforcement officers, victims services and resources for the police.

Not once does it suggest denying visas to women who might potentially be trafficked. Instead it outlines a long and detailed agenda of many other issues which go to the heart of human trafficking in Canada and around the world.

Again, I have to say that Bill C-57 seems a very paltry contribution to the whole issue of human trafficking, especially given some of the recent work done by subcommittees and standing committees of the House of Commons.

I would contend that poverty is an issue when we are looking at human trafficking. Therefore, our foreign aid commitment is an issue.

Canada's determination to lead wealthy countries to address poverty is also an issue when we are trying to address the issue of human trafficking. If the economic situation of women and of all people worldwide improved, it would put a huge dent in trafficking and make it less attractive as a mechanism to escape poverty, a less attractive mechanism to finding a more hopeful future for some people and women around the world.

We should also be addressing immigration possibilities for women and ensure that women's success as independent applicants addresses the financial disadvantages that many women face in the immigration process. Again, there is nothing in Bill C-57 to address that kind of problem.

In fact, I would rather see a program that would help immigration officers overseas when someone has come to them to apply for a visa to escape either poverty or exploitation as a trafficked person. Those officers should have options available to them to ensure that something is done to protect the person and to ensure that the person is safe, that something is done to ensure that action is taken against the trafficker or the exploiter and something is done to help that person establish himself or herself successfully in his or her own country or even here in Canada.

It would be better to look at Criminal Code amendments here in Canada. Surely it is through the Criminal Code that we would deal with issues of trafficking and exploitation, and issues of humiliating and degrading work. Surely those are issues that demand Criminal Code attention and not just the action of an immigration officer overseas.

We also need to make sure that international agreements are promoted by Canada and upheld by Canada to ensure that human trafficking is addressed in those kinds of forums around the world.

Trafficking and sexual exploitation are serious issues that demand serious action. Unfortunately, this bill is not that action and we in this corner cannot support it.

We do not see it as a serious attempt to stop trafficking, to prevent people from being exploited in degrading or humiliating workplaces, or to address sexual exploitation. We have to address the workplace here in Canada, deal with the exploitative employer, deal with the work situation that causes someone, anyone, to be degraded or humiliated for whatever reason, not just sexual exploitation.

We need to deal with the flaws in the approval process that allow temporary foreign workers to come to Canada. How does an employer who operates a degrading or humiliating workplace get approval to seek temporary workers in the first place?

We need to deal with Canadian employment standards. If there are degrading and humiliating workplaces here in Canada, then they should be shut down, plain and simple. If a workplace is a legitimate workplace suitable for Canadians, then there should be no problem in allowing foreign workers to make a living there either.

That is the problem that must be solved. I think the bill misreads that problem and proposes no solution to that serious matter. Other organizations agree with that.

The Canadian Council for Refugees is the most widely respected organization working with immigrants and refugees in Canada and includes representatives of almost every refugee serving organization in the country. Its position on this legislation is particularly enlightening. The CCR says very clearly that Bill C-57 takes the wrong approach to the problem of trafficking. I want to quote from the council's press release where it says:

“This bill does nothing to protect the rights of trafficked persons already here in Canada,” said Loly Rico, chair of the CCR's Anti-Trafficking Committee. “Worse, the bill takes a condescending, moralistic approach, empowering visa officers to decide which women should be kept out of Canada for their own good.”

That points very clearly to a serious problem with the legislation. The Canadian Council for Refugees also goes on to talk about five other ways that it believes this is flawed and wrong legislation. The council points out that the bill fails to address the root problem of the existence in Canada of jobs that humiliate and degrade workers. The council believes that parliamentary time would be better spent to address the broader spectrum of the exploitation of non-citizens in Canada.

This is a very problematic piece of legislation. We in this corner of the House cannot support it because we do not believe that it gets to the heart of the issue, dealing with human trafficking, dealing with issues of exploitation in degrading or humiliating workplaces.

The House resumed consideration of the motion that Bill C-57, An Act to amend the Immigration and Refugee Protection Act, be read the second time and referred to a committee.

[Bill Siksay, NDP, Burnaby—Douglas, BC]

Mr. Speaker, I am happy to have the opportunity to address Bill C-57, An Act to amend the Immigration and Refugee Protection Act, which allows immigration officers to refuse to authorize foreign nationals to work in Canada.

I have to say at the outset that I believe this is an unusual proposal from the government. It is a strange piece of legislation. As proposed, the bill gives the minister discretionary authority to issue instructions allowing immigration officers to refuse foreign nationals work visas if they are seen to be at risk of being subjected to humiliating or degrading treatment, including sexual exploitation.

That is the basic premise of the legislation. It is discretionary to give the minister the opportunity to issue instructions, which would then be taken into consideration by a visa officer overseas when issuing a work visa.

The stated purpose of the act is as follows:

The instructions shall prescribe public policy considerations that aim to protect foreign nationals who are at risk of being subjected to humiliating or degrading treatment, including sexual exploitation.

The bill does not provide instructions directly. It merely makes it possible for the minister to issue such instructions.

My question is about how this protects women in particular, women who might be subject to trafficking, since that was one of the stated goals of the legislation when it was presented by the government.

I would contend that we should never get to the point of having someone apply for a work visa if there is any evidence whatsoever that the workplace that wants to hire them is connected to trafficking, if the employer has any connection to trafficking, or if the work being done is degrading or humiliating. There is absolutely no reason to issue a work visa to someone if any of those conditions exist, yet the legislation does not address any of those conditions directly.

It seems to me that the appropriate place to stop this concern is at the point of the labour market opinion prepared by the Department of Human Resources and Social Development. A labour market opinion is required every time a foreign worker is sought to work here in Canada as a temporary foreign worker. How does a job vacancy that the Minister of Citizenship and Immigration might find exploitative, degrading or humiliating get approved in that process? Surely the process of doing a survey of the workplace and the specific job is the appropriate place to make that determination.

Mr. Speaker, I will resume after question period.

[Helena Guergis, Conservative, Secretary of State (Foreign Affairs and International Trade) (Sport)]

Mr. Speaker, I am grateful to have this opportunity to join the debate on Bill C-57, An Act to amend the Immigration and Refugee Protection Act. Canada's immigration and refugee system is an important part of our identity, economy and society. For those people who are applying to enter our country, Canada represents hope, safety and a new start.

The Minister of Citizenship and Immigration has the authority under the act to grant entry to individuals who would otherwise not be permitted to enter Canada. This authority is an important tool, as it ensures that we are able to take into account the unique situation of each applicant. It helps us to remain fair, balanced and humane.

As hon. colleagues know, this authority is designed to be exercised in a transparent and accountable manner and the use of instructions is reported annually to Parliament. However, what the government cannot do under the current legislation is deny a work permit to someone who meets all the entry requirements; that is to say, under the current legislation, we cannot deny a permit even if we are convinced there is a strong possibility that a person may be exploited or abused in Canada.

Under the previous Liberal government, some applicants for work permits found themselves in situations leading to humiliating and degrading treatment, including sexual exploitation. As I raised in this House repeatedly during the infamous strippergate scandal of the previous Liberal government, women were degraded by being forced to provide nude photos of themselves. The hypocrisy of the previous Liberal government on this matter was stunning. While the Liberals stood in the House and for years acted out a routine of defending women, they did nothing to help, while some of their staff literally enjoyed the show.

Going back about 13 years, I had the privilege of volunteering at a sexual assault centre for just shy of seven years. Through that opportunity, I learned that one out of three women will be assaulted at some point in her lifetime. I think it is important to point out that now, 13 years later, that statistic has not changed. In fact, there is concern that it has increased and that one out of two will experience this.

At the height of the Liberal strippergate scandal, the price for one applicant was to work as a volunteer on a former Liberal cabinet minister's campaign. At one point the former Liberal minister of immigration said that admitting strippers under the temporary foreign work program was necessary to protect women. Then she flip-flopped and said it was exploiting women.

Essentially, the previous Liberal government gave blanket exemptions to foreign strippers to work in Canada despite warnings that women were vulnerable to being forced into prostitution and other forms of exploitation. It was shameful that the previous government helped facilitate what was in essence human trafficking by permitting foreign strippers into the country regardless of whether they could be potential victims of abuse or exploitation. This was all in spite of warnings that these women were vulnerable to being forced into prostitution and other forms of exploitation.

Of particular concern to me is the fact that the Liberals, despite being booted out of office, still do not seem to get it. The Liberal immigration critic, the member for Mississauga—Erindale, was dismissive of Bill C-57 when on May 17 he said:

I think we have the safeguards in place. This is just an attempt to change the channel to grab some headlines.

He also said:

It's a cheap attempt to change the channel and pretend to do something while they're really doing nothing.

On May 29, the Liberal immigration critic, the member for Mississauga—Erindale, dismissed Bill C-57 and said that it was frivolous legislation about so-called exotic dancers' working conditions.

Instead of dismissing Bill C-57 as frivolous, the Liberal immigration critic should have sought the opinions of highly respected organizations, but of course what would the Stop the Trafficking Coalition or the Future Group and/or the Salvation Army know?

What those groups do know is that this legislation is long overdue. All of those organizations have offered their support for this legislation.

I echo the Minister of Citizenship and Immigration, who expressed her dismay with the Liberal immigration critic who so flippantly dismisses Bill C-57, especially in light of the trouble the Liberals found themselves in during strippergate.

I am surprised that the Liberals would attack legislation that protects vulnerable foreign workers. I suspect the Liberals do not want a new law that protects workers coming to Canada from being exploited or subject to human trafficking, as a means to deflect from their own embarrassment and record of inaction. The Liberal Party, in my opinion, is out of touch.

Our government is very proud of having brought this legislation forward. We are proud of putting forward protections that will help prevent these situations for temporary workers in Canada, including strippers, who may be abused, exploited or possibly become victims of human trafficking.

Fortunately, this government is doing things differently and is getting things done for Canadians. Under our legislation, ministerial instructions would provide the government a mechanism to protect applicants from abuse and exploitation that they might otherwise experience. I should point out that this legislation only creates the legal authority to issue instructions and does not create actual instructions or target specific occupations. Instead, it sets out areas of concern and offers a set of possible risk factors for officers to consider.

The amendments we propose would include strong measures to ensure that the government is accountable and transparent as it uses this new authority. Each time the minister issues instructions under the authority, there will be transparency, as they must be published in the Canada Gazette. Furthermore, they must be published in the department's annual report to Parliament. This will finally cast light on the shadowy approach of the previous Liberal government.

Additionally, any decision by an immigration officer to refuse a permit would require approval by a second and more senior immigration officer. Canadians do not want an immigration system that can be used to victimize or exploit people. The new authority would also help stop human trafficking by ensuring traffickers cannot exploit the hopes and dreams of those who are seeking a better life in Canada.

This legislation is the latest of our ongoing efforts to strengthen Canada's immigration system. As I have said, this government is committed to transparency by ensuring that any instructions used under this authority are included in the annual report to Parliament. We are committed to ensuring that Canada's immigration and refugee system continues to have a positive impact on our economy and our society. Everyone who enters Canada should have a fair chance to find what they are looking for: hope, safety and a new start.

I think it is important to note what the NDP has said respecting the issue of the previous Liberal government facilitating the sexual exploitation of temporary workers. Here is what the NDP member for Winnipeg Centre had to say about the previous government's record:

The door is still wide open for the type of wholesale exploitation that existed with the eastern European dancers, and, in reality, the minister of immigration is still pimping for the underworld...by providing an endless stream of fodder for the underworld of pornography and prostitution under the guise of legitimate dancing.

Regarding the Liberals' allowance of a visa for exotic dancers, the member for Winnipeg Centre also said:

I condemn the government for allowing this program to exist. I cannot believe how callous and uncaring it must be.

The leader of the NDP, commenting on the so-called exotic dancer program, said:

Now the government might not any longer be pimping for the sex industry and that is a good thing and it never should have been doing that in the first place.

Given the strong statements by the NDP, I would hope that the leader of the NDP and his caucus will vote in favour of Bill C-57. Surely the NDP recognizes that our government is taking necessary action to deal with this issue, which once again is something the previous Liberal government failed to do.

As for the Bloc Québécois, its former status of women critic said:

When a nation...gives out temporary visas for so-called artists who are generally headed for the male entertainment industry, do you think we are opening the door to trafficking?...I feel that this is a sort of somewhat disguised legal trafficking.

Also, the Bloc member for Chambly—Borduas said:

--we are wondering if there could actually be policies unwittingly promoting human trafficking.

--the gist of what the member for Winnipeg Centre said...was that when offshore labour is imported in response to a shortage...like in the case of bars looking for exotic dancers and importing them from Rumania or elsewhere, these individuals often get mixed up with organized crime.

--I am talking about the Canadian government, of course. Is it not contributing to getting individuals, in this case exotic dancers, mixed up with organized crime?

Members of the NDP, the Bloc and the Conservatives all previously raised concerns about the previous Liberal government's lack of action on affording protection to foreign workers subject to abuse and exploitation. I hope their previous comments are followed up with action by voting in favour Bill C-57.

Canadians do not want an immigration system that can be used to exploit people. They expect the government to take all necessary steps to deal with the problems associated with the exploitation of vulnerable foreign workers and the crime of human trafficking.

Bill C-57 is an important step toward that goal. I urge all members of this place to do the right thing and support this very important legislation.

[Joy Smith, Conservative, Kildonan—St. Paul, MB]

Mr. Speaker, I certainly applaud my colleague from York West. I know my colleague was the chair on the status of women committee when our witnesses came forward to talk about the human trafficking issue across this country.

I am gratified to hear about her support to get the bill to committee as quickly as possible and to have the debate. As she said earlier, we all know that the parliamentary process definitely is to make sure that we do have the debate to examine every bill in committee very thoroughly. That is what we do here on Parliament Hill.

The reality in Parliament this year which concerns me as a member of Parliament is how many bills have been dragged out for the better part of a year with stalling tactics and so on. Having said that, with Bill C-57 it is very gratifying to hear how concerned the member opposite is about ensuring that this does get to committee, so the debate can carry on and also her concern about making sure that the debate continues on very quickly and thoroughly, but to get it back here.

I was really quite taken aback at what the critic for immigration said about the bill. This is why perhaps the issue has come up today about how quickly the bill would go through. Could the member comment whether there is a division among the Liberal caucus in terms of what we should do with the bill and could she explain some of that to ensure we get the bill debated as soon as possible?

[Judy Sgro, Liberal, York West, ON]

Mr. Speaker, I am pleased to have an opportunity to make some comments on Bill C-57. Certainly it is an issue which I know a fair amount about and I am glad to have the opportunity to comment on it.

Bill C-57 is about a page and a half long. It makes an amendment to our immigration laws. Certainly on the face of it, it should not take very long for any of us to deal with it, whether we are debating it at length or not. Part of our role in Parliament is not just to take something at face value and say that it looks good, it is an area that many of us care about and that we would like to see some improvements to strengthen it. Parliament is about debate and discussion to make things better.

For a bill to pass without our having a full opportunity to debate and discuss it, frankly, would be viewed upon as our not carrying out our responsibilities to ensure that legislation brought forward accomplishes what the intent of it clearly is, and if possible, to go further than that. That means we should look for areas to add further strength in the bill and make sure it is going to achieve the same goals that all of us in the House want to achieve.

I am pleased to take a few minutes to comment on this important issue today in an attempt to move the bill forward to committee so we can ensure that it accomplishes what we all want it to accomplish. The bill is an act to amend the Immigration and Refugee Protection Act, which recognizes quite clearly, “Whereas Parliament recognizes the importance of protecting vulnerable foreign nationals who come to work in Canada from exploitation and abuse”. That is very clearly written into the Immigration Act and I know all of us want to ensure that happens.

This bill proposes to amend the Immigration and Refugee Protection Act to allow immigration officers the ability to refuse or authorize foreign nationals to work in Canada based on if they are considered to be vulnerable persons and/or at risk of exploitation or abuse. That very much is left up to the person who is doing the interviewing.

Currently, the visa officer can explain to individuals that they have certain rights when they go to Canada. The visa officer can hand them pamphlets outlining that they may be asked to do certain things and that they do not have to because they have certain rights under their visa applications. That does not always sink in with the person on the other side of the desk who is fleeing poverty or for whatever reason desperately wants to come to Canada and is willing to take a chance. This bill would end that opportunity. It would give the visa officer the opportunity to decide that the person would be exploited. It gives the officer a huge power. It is something that needs to be seriously looked at.

The bill would also allow immigration officers to determine if granting authorization would be contrary to public policy considerations that the Minister of Citizenship and Immigration has specifically outlined or based on evidence that people are at risk of exploitation. Often it is a feeling that someone gets. When we ask why a visa was refused, the visa officer will say that it was instinct, just a feeling that a certain person would find himself or herself in a vulnerable position. It puts a lot of emphasis and trust on the minister giving visas on judgment.

I do not see where there is harm in doing that as long as we make sure the checks and balances are in place. In reading at least the beginning of this bill, I see it is going to require a second person to comment and that is helpful.

Under the proposed amendments to the IRPA, the Minister of Citizenship and Immigration could issue written instructions to immigration officers giving them the authority to deny work permits to applicants who appear very vulnerable to them. The instructions would be based on clear public policy objectives and evidence that outlines the risk of exploitation that the applicants face.

Written instructions could help identify, for example, individuals who would be vulnerable to humiliating and degrading treatment, including sexual exploitation. All of us as parliamentarians have been around for a few years and we have certainly had an opportunity to hear firsthand about the exploitation of many people who come here on a variety of different permits. They are very vulnerable and do not have a lot of support or resources, or even know where to turn to get help. They often end up in our offices, sometimes even our campaign offices.

These could include low skilled labourers as well as potential victims of human trafficking. Immigration officers would make their decision on a case by case basis. Each application for a permit is always assessed on its own merits.

Without this authority, immigration officers cannot deny a work permit to someone who meets all the requirements to enter Canada, even if they believe there is a strong possibility of exploitation or abuse.

Clearly, if we have licensed establishments that have a labour shortage, and through our process through HRDC, they can apply to have someone come over to fill that shortage. That is a problem for those of us who are trying to find ways of tightening up the system.

Either we start to ban some of these businesses and decide we are not going to have them. But if we have them, we have to recognize that they have the rights under the law to apply for workers to come to their legitimate businesses.

Strengthening these rules will hopefully provide a tool to respond to situations where a permit applicant could be at risk. Again, it puts a lot of effort and a lot of trust into the visa officer who is making that decision.

Here in the House I am sure that all parliamentarians support the protection of human rights and the prevention of exploitation of foreign nationals, and in particular, women who are at risk.

I must point out that we talk a lot about the exploitation of women, but it certainly goes on with the exploitation of many men who are in positions who do not know any other way out. They are fleeing again from poverty, looking for money to send home to their families, and often find themselves doing work that would be quite unacceptable to Canadians who are born here.

I would like to assure Canadians who are watching at home that the Liberal Party is committed to working closely with the international community to prevent human trafficking. Bill C-49 was an excellent piece of legislation that was just enacted at the beginning of 2006 specifically on the issues of human trafficking. We all recognize that it is a very important area that we need to do all we can to prevent that.

Previously, we had made substantial changes to restrict visa applications to temporary foreign workers who we believe to be at risk.

We also endorse the recent Standing Committee on the Status of Women report, “Turning Outrage into Action to Address Trafficking for the Purpose of Sexual Exploitation in Canada”. It calls on the government to do more to address existing systemic problems involving the most vulnerable members of our society. Clearly, on this side of the House we are waiting to see what kind of action the government takes to address those very issues.

As the former chair of the Standing Committee on the Status of Women and throughout my political career at the municipal and the federal levels, I heard heart-wrenching stories from marginalized women who fell victim and also heard many constructive suggestions for solutions to this grave problem.

I believe that we need strong laws to protect the most vulnerable, so I will be supporting sending the bill to committee for further review and study. We need further consultation and possible amendments that I am sure will come from some of the members of the House to strengthen the bill.

Although the intent of the legislation is critical, it no doubt needs to be improved and we will do that at committee, which I hope will be done quickly and hastily.

There are considerations that first must be made to ensure the legislation truly achieves the goal of protecting all foreign workers. This is why I believe it should go to committee and I am confident that the work will get done there.

A serious shortcoming of the bill is that all classifications under the foreign worker program could potentially be adversely affected, including agriculture workers and live-in caregivers. If the bill were enacted as it is written today, these workers would have to be denied entry to Canada, exasperating temporary foreign worker shortages in certain sectors of the labour economy.

Therefore, the committee needs to find that balance to ensure protection and avoid exploitation, but still allow people to come into the country to carry out the needs that we have as far as labour shortages. It must ensure that these people know what their rights are and that they have an avenue to complain, to make changes, and to change an employer if the employer is abusive.

Refusing foreign workers entry to Canada based on the potential risk for abuse does not decrease the demand for these workers. This has the potential to create underground economies which render temporary workers even more vulnerable to exploitation and abuse which is exactly what we are trying to avoid with the intent of this legislation.

We need to ensure that blame is placed on the abusers, not on the victims. This is so important because victims of human trafficking, which my colleague continues to refer to, are often so frightened to come forward and admit what has actually happened to them.

I look forward to the bill being sent to committee, for improvements to be made, and for it to be referred back as soon as possible. I hope that we will be able to work together in a non-partisan way to prevent temporary foreign workers from being subjected to exploitation or abuse in Canada and for people to clearly know that they are welcome.

We need them to come to Canada. We want them to come and do well, and to move forward.

[Joy Smith, Conservative, Kildonan—St. Paul, MB]

Mr. Speaker, this government is very aware of the report and is working with it every day. It is not just one minister. All the ministers are working on this very important issue.

I have to say that we have done more than the previous government did in 13 years. We have done it in just over a year. We are taking action. We are working fast.

All these recommendations are being looked at. They are very important recommendations. We can see that with the 120 days that has been put in place since we got into government. We can see that with Bill C-57. Those are the things that we are pushing through right now, along with the stiff criminal laws for people who perpetrate those crimes.

[Joy Smith, Conservative, Kildonan—St. Paul, MB]

Mr. Speaker, my colleague's question is very timely and full of insight.

There are many things that are happening right now that we need to address. The crime of human trafficking is alive and well in Canada and it is growing.

Bill C-57 is one piece that will help address the problem. Our government is doing other things to help out on that. I applaud members on all sides of the House who supported my Motion No. 153 to stop human trafficking. All members of the House supported the motion so today I am quite dismayed. We need to send this bill to committee to examine it. I would urge members not to stall it. I would urge members not to hold it up. People's lives are at stake. I would urge members to get on board, to support the bill and help our most vulnerable citizens.

I do not want it to get off track. It is not just about exotic dancers. It is not just about the sex trade. Young girls and young boys are coming into the country unaware of what is going on. There are criminals who are helping them get through the border and helping them answer questions correctly. When they get here they are taken into confinement and are forced into the sex trade. This is what we are talking about today.

Bill C-57 addresses that. The 120 days is a piece of it, as are other issues that we are working on in Parliament to enable vulnerable victims to be saved. The reason we are so tentative about things being held up is that a record number of bills have been held up in Parliament throughout the year. In fact, we have had the first anniversary of one bill that has been held up for the better part of a year.

Now we are talking about Bill C-57. People's lives depend on it. It is very important that we take leadership roles as members of Parliament and pass this bill.

[Joy Smith, Conservative, Kildonan—St. Paul, MB]

Mr. Speaker, it is with pleasure that I join the debate on Bill C-57, An Act to amend the Immigration and Refugee Protection Act.

The proposed amendments to the Immigration and Refugee Protection Act are much needed measures. Bill C-57 addresses an important gap that currently exists in Canada's immigration law. In fact, Christine MacMillan, territorial commander for the Salvation Army in Canada and Bermuda has this to say about Bill C-57:

This announcement is an excellent advancement towards the protection of women from sexual exploitation....It is another positive step in the fight against human trafficking, and we are encouraged by the leadership shown by the Federal Government.

With respect to current provision in the Immigration and Refugee Protection Act, the existing legislation provides the government with the authority to allow an individual to enter Canada even if they do not meet all of the requirements and are inadmissible. Unfortunately, the act does not provide a similar authority to deny a temporary work permit to an applicant who meets entry requirements, but whose presence in Canada may put them in harm's way.

The proposed Bill C-57 will give the minister the authority to instruct immigration officers to deny work permits to individuals who might face humiliating and degrading treatment, including sexual exploitation. Without this authority, immigration officers cannot deny a work permit to someone who meets all the requirements to enter Canada, even if they believe there is a strong possibility of exploitation or abuse.

The proposed Bill C-57 will help us to prevent individuals from entering into situations where they may be abused or exploited, or where in fact they could become victims of human trafficking. Furthermore, it will help ensure our immigration system is not used by criminals to victimize people.

The Government of Canada should have the authority to institute measures to deny permits if there is evidence that individuals, including exotic dancers or anybody else, would be subject to humiliating and degrading treatment, including sexual exploitation.

It is time for us to step up and be accountable. This legislation is all about that. Some may ask the question, why should we be concerned? Why do we need this legislation? The answer can be found in one word: accountability.

As elected representatives of an open and democratic institution, we must demonstrate our collective and unified resolve to ensure as much as possible the safety of anyone entering our country. We must be vigilant in protecting vulnerable individuals against potential exploitation, even though these individuals may not be Canadian citizens, but are considering temporary employment in Canada. We must take every measure possible to ensure that unsuspecting foreign workers are not subject to abuse or exploitation. The Government of Canada cannot be complicit in this kind of activity.

I find it most unfortunate that the Liberal immigration critic, the member for Mississauga—Erindale, criticized Bill C-57 by saying that he thought that we already had enough protection for vulnerable foreign workers who could be subject to sexual exploitation. To quote the Liberal immigration critic, he said, “I think we have the safeguards in place. It is a cheap attempt to change the channel and pretend to do something while they are really doing nothing”.

Before rushing to judgment, I wonder if the Liberal immigration critic bothered consulting with key stakeholders who welcomed our government's initiatives, stakeholders such as Sabrina Sullivan of The Future Group, who said:

[The] Immigration Minister...has taken an important step to protect women from sexual exploitation and end a program that made Canada complicit in human trafficking...It is clear that...[this] government is serious about combating human trafficking.

For those members of the opposition who think Bill C-57 is not needed, I urge them to consult stakeholders such as The Future Group, Stop the Trafficking Coalition and the Salvation Army. Perhaps then they will realize how important the legislation is and how critical it is for them to support it.

Let us be mindful of what we are debating today. We are in part debating the granting of a discretionary authority to the Minister of Citizenship and Immigration to deny the application of a foreign national for a temporary work permit in Canada. Like any authority granted or legislated to a minister, such a proposed or new authority must be reviewed, debated and enacted in the most open and accountable manner. That is what this government is committed to doing.

In fact, to demonstrate our openness to accountability on this matter, Richard Kurland, as I talked about before, an experienced and well-known immigration lawyer said, and I want to quote this again because this is very important:

What is [absolutely] striking about the new government's approach, unlike the former government, the new government is going through the front door. I have never seen this in 15 years of immigration policy...Normally, in years past, it was done behind the bureaucratic doors or through a [fait accompli] regulation with no debate. That's what remarkable today [for immigration policy].

That is quite a statement.

We are committed to not only an open debate, but also a full explanation of the reasons for the proposed changes to the Immigration and Refugee Protection Act.

Allow me to review the government's commitment to accountability on this matter. First, I will reiterate and support the minister's assurance that a high level of accountability is attached to any exercise of authority proposed in the legislation. As the parliamentary secretary stated earlier, any ministerial instruction would be based on public policy objectives and evidence that clearly outlined an identified risk of abuse or exploitation.

Any decision by an immigration officer to refuse a work permit in Canada would require the concurrence of a second officer. Ministerial instructions to deny any such permit would be published in the Canada Gazette and would be reported in the annual report to Parliament on immigration.

I ask all hon. members to understand the basic principles behind the legislation. These principles are openness and accountability. I further ask this essential question of all members. Would any member support or approve the granting of a work permit to a foreign national knowing that he or she might become vulnerable to any form of exploitation or degradation? The answer, of course, is no.

As previously said, the authority would help target the networks that would profit from human trafficking. It would also stop the flow of individuals who were their prey and ultimate victims.

I submit, as a responsible government, that we should be able to say no to those applying for temporary employment who may not realize that they are being duped and misled. I believe it is only right that we should be able to prevent a human being from entering into a situation that would result in harm.

It is the Canadian way to warn an individual that he or she is about to make a mistake, which could have irreversible negative effects on their future. Above all, it is a Canadian tradition to stand up and be accountable among our friends and help them in a fight against exploitation.

Hon. colleagues will agree that making Canada a safer place for everyone is our objective. The instructions have the flexibility to allow for future unanticipated situations. Human trafficking is but one example of the kind of abuse and exploitation we are all trying to prevent.

Canada does not want to remain a destination country for human traffickers. Ministerial instructions issued under this new authority would give us one more tool to help stop trafficking at our borders and prevent foreign nationals from becoming victims. They build on Canada's existing efforts to protect victims of trafficking by giving them access to a temporary resident permit, health care benefits and trauma counselling.

Canada's immigration legislation includes stiff penalties of up to life imprisonment and fines of up to $1 million for traffickers.

In conclusion, I would like to cite John Muise, Director of Public Safety for the Canadian Centre for Abuse Awareness, who said that Bill C-57 “is part of the response that needs to occur in terms of protecting women and children in this country”.

I urge all members to put aside their partisan views and do the right thing and support this very important Bill C-57.

[Libby Davies, NDP, Vancouver East, BC]

Mr. Speaker, the member for London—Fanshawe has really focused the attention on what the debate needs to be about. There is no question about the irony here. This is the government that has done more than any other to turn the clock back on women's equality. The cuts we have seen to programs and the elimination of advocacy from the mandate have been quite stunning.

I am familiar with the report of which the member speaks. It seems to me that to focus on immigration and settlement and to allow women to come to Canada independently is again where we get into the debate of how the immigration system needs to be reviewed and changed. Right now that is not happening. If we did have a system that was more open and allowed immigration to happen, because we do have worker shortages in the country, then maybe programs like this would not exist at all. I do not know.

However, the priorities the member for London—Fanshawe has identified are the real ones we should be debating in terms of legislation and changes, rather than Bill C-57.

On the question about poverty, this is a fundamental truth in realizing that the more women fall into poverty, the more we see inequality grow, then the more abuse and exploitation we see takes place in our society. If we were addressing the underlying issue of poverty and promoting women's economic and social independence, whether they are in Canada or through the immigration system, then we would really be addressing the priorities in the country.