Bill C-49 (Historical)

Preventing Human Smugglers from Abusing Canada's Immigration System Act

An Act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act and the Marine Transportation Security Act

This enactment amends the Immigration and Refugee Protection Act to, among other things,
(a) authorize the Minister, in certain circumstances, to designate as an irregular arrival the arrival in Canada of a group of persons, the result of which is that some of the foreign nationals in the group become designated foreign nationals;
(b) authorize an officer or the Minister, as the case may be, to refuse to consider an application for permanent residence if the applicant has failed to comply with a condition of release or other requirement imposed on them;
(c) provide that a person may not become a permanent resident as long as an application by the Minister for cessation of that person’s refugee protection is pending;
(d) add, as grounds for the detention of a permanent resident or foreign national, the existence of reasonable grounds to suspect that the person concerned is inadmissible on grounds of serious criminality, criminality or organized criminality;
(e) provide that the Immigration Division must impose any prescribed conditions on the release of certain designated foreign nationals;
(f) provide for detention rules and a review procedure that are specific to the detention of certain designated foreign nationals;
(g) clarify the authority of the Governor in Council to make regulations in respect of conditions of release from detention;
(h) provide that certain designated foreign nationals may not apply to become permanent residents until the expiry of a certain period and that the processing of any pending applications for permanent residence is suspended for a certain period;
(i) require certain designated foreign nationals on whom refugee protection has been conferred to report to an officer;
(j) authorize the Governor in Council to make regulations respecting the reporting requirements imposed on certain designated foreign nationals;
(k) provide that the offence of human smuggling is committed when a person organizes the coming into Canada of another person and knows, or is reckless as to whether, the entry into Canada is or would be in contravention of the Act;
(l) provide for minimum punishments for the offence of human smuggling in certain circumstances;
(m) in respect of the determination of the penalty to be imposed for certain offences, add as an aggravating factor the endangerment of the life or safety of any person as a result of the commission of the offence;
(n) change the definition of “criminal organization” in Part 3 to give it the same meaning as in subsection 467.1(1) of the Criminal Code; and
(o) extend the time for instituting proceedings by way of summary conviction from six months to five years.
The enactment also amends the Balanced Refugee Reform Act to provide that a refugee protection claimant whose claim is rejected is not prevented from applying for protection earlier than 12 months after the day on which the claim is rejected, if it is rejected as a result of a vacation of the initial decision to allow the claim.
The enactment also amends the Marine Transportation Security Act to increase the penalties for persons who fail to provide information required to be reported before a vessel enters Canadian waters or to comply with ministerial directions and for persons who provide false or misleading information. It creates a new offence for vessels that fail to comply with ministerial directions. It also amends the Act to authorize regulations respecting the disclosure of certain information for the purpose of protecting the safety or security of Canada or Canadians.

Preventing Human Smugglers from Abusing Canada's Immigration System Act

[Jean Crowder, NDP, Nanaimo—Cowichan, BC]

Mr. Speaker, the member for Elmwood—Transcona touched on a point that I would like him to address.

In the recent Auditor General's report, the Department of Immigration came under serious criticism from her. A couple of points she specifically raised was that in many cases the department itself had no standards for service delivery, it had no comprehensive way to monitor performance, and out of 35 different service areas, only four had service targets. In addition, they provided no consistent way to communicate with clients who were waiting.

On the one hand, we have this bill that is before the House, but on the other hand we know that there are serious problems within the department itself. Again, this is not about the employees in that department. I would argue that they do not have the tools and resources they need to adequately do the job.

I wonder if the member could comment specifically on the problems within the department itself in terms of quality and service standards.

[Jim Maloway, NDP, Elmwood—Transcona, MB]

Mr. Speaker, clearly the Auditor General has a unique way of investigating and determining what is or is not going on in government departments. None of those observations would surprise me in the least.

We had a system that was broken under the Liberals and was not appreciably improved under the Conservatives until the last little while when the current minister was able to get all the parties in this Parliament together and come up with a big success. Trying to get four parties in this House to agree on anything is almost impossible, but he did the impossible. He got everybody together. Everybody here was reasonably happy.

I listened to all the self-congratulatory messages here in June and I was really impressed. I thought it was too bad that we could not do this again. This is what we did collectively in this House through the auspices of Bill C-11.

I do not know why we do not just leave it there and work on this smuggling issue separately through law enforcement and the procedures currently in place. Again, we have life sentences for smugglers.

[Mark Warawa, Conservative, Parliamentary Secretary to the Minister of the Environment]

Mr. Speaker, my question for the member is, why do they not listen to Canadians? Why are they blindly going ahead and not listening to Canadians?

Canadians do want to have this problem solved. It was one of the major things I heard this summer. Canadians were not happy.

Canadians also said to the NDP, Bloc, and Liberal coalition, “no” to a carbon tax. Now they are trying to sneak through the carbon tax, through a litigation bill also known as Bill C-469, a Trojan Horse that wants to bring a carbon tax on every Canadian. It is a job-killing tax.

I would like to know from the member why they do not listen to Canadians. Why do they try to do things sneakingly? The message from Canadians is clear. Why are they not listening to Canadians?

[Jim Maloway, NDP, Elmwood—Transcona, MB]

Mr. Speaker, we are listening to Canadians.

Canadians told us they wanted to make this minority government work. The minority government surely is not listening to what Canadians want.

We have agreed with all the parties in this House to pass Bill C-11, which cleans up the problems in the immigration system right now. We have already indicated that we want to do something about smugglers, and there are already life sentences under current laws for smugglers.

Let us get the government out there and catch the smugglers first and give them their life sentences. We are right behind any initiative to do that.

[Steven Blaney, Conservative, Lévis—Bellechasse, QC]

Mr. Speaker, thank you for the opportunity to say a few words today about this bill, which is important to the people of Lévis, Bellechasse and Les Etchemins.

As we all know, the Prime Minister recently attended a citizenship ceremony to welcome new Canadian citizens. Every year, Canada welcomes thousands of immigrants and refugees who benefit from one of the fairest and most generous refugee protection systems in the world. The government and all Canadians are proud of this system, which demonstrates our country's generosity.

Nevertheless, we are currently facing a very serious problem that threatens the safety and security of our communities and the integrity of our generous immigration system. In August, the MV Sun Sea arrived in Canada illegally less than a year after another vessel, the Ocean Lady also arrived illegally. The fact that two ships reached Canada's shores within 12 months of each other clearly shows that human smuggling rings are getting more interested in Canada because they think they can exploit our immigration system and make money from it.

Canada willingly welcomes people who patiently wait their turn to come live here in our country and benefit from the many advantages of Canadian citizenship. They want to contribute to Canadian society and they want their descendants to do so as well. For hundreds of years, strong, brave people from around the world have contributed to our great country's prosperity and culture and continue to do so. In my case, it all began five generations ago when people from Ireland arrived. Quebeckers welcomed them. They became a part of the society and made their contribution to it.

However, the government has made it clear that it will not tolerate any exploitation of the Canadian immigration system, whether by human smugglers or outlaws trying to make money. That is why our minister recently introduced the preventing human smugglers from abusing Canada's immigration system bill.

The government has three objectives with this legislation. The first is to make it easier to prosecute human smugglers. Second, it imposes a mandatory minimum sentence on convicted human smugglers. Third, it holds ship owners and operators accountable for the use of their ships in human smuggling operations. This bill gets to the root of the problem of smugglers and illegal immigrants. It also sends a clear message to these organized crime gangs that Canada's border is not a sieve and that illegal immigrants are not welcome here.

The government is also taking measures to ensure the safety and security of our neighbourhoods and communities. Anyone involved in human smuggling operations will be held for up to one year to allow for the determination of identity, admissibility and the illegal nature of the activity, if applicable.

The government is using this law to make it less attractive to come to Canada through illegal human smuggling operations. We have rights and responsibilities.

Under this legislation, anyone involved in a human smuggling operation will not be able to apply for permanent resident status for five years, if they succeed in obtaining refugee status. They will not receive health benefits that are more generous than those received by the Canadian public. It will also be easier to revoke someone's refugee status if they return to their country of origin for a vacation or if they demonstrate in other ways that they are not legitimately in need of Canada's protection.

Individuals who arrive in Canada as a result of human smuggling will not be allowed to sponsor family members for a period of five years.

The government is also appointing a special advisor on human smuggling and illegal immigration who will coordinate a whole-government response to human smuggling.

Are these measures tough? Yes, absolutely. They have to be tough in order to make human smugglers and fraudsters think twice before they try to commit these crimes against Canadians.

However, these measures are also fair, fair to those who legitimately and legally wait or plan to wait in line for a better life in Canada. They are also fair for all Canadians and Canadian taxpayers who rightfully expect that our borders and shores are protected and secure and our generous systems, including immigration, are protected from abuse.

These measures will enhance our ability to crack down on those who engage in human smuggling and try to exploit Canada's immigration system. They will strengthen our ability to protect Canadians from criminal or terrorist threats and they will respect our international obligations to provide assistance to those legitimate refugees who need our protection and help to start a new and better life, while tackling international crime and human smugglers.

The people of my riding and all Canadians want tough but fair measures to stop those who would abuse our generosity from illegally becoming part of Canadian society. We know that threats exist and that we must remain vigilant. That is why the government is taking concrete action today to ensure the safety of Canadians.

Benjamin Perrin, an expert on human trafficking, gave a talk here in Ottawa yesterday. He explained how the migrants who come here are exploited by human smugglers and by members of organized crime right here in Canada. This is one way to tackle the crimes being committed.

This measure is supported not only by the people of Lévis—Bellechasse and Les Etchemins, but also by several ethnic communities.

“Canada is a generous country with an immigration system that treats both immigrants and refugees very well. However there are those who are not willing to wait their turns in line and criminals who would profit from this. Instead they want to jump the immigration queue and make their way to Canada through any means available to them, often bypassing several hospitable countries and travelling halfway around the world to land on our shores.

“These individuals pay criminals to be smuggled to Canada where they can claim refugee status, in effect putting themselves at the front of the line illegally. We believe that the criminal activities of the smugglers should be prosecuted to the full extent of Canadian and international law. As a result of this human smuggling, honest and legal would-be immigrants who are waiting patiently and anxiously in the queue are penalized, while the smuggled refugees' claims are processed.

“The criminal enterprise that is human smuggling is an abuse of both Canada's generosity and the honesty of all the other immigration applicants. We are pleased that the government has sent a clear message that it will not be tolerated and we welcome the introduction of legislation preventing human smugglers from in effect creating an unfair, two-tier immigration system, one for the impatient rich and the other for the honest applicant”.

This long quote is from Michael Deakin-Macey. He is a past president of the board of directors of the Victoria Immigrant and Refugee Centre Society. It summarizes very well the spirit of this committee, and I am appalled today to see that members of the opposition are not willing to move this bill forward to second reading, to send it to committee, because this is a bill that Canada needs to be protected against the illegal smuggling that goes on around the world.

I would be more than happy to answer questions. I hope that we will get some support from the opposition because Canadians are calling for this bill.

[The Acting Speaker, Conservative, Barry Devolin]

It is my duty pursuant to Standing Order 38 to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Trinity—Spadina, Citizenship and Immigration; the hon. member for St. John's South—Mount Pearl, G8 and G20 Summits.

[Paul Calandra, Conservative, Oak Ridges—Markham, ON]

Mr. Speaker, it was truly a pleasure listening to the speech of the hon. member who seems to have a true passion for real refugee claimants, a true passion to fight those who would seek to take advantage of the people who really need our help in society and to crack down on human smugglers. I know that his constituents are very lucky to have him fighting on their behalf each and every day in the House.

What is really troubling me through this whole debate is hearing the members of the opposition. The NDP member consistently talks about the 25-year penalty that is in place, but we all know on this side of the House what a 25-year penalty for the NDP and the Liberals is. Twenty-five years is a 15-year faint hope clause. It is time served, which brings it down even further. There is good behaviour. So by the time it is all done, we would actually owe the criminals some time. We also know that last week, when we were debating another issue, they told us we should treat criminals like kids because the poor criminals have had so much trouble in their lives.

How can members opposite not support a bill that would crack down on human smugglers?

[Steven Blaney, Conservative, Lévis—Bellechasse, QC]

Mr. Speaker, I want to thank the hon. member for Oak Ridges—Markham for his question and for the work he has done for immigration in this country. I want him to know I am proud that he is part of our government, which wants to pass a bill to put an end to illegal immigration and to attack the root of the child trafficking problem.

Unfortunately, it is a problem that we have already dealt with here in the House. It is not surprising to see that the Bloc is opposing human smuggling today, because they voted against Bill C-268, to impose minimum sentences for criminals found guilty of human trafficking. We get the picture. I think it is deplorable that the Quebec MPs are opposing measures that Quebeckers want. These measures are wanted because we have one of the most generous immigration systems in the world. They are currently in the process of creating a two-tier system: one system for illegal immigrants and another system for people who wait their turn. Our message is that there is only one way to enter the country and that is through an honest and transparent process. That is what this bill aims to achieve.

[Devinder Shory, Conservative, Calgary Northeast, AB]

Mr. Speaker, being an immigrant I am very much interested in immigration and this legislation, Bill C-49. I think the government is taking the absolute right step by bringing this kind of legislation, which would not only deter smugglers but would also give a strong message to potential refugee claimants that they will be dealt with by tougher action. At the same time, it would also give the government some encouragement to decide and determine those cases of potential refugee claimants within that one-year period when those claimants will be kept in custody.

Would my colleague agree that this will give an urgent message to those potential refugee claimants that it will not be as easy as it was to go through the smuggling process and jump the queue?

[Steven Blaney, Conservative, Lévis—Bellechasse, QC]

Mr. Speaker, I would like to acknowledge and thank my colleague from Calgary Northeast for his excellent question. I would first like to tell him that not only do the people of Lévis—Bellechasse give their full support to this bill, but so do the ethnic communities.

For the reason given by my colleague, it is important to avoid a two-tiered immigration system where illegal immigrants and organized crime jump the queue and move ahead of honest applicants. That is at the heart of this bill and it is the reason why we would like the opposition to adopt the same position as the people of Lévis—Bellechasse, the people of Calgary and the people of ethnic communities. I have a quote I would like to read.

Human smugglers make our immigration system less fair for legal immigrants. We believe that the government should have the tools it needs to ensure that our immigration system is fair.

Who said that? Nader Abou Chacra, president of the Canadian Druze Society.

It is evident that ethnic communities are asking us to strengthen our immigration system so that these communities can integrate and welcome immigrants who arrive legally, and not by the illegal means that we want to eliminate with the bill before us.

[Luc Desnoyers, Bloc, Rivière-des-Mille-Îles, QC]

Mr. Speaker, is the member aware that the bill violates various treaties and also the Charter of Rights and Freedoms, the 1951 refugee convention, and the Convention on the Rights of the Child?

How can he say that this bill, which violates three conventions and treaties, will become a law that Canada can enforce internationally when we do not enforce the other laws?

[Steven Blaney, Conservative, Lévis—Bellechasse, QC]

Mr. Speaker, I thank my colleague opposite for his question. Fundamental human rights are being violated with illegal immigration. We have seen women and children come here as slaves, which is the worst violation of human rights. These people lose all of their rights. They come to our country without ID, they live illegally, they are at the mercy of organized crime groups, and they are exploited here.

The member has a chance to support a bill that will make a difference and put an end to this violation of the fundamental rights of people who come to our country and to the scourge that threatens to destroy our immigration system.

I urge the member opposite to follow the lead of the Lebanese Islamic Centre, which said:

We have noticed that smugglers are targeting Canada. That is why we support these amendments. We must make it easier to press charges against these criminals who profit from vulnerable individuals, and we must deter anyone who would consider committing this crime by imposing mandatory jail time and minimum prison sentences on smugglers.

We are moving forward.

[Tim Uppal, Conservative, Edmonton—Sherwood Park, AB]

Mr. Speaker, I am pleased to hear the hon. member speak to the bill and I fully agree with him that we need to stop this human smuggling. It is a loophole for illegal immigrants to come and, frankly, to jump the queue. This is something that always upsets new Canadians who have immigrated to Canada through the proper channels in order to experience everything that is Canada. When my parents came over to Canada, they went through a process and were very pleased to go through that process in a legal way.

Why does the member think the previous government did not address this issue? This is not a new issue. This is not something that just happened because of the previous ship that landed on our shores. This issue has been around in Canada for a long time. It is something that needed to be addressed and I am pleased that this government is addressing it.

Why does the member feel that the previous government ignored this?

[The Acting Speaker, Conservative, Barry Devolin]

The hon. member for Lévis—Bellechasse for a brief answer.

[Steven Blaney, Conservative, Lévis—Bellechasse, QC]

Mr. Speaker, I want to thank my colleague for his excellent question.

I am pleased to be part of a government that gets the job done. In this specific case, that is precisely what we are doing with a critical issue. Not only are we acting on this human smuggling matter, but we are also acting on the entire immigration issue. We see our minister accomplishing long-awaited and necessary tasks.

I have here a quote, again from a representative of an ethnic community. This time, it is the Arab and Syrian community of Montreal, which says:

Human smuggling is a lucrative enterprise that generates huge profits for the merciless criminals who organize these trips. The very nature of illegal migration means that anyone could be tempted to come to Canada. It also means that we run the risk that terrorists may be on board these ships bound for Canada.

It is not surprising that the previous government did nothing at the time, because today it has the chance to take action and it is opposing this bill.