Bill C-31 (Historical)

Protecting Canada's Immigration System Act

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

This enactment amends the Immigration and Refugee Protection Act and the Balanced Refugee Reform Act to, among other things, provide for the expediting of the processing of refugee protection claims.
The Immigration and Refugee Protection Act is also amended to authorize the Minister, in certain circumstances, to designate as an irregular arrival the arrival in Canada of a group of persons and to provide for the effects of such a designation in respect of those persons, including in relation to detention, conditions of release from detention and applications for permanent resident status. In addition, the enactment amends certain enforcement provisions of that Act, notably to expand the scope of the offence of human smuggling and to provide for minimum punishments in relation to that offence. Furthermore, the enactment amends that Act to expand sponsorship options in respect of foreign nationals and to require the provision of biometric information when an application for a temporary resident visa, study permit or work permit is made.
In addition, the enactment amends the Marine Transportation Security Act to increase the penalties for persons who fail to provide information that is 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 in respect of vessels that fail to comply with ministerial directions and authorizes the making of regulations respecting the disclosure of certain information for the purpose of protecting the safety or security of Canada or Canadians.
Finally, the enactment amends the Department of Citizenship and Immigration Act to enhance the authority for the Minister of Citizenship and Immigration to enter into agreements and arrangements with foreign governments, and to provide services to the Canada Border Services Agency.

Faster Removal of Foreign Criminals Act

[Peggy Nash, NDP, Parkdale—High Park, ON]

Mr. Speaker, I am pleased to speak on Bill C-43, An Act to amend the Immigration and Refugee Protection Act. I want to thank my colleague from Algoma—Manitoulin—Kapuskasing who just spoke. I could feel how passionate she is about this issue.

I also want to thank the hon. member for Newton—North Delta who has played such an important role in the House on immigration and refugee issues. I thank her for her fine work on that.

The bill addresses the issue of people who come to Canada and commit crimes. The timing of the bill is interesting, because it comes on the heels of some very serious, difficult and controversial changes in immigration and refugee policy that have touched many members of my own community in Parkdale—High Park. I am speaking specifically about the refugee reform bill, Bill C-31, and also about cuts to refugee health care.

Part of my community is a place where many newcomers first come to Canada. We have seen waves of refugees come from different parts of the world. There are many religious institutions and places of worship that are amongst the oldest in the city of Toronto, because my riding is the first stopping off point for many newcomers to Canada. We have the oldest continuously functioning Jewish schul. We have one of the oldest Hindu temples. We have religious institutions of various denominations.

More recently we have many refugees coming from places such as Tibet and Hungary, as well as other places in Eastern Europe. Something that has been very controversial in our community, and we have joined health professionals in opposing, are the changes to deny some refugee claimants health care benefits.

I have seen, first-hand, people in my community who are directly affected by these changes. It has not been helpful that certain communities, such as the Roma community, have been demonized by the government. It creates a situation that is unhealthy for them here, even prior to the status of their refugee claim being assessed.

It is interesting that the Conservatives are now introducing a bill to get the immigration discussion back into a territory where they feel more comfortable, and that is the tough-on-crime approach. I see that in the political context of dealing with refugee and immigration issues.

The bill would concentrate more power in the hands of the minister in terms of discretionary authority over the admissibility of temporary residents. He can declare a foreign national inadmissible for up to 36 months if in his or her opinion it is justified by public policy considerations. The bill also relieves the minister of the responsibility to consider humanitarian and compassionate situations such as taking into consideration the interests of a child. The minister no longer has to consider humanitarian concerns at all.

It also gives the minister new discretionary authority to provide an exemption to the family member of a foreign national that is “inadmissible” if the minister believes it is against the national interest, specifically examining national security or public safety.

There are also changes in the bill about what constitutes serious criminality. Previously a conviction in Canada resulting in a prison sentence of two years or more constituted an automatic revocation of a permanent or temporary resident's right to an appeal. This would revoke that right with a conviction of six months or more, which has to be explored and investigated as to what kinds of crimes we are looking at and who would be most likely to be affected.

It would increase the penalties for misrepresentation, taking them from two years to five years for inadmissibility for permanent resident status. One thing that is very positive in the bill is that it would clarify that if someone enters Canada as part of an organized criminal activity, that on its own would not constitute inadmissibility, which may be important to people who are trafficked into Canada through some kind of criminal organization.

While I believe Canadians are legitimately concerned about the issue of non-citizens who commit serious crimes in Canada, we have a concern about concentrating more arbitrary powers in the hands of the minister. The vast majority of newcomers to Canada, and I have direct experience with many newcomers in my community, are law-abiding people who do not commit crimes. We believe the Conservatives ought to spend more time and effort ensuring these people are treated fairly and are reunited with their families as quickly as possible.

Conservatives cannot have it both ways. We cannot take someone such as Conrad Black and welcome him back to Canada with open arms and claim, as the minister did, that this was independent of politics and handled by bureaucrats, and then introduce a law like this which clearly would concentrate more discretionary decision-making power in the hands of the minister. Suddenly he seems to have a conversion on the road to Damascus and wants to deport convicted criminals instead of welcoming them with open arms. That is quite a change. However, there are a number of other ways the minister could help, such as maybe no longer appointing his friends to the Immigration and Refugee Board and having a fairer process there.

While the issue of criminal activity and ensuring we are not getting the wrong people in Canada is important, we believe there are concerns that are not being taken into account. Mental health issues are a big area of concern. In my communities and in communities across the country, there are people who come here as refugees from war-torn countries. They do not get the kind of mental health support they need. We know there is a disproportionate representation of people who are mental health survivors in the prison system who desperately need help and would benefit greatly from help here in Canada, including many refugees whom deportation will not help.

Canadians would see people from war-torn countries being disproportionately rejected from Canada under the bill. Mental health is clearly a huge issue, as is the lack of ability to appeal. That is also left up to the discretion of the minister. The lack of appeal is something that has been criticized in other immigration initiatives by the government and is certainly something that I would question here.

While of course we support ensuring that Canadians are protected from criminals who would take advantage of our immigration and refugee system and come to this country and commit crimes, there are problems with the bill that need serious discussion, investigation and change in order to do the job that it is meant to do.

[Annick Papillon, NDP, Québec, QC]

Mr. Speaker, what else is there to say after the hon. member for Gatineau summed up the issue so well? I will say that it is with very mixed feelings that I take part in today's debate.

First, I want to stress that, yes, we do share the government's concern over serious crimes committed by individuals who are not Canadian citizens. However, we think it is just as normal to share some real concerns about Bill C-43.

This bill will prevent permanent residents and illegal immigrants who are sentenced to a jail term of six months or more in Canada from appealing their deportation order. The individuals convicted would then be sent back to their country 12 to 15 months sooner than if they could have pleaded their case before the Immigration Appeal Division.

Currently, only immigrants sentenced to more than two years in a penitentiary are deprived of that right. According to the Department of Immigration, over 2,400 convicted individuals are currently appealing to the Immigration Appeal Division of the Immigration and Refugee Board. The new rule would eliminate half of those cases.

The bill includes other changes to the act. For example, those who are inadmissible for serious reasons will no longer be allowed to apply to stay in the country on humanitarian grounds. Moreover, the Minister of Immigration would be given a new power. That is indeed the case. Another power is given to the minister. Obviously, he must have felt that all the powers given to him under Bill C-31 were not enough.

And now this government goes so far as to deny permanent resident status to an individual, for reasons of public interest. We can be sure that the courts will have their hands full, even though that is already the case.

Finally, under Bill C-43, a foreign national would also be denied entry to Canada if a member of his family is denied entry for reasons related to security, organized crime or war crimes, even if the individual who committed the crime does not accompany that person.

The immigration minister said that his Bill C-43 seeks to restructure the deportation of convicted criminals by restricting their access to the appeal process. The minister indicated that, currently, many immigrants who have been convicted of crimes can avoid deportation because they were sentenced to a prison sentence of less than two years. The term “many” should be put in perspective because, according to Statistics Canada, in 2010-11, 86% of all prison sentences were of six months or less. We want facts because facts show the real picture.

As I already mentioned, this bill seems to follow the Conservative government's alarming pattern of giving greater discretion to ministers in matters of immigration and public safety. The high degree of discretion that Bill C-43 grants to the minister with respect to issuing or revoking a declaration, which would prevent a foreign national from becoming a permanent resident for a maximum period of 36 months, seems to go too far and must be clarified. To justify the discretionary powers that he would be given, the minister said, “We just do not have the time.”

Unfortunately, a little bit of time is what some immigrants need sometimes, if only to fill out all the forms and paperwork, to ask questions and make telephone calls to find out where a certain document has to be submitted and by when. Furthermore, massive cuts are being made to Citizenship and Immigration's client service unit. It would not be very difficult for the minister to give them a little more time. It would be the least he could do.

Michael Bossin, an immigration lawyer in Ottawa, says that, in his experience, jail time for these young offenders teaches them a lesson, they get a job, become responsible, build a family and no longer pose a danger to the public. According to Mr. Bossin, with a stay of removal, a young immigrant reacts as though he were on probation and often changes his conduct. Mr. Bossin believes that the changes to the new law could result in the export of Canada's social problems and will not deal with the underlying causes of criminality.

Once again, this government relies on clichés far too often and it does not address the source of the problem. That is what it should be doing instead.

In addition, Mr. Bossin believes that people with a mental illness would suffer undue hardship if they were deported to a country where they are often stigmatized and punished because of their condition. On that topic, Ms. Lash, an immigration and refugee lawyer with community legal services in Ottawa, says that those changes will affect many individuals with psychiatric problems.

According to lawyer Joel Sandaluk, if Bill C-43 becomes law, it is likely to divide families. He states that this is going to destroy families who have been in Canada for a long time and that, if the parents or other family members are deported from Canada, this will do irreparable damage. The damage will be irreparable because we are talking about the lives of human beings. We must never forget that.

In addition, Andras Schreck, vice-president of the Ontario Criminal Lawyers' Association, said that Bill C-43 raises constitutional issues under the Canadian Charter of Rights and Freedoms.

Lawyers across Canada are speaking up for the rights of Canadian immigrants, many of whom came to Canada at a young age. They were raised and educated here, they started families here and they started businesses here. Many companies in Quebec City were founded by immigrants who have received major awards for entrepreneurship. By the way, I congratulate them and I am proud of them.

The government's proposal is clumsy, because it is likely to have a significant impact on immigrants who do not have Canadian citizenship. In fact, the legislation will even apply to permanent residents who have been in Canada for decades.

As justification for this bill, the government has given examples of cases where immigrants have committed serious crimes and then used the system to delay their deportation for years. Those examples show flaws in the system, I agree. It is important to study the matter. We need to know what those flaws are and make sure that any gaps are plugged rather than resorting to stereotypes.

The NDP wants to move this bill forward in committee. Despite the bill's clear deficiencies, we want to hear experts give their opinions on the matter so that reasonable solutions to the problem can be found. New Democrats believe that it is possible to work with the government to prevent non-citizens who have committed serious crimes from abusing our system of appeals, and to do so without trampling on human rights. The NDP also supports those newcomers who want the government to focus on improving the fairness and the speed of the immigration system for the great majority of people who do not commit crimes and who live by the rules.

To conclude, this is one more bill where the Conservative government tells itself that there is nothing finer than to use its majority to push bills through and to steamroller over the opposition and especially over experts in the field. I have quoted a number of them here who confirm that we absolutely must take longer with, and go deeper into, social problems. This bill is oversimplified. We are showing prejudice and a lack of class in dealing with our immigrants. They are here among us and they function very well. In some cases, they are extraordinary people. I have met them, and frankly, they are models for our society.

I feel that it would be a real shame to remove these models, who are teaching our younger people profound and universal Canadian values. It would be a real shame to send these people back with their rights trampled on in this way.

[Anne Minh-Thu Quach, NDP, Beauharnois—Salaberry, QC]

Mr. Speaker, Canada has a reputation for being a welcoming country, but unfortunately, under this government, problems with our immigration system keep piling up. Instead of dealing with the cumbersome bureaucracy, the Conservative government has instead introduced another bill, on the heels of Bills C-4 and C-31, that will not do much and, in fact, will cause more problems of injustice.

Bill C-43 seeks to deal with crime and speed up the deportation of immigrants who commit crimes in Canada, but also of permanent residents who have become Canadian citizens.

My colleagues in the official opposition and I, along with colleagues from the other opposition parties, all agree that it is important to have a reliable and fair judicial apparatus. People who commit serious crimes and who are not Canadian citizens should indeed be punished, but let us not be deceived by this bill. The fight against crime is just a smokescreen. The real purpose of Bill C-43 is to give the minister more discretionary power and to remove all flexibility from the justice system and all independence from judges. This will only further politicize our immigration system instead of making it fairer and more efficient.

The bill will make a number of changes to the Immigration and Refugee Protection Act. I will name a few.

It will change the appeal process in certain cases, which goes against a fundamental right; permanent residents, refugees and illegal immigrants who receive a prison sentence of six months or more in Canada can no longer appeal their deportation; the bill will also allow authorities to hold at the border individuals who pose a risk to Canadians; it will require Federal Court judges to impose certain detention conditions on a person deemed inadmissible; it will put more powers in the hands of the minister—he could decide to deny temporary resident status if doing so is justified by public policy considerations interest, but unfortunately, the bill does not define “public policy considerations”; in fact, the bill gives the minister the power to define “public policy considerations” himself—; and the bill removes the right to appeal if the prison sentence was six months or more.

The first problem with this bill is that it does not differentiate between a minor offence and a serious crime, which is what the hon. Liberal member pointed out. An immigrant who receives a six-month sentence would automatically be deported. The right to appeal is revoked. In addition, the bill redefines “serious criminality” and includes minor offences. With no right to appeal and with such a broad definition, we can expect to see court challenges. This approach is not at all consistent with Canadian law.

The other problem, which is even more serious, has to do with the discretionary power the minister wants to give himself. He is the one who decides whether to issue a visa or not, but he is no longer required to consider the humanitarian circumstances of the situation. That is a double standard. In fact, we get the impression that the minister is targeting immigrants and refugees, forgetting that the vast majority of them are not criminals.

There is no question that this bill will end up eliminating the safeguards that allow our justice and immigration systems to deal with particular circumstances. Immigration officers and judges no longer have the power to examine the cases before them. That is quite serious. Judges have the power to judge, but they no longer have the power to do so properly. Way to go. The minister is imposing a standard model on the system. Abuse of power is a very real possibility. If the government makes mistakes, how will the people affected be able to defend their rights? They have no recourse, and that is serious.

The goal of the bill is commendable, but all those aspects give us reason to fear that there is a breakdown in our Canadian justice and immigration systems.

The fundamental question is this: do we want major decisions in criminal law to be made by a minister? In a state governed by the rule of law, such as Canada, the principle of balance between the judicial, governmental and legislative powers is essential.

Why is the whole process being so politicized? What is the justification for this discretionary power? The Minister of Immigration answered this recently by saying that he did not have the time, and added that it was important to act when foreign nationals were at an airport. It does not always happen like that, and things are not always so simple. In fact, it is always more complicated.

Too much haste could produce the opposite effect and create a system plagued by abuses of power, as we heard earlier. It could trigger legal challenges and lapses with regard to our international obligations. The bill's intention is good, but the text really needs to be improved, to ensure that it respects our basic rules of law. The entire immigration system needs to be reformed, but certainly not with the radical measures proposed by the Conservative government.

Our system is marred by bureaucratic problems and arbitrary decisions. Since the Conservatives came to power, there has been a backlog of over 1.5 million immigration applications. Parents and grandparents who want to be reunited with their children and loved ones wait, on average, for seven years before receiving a decision. Skilled workers have to wait an average of four years. Some spouses and children who were supposed to be given priority wait three years—and these are the priority cases.

Instead of accelerating the processing of claims, the government is cutting programs for refugees. The planned cuts to the interim federal health program will deprive some people of health care services. The Conservatives are proud of that. They claim to be champions of the economy, but in reality, they are failing miserably. Many immigrants are still waiting for their foreign degrees and experience to be recognized. The federal government could create tools to recognize foreign credentials and allow these skilled workers to contribute to our economic growth.

The Conference Board of Canada estimates the financial loss created by the failure to recognize foreign credentials to be $4 billion a year. And what about the partisan appointments to the Immigration and Refugee Board? Applicants' cases are not all treated the same way, and the criteria are not always applied consistently. Why does the government tolerate such an arbitrary and unfair process? This partisanship does not reflect well on Canada and denies immigrants access to a fair and equitable system.

This government treats immigrants like disposable objects. For example, it increased the number of temporary workers by 200% while allowing employers to decrease these workers' earnings by 15% as compared to the earnings of Canadian workers. Rather than encouraging the long-term integration of immigrants, the government is treating them like second-class citizens.

As the daughter of a refugee, I can say that the contribution of women and men, immigrants, refugees, people who come to start a life here is incredible. On average, newcomers are better educated and have a well-developed business sense. The rate of entrepreneurship among newcomers is very high, and they create jobs and participate in the local economy. We cannot assume that all immigrants are potential criminals. That is managing through fear. Foreign nationals can contribute to Canada both economically and culturally.

Let us also not forget that this country was built by people who came from all four corners of the earth and who chose Canada as their homeland. Why not improve our system to give skilled workers the opportunity to come and work in areas where there is a labour shortage? Instead, the government is cancelling the applications of 280,000 skilled workers, freezing sponsorship applications for parents and grandparents, and continuing to deny visas without reasonable grounds and without the possibility of appeal, thereby preventing families from being reunited for the weddings or funerals of their loved ones.

As New Democrats, we are in favour of a justice and immigration system that condemns violence, criminality and fraud. It is vital that we protect our country against criminals, while treating them fairly. We are prepared to work with the government on bills such as this one, but it must be improved and amended to make it acceptable from a legal standpoint. We believe that some aspects of the bill are constructive, but the traffickers at fault must be punished, not the victims.

Why do the Conservatives not put aside their ideology and make it possible for all of us to work on the bill in committee to make it better? It is possible for Canada to welcome newcomers and fight crime at the same time.

It is possible to do all that at the same time.

[Annick Papillon, NDP, Québec, QC]

Mr. Speaker, I was listening to my colleague from Beauport—Limoilou speak, and I thought to myself that this really is a Conservative government that is overreaching itself, that is going a little too far beyond the powers it should have. We see it granting itself discretionary powers in Bills C-31 and C-43, and now in Bill C-44. I know there are a lot of immigrants in my distinguished colleague’s riding, especially in the Beauport area. I am also thinking of them today.

In light of what we can see and what my colleague and his whole team can see on the ground in Beauport—the requests they get from those people—I would like him to tell us a little about how the people caught in red tape see things.

[Sadia Groguhé, NDP, Saint-Lambert, QC]

Mr. Speaker, I would first like to commend my colleague on his speech.

He reminded us of the importance of focusing on improving the immigration system to make it faster and more efficient with regard to family reunification, foreign credential recognition, and the situation of temporary foreign workers.

This bill redefines the notion of permanent resident in a fairly specific manner. In my opinion, we need to pay close attention to these profound changes. There has already been Bill C-31, and now there is Bill C-43. I think that the fact that the minister could potentially be given even more discretionary power is clearly a danger that we really need to pay close attention to.

Some stakeholders have pointed out something important about first-time offenders: that they could be deported even though they are not at all familiar with their country of origin.

What can my colleague tell us about this?

[Isabelle Morin, NDP, Notre-Dame-de-Grâce—Lachine, QC]

Mr. Speaker, I am pleased to rise in the House today to speak about Bill C-43 to amend the Immigration and Refugee Protection Act. This bill does have some potential, but it also contains some disturbing elements that, in my opinion, should be more thoroughly examined in committee.

In many ways, these amendments to our Immigration and Refugee Protection Act could lead to abuse of the system and abuse of power. Let us start with the clause that gives the minister more discretionary power. This clause gives the minister—not judges or the courts—the authority to rule on the admissibility of temporary residence applicants. In fact, this amendment allows the immigration minister to arbitrarily decide what risk a refugee represents, “if the Minister is of the opinion that it is justified by public policy considerations”.

Let us now move on to the clause that allows the minister to avoid the responsibility of examining humanitarian grounds in the case of a foreign national who is deemed to be inadmissible. My colleague just spoke about it. In Canada, the government wants to give the immigration minister the opportunity to review people's files to assess whether or not they should be deemed admissible. This would allow the immigration minister to be inflexible with regard to the extraordinary circumstances in which asylum seekers sometimes find themselves.

Let us add to that the clause that amends the definition of “serious criminality”, a clause that uses extreme cases to defend Conservative measures to combat crime. In Bill C-43, the Conservative government is once again introducing the doctrines of its crime agenda by applying them to immigration. Whether we are talking about Bill C-31 or Bill C-43, it is always the same thing with the Conservatives.

This bill penalizes all refugees who arrive in Canada. Instead of defining and setting out a framework for the legal treatment of serious crimes committed by non-citizens, Bill C-43, in its present form, punishes legitimate refugees, as well as the civil society organizations, lawyers and other people who are trying to help them.

Michael Bossin, a refugee lawyer in Ottawa, is of the opinion that the amendments to the new law could result in Canada exporting its social problems rather than dealing with the root causes of crime.

The minister said that he wants more power to intervene in order to deport criminals. In my opinion, he should spend less time organizing press conferences that paint a negative picture of newcomers, as in the announcements we saw recently, and instead provide police with the resources they need to protect us from criminals from all walks of life.

Instead of giving far too much vague power to the Minister of Immigration, why do the Conservatives not concentrate on improving the fairness and speed of the immigration system?

There are many immigrants in my riding. They represent almost one-third of the population of Notre-Dame-de-Grâce—Lachine. I meet some of them every week when I return to my riding. In fact, I work on many immigration cases. I have one employee who works full-time on these cases because there are so many of them. The applications are straightforward and move along well. At the meetings, the applicants are given all the certificates, are told that they have been accepted and that they must forward their medical certificates. They wait for the certificates, but it takes months and months to get an answer. All the changes at embassies have made things worse.

There are many people who are good citizens and who have every right to come to Canada in the near future. There are problems with family reunification. There are people who want to come here to start businesses. Others want to come here to work and to live in a free country like Canada. But they sometimes have to wait up to 36 months before getting an answer, even if everything is in order. Even if a young 26-year-old man is moving here to be with his 25-year-old wife, even if these people will better Canadian society, even if they are going to work, are educated, are in perfect health and would make model Canadian citizens, they have to wait 36 months.

In my opinion, this type of bill should really address the problems we are currently having: the red tape involved and the slowness of the process. That is not what I am seeing. None of the bills introduced by our Minister of Immigration will solve the problem.

We have seen cuts to the embassies and more restrictions imposed on people who want to come here. The government is accusing immigrants and refugees of being criminals, but it is not coming up with anything to make things better. There is nothing in the bill about people who are here legitimately or about plans to help make the process smoother, because often it is an unpleasant and lengthy process. People anxiously await documents. The family in Canada is anxious as well. I think it would be better to include something to address that.

Hon. members will agree that most people whose application is rejected did not commit a very serious crime. Often the minister will nitpick about minor things and minor technicalities in order to have fewer people come here to Canada.

Most newcomers to Canada would like to be treated fairly and, more often than not, be reunited with their family members.

Bill C-43, as introduced in the House, gives far too much discretionary power to the Minister of Immigration and gives far too little importance to human rights. Nonetheless, as I have already said, it shows that the Conservatives have taken a slight step forward. The bill clarifies that entry to Canada as a result of criminal activities is not enough in and of itself to warrant a determination of inadmissibility. This measure protects the victims who are implicated in serious criminal activity.

The NDP supports measures to help victims of trafficking and the provisions that show respect for and openness toward the victims of trafficking. What is more, the NDP urges the government to support an efficient judicial apparatus that respects human rights.

The new legislation limits the right of a permanent or temporary resident to appeal to the Immigration Appeal Division of the Immigration and Refugee Board of Canada, including in cases of extenuating circumstances for those who are sentenced to more than six months in prison and cases of appeals related to humanitarian considerations for those deemed inadmissible on grounds of security, violating human or international rights, or organized criminality.

Mario Bellissimo, a Toronto lawyer and a member of the executive of the immigration section of the Canadian Bar Association, said that it is misleading to designate permanent residents as foreigners, that they are casting the net too wide. If people make one mistake—even if it is a non-violent crime—they will be removed.

Mr. Bellissimo believes that Bill C-43 reflects the government's lack of confidence in the immigration tribunal and the Canadian judiciary.

Why should such important cases have to suffer because of the Conservative government's lack of political will?

These changes to the Immigration and Refugee Protection Act require more careful examination. That is why we will send the bill to committee. As I said at the beginning, we think this is a good start and the bill has potential. There are still some immigration issues to resolve, but we must examine them carefully and determine how we will resolve them.

It can be sad when I meet with my constituents. The people who come to my office have often been turned down as refugees. They were asked for proof. I recall one young woman. I will not give her name or say where she is from, but she sought asylum because she had problems with the police in her community. But she was asked to prove that the police were not on her side. These are the kinds of situations that I would like to resolve, because when a person has problems with the police, it is hard to get a certificate saying that the police are causing the problems.

I think that very serious problems should be studied to see how they can be resolved.

In conclusion, the NDP believes that we can prevent non-citizens who commit serious crimes from abusing our appeal process without violating their rights. Let us remember our Canadian values and work together to build a stronger, fairer Canada. Let us show refugees, temporary residents, permanent residents and immigrants that Canada is a welcoming country, as it has always been.

[Wayne Marston, NDP, Hamilton East—Stoney Creek, ON]

Mr. Speaker, I am pleased to rise today to speak to Bill C-43.

In a democracy, due process is the very life blood of our freedoms and the protection of citizens' rights. Political power as such must rest with this Parliament and not with any given minister. Any move that is seen as usurping the power of Parliament has to be, at the very least, questioned in this place.

Bill C-43, I would suggest, is coming on the heels of some very heated criticism of the Conservative government and its proposed refugee reform in Bill C-31. It also cuts at health care, as we hear spoken of in this place. It would seem to us that perhaps the government is trying to change the channel with Bill C-43.

The Conservatives' mantra for the last six years has been pretty much “tough on crime”. To some extent, they have extended that past the point of reality and into a great deal of spin.

When government members speak about the need for Bill C-43, they use some pretty extreme examples of foreign nationals abusing the immigration appeal process, to blow smoke over the fact that this bill is designed to effectively remove checks and balances that permit some flexibility within our system for extraordinary circumstances.

I am a believer in due process and the need for the right to an appeal. Not everybody's story is the same. There is a variety of things that can happen, and I will touch on those as I move forward.

However, I also support the ability for humanitarian and compassionate consideration for those people who, in some terms, might be inadmissible on various grounds: security, humanitarian, international rights violations or organized criminality. There are exceptions to every rule. Many times the whole story needs to be truly evaluated regarding a removal order.

We have had situations in Hamilton. For instance, at least one woman I am aware of, who had a number of children born in Canada, received a removal order. The order was suspended, but had there not been some reconsideration of the facts of that case, a pause for a second look, she and her children would have been forced out of this country. They may, in due course, still be forced to leave, but at least they will have had the benefit of due process and a real evaluation of their situation.

I want to stress that New Democrats do recognize the need for efficient and responsive judicial apparatus for the removal of serious criminals from Canada. Having said that, we do not support closing the door on an appeal process. There has to be balance.

None of us is perfect, nor are the ministers of the government. The reality is that sometimes in some places innocent people, even those not totally innocent, may have been inappropriately moved out of this country too quickly if they did not have the option of appeal.

In my opening remarks I talked about the supremacy of Parliament. We do not support granting the minister the power to unilaterally prohibit a foreign national from becoming a temporary citizen for up to 36 months based on public policy considerations. This is simply too vague and I would suggest unnecessarily too broad an application of ministerial discretion.

We have respect for the ministers of the government, and we understand that in most instances they are doing their due diligence as they see it. However, granting extraordinary powers is not going to be in the best interest of Canada and the rights of Canadians.

New Democrats stand with newcomers who want the government to focus on making the immigration system faster and fairer for the vast majority who have not committed any crimes and who have followed the rules.

Practically every member in this place has stories of people, good souls, who waited in line, filled out the forms and did all of the things that were required of them to gain access to Canada and eventually become a citizen, only to be waiting in suspended animation for years.

We want to be sure that whatever changes are made are fair. When the minister talks about this particular bill, he talks about tough but fair measures and repeatedly emphasizes that it is easy for a non-citizen to avoid deportation. The reality is that one should not commit crimes. That is understandable. That is something we support.

However, Bill C-43 redefines serious criminality for the purpose of access to appeal. I keep coming back to that area of appeal, that area of a last chance. Once a conclusion is made on a final deportation order, Canadians expect us to be absolutely sure of the importance and necessity of removing that person.

I would suggest that this change merits further committee study. We in the NDP will support sending the bill to committee. We understand there is an issue. This is not a circumstance where we are on this side of the House saying that we are just going to oppose blindly. We are going to offer positive suggestions for changes to the bill at committee. We will extend our hand to the government to ensure that whatever bill is put forward will accomplish the job at hand, but protect people's rights in the course of that effort.

The narrowing of circumstances under which humanitarian and compassionate considerations can be taken into account makes the system less flexible. This has already raised concerns from groups advocating for people with mental illnesses, for example, who may not have been in control of themselves at the time a crime was committed. There has to be some consideration for that circumstance.

I have had family members over the years who had various stages of depression or various stages of mental illness. In one case a close relative was medicated for all of her life and was hospitalized for 10 years for a serious situation. At that time she was not in control of who she was. That person by the way was my own mother.

The broader discretionary powers in Bill C-43 would grant the minister the power to issue or revoke a declaration that would prohibit a foreign national from becoming a temporary citizen for up to 36 months. Many people in the community feel that this would go too far, and that is something for the committee to consider.

It is troubling to note that the Conservatives have marketed the bill almost exclusively on its design to speed up the deportation of serious multiple offenders. Could that be to draw attention away from the fact that Bill C-43 would remove an appeal process and would bestow these new and extraordinary discretionary powers to the minister?

This is not a case where decisions should be made by one person. Very serious decisions take place relative to removing someone from our country. These decisions have an impact on a person's life and family. There are occasions where it is absolutely necessary to remove someone, but we want to be sure that on those occasions the person has had due process and an appeal process. When we reach the conclusion that the person must leave, we can do that in clear conscience, knowing the facts and not relying solely on the judgment of the minister.

I am going to skip through part of my speech because I think my time is just about up.

In 1999, the Australian immigration system underwent a reordering with striking similarities to what is before us today. It is often worthwhile to look at another country, particularly a democracy similar to our own. The mistakes that were made in the Australian case were clear and well documented, and for some reason our minister thinks that Canada ought to repeat them.

Previous to 1999, people were protected against deportation if they had been residents of Australia for 10 years or more. However new amendments gave the minister new powers to dismiss appeals without judicial review. Many of those people had arrived in Australia as infants.

That kind of excessive power is what the NDP is concerned about. We are concerned that the appeal process would be shoved aside and these extraordinary powers would be granted to the minister. That would have a terrible effect on people in the community and their view of what life is like in a free country.

[Tarik Brahmi, NDP, Saint-Jean, QC]

Mr. Speaker, I am very honoured to speak today on behalf of the people of my riding about Bill C-43, An Act to amend the Immigration and Refugee Protection Act, the short title of which is the Faster Removal of Foreign Criminals Act.

One of the reasons why I am interested in this subject is because I am an immigrant myself. My father was also an immigrant to the country in which I was born. Before becoming a Canadian citizen, I was a permanent resident. I heard the many very relevant comments of my colleagues in this regard. However, we have not yet heard from the Conservative members, which is unfortunate.

Like my NDP colleagues, I have many reservations about this bill. First, there is the short title: the Faster Removal of Foreign Criminals Act. Instead, we should talk about serious foreign criminals.

Bill C-43 refers to two types of people who do not have Canadian citizenship. There are newcomers, who are called “foreign nationals”, and long-time residents with permanent resident status. Permanent residents are in a different category than so-called foreign nationals because, under the bill, permanent residents can be temporary workers or students, for example.

One thing that seems to come back in all the pieces of legislation that have been introduced since the beginning of the 41st Parliament is the constant need to give more discretionary power to the Minister of Citizenship, Immigration and Multiculturalism. Frankly, this is a trend that I find very threatening as a citizen. Every time that a power is taken from the courts and judges and given to a minister, we have cause for concern. What is strange is that many reports have demonstrated that the law is not properly and fairly applied because of the lack of resources in the ministry and in the agency in charge of immigration.

One of the problems with this bill is the removal of the right to appeal in certain circumstances. That is dangerous, in my opinion. Obviously, nobody likes long appeal processes that last for years. However, the other extreme, which is, namely, no right to appeal, is certainly no better. I see nothing in this bill to prevent the possibility of abusing the system and this is something I would like the justice committee to be able to modify at the next stage.

This is another immigration bill. That is quite strange, because the government tells anyone who will listen that its priorities are the economy and job creation. As it says, it is focused like a laser on the economy and job creation.

We have a number of reservations. Reports from the Auditor General have uncovered serious problems in the processing of immigration files. Specifically, there have been problems with transparency and with information management at the Canada Border Services Agency.

The Auditor General has mentioned that the act is applied randomly and that is very troubling. It is all the more troubling given the Conservatives' current tendency to concentrate decisions more and more in the hands of a few responsible people. But they are reducing the staff tasked with conducting the investigations that lead to the conclusions that allow those decisions to be made.

When you are a member of an immigrant community, as I am, you are inevitably very sensitive to the way in which immigrants are treated when they are convicted of crimes, especially those that the government is now calling serious crimes.

So that brings us back to the famous definition of a “serious criminal“. Previously, it was someone sentenced to more than two years in prison. From now on, it will be someone sentenced to more than six months in prison.

While, in theory, serious criminals are the only ones responsible for their actions, in practice, we see that crimes committed by a handful of people actually spill over onto the entire immigrant community to which those people belong. One of the direct consequences is that, more than anyone, immigrants themselves want a justice system that is effective, but above all fair, a system that ensures that crimes committed by a handful of people, however serious they may be, do not reflect negatively on an entire community that is living and working honestly and taking its place in the economy of this country.

I would also like to refer back to Bill C-31 that was brought before us in the spring and that received royal assent in June. Once again, it is very important not to lump together immigration and crime, not even by association, because too often, even systematically, when immigration and crime are lumped together, the result is xenophobia. Xenophobia is a real cancer for any open society, like ours in Canada, and for any country that has decided to use immigration as a way to replace the generations that have passed on.

Generally speaking, it is risky to examine an immigration issue in the context of a bill that targets a minority made up of foreign criminals among which only a very small number are serious criminals.

Let us now talk about the right of appeal. A number of my colleagues pointed this out. In a process—and this is a concern everyone shares—whenever the opportunity to appeal is removed, the image of justice is damaged and there is a risk of adding to the cynicism of a segment of the population that does not believe in our justice system.

There is a risk to the credibility of the justice system. That is why I am rather critical of this bill. There is a risk of adding to the cynicism of a segment of the population that does not believe in justice or in the justice system.

There has also been much talk about the case of new permanent residents who are awaiting their citizenship. There is also another situation that we do not talk about, namely that of people with dual or multiple citizenship. Quite often, people, immigrants, will not apply for Canadian citizenship. This is not because they do not want to participate in the life of our country but, rather, because they already hold citizenship that they would automatically lose if they took Canadian citizenship. This decision not only has consequences for the person who decides not to take Canadian citizenship, it also has an obvious impact on the children who did not make that choice, who did not have the opportunity to express their views on the fact that their parents decided not to take Canadian citizenship.

I am going to conclude by saying that, for all these reasons, we will support Bill C-43 at second reading. However, given the strong reservations that we have, we will give the Standing Committee on Justice and Human Rights an opportunity to hear expert testimony that may support the serious concerns raised by my colleagues and myself during this debate.

[Sana Hassainia, NDP, Verchères—Les Patriotes, QC]

Mr. Speaker, I would like to inform you that I will be sharing my time with the hon. member for Saint-Jean.

The debate on Bill C-43, dealing with the removal of foreign criminals, is one I am particularly interested in. This is another step in the comprehensive reform of our immigration system that the Conservatives are doing their utmost to undertake. As the stakes are high and as the decisions made in this House will have major repercussions on many people's lives, it is essential to thoroughly study the changes proposed in this bill.

Ultimately, this bill proposes to do away with the control mechanisms that allow the immigration system to respond to exceptional circumstances in a flexible way. Powers are being taken out of the system and placed into the hands of the minister, who, more than ever before, will be able to decide unilaterally what is good and what is not good for individuals and for our country.

I have to say that this trend leaves me confused in a number of ways. My first concern is with the concept of serious criminality. At the moment, as we know, someone who is not a Canadian citizen can be sent back to his country of origin if he is convicted of a crime punishable by two years or more in prison. This is intended to keep Canadians safe, while leaving some room to manoeuvre for individuals making a simple mistake. There is a good balance between compassion and public safety, in my opinion. But Bill C-43 would reduce the prison term triggering deportation from Canada from two years to six months. This would considerably broaden the categories of crimes punishable by removal from our country, pure and simple. I believe that this major change requires more thorough study.

Which crimes would henceforth be considered serious enough to justify deportation? Are there not cases in which deportation would be out of proportion to the offence? I feel that we must think about this before we act, given the dramatic consequences of deportation.

I believe that the government is trying to show its muscle here as it has done with various other bills in the past. This is their no-nonsense, tough on crime approach. But have the consequences of that approach been seriously studied?

I would like to quote the president of the Canadian Somali Congress, Ahmed Hussen. In describing the potential consequences of Bill C-43, he said that a good number of the people who are likely to be captured by this new law are first-time offenders who, if given a chance, could reform and change their behaviour.

This means that if we lower the bar from two years to six months, we could end up disproportionately punishing people who, although they made a mistake—it happens—are capable of turning things around. Where is the compassion that helped our country become what it is today? I do not see that in this bill.

I must point out that the immigration minister promoted this bill by using examples of extremely dangerous offenders. Of course we all agree with the idea of preventing dangerous people from walking freely in our streets. I am just as concerned as the minister about the safety of my fellow Canadians. I recognize the need to have an effective justice system in order to deport serious criminals who are not citizens.

However, emotion must not win out over reason in such a complex debate. Blindly and indiscriminately lowering our threshold of tolerance without considering each individual's particular circumstances is not a good solution.

Now let us talk about the vast discretionary powers given to the minister. I cannot support the removal of the appeal process for certain people. Furthermore, I cannot agree with giving the minister unilateral power to prohibit a foreigner from becoming a temporary resident for a period of 36 months, if he feels that it is justified by public policy considerations. That power is much too vast and too vague.

In addition, there is a problem with Bill C-43 that the government does not seem to have thought about. We could end up deporting offenders who came to Canada at a very young age and who no longer have any ties to their country of origin. That has happened before. A young person who immigrates at the age of two with his parents has no memories of his country of origin. He considers himself to be Canadian. His friends are here, as are his social network and family. He has gone to school and worked in his community. When he makes a mistake and commits a crime, however, he does not have the same rights as a citizen and risks being deported.

It is not a fundamentally bad concept. We all understand that serious crimes must be punished severely. That is why the rule regarding a two-year prison sentence is justified. However, by reducing that time frame to six months, we run the risk of deporting people who commit relatively minor crimes to countries they do not know.

The problem I have with this bill is not so much its intention, but rather the means it uses. Protecting society from dangerous criminals is one thing; cracking down indiscriminately and imposing disproportionate punishments on anyone who makes a mistake, no matter how minor, is quite another thing. Does the government realize how difficult it might be for someone to be deported to a country they do not know? I urge the government to seriously consider this question. In short, I would like to say this: let us make the system tougher when it comes to removing criminals if need be, but let us not do so blindly.

Another aspect that really worries me is mental illness. The minister does not say very much about this aspect in his press conferences on the bill, but many convicted criminals have mental health problems.

His bill deprives judges of a great deal of their discretionary power to consider the circumstances in which a crime is committed. I do not think this is a good idea.

According to Michael Bossin, a lawyer who specializes in refugee rights and has extensive expertise in that regard, in many cases, people who have mental illness problems often commit crimes when they are not treated. That is a well-known fact. Many convicted criminals struggle with mental illness.

What do we want as a society? Personally, I think proper treatment should be provided to offenders whenever possible. Locking these people up or sending them to their country of origin only covers up the problem; it does not solve it. It means off-loading the problem onto someone else. That is not what I expect from a country like ours.

People struggling with mental illness must receive care, even if they have committed a crime. This is not being soft; it is being compassionate and wise.

Since Bill C-43 practically ignores this troubling aspect of criminal behaviour, we have a right to question the bill's real intentions.

This leads me to my last point. This reform does not seem to based on any true facts or hard evidence. The government seems to be taking the same approach it used to amend the Criminal Code. It is clamping down without any sense of the outcome.

Can the minister tell us what crimes will henceforth be punishable by deportation? Can he explain why a person with a mental illness would be better off in prison or in his country of origin than at a hospital? Has he calculated the cost of his reform?

The cost associated with Bill C-31, for example, is $34 million. How much will Bill C-43 cost? We do not know.

Nor do we know the current number of deportations that are the result of a conviction, or how many cases involving a deportation order for a serious criminal offence have come before the Immigration and Refugee Board of Canada.

Without such crucial data, how can we assess the potential repercussions of this reform?

I am convinced that it is possible to prevent non-citizens who commit a serious offence from abusing our appeal process without trampling on their rights. Like the vast majority of newcomers, I would like to have a government that is focused on improving the immigration system to make it faster and fairer.

On top of all the questionable changes that I have already mentioned, this government's modus operandi makes me wonder what its real intentions are.

The Minister of Immigration seems to be contemplating a two-tier system. Just look at the treatment Conrad Black received recently. Mr. Black committed a crime for which he served a sentence abroad, but when he wanted to return to Canada, the minister said he did not want to get involved and that the case should be left in the hands of the officials.

However, through Bill C-43, the minister is now asking for much more freedom of action. He also wants to have more discretionary power in order to intervene in cases involving the deportation and entry of criminals. We cannot always get everything we want in life. We cannot call for an independent system one day and ask for vast discretionary powers the next day.

What is good for Conrad Black has to be good for everyone else. If Mr. Black's file is reviewed by officials, then every file should be. In that sense, the proposed reform in Bill C-43 seems out of touch with reality. Does the minister want judges and officials to enforce the rules, or does he want to decide on everything himself?

This doublespeak does not seem very fair to me and makes me wonder about the minister's true intentions.

I am going to summarize my opinions about Bill C-43.

We all want to be tougher on non-citizens who commit serious crimes in Canada. However, like many experts, I am concerned about this Conservative bill that increases the minister's arbitrary powers. Judges will have fewer powers, and individuals who are mentally ill will be treated with indifference. The government is making these changes even though the vast majority of newcomers to Canada are law-abiding individuals who do not commit crimes.

I remember that, in 2006, the Conservative government promised to increase the number of police officers on the streets in our communities. But, for various reasons, the government did not keep its promise. I do not know if that was because the government lacked the will, because it was out of touch with reality or because it had misplaced priorities. What I do know is that the government cannot now make permanent residents pay the price for its inaction. Why not focus once and for all on protecting our communities, rather than on demonizing newcomers? Portraying them as future dangerous offenders, as the Minister of Immigration did in a news conference, is not helping. It looks as though he is trying to divert attention to a certain category of individuals rather than doing something useful.

For all these reasons, I think that Bill C-43 should be studied further in committee. A number of questions and concerns remain unanswered, and the only way to make the right decision is to think more about it.

[Jinny Sims, NDP, Newton—North Delta, BC]

Thank you, Dr. Tyndall. I have a very short time and I do have another question for you. And thank you for focusing in on infectious diseases, which definitely has a lot to do with our overall security.

A particularly troubling aspect of these changes, the ones that have been made recently, is that potentially legitimate refugees from so-called safe countries, under the recently passed legislation, Bill C-31, will be cut off from even basic medical coverage. Eventually we will learn what these so-called safe countries are, but we don't know yet.

Can you talk about how the cuts affect these particular refugee claimants, especially when it comes to infectious diseases and overall security?

[Rick Dykstra, Conservative, St. Catharines, ON]

—yes, sure—as Bill C-31 indicates, that there will be countries of safe origin, and therefore you wouldn't have status in terms of being able to apply, at least for an appeal.

Citizenship and Immigration

[Andrew Cash, NDP, Davenport, ON]

Mr. Speaker, I rise today on behalf of the members of my riding of Davenport in Toronto who continue to express concern over Bill C-31. This petition calls for the reversal of some of the more egregious elements of that bill.

Immigration

[Rick Dykstra, Conservative, St. Catharines, ON]

Mr. Speaker, very quickly, I think we are addressing these issues. Part of the reason we are having a security study and part of the reason Bill C-31 was put in front of the House and was duly passed, without the support of either of the opposition parties, was to get at the very root and heart of what the member is suggesting.

The member can feign indignation all he wants about the process and what he thinks should happen and what the conditions are. Even if they come here as mass arrivals, people get treated fairly and they get treated well. The fact is that we have people who deserve refugee status in Canada, and it is not those who jump the queue and put themselves in a position to prevent those who are true refugees from getting that designation and permanent residency here in the country and starting a new life.

I reach out to the member. It is time that he started working with us rather than against us in reforming an immigration system that was long overdue for change.

[Rick Dykstra, Conservative, Parliamentary Secretary to the Minister of Citizenship and Immigration]

Mr. Speaker, I appreciate the opportunity to respond to the member for Winnipeg North. Let me try to answer the last part of his question first, that being is the whole aspect of detention.

The member is correct. He and I both travelled to Vancouver, Laval and also Rexdale, Toronto, to view the detention facilities at all three of those locations.

He mentions Bill C-31. Part of the reason we actually did the tour was based on a number of witnesses called for by the official opposition, but also by his party, who came forward with respect to the study on the safety and security of our borders that the committee is currently working on. Witness after witness from the Liberal Party and the New Democratic Party came forward and made all kinds of overtures about what they felt the conditions of the detention facilities were.

I think I have the support of the member for Winnipeg North on this. We looked at all three facilities. None of the facilities are similar in nature in terms of how they are organized and run. However, I know we would both agree that the treatment of the individuals who were under detention at those facilities is far superior than any one of their witnesses was prepared to commit and admit to at committee. Therefore, I have a deep appreciation for our ability to go on the tour of these three facilities to understand what they were all about and to see the treatment of those individuals who were detained there for specific reasons.

The member mentioned the Sun Sea and the Ocean Lady. What happens about two or perhaps three times every decade is that ships come in from offshore because smugglers believe they can take advantage of the people who are on those ships. They force them to pay enormous, ridiculous amounts of money to stuff them onto these boats and then bring them to Canada because we had the reputation of having a system that was broken with respect to refugees. The ships would come here because it was believed to be so easy. The smugglers told the people on these ships to claim refugee status in Canada and that they would be automatically granted refugee status. Those people, who wouldn't have identification, were smuggled onto these ships and brought across. It was very unsafe. The member has seen these ships. He knows how unsafe they are.

I wish that when the Liberal Party was in power for 13 years and had the opportunity, it would have changed the immigration system and addressed the issue of those who are claiming refugee status here. The refugee system was broken.

Both Bill C-11 and Bill C-31 get at the very heart of what the problem is. That is that over 60% of those who apply for refugee status in Canada are either bogus claims, withdraw their claims or go back to their country of origin because they had learned that this was a system they could take advantage of.

I wish we would have had the Liberals' support at committee and with the bills that we passed in this legislature. We have Bill C-43 coming up to get rid of foreign criminals in this country. I hope the member will consider supporting that.

Faster Removal of Foreign Criminals Act

[Laurin Liu, NDP, Rivière-des-Mille-Îles, QC]

Mr. Speaker, this morning and afternoon, I listened closely to my colleagues' remarks on Bill C-43, An Act to amend the Immigration and Refugee Protection Act.

I want to make one thing clear. This bill would affect a very small percentage of permanent residents: those who abuse our immigration system. During this debate, my Conservative colleagues referred to some extreme cases to support their argument. That was a diversionary tactic because the vast majority of new immigrants commit no crimes and follow the rules.

My constituents want the government to focus on improving the immigration system to make it faster and fairer, something this government has failed to do since coming to power.

The NDP will support this bill at second reading so that the committee can take a closer look at it. However, as we have seen during today's debate, my caucus has some major reservations when it comes to this bill.

Before I say more about the bill, I would like to reiterate that it is one aspect of this government's piecemeal approach to immigration. Earlier this session, the government introduced Bill C-31, which, as we know, creates two classes of refugees and completely undermines refugees' rights.

You will recall that this government also reduced refugee health care services, which means that many of them will not have access to the health services they need. Is that the best way to treat people who often are penniless and have been traumatized? I think not.

Many doctors, organizations and groups of experts, including the Canadian Paediatric Society, oppose the proposed changes that will limit access to primary and preventative health care for some of the most vulnerable children and adolescents in Canada. These changes deprive a large number of children of treatments or doctor's visits if their parents do not have money to pay for the health services and medications. This is beneath a civilized country such as Canada. We must take care of our refugees.

When I travel abroad, I am very proud to wear the Canadian flag. Why? I am proud because, to other countries, Canada represents a model of diplomacy, a fair country, a humanitarian country where people are treated with dignity and fairness, no matter where they come from. However, this Prime Minister's Conservatives are transforming this country by dismantling, among other things, our immigration system.

Among other things, this bill takes away the minister's responsibility to examine the humanitarian circumstances. At present, the minister is required, at the request of a foreign national, to examine the humanitarian circumstances of the foreign national who is deemed inadmissible on grounds of security, human or international human rights violations, or organized criminality. If the minister deems it is justified, an exemption for humanitarian reasons may be granted, taking into account the best interests of a child directly affected. Unfortunately, this will no longer be the case if the bill is passed.

In addition to undermining our humanitarian reputation, the Conservatives are promoting the mentality of “them against us”. However, in our communities, the line between them and us is not black and white. With this bill, we run the risk of removing people who arrived at a very young age with their parents, have spent their lives in Canada, and cannot call anywhere else their home. They may not be Canadian citizens, but these people have contributed to our communities, have paid their taxes and are part of our society.

This Conservative government's approach is simply to deport people. It is like discarding these people without any concern for their well-being.

I would like to read some comments from Ahmed Hussen, the president of the Canadian Somali Congress, who thinks that the new bill will result in a huge increase in the number of young male immigrants who are deported without appeal:

The net will be cast wider and it will capture even more people. One big mistake on the part of these young men could see them sent to a dangerous place they know nothing about.

He also said:

For the people that are likely to be captured by this new law, we feel that a good number of them are first-time offenders who, if given a chance, would most likely reform and change their behaviour.

Why does this government not concentrate its efforts on increasing front-line immigration services? Why is the Conservative government eliminating the jobs of public servants who process immigration applications? Why is the government refusing to take action to facilitate family reunification? Instead of cutting services for Canadians, this government should give our immigration system the tools it needs to function.

Now let us talk about Bill C-43, which we are debating right now. There are two aspects of the bill that concern me. First, this bill puts even more powers into the hands of the minister, giving him authority over the admissibility of applicants for temporary residence. The minister can declare that a foreigner is inadmissible for a maximum period of 36 months if he feels that it is justified by public policy considerations. This creates a very dangerous grey area. What constitutes public policy? That is not clear in this bill.

The Conservatives are already wary of newcomers, and they have a tendency towards repression, so I am not sure we should be giving more discretionary powers to the government, and to this Conservative government in particular.

My other concern about this bill is that it changes the definition of “serious criminality” with respect to appealing a determination of inadmissibility. In the past, a conviction in Canada that carried a sentence of two or more years would lead to the automatic revocation of a permanent or temporary resident's right to appeal to the Immigration Appeal Division of the Immigration and Refugee Board.

I can give some examples. If this bill passes, we could deport people who have six marijuana plants, for example, since they could be subject to a six-month sentence. These are not people who have committed violent or serious crimes and who deserve to be punished.

This bill also targets people with mental illness, who are already overrepresented in our justice system. Many individuals have spoken out against this bill because of that. John Nash, an immigration and refugee lawyer with South Ottawa Community Legal Services, said that these changes will affect many people with psychiatric problems. He said that many people with mental illness end up in the criminal justice system. Those people could be deported too.

Instead of focusing on job creation, the Conservatives are attacking the most vulnerable members of our society. Instead of focusing on job creation, the Conservatives are attacking unemployed workers by forcing employment insurance beneficiaries to accept jobs that they are overqualified for and that do not pay as well as their previous jobs. Instead of doing something about climate change, this government has its head in the sand, which will hurt future generations. Instead of improving our immigration system to deal with applications quickly, the government is portraying all immigrants as criminals.

I want to make it clear that New Democrats recognize the need for an efficient legal system that can deport serious criminals who are not citizens. However, the Conservatives' proposed solutions are not balanced and could have devastating consequences in addition to politicizing our immigration system.

Our immigration system is broken. Just read the Auditor General of Canada's reports, which show that Canadians are waiting longer to bring their relatives to Canada and that lineups are getting longer.

I hope that once we are together in committee, my Conservative colleagues will take the NDP's concerns regarding Bill C-43 into account and accept our proposals.