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 bill was last introduced in the 41st Parliament, 1st Session, which ended in September 2013.

Sponsor

Jason Kenney  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

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.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

June 11, 2012 Passed That the Bill be now read a third time and do pass.
June 11, 2012 Failed That the motion be amended by deleting all of the words after the word “That” and substituting the following: “this House decline to give third reading to Bill C-31, 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, because it: ( a) gives significant powers to the Minister that could be exercised in an arbitrary manner, including the power to designate so-called “safe” countries without independent advice; (b) violates international conventions to which Canada is signatory by providing mechanisms for the government to indiscriminately designate and subsequently imprison bona fide refugees – including children – for up to one year; (c) undermines best practices in refugee settlement by imposing, on some refugees, five years of forced separation from families; (d) adopts a biometrics programme for temporary resident visas without adequate parliamentary scrutiny of the privacy risks; and (e) is not clearly consistent with the Canadian Charter of Rights and Freedoms.”.
June 4, 2012 Passed That Bill C-31, 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, as amended, be concurred in at report stage with further amendments.
June 4, 2012 Failed That Bill C-31, in Clause 27, be amended by replacing line 10 on page 15 with the following: “foreign national who was 18 years of age or”
June 4, 2012 Failed That Bill C-31, in Clause 27, be amended by replacing lines 1 to 6 on page 15 with the following: “58.1(1) The Immigration Division may, on request of a designated foreign national who was 18 years of age or older on the day of the arrival that is the subject of the designation in question, order their release from detention if it determines that exceptional circumstances exist that”
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 27.
June 4, 2012 Passed That Bill C-31, in Clause 26, be amended by replacing, in the French version, line 33 on page 14 with the following: “critère”
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 26.
June 4, 2012 Failed That Bill C-31, in Clause 23, be amended by adding after line 5 on page 13 the following: “(3.2) A permanent resident or foreign national who is taken into detention and who is the parent of a child who is in Canada but not in detention shall be released, subject to the supervision of the Immigration Division, if the child’s other parent is in detention or otherwise not able to provide care for the child in Canada.”
June 4, 2012 Failed That Bill C-31, in Clause 23, be amended by replacing line 28 on page 12 with the following: “foreign national is”
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 23.
June 4, 2012 Passed That Bill C-31, in Clause 79, be amended by replacing line 22 on page 37 with the following: “79. In sections 80 to 83.1, “the Act” means”
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 79.
June 4, 2012 Failed That Bill C-31, in Clause 78, be amended by adding after line 19 on page 37 the following: “(4) An agreement or arrangement entered into with a foreign government for the provision of services in relation to the collection, use and disclosure of biometric information under subsection (1) or (2) shall require that the collection, use and disclosure of the information comply with the requirements of the Privacy Act.”
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 78.
June 4, 2012 Failed That Bill C-31, in Clause 59, be amended by adding after line 15 on page 29 the following: “(3) The regulations referred to in subsection (1) must provide, in respect of all claims for refugee protection, that the documents and information respecting the basis of the claim do not have to be submitted by the claimant to the Refugee Protection Division earlier than 30 days after the day on which the claim was submitted. (4) The regulations referred to in subsection (1) must provide ( a) in respect of claims made by a national from a designated country of origin, that a hearing to determine the claim is not to take place until at least 60 days after the day on which the claim was submitted; and ( b) in respect of all other claims, that a hearing to determine the claim is not to take place until at least 90 days after the day on which the claim was submitted. (5) The regulations referred to in subsection (1) must provide, in respect of all claims for refugee protection, that an appeal from a decision of the Refugee Protection Division ( a) does not have to be filed with the Refugee Appeal Division earlier than 15 days after the date of the decision; and ( b) shall be perfected within 30 days after filing.”
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 59.
June 4, 2012 Failed That Bill C-31, in Clause 51, be amended by replacing lines 36 to 39 on page 25 with the following: “170.2 Except where there has been a breach of natural justice, the Refugee Protection Division does not have jurisdiction to reopen, on any ground, a claim for refugee protection,”
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 51.
June 4, 2012 Failed That Bill C-31, in Clause 36, be amended by replacing line 32 on page 17 to line 35 on page 18 with the following: “110. A person or the Minister may appeal, in accordance with the rules of the Board, on a question of law, of fact or of mixed law and fact, to the Refugee Appeal Division against ( a) a decision of the Refugee Protection Division allowing or rejecting the person’s claim for refugee protection; ( b) a decision of the Refugee Protection Division allowing or rejecting an application by the Minister for a determination that refugee protection has ceased; or ( c) a decision of the Refugee Protection Division allowing or rejecting an application by the Minister to vacate a decision to allow a claim for refugee protection.”
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 36.
June 4, 2012 Failed That Bill C-31, in Clause 6, be amended by replacing line 16 on page 3 with the following: “prescribed biometric information, which must be done in accordance with the Privacy Act.”
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 6.
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 1.
May 29, 2012 Passed That, in relation to Bill C-31, 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, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
April 23, 2012 Passed That the Bill be now read a second time and referred to the Standing Committee on Citizenship and Immigration.
April 23, 2012 Failed That the motion be amended by deleting all of the words after the word “That” and substituting the following: “this House decline to give second reading to Bill C-31, 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, because it: ( a) places an unacceptable level of arbitrary power in the hands of the Minister; (b) allows for the indiscriminate designation and subsequent imprisonment of bone fide refugees for up to one year without review; (c) places the status of thousands of refugees and permanent residents in jeopardy; (d) punishes bone fide refugees, including children, by imposing penalties based on mode of entry to Canada; (e) creates a two-tiered refugee system that denies many applicants access to an appeals mechanism; and (f) violates the Canadian Charter of Rights and Freedoms and two international conventions to which Canada is signatory.”.
March 12, 2012 Passed That, in relation to Bill C-31, 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, not more than four further sitting days after the day on which this Order is adopted shall be allotted to the consideration at second reading stage of the Bill; and that, 15 minutes before the expiry of the time provided for Government Orders on the fourth day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

June 7th, 2012 / 3:05 p.m.
See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, I am not quite as enthusiastic as the member for Saint-Laurent—Cartierville, but I will try.

This morning, my hon. friend, the member for Edmonton—Leduc and chair of the hard-working Standing Committee on Finance reported to this House that Bill C-38, the Jobs, Growth and Long-term Prosperity Act, has passed the committee and been recommended for adoption by the House.

I am pleased that the Standing Committee on Finance followed the lead of the House with respect to the longest debate on a budget bill in the past two decades. The committee gave this bill the longest consideration for a budget bill in at least two decades. That is in addition to the subcommittee spending additional time to consider the responsible resource development clauses.

This very important legislation, our budget implementation legislation, economic action plan 2012, will help to secure vital economic growth for Canada in the short, medium and long term. Given the fragile world economy that is around us, this bill is clearly needed, so we must move forward. Therefore, I plan to start report stage on the bill Monday at noon.

In the interim, we will consider second reading of Bill C-24 this afternoon. This bill would implement our free trade agreement with Panama, which I signed when I was international trade minister, some 755 days ago. It is now time to get that bill passed.

Tomorrow, we will consider third reading of Bill C-31, the protecting Canada's immigration system act, so the Senate will have an opportunity to review the bill before it must become law, within a few weeks' time.

Next week I plan to give priority to bills which have been reported back from committee. It goes without saying that we will debate Bill C-38, our budget implementation bill. I am given to understand that there is a lot of interest this time around in the process of report stage motion tabling, selection and grouping.

Additionally, we will finish third reading of Bill C-25, the pooled registered pension plans act, and Bill C-23, the Canada–Jordan economic growth and prosperity act.

The House will also finish third reading of Bill C-11, the copyright modernization act. The bill is a vital tool to unlock the potential of our creative and digital economy. It is time that elected parliamentarians should have their say on its passage once and for all. I would like to see that vote happen no later than Monday, June 18.

If we have time remaining, the House will also debate second reading of Bill C-24, the Panama free trade act, if more time is necessary, as well as for Bill C-7, the Senate reform act, and Bill C-15, the strengthening military justice in the defence of Canada act.

June 5th, 2012 / 10:25 p.m.
See context

NDP

Jinny Sims NDP Newton—North Delta, BC

Thank you, Mr. Chair.

I would like to say that it's a pleasure to be here, but really, when I look at the time, 10:25 of an evening, I'm sure we can all think of a million things we would rather be doing.

It's causing me a great deal of concern that here we are at this very late hour discussing something very fundamental and critical, and that is an immigration issue that, for some weird reason, is buried in a budget, a budget that is so large that it's hard to fathom everything in it.

What's of greater concern is that this issue has never been discussed by the immigration committee. It has not been before us. We did everything we could to sever it out of this report so that we could take it to that committee and have an informed discussion.

What we're talking about here, Mr. Chair, is not just numbers. We're not talking about the deletion of 300 people, not only them, but their families who waited very patiently in a lineup. We're actually talking about 300 families. I want you to imagine how many people this is impacting, and here we are at 10:25 at the end of a very long process, and I'm not sure how much justice we can give this.

These are the people who played by the rules we made. They didn't make the rules; we made the rules. I've often heard the minister saying—Jason Kenney, that is—there are so-called queue jumpers in our immigration system, but here we are punishing people who have been waiting in line and playing by the rules. That is just so un-Canadian.

This morning I had an e-mail from one of these applicants from Hong Kong, and he actually asked me what was happening to the compassionate Canada he had heard so much about. He actually applied to come to Canada rather than the United States, and now, after five years, he's being told, delete button, you're gone. He's thinking he could have applied five years earlier and been settled in the States and not been through the kind of pain he has been through.

It was brought home to me that here we have a black eye for Canada across the world, whether it's in Manilla, where there were demonstrations, whether it's in Hong Kong, whether it's in India, or whether it's in China. What these people are saying and what people in my riding and across Canada are saying is this is not the right way to go. This is just not fair.

By the way, Mr. Chair, there was a study done on the backlog point by the committee a few years ago, but let me assure you that not one person or one recommendation included hitting the delete button. As a matter of fact, the report is very, very clear. They put forward an array of ideas for eliminating the backlog, and there are three main options they did put forward, but not one of them was hitting the delete button. As a matter of fact, the report states that most witnesses recognized the government's legal obligation to process all applications.

Here we are in a budget discussion that is going to impact the lives of 300 families who waited patiently in a queue we put them in, and they were just waiting their turn to come to Canada. We're changing the rules on them.

I have to tell you that I've heard stories of families who make plans once they get in the queue, and they know they're going to come to Canada. I heard of a family who sold some of their assets in order to take English classes and put their son through a school in China because they felt he would be able to come here and assimilate a lot easier. There is a family in the Punjab who sold their land, and because of the cost of living they can't possibly buy back that land because it is now out of their reach.

I look at all of this, and I'm wondering what has happened to our sense of fairness. Even the committee that studied this issue earlier said that even when it came to ministerial instructions that are intended to alleviate the backlog, the perception of fairness prevails. The study actually goes on to say that terminating the applications of people who have been patiently waiting in the queue is a decision that cannot be made. That previous study accepted that this was not the way they could go, and here we are.

As a matter of fact, in that report the committee lauded the work done by the department to reduce the backlog to date, saying that the pre-February 2008 backlog for federal skilled worker applications had been reduced by half, two years ahead of schedule. That's on page 13, in case any of you are desperate for midnight reading tonight. It went on to say that the action plan for faster immigration marked a turning point in immigration application backlogs and progress toward backlog reduction. That's on page 23. Then why would the minister make such an unfair cut under these circumstances?

You look at what was in that report and the kinds of accolades that were given for the reduction, and then here we have a cleaver being taken and a very arbitrary date, 2008. Some of the other professionals and skilled workers who are waiting to come to Canada are saying things like “This year, it's 2008. We applied in 2010. Who's to say that a year down the road it won't be that anybody who applied before 2011 is gone?”

What are we doing to the pool of people we hope to attract to Canada in the future? What kind of an image of Canada are we projecting out there, that we would treat people in such a poor way?

We're a nation that is built by immigration. I'm a first-generation immigrant myself. I chose Canada to be my home. I applied for a teaching job. I came here. I thought it was going to be for a year or two, and I'm still here.

I love this country, but with the kinds of changes I'm seeing happening and the way we're starting to treat newcomers or potential newcomers with so little regard and so much disrespect, really, I would say we'll have many skilled workers out there wondering if Canada is really a place of fairness, of compassion, a place that is inclusive, where they want to come to raise their children, where they want to be part of nation-building.

I know it's very easy for those of us who live in Canada now. We think, “Well, they're not here yet. They're not Canadians. They have no rights.” Canada has never had that kind of an approach towards our international relationships or the way we treat people in other countries. Recently, with Bill C-31, and now with this buried in a budget and left to debate at the very last minute so we can spend very little time on it and really not do a proper analysis of impact, here we are at this late hour, thinking—or not thinking—about the impact we are going to have on families.

There's another case I want to share with you here. There's a family in China, where they have, as we all know, a one-child policy. Upon hearing that they were on the wait list and that they were going to get to come to Canada soon, this family actually sold their apartment. It wasn't a house, but it was their home. They sent their child over here to study because they thought that would really help in the assimilation and would help in the transition. Both the parents, professionals, have been taking English classes and learning as much about Canada as they can. I'm sure they know far more about Canada right now, from what they write, than I did the day I arrived.

For these people, it's not just that we're deleting their application. We're actually deleting their dreams and hopes and aspirations of a home in Canada. I want all of us to imagine what it would feel like if you were in those shoes, if that happened to you. How would you feel? What sense of betrayal would you feel?

As I look at this, I keep hearing about bogus this, bogus that, queue jumpers. In the last week or two the House and my committee have been filled with rhetoric about queue jumpers.

I keep thinking that here are people—normal folk—in other countries who wanted to come to Canada, as I did. They wanted to come here to make this their home. We looked at their applications and said, “Great. Well done. We're going to put you in the queue. We're only letting in so many a year.”

First of all, we didn't have to have that backlog; there was a way we could have been addressing it in a more aggressive manner. But then, out of the blue, we say to them, “You know what? We've changed our mind. If you applied before 2008, you're gone. We'll give you your money back.”

We can send them back a cheque for the processing fees, but how do we give them a cheque for their hopes and dreams? How do we do that? How do we address the absolute feeling of betrayal they're feeling right now from Canadians—all Canadians?

I know the opposition has been very vehemently opposed to these steps, and we will continue to oppose them. At the same time, as I sit here, I'm thinking of the conversation those families must be having and the kind of burden we have placed on their shoulders.

I sometimes wonder how some people—not on this side of the House, but definitely across the way—will be able to sleep at night, knowing they are absolutely impacting the hopes and aspirations of people to whom we gave hope. We gave them those aspirations. We took in their applications, and we had them wait.

It should also be noted that the backlog has actually grown, and I would say deliberately grown, since the Conservatives came to office in 2006. If there were a real intention to address that backlog, those ways would have been found. They were suggested by the committee. Instead, that backlog was allowed to grow, so now, in a piece of legislation that is buried in a 400-plus-page budget.... I don't see what the budget has to do with immigration in this case.

Anyway, here we are. It's buried in the budget, and we're going to hit the delete button. That is going to impact over 300,000 families, not individuals. I just want you to think about the impact that is going to have, not only on that immediate family, but on all the extended families. Many of those people have relatives over here, and they don't like the way Canada is going.

Thank you.

The House resumed from June 1 consideration of Bill C-31, 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, as reported (with amendment) from the committee, and of the motions in Group No. 1.

ImmigrationOral Questions

June 4th, 2012 / 2:50 p.m.
See context

Calgary Southeast Alberta

Conservative

Jason Kenney ConservativeMinister of Citizenship

Mr. Speaker, the use of detention in immigration matters is a perfectly ordinary tool in all immigration and refugee asylum systems in the developed world, in all liberal democracies. We have created measures in Bill C-31 to ensure that Canada respects its obligations to protect refugees—meaning real victims of persecution. We want to stop those who are not real refugees from abusing our generosity.

Ours is a very balanced approach that thoroughly respects our legal and moral obligations toward refugees.

ImmigrationOral Questions

June 4th, 2012 / 2:50 p.m.
See context

NDP

Sadia Groguhé NDP Saint-Lambert, QC

Mr. Speaker, last Friday the United Nations committee against torture expressed serious concern with several clauses of the Conservatives' Bill C-31.

The UN committee recommended that refugees only be detained as a last resort and that all refugees be entitled to a fair and equitable appeal process.

Will the Conservatives take these concerns into account and revise this ill-conceived bill, at last?

Protecting Canada's Immigration System ActGovernment Orders

June 1st, 2012 / 1:10 p.m.
See context

Charleswood—St. James—Assiniboia Manitoba

Conservative

Steven Fletcher ConservativeMinister of State (Transport)

Mr. Speaker, I am pleased to speak today in support of Bill C-31, the protecting Canada's immigration system act.

Canada enjoys a global reputation as a nation that champions democracy, equality and freedom of speech. I believe strongly in the benefits and opportunities that come from a diverse society.

The fact is that most Canadians have a chapter in their family history that includes immigration and resettlement. It is what helps define Canada. There are countless individuals and families around the world who want to add the same chapter to their family history by coming to Canada. This is a source of pride for our government and for all Canadians.

Unfortunately the reality is that there are individuals and criminal organizations that see our generosity as an easy target to make a high profit with low risk. These criminal elements use Canada's great reputation to spin false and malicious stories of how refugees can bypass the proper channels by paying a set fee.

Until recently most Canadians believed that large-scale human smuggling was something that did not happen here, that it was something that they just read about, that it happened in countries like Australia.

All that changed in 2009 when Canadians witnessed the arrival on the west coast of the MV Ocean Lady, carrying 76 migrants, and then less than a year later 500 migrants arrived on the second vessel the MV Sun Sea. Shortly after that a sea container was uncovered at the port of Montreal, concealing yet more individuals who wanted to enter Canada illegally.

Suddenly Canadians' eyes were wide open. Suddenly they realized this was a problem. Canadians reacted. They told us they wanted our government to act decisively to crack down on those who would endanger the lives of men, women and children by selling them false dreams and transporting them in unsafe vessels or shipping crates.

I realize my time is short, but members on this side of the House have done extraordinary work in this area. The member for Kildonan—St. Paul has her human trafficking private member's bill. The Minister of Immigration is probably the best immigration minister that Canada has ever had.

The Minister of Immigration has a very strong understanding of the bill. He has consulted extensively. He knows what is right for Canada and he knows what is right and fair for everyone involved in immigration or as a refugee.

Our bill would put a stop to foreign criminals, human smugglers and bogus refugees abusing our generous immigration system and receiving lucrative tax-funded health and social benefits. At the same time, the bill would protect those who would be truly in need more quickly.

Those who are truly in need is a very important aspect. Why should those who are in need be penalized by those who abuse the system, the criminals or the people who are not genuine refugees? There is a system, but the old system is broken. The new system, under the greatest Minister of Immigration ever, will be a better and fairer system and, most important, the best system for Canada.

Protecting Canada's Immigration System ActGovernment Orders

June 1st, 2012 / 12:50 p.m.
See context

NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, I kind of wish I did not have to speak to Bill C-31 at report stage because it is a bill that we in the NDP very much oppose. We are very concerned about its passage through report stage and on to third reading.

Our colleague, the member for Newton—North Delta, has worked so hard in committee. She tried valiantly to make amendments to the bill at committee to improve it.

I will begin my remarks by reflecting on the history of the bill. It has an interesting history. There was an original bill which was amended to become Bill C-11, as a result of the Conservative government being in a minority Parliament. It was interesting that at that time there was some co-operation and collaboration to actually remove some of the worst aspects of the bill and to move forward with a bill that was more acceptable to members of Parliament. Of course, now there is a majority Conservative government and it is very disturbing to see that what the Conservatives did was rather than continue with former Bill C-11, they came back with a bill that is quite horrifying in terms of what it will do.

What I find disturbing is that when we hear the speeches from the government members, on the one hand they say that the bill is all about fairness and balance and that we are going to be treating refugees in a proper way and respecting international conventions and Canada's history around refugees. Then on the other hand, everything that comes out of the Conservatives' mouths is basically about abuse of the system.

It is the same kind of mantra we hear so much on the government's legislation around law and order, the Criminal Code and criminal justice. It is always about focusing on what the Conservatives see as abuse and changing laws in massive widespread ways that have an impact on society as a whole. It is a very disturbing pattern that we have seen with the government. It is a tactic the Conservatives use to divide people.

There are fears about people coming to Canada. People have many fears, but when we see a government deliberately playing on those fears and exploiting people's concerns, whether it is about immigration, refugees, or whatever it might be, it feels really bad. It feels like this is absolutely what we should not be doing. Our laws should be based on overall merit, objectivity and the public interest, rather than singling out abuse. We have seen that many times in the political environment. An example would be the attacks on people who are poor, who live on welfare. We call it poor-bashing, where laws are designed to basically scapegoat people on welfare when the rate of abuse is no more than for people in the financial sector who are involved in abuse. It becomes very much a class issue, a term which we do not use very often in the House. It becomes a way of singling people out, of targeting particular segments of our community by saying there are good people and bad people, there are criminals and there are victims, making that very simplistic division.

I wanted to begin that way because we see it so often in much of the legislation that is coming forward. Unfortunately, Bill C-31 is no different. It is a bill, like many other bills from the Conservative government, that confers greater power and authority on the minister.

I am the health critic for the NDP. We have seen recent changes in the health field around the Food and Drugs Act that will do the same thing for the Minister of Health. It will confer much greater power in terms of decision-making away from expert advice, away from a broader notion of public interest. It becomes much more of a partisan, and I would say ideological, decision-making process. Bill C-31 which deals with our refugee system is no different and in fact is probably worse.

There are many reasons to oppose the bill. One is that it concentrates more power in the minister's hands. For example, he would designate what are safe countries without any advice from independent experts.

Another major concern is it will restrict access to the humanitarian and compassionate consideration grounds for a refugee. This will be very problematic. It means that people will have to claim, at the beginning of the process, whether they will file for refugee status or humanitarian and compassionate grounds consideration. This will be a huge issue because people may not know at that point which avenue they will need to pursue. As it is now, people can go through the process and they can also file on humanitarian and compassionate grounds and know it is a due process on which they can rely.

The big concern is the arbitrary designation of so-called irregular arrivals and all that means, This raises huge alarm bells. I remember reading over the years what had occurred in places like Australia where it had mandatory detention and the kind of xenophobia and violent public discourse that took place as a result of that kind of government practice and legislation. Many of us feel this is something Canada now seems to be embarking upon. It is absolutely the wrong way to go.

I feel very concerned because when we have the minister making decisions without expert advice, those decisions can become very political and partisan. Yes, we are in politics, we all make political decisions, but when we deal with something as fundamental as a refugee process that is governed under international, UN and Geneva conventions, how we approach that is critical. Therefore, having the minister saying what is a safe country or saying that, for example, the European Union is not a safe country misses the complexity of our global environment.

I recently saw a film called Never Come Back, which is about the Roma in Canada. The film begins by speaking about Roma people who have settled in, particularly in the communities of Hamilton and Toronto. At the beginning, we think these are great contributors to the local society. There were people working in schools and long-term care facilities as cleaners and in pizza places and they had a soccer team. We wonder whether these people have been persecuted or are they refugees. Then the film takes us back to their home communities and we see the unbelievable persecution that the Roma had experienced, which was horrifying. It is something that is going on as neo-Nazism, xenophobia and violence against targeted minorities grow.

It is very alarming that the simplistic approach of the bill and the fact that it would give the minister so much power would possibly mean that many people who would be refugees legitimately fleeing persecution, hard-working Canadians who will make an enormous contribution to our society when they come here, would be cast aside for political reasons. We have been told that the bill is about getting at abuse. There is this heavy-handed approach at basically eliminating the possibility of many legitimate people from also coming through.

That is only a bit of what I wanted to say. However, it is another sad day that this legislation will go through. The bill has been resoundingly criticized by every major organization that deals with this issue. Even new groups, like the Canadian Doctors for Refugees in Canada, are so concerned about regulatory changes involving refugees and their health coverage. Because of that, they formed a new group and 50 of them visited the offices of elected members. We have not seen this before. I think it is because this kind of legislation will impact so many levels of our society that people who have not spoken out before are now saying they have to speak out.

We hope that possibly some of our amendments on report stage will be approved. I am skeptical about this, but nevertheless we will continue to speak out against this kind of legislation.

Protecting Canada's Immigration System ActGovernment Orders

June 1st, 2012 / 12:35 p.m.
See context

Newmarket—Aurora Ontario

Conservative

Lois Brown ConservativeParliamentary Secretary to the Minister of International Cooperation

Mr. Speaker, I am pleased to have the opportunity to add my voice today to the debate on this important piece of legislation.

As we know, Bill C-31, the protecting Canada's immigration system act, would help us carry out long-needed reforms to the refugee system and help crack down on human smugglers who may try to abuse Canada's generous immigration system. However, I would like to focus my remarks today on another important component of Bill C-31: the measures in this legislation that would allow the introduction of biometric technology for the screening of temporary resident applicants.

Currently, when individuals make immigration applications, in most cases, they only need to initially provide written documents to support their applications. Quite frankly, a modern immigration system can do a better job of ensuring safety and security. Indeed, biometrics, photographs and fingerprints to be more specific, provide greater certainty in identifying travellers than documents, which, as we all know, can easily be forged or stolen.

Our government is facilitating the travel of legitimate travellers to Canada. However, it is no secret that there are countless numbers of people each year who are not allowed to come to Canada who, nevertheless, find ways to enter. There are countless examples on an almost daily basis of violent criminals, terrorists, human smugglers and war criminals among others, who have entered Canada using false documents.

In fact, there are several examples of criminals entering Canada on multiple occasions after being deported. There are even examples of criminals re-entering Canada using false identities and documents up to 15, 19, 21 different times. This has to stop, and biometrics will help our government end this fraud and abuse. Biometrics will help our government protect the safety and the security of Canadians.

Biometrics is one of the most effective ways to correctly identify individuals. Biometrics would be an important new tool to help protect the safety and security of Canadians by reducing identity fraud and identity theft. As fraudsters become more sophisticated, biometrics would improve our ability to keep violent criminals and those who pose a threat out of Canada.

The legislation being debated today, and regulations that would follow, would allow the government to make it mandatory for travellers, students and workers from certain visa-required countries and territories to have their photographs and fingerprints taken as part of their temporary resident visa, study permit and work permit applications. This would mean that photos and fingerprints would be collected as part of a standard visa application process before the applicant arrives in Canada. This would help with processing visa applications and later, with confirming the identity of visa holders when they arrive at our borders.

The use of biometrics as an identity management tool in our immigration and border control systems is a welcome development that is a long time in the making.

It would also bring Canada in line with what is quickly becoming the international norm in this area.

As my hon. colleagues may know, many governments around the world have already introduced biometric collection in their immigration and border programs. They include the United Kingdom, Australia, the United States, New Zealand, Japan, countries of the European Union, South Korea, the United Arab Emirates, Indonesia and Malaysia.

Although the use of biometrics for visa applications would be a new development for Canada, the fact that so many other countries have already adopted biometrics has an added benefit. Many visa applicants to Canada would already be familiar with the process. This would make for a smoother transition to this system.

By providing a fast and reliable tool to help confirm identity, biometrics would strengthen the integrity of Canada's immigration system and help protect the safety and security of Canadians while helping facilitate legitimate travel. This would greatly help our front-line visa and border officers to manage high volumes of immigration applications and the growing sophistication in identity fraud.

At the same time, the use of biometrics would be beneficial to applicants themselves because, in the long run, as I noted, the use of biometrics would actually facilitate entry to Canada by providing a reliable tool to readily confirm the identity of applicants.

For instance, in cases where the authenticity of documents is uncertain or in doubt, biometrics could expedite decision-making at Canadian ports of entry. Using biometrics could also protect visa applicants by making it more difficult for others to forge, steal or use the applicants' identity to gain access into Canada.

The legislation and regulations would also allow for biometric data collected from foreign nationals to be used and disclosed by the RCMP for domestic law enforcement. For instance, in a criminal investigation, if there is a match to a temporary resident's fingerprints, the RCMP would be authorized to disclose that information to another law enforcement agency. This may help, for example, in cases where unidentified fingerprints are found at a crime scene, or where assistance is needed in identifying victims.

This is yet another tool to help enforce Canadian laws and to ensure that Canada's doors are not open to those who would break the law or endanger the safety of our citizens. Let me stress, however, that the use of biometric information for law enforcement purposes would be conducted in accordance with Canada's privacy legislation.

Allow me to quote from a recent editorial on Bill C-31 which appeared in the Montreal Gazette. It noted:

The collection of biometric information is a sensible security precaution that will be a valuable tool in preventing people from slipping into the country with false identities.

It would be hard to disagree with this take on biometrics. After all, the many benefits of introducing biometric technology for screening visa applicants make it a welcome and, as the Minister of Citizenship, Immigration and Multiculturalism has described it, a “historic” development for our immigration system.

Furthermore, the use of biometrics is increasingly becoming the standard by which other countries operate. By passing Bill C-31, the protecting Canada's immigration system act, we would be ensuring that Canada keeps up with the many countries already using biometrics in their immigration and border programs.

The implementation of biometrics makes so much common sense, I cannot for the life of me understand how the opposition NDP and Liberals could vote against these provisions.

Canadians, including my constituents in Newmarket—Aurora, do not want criminals to be able to enter Canada, live in their neighbourhoods and roam their streets. I am quite certain neither do the constituents of any of the NDP and Liberal MPs in this House.

The NDP and Liberals are trying to gut biometric provisions. They are voting against one of the most important measures to prevent criminals and terrorists from entering our country. They are voting against a tool that will help protect the safety and security of all Canadians, including their constituents.

It is only our Conservative government that is supporting measures that will help prevent any more innocent Canadians from being victimized by foreign criminals who should not be in Canada in the first place.

Biometrics would protect the integrity of Canada's immigration system. It is an important new tool to help protect the safety and security of Canadians by reducing identity fraud and identity theft. As fraudsters become more sophisticated, biometrics would improve our ability to keep violent criminals and those who pose a threat to Canada out.

For these reasons and many others, I wholeheartedly and without reservation urge all members to vote against the irresponsible NDP and Liberal amendments that would stop the government from implementing biometrics, and instead support Bill C-31 and ensure its speedy passage.

Protecting Canada's Immigration System ActGovernment Orders

June 1st, 2012 / 12:30 p.m.
See context

Calgary Southeast Alberta

Conservative

Jason Kenney ConservativeMinister of Citizenship

Mr. Speaker, unfortunately, it is obvious that the hon. NDP member is very ill-informed about Bill C-31.

For example, he said that the bill will result in the incarceration of minors and children, which is not true. The bill includes a clear provision that exempts minors who are designated as irregular arrivals—smuggled human cargo—from detention.

I must point out that there is a huge difference between the incarceration that he spoke about and the detention of immigrants. Incarceration suggests imprisonment. However, no immigrant is imprisoned in immigration detention centres. All immigrants are free to leave Canada at any time. It is not imprisonment.

Living conditions at detention centres are like those at a two star hotel with a bit of security. What we have heard is nothing but rhetoric.

In addition, he said that the government had not accepted any amendments, which is not true. For example, the committee adopted a provision that will allow a review of the detention by the IRB after 14 days of detention, and after six months of detention in the case of immigrants who were smuggled into the country. Is he not aware of these amendments?

Protecting Canada's Immigration System ActGovernment Orders

June 1st, 2012 / 12:20 p.m.
See context

NDP

Alain Giguère NDP Marc-Aurèle-Fortin, QC

Mr. Speaker, they always say that the government does not want to incarcerate children. Unfortunately for my colleague who just spoke before me, UNICEF does not share that opinion. UNICEF has made recommendations urging the Canadian government not to incarcerate children and those recommendations have been ignored by the government. That is the problem. All the witnesses who appeared before the committee, including the government's witnesses, indicated that this was not a good bill, and that they have some reservations about it.

I will share some of the most striking testimony. The Barreau du Québec said:

Accordingly, the Barreau recommends withdrawing Bill C-31 and promoting and improving the application of the Balanced Refugee Reform Act with regard to the [problems raised].

The Barreau du Québec is calling on the government to withdraw this bill. It believes that the bill is ultra vires. Echoing the Barreau du Québec is the Canadian Bar Association, which recommends that Bill C-31 in its current form be withdrawn—not amended, but withdrawn. They say this is not a good bill. That is serious.

The Supreme Court of Canada issued two important rulings in Singh and Charkaoui. In those rulings, the court indicated that, no matter what the government wants, when it incarcerates someone, it must provide that individual with access to justice and ask a judge to rule on the legality of his or her incarceration. That is fundamental.

The Conservatives are not adhering to that; they are dismissing it. They are giving the minister discretionary powers—very significant powers, too much power.

This has been reiterated by UNICEF, an organization that cannot be accused of being made up of crypto-communists or pro-terrorist militants. UNICEF has stated:

...we are concerned that many of the provisions of Bill C-31, as currently framed, are overly broad; provide for sweeping ministerial discretion without judicial accountability or other checks and balances in the system; are unconstitutional under the Canadian Charter of Rights and Freedoms; and violate Canada's international obligations, as stated in the United Nations Convention on the Rights of the Child.

Those comments were made by UNICEF, the organization responsible for defending children's rights around the globe. It issued a series of recommendations aimed at excluding children under the age of 18 from the application of this legislation. I would remind the House that, at present, despite what the government member who spoke before me said, under this bill, children can be incarcerated. Anyone between 16 and 18 can be sent to prison.

Furthermore, we need to understand that these are people who arrive with families. Are parents who are incarcerated going to stand for their three- or four-year-old child being sent who knows where? These people have no guarantee that any children who do not go with them to a detention centre will be treated properly elsewhere. There will be language barriers, cultural differences, and so on.

This means that, at present, children can be and will continue to be incarcerated. UNICEF condemns this. It is calling on the government to guarantee that no one under the age of 18 will be sent to an immigration detention centre. It is pretty simple, yet this government does not seem to understand.

So they really must not have listened to the testimony that was given. Everyone said it: these detention centres do not respect this at all.

People who claim to support the safety of children—and I would like to believe that the members opposite do too—say that children can find themselves in these detention centres with their parents but also with criminals that Canada rightly deports.

So, for a certain period of time, children are being detained with common criminals. They are being detained with people who engage in anti-social behaviour and who have to be deported from Canada. These are not just illegal refugees, but serious criminals. They are being deported because of their anti-social behaviour and they are being given the opportunity to interact with children. That is unacceptable. Many people testified in this regard. Everyone agreed on this point. No one who testified disagreed with this position. Yet the government did not approve this resolution.

There is also the matter of the child's age. Sometimes, when children are between the ages of 16 and 18, it is difficult to determine their exact age. UNICEF proposed a procedure that is in place in every other country. Canada has not implemented it yet.

People asked that the International Convention on the Rights of the Child, Canada's obligations with respect to the status of children, the UN Guidelines for the Alternative Care of Children and the Canadian Charter of Rights and Freedoms be respected. They made a series of recommendations, which were all presented. Not one of them was approved by the government. Not one. None of the recommendations to protect children and the rights of all Canadians—because they are also our rights—were approved.

Detaining someone without giving him the opportunity to explain his situation before a judge does not just violate the rights of refugees, it also violates the rights of all Canadians. When the Charter of Rights and Freedoms is not applied to one Canadian, it is not applied to every Canadian.

It is striking that all of the witnesses said that this is not a good bill. Yet there is a law that could come into effect in June. It is a good law that was unanimously supported by the House and by witnesses. It respects the Charter of Rights and Freedoms and our international obligations, and it enhances our global reputation. But no. The Conservatives are replacing it with—and I am sorry to have to say it—a bill that is complete garbage.

This legislation gives a minister powers that should never be given to a single man. These include discretionary powers to determine what constitutes a safe country, an irregular arrival and the definition of a child.

Mr. Speaker, thank you for letting me know that I have just two minutes left.

The experts have spoken. They have said that this is at odds with the charter. It is not hard to understand. Two Supreme Court rulings have made it clear that the government does not have the right to do this, yet it is going ahead. It is truly a tragedy that we are wasting our time on legislation that, as soon as it is enacted, will be dragged into court on the basis of the charter and the case law. The Supreme Court justices have already ruled on these issues, and they have said no.

Constantly ignoring good advice suggests some level of ill will. According to the experts, we have a law that protects us.

There is already a law that prevents criminal and terrorist elements from entering Canada. All of those who are unacceptable or bad for Canadian society already get weeded out. They do not get into Canada. That bears repeating. The government likes to scare people into thinking that bad guys are coming to Canada to kill and rape. The Conservatives like using those words, but their assertions have no basis in reality.

The truth is that, when irregular arrivals by boat land in British Columbia, government officials sort through them to identify common criminals and war criminals. Those people do not get into Canada.

Protecting Canada's Immigration System ActGovernment Orders

June 1st, 2012 / 10:50 a.m.
See context

Conservative

Scott Armstrong Conservative Cumberland—Colchester—Musquodoboit Valley, NS

Mr. Speaker, it is my pleasure to speak today on Bill C-31, the protecting Canada's immigration system act, and to voice my strong opposition to the irresponsible NDP and Liberal amendments that will gut this necessary and important piece of legislation, which will improve the country's immigration system in a number of important ways.

Immigration is central to our country's history, to our prosperity, to our international reputation for generosity and humanitarianism and our great success as a nation. That is why I am pleased to speak today in support of a bill that is designed to ensure that our country has a strong, effective and efficient immigration system.

Bill C-31, the protecting Canada's immigration system act, aims to strengthen Canada's immigration system in three very specific ways.

First, it would further build on the long-needed reforms to the asylum system that were passed in Parliament in June 2010 as part of the Balanced Refugee Reform Act.

Second, it would allow Canadian authorities to better crack down on the lucrative business of human smuggling by integrating measures that the government previously introduced in the Preventing Human Smugglers from Abusing Canada's Immigration System Act.

Third, it would enable the introduction of biometric technology for screening visa applicants which would strengthen our immigration program in a number of important ways.

All these measures are important for many reasons and I would like to spell out how and why.

On refugee reform, Canada has the fairest and most generous asylum system in the world. In fact, we resettle more refugees than almost any country on the planet, and we are increasing that number by 20%, a record of which all Canadians can be proud. However, it is not a secret that our system is open to abuse. The facts paint a clear picture.

Last year asylum claims for democratic and rights respecting European Union countries made up a quarter of all claims in Canada. Shockingly, that is more than the claims we received from Africa and Asia. What is more, virtually all these asylum claims from the EU were either abandoned or withdrawn by the claimants or rejected by the independent IRB.

In other words, these people were not in need of Canada's protection when they applied to come to Canada as refugees, but they came anyway. They came to soak up our generous benefits and to try to jump the queue because they did not want to wait in line and follow the rules like everyone else. While here, these bogus claimants have access to our generous taxpayer-funded health care system and our welfare benefits. Indeed, the average bogus asylum seeker costs the taxpayers $55,000 each.

The opposition can argue against this bill, but they cannot argue with those facts.

The measures in Bill C-31, the protecting Canada's immigration system act, would accelerate the processing of refugee claims, especially for nationals from designated countries that generally would not produce refugees. They would also reduce the options available to failed claimants to delay their removal from Canada.

In short, these measures will help to prevent abuse of the system and will ensure that all our refugees determination processes are streamlined as much as possible. This will be accomplished without affecting the fairness of the system and without compromising any of Canada's international or domestic obligations with respect to refugees. Most important, by growing the refugee system in these ways, the legislation would also ensure that the refugee claimants who really needed our protection would get it even faster. For those who deserve to come to Canada, for those who are truly refugees, the system will become fairer and it will become faster.

As well with this new legislation, taxpayers are expected to save $1.65 billion over the next five years. This is money that can go to health care, to education, to roads, to all the other things that we hold dear in our country.

As I mentioned at the top of my remarks, the second piece of the protecting Canada's immigration system act incorporates measures that address human smuggling.

Several months ago in the House the Minister of Public Safety introduced Bill C-4, preventing human smugglers from abusing Canada's immigration system act.

As my hon. colleagues are well aware, we debated that bill extensively throughout the fall sitting of Parliament. The anti-human smuggling measures contained the bill would help maintain the integrity of our generous immigration system, while curtailing the abuse of that system by human smugglers whose activities would undermine the security and safety of Canadians.

Cracking down on human smugglers is an important element of protecting the integrity of our immigration system. After listening to expert witnesses, Canadians and parliamentarians, the government has proposed amendments to the detention portion of that bill.

The amendments would allow for a first detention review within 14 days and subsequent reviews every 180 days. As before, a person would be released before this time upon being found to be a genuine refugee. As an additional safeguard, the government will also propose an amendment which allow the Minister of Public Safety, on his own initiative and at any time, to release a detained individual when grounds for that detention no longer exist. We are putting great protections in the system for true refugees.

Detaining individuals until their identity has been established is what any responsible government would and should do. The human smuggling groups include architects of these criminal operations, war criminals and serious criminals. These are not just perceived threats; these are real threats, threats to Canadians, threats to our seniors, threats to our children.

For example, on the Sun Sea, to date, four people have been found inadmissible to Canada for security reasons. One has been found inadmissible because of being guilty of war crimes.

In the Ocean Lady, to date, 19 people have been found inadmissible to Canada for security reasons, while 17 have been found inadmissible due to war crimes.

These are significant numbers. Unlike the NDP and the Liberals, our government wants to keep these people off the streets and out of our country. By opposing these provisions, the NDP and the Liberals are saying to their constituents that they want these inadmissible people, war criminals, these security threats, to be let into our communities where they will go underground immediately and be difficult to track and left to threatened the safety and security of all Canadians, our seniors, our children, our single moms. These people are true threats and it is our responsibility as parliamentarians to ensure they do not have access to Canada.

The first component of Bill C-31, protecting Canada's immigration system act, would create a legislative framework for the long-planned implementation of biometric technology as an identity management tool in our immigration and border control systems.

This component of the legislation and its corresponding regulations that would follow would allow the government to make it mandatory for certain visa applicants to Canada to have their photographs and fingerprints taken as part of their temporary resident visa applications. Because biometric data is more reliable and less prone to forgery or theft than other documents, these measures would strengthen immigration screening and enhance our security and help reduce fraud.

Biometrics form an effective tool to manage high volumes of applications and growing sophistication in identity fraud measures. Using biometrics will help prevent known criminals, failed refugee claimants and previous deportees from using false identities to obtain a Canadian visa. It will help prevent innocent Canadians from being victimized by foreign criminals who should not be in the country in the first place.

Implementing biometrics will bring Canada in line with a growing list of countries that already use biometrics in their immigration and border control programs.

I stand in strong support of Bill C-31, and congratulate the minister and the parliamentary secretary for bringing in needed amendments. I will support the bill and I ask the opposition parties to do the same.

Protecting Canada's Immigration System ActGovernment Orders

June 1st, 2012 / 10:20 a.m.
See context

NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Mr. Speaker, I rise to speak to Bill C-31 but before I get into my speaking points, I did not have an opportunity to reply to the parliamentary secretary for natural resources but I want to put on record the very clear NDP position on this.

First, I want to acknowledge the good work done by the member for Newton—North Delta and the member for Vancouver Kingsway. The member for Newton—North Delta indicated that witness after witness at the committee meetings studying Bill C-31 told us that the legislation was fundamentally flawed, unconstitutional and that it concentrated too much power in the hands of the Minister of Citizenship and Immigration.

Bill C-31 would effectively punish legitimate refugees and do nothing to stop human smuggling because none of the NDP substantive amendments were adopted by the government members at committee and because MPs from all parties just passed the balanced refugee reform package in the last Parliament. The member for Newton—North Delta recommended that all clauses be deleted from this legislation. I think that is a fairly clear position from the NDP.

I also must correct the record around the member for Vancouver Kingsway. I know all members of the House at various times selectively quote from speeches and press releases, but I want to indicate that the member for Vancouver Kingsway actually said that Bill C-31 was a bill that was “...unconstitutional, violates international conventions, punishes refugees and harms Canada's long reputation as a responsible recipient of those needing protection”. That is from the website of the Canadian Council for Refugees. I think that is fairly unequivocal about the NDP position on Bill C-31.

As responsible parliamentarians, the New Democrats studied the bill very carefully. I would remind people that it is another omnibus bill, which seems to be a pattern that we are seeing from the Conservatives.They are not allowing parliamentarians to divide bills up and have thorough and considered study of each section of the bill to ensure we are not having unintended consequences and that the impact is exactly what the bill was intended to do. We have seen other examples in the House where we have had to go back and correct after the fact when we have made errors in bills that have been passed.

Bill C-31 would repeal most of the compromises from the former Bill C-11, the Balanced Refugee Reform Act, which was from the 40th Parliament. It received all party support. Again, members from the New Democrats worked very hard with other parties to ensure that it was a more balanced approach. Bill C-31 re-introduces Bill C-4, human smuggling, which targets refugees instead of the smugglers, and it introduces the collection of biometrics for temporary residents.

I do not have enough time in 10 minutes to go through all aspects of the bill but I will touch on a couple of points. The bill would concentrate more powers in the hands of the minister by allowing him or her to name safe countries and to restrict refugees from these countries. Under the former Bill C-11, this was to be done by a panel of experts, including human rights experts. It would restrict access to humanitarian and compassionate consideration. It includes a clause that would prohibit refugee claimants who have been incarcerated in their home country for over 10 years and would not allow for tribunal discretion in the case of political prisoners. One that has been pointed out in this context is Nelson Mandela who was convicted and sentenced for sabotage in the apartheid era of South Africa. Although the New Democrats agree that Canada should not accept those with a criminal background, many refugees are actually fleeing political persecution and some consideration must be given to those refugees.

The bill would allow arbitrary designation of irregular arrivals and their mandatory incarceration.

Bill C-31 re-introduces most of the provisions of Bill C-4, which were widely condemned by refugee advocates and are likely unconstitutional. It would change the Balanced Refugee Reform Act 2010 without even implementing the law as it is. That act was passed by the minority Parliament after a series of compromises led by the NDP and was set to come into effect in June 2012.

I want to emphasize a couple of key points. The bill would punish refugees and would not address the problem of human smuggling. We just passed the Balanced Refugee Reform Act last year and the Conservatives are going back on that compromise that they spoke in favour of mere months ago. The minister wants to concentrate more arbitrary power in the minister's hands to treat refugees differently depending on how they come to Canada.

There were some amendments that were considered. This was not only through the NDP but also by refugees and stakeholder groups. A couple of these amendments were to allow for initial detention review at 14 days initially and subsequently at six months, and to clarify that the government would not have the power to revoke the permanent residency of successful refugee claimants if conditions should change in their countries of origin unless it was found that they obtained their status through fraudulent means.

However, it is important to note that these amendments did not deal with a number of very serious situations: provisions that would give the minister the power to hand-pick which countries he or she thinks are safe without the advice from any independent experts; measures to deny some refugees access to the new refugee appeal division based on how they arrived; and a five-year mandatory wait for bona fide refugees to become permanent residents and reunite with their families, again based on how they arrive in the country.

A number of other serious concerns were highlighted as potentially unconstitutional or potentially in violation of our international obligations.

We are specifically talking about refugees but many of our constituency offices end up dealing with significant amounts of casework as a result of immigration, whether it be visitors visas, refugee claims or a number of other factors like that. I am dealing with two cases in my riding. One case concerns a family member who is now in Canada. The person is professional, hard-working and has been in the country for a number of years. Her sister has been applying to come to Canada as a resident. She has been on the list for seven years and she is a skilled, professional worker. We have no idea what is going to happen to her application. Despite the number of years she has been on the list, the amount of money she has paid and that she has done everything that she needed to do, she will not be able to come to Canada even though she is one of those skilled workers we are looking for. This family, which has been waiting patiently for seven years, has been thrown into turmoil.

The second case I am dealing with concerns a visitors visa. The person was born and raised in Canada and he married somebody from another country. This woman has adult children in the other country who are professionals and who have extended families and property. They just want to come here to visit mom and dad. These family members have been repeatedly denied visitors visas because they are deemed to be a threat or risk to not return, despite their very clear ties to their home country. What will happen in this case is that this Canadian family, with significant assets in this country, will sell its assets and move to the country where the woman's family lives. What we will have here is the loss of a professional and his wife who live in the country and the loss of their significant assets because the other country will welcome them with open arms. We need to look seriously at some of this processing.

In its comments on the amendments, the Canadian Council for Refugees stated:

While the CCR welcomes changes that improve protection for refugees in Canada, the majority of the CCR’s key concerns with the bill remain, including:

Provisions to designate ‘irregular arrivals’ and ’safe countries’ (also referred to as ‘designated countries of origin’) that discriminate simply because of a person’s origin or method of arrival

Speedy and inflexible timelines that prevent people from telling their stories and preparing their cases properly

A five-year ban on permanent residence applications and family reunification for “irregular arrivals” once they are recognized as refugees

Mandatory detention for some claimants

The Canadian Council for Refugees concludes:

Unfortunately, other amendments represent a step backwards with respect to restrictions for claimants from ‘safe countries’ applying for a Pre-Removal Risk Assessment (PRRA). In its original form, Bill C-31 put in place a 12-month bar; the amended version of the bill will increase this to 36 months. This change renders the PRRA ineffective.

We have an organization that works hard on behalf of refugees and it cannot support this bill. Surely the opinion of somebody who has the face-to-face knowledge from working for years with refugees should be considered.

I will close with a comment by Dr. Meb Rashid who said that as a physician who has had the privilege of working with refugee populations for over 10 years, he was deeply concerned about the impact of mandatory detention on the health status of an often overly traumatized population.

I urge all members of this House to oppose the bill.

Protecting Canada's Immigration System ActGovernment Orders

June 1st, 2012 / 10:05 a.m.
See context

Cypress Hills—Grasslands Saskatchewan

Conservative

David Anderson ConservativeParliamentary Secretary to the Minister of Natural Resources and for the Canadian Wheat Board

Mr. Speaker, I am pleased today to rise in the House to speak to Bill C-31, the protecting Canada's immigration system act, and we are speaking at report stage.

Unfortunately, we are debating what I would call irresponsible opposition amendments that try to gut this important piece of legislation. I would like to take a few minutes to explain what the negative consequences would be if the NDP and the Liberals succeeded in delaying and stopping this bill from going forward.

Bill C-31, once passed, will make Canada's asylum system much faster and fairer. The most negative and important consequence of the opposition amendments would be that legitimate refugees would have to wait longer to receive Canada's much needed protection. Under the current system, it takes almost two years for a decision. Our Conservative government believes that is unfair and unacceptable. That is one of the main reasons we have introduced Bill C-31.

By introducing and supporting the opposition amendments, the NDP and Liberals are telling true refugees fleeing war and persecution around this world, many who literally have scars on their backs, that they should wait longer than is necessary to receive Canada's protection and for the certainty and piece of mind that comes with that protection. This is truly shameful.

The measures in Bill C-31 unquestionably complement Canada's proud humanitarian tradition of providing protection for those who are most in need of it. That tradition manifests itself in many internationally recognized ways. For example, Canada is one of only about 20 countries in the world that resettle refugees. In fact, we annually resettle about one out of every ten refugees who are resettled globally, more than almost any country in this world. That is something that we can be proud of. The government has pledged to continue this tradition. By 2013, Canada will resettle up to 14,500 refugees. That is an increase of 2,500 refugees since 2010.

On top of this, every year Canada grants protection inside the country to thousands of asylum seekers. Bill C-31 will continue to move forward Canada's strong humanitarian tradition. With that being said, no one should doubt that there are many concerns with the way that our current refugee system operates. We know there is significant abuse of the system and of Canadians' generosity. Bill C-31 would help address those problems.

Let us take a look at the facts. In 2011, 62% of all asylum claims were either abandoned or withdrawn by the claimant or rejected by the Immigration and Refugee Board of Canada. Far too many taxpayer dollars are being spent on such claims. Indeed, the average failed refugee claim costs taxpayers around $55,000.

Another concern is the recent spike in refugee claims from countries that are generally considered to be safe. These are countries with traditions similar to our own with respect to human rights and commitments to the rule of law. For instance, Canadians would be interested to know that last year nationals from European Union countries accounted for about a quarter of all refugee claims made in Canada. That is over 5,800 claims from the European Union in 2011, more than the claims that are received from Asia or Africa.

What is more, virtually all of the asylum claims made from EU countries were abandoned or withdrawn by claimants, which is their own admission that they were bogus, or they were rejected by the independent IRB. The cost to hard-working Canadian taxpayers for those unfounded claims is at least $170 million per year.

These facts speak for themselves. A large number of asylum seekers in Canada are simply not in need of our protection. Instead of waiting patiently to come to Canada through the proper immigration process, too many of these people are trying to use our asylum system as a back door to gain entry into Canada. The very unfortunate result is a clogged refugee system where those who legitimately need protection must wait far too long before we can process their claims.

Canadians are generous. They want to provide protection to those who are genuinely in need. However, I can tell the House that Canadians have no tolerance for those who blatantly seek to abuse that generosity. We need to send a clear message on behalf of Canadians on this, that being that if they are not in need of our protection they will be sent home quickly.

I would like to try offering an explanation about why the current system results in so many unfounded claims.

To begin, too much of our time is spent on processing applications from people whose applications for asylum are ultimately rejected. This has contributed to a significant backlog of cases at the Immigration and Refugee Board. Currently, about 42,000 claims are pending. In a nutshell, the current system is too slow, not only for our refugees who are genuinely in need of our protection, but also for dealing with bogus claimants who seek to abuse our system and our generosity.

Long wait times make Canada a much more attractive target for those whose only motivation for seeking asylum is to take advantage of our many generous social benefits while they wait for a decision. Ultimately, again, it is hard-working Canadian taxpayers who end up footing that very expensive bill.

Under the current system, claimants can access taxpayer-funded health care and claim social assistance for several years while their claim is still pending. On average, it can take up to four and a half years from the time an initial claim is made until a failed claimant is removed from Canada. In some cases, this process has taken more than 10 years. Every Canadian I know would say that this is clearly unacceptable.

The situation is also far too cumbersome which makes it more vulnerable to abuse. Bogus claimants who seek to abuse our system know they have many avenues and many different layers of recourse. They know they can further prolong their time here by seeking these different avenues of recourse. That is precisely what many of them do to further delay their removal from Canada.

The NDP members have praised the goals of this bill. They have said that the system needs to be faster and that more needs to be done to crack down on those who abuse the system. I will quote the NDP immigration critic and MP for Vancouver Kingsway who had this to say:

I think what we need to do is build a system that has a fast and fair determination process. And that’s something that I’ll give [the minister] credit for. I do think that’s what his intention has been all along. And we all want to work towards that. We don’t want endless dragging on of this stuff because refugees, when they come here, you know, they do qualify for basic sustenance...it is at the cost of the Canadian taxpayer.... We want a fast, fair system where we can give a sanctuary to people who need it quickly and we can weed out the people who don’t have valid claims, get them through a fair process. And if they’re not valid at the end of the day, deport them out of Canada swiftly.

The Liberal immigration critic and MP for Winnipeg North also has supported these goals. He said, “I support the need to make quick decisions in regards to refugees.”

Countless others support Bill C-31 as well. Immigration experts, lawyers, settlement organizations and average Canadians all overwhelmingly support Bill C-31. They have all said that something needs to be done. Our Conservative government has now taken action.

I am not surprised, but I am disappointed, to see that while the opposition members say one thing, they have done quite another. Instead of working in good faith with our government to pass legislation that is in the best interest of Canadians and genuine refugees, they have chosen to play politics with this issue.

The measures in Bill C-31 would help protect the integrity of our immigration system. At the same time, they would not change the fact that Canada's refugee determination system remains one of the most generous in the world. If the measures contained in Bill C-31 are implemented, Canada will be able to develop a faster, fairer refugee system that better protects those who genuinely need our protection. We will also be able to remove bogus asylum claimants from the country faster. Too many taxpayer dollars continue to be spent on bogus applications from people who are not in need of protection.

It is for these reasons that I implore all members in this House to vote against the NDP and Liberal amendments. I ask them to support Bill C-31 and help to ensure its speedy passage.

The House resumed from May 17 consideration of Bill C-31, 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, as reported (with amendments) from the committee, and of the motions in Group No. 1.