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.

[Rathika Sitsabaiesan, NDP, Scarborough—Rouge River, ON]

Okay, thank you.

It's not just the Sikh faith, it's the Islamic faith. Even in my constituency I've had it with Hindu priests, as well as pandits, coming and having problems getting a second visitor visa, or for many, even the first.

Changing gears, though, to the topic of detention, we've had multiple witnesses once again talk about detentions—and I could direct this to all of our witnesses—and the problems that detention poses for the immigrants themselves, whether it's temporary or permanent. The government's recently pushing through a bill, Bill C-31, which proposes mandatory detention for all of those who arrive to our country “irregularly”—what they call in an irregular fashion. What are your opinions on this?

Protecting Canada's Immigration System Act

[Wayne Easter, Liberal, Malpeque, PE]

The minister claims that is wrong. He will have the opportunity to stand and explain that. Certainly our interpretation of the bill is that is the case. Giving this particular minister all this power is indeed worrisome.

Allowing the minister to determine which groups were irregular arrivals would give the minister too much discretionary power with very little accountability.

I asked the previous member from the Conservative Party who would outline the safeguards. I really did not hear any safeguards that would amount to a whole lot.

The removal of an appeal process for those originating from a country on the safe list or from those identified as being part of an irregular arrival would not afford due process. We all know that due process is extremely important. We do not see due process in this section of the bill.

Our party is opposed to the lengthy, warrantless detentions coupled with an unfair review process where the first review would only occur after 12 months. The policies proposed really constitute cruel and unusual punishment. There should be balance in this kind of legislation. There does not seem to be balance or fairness in the act in terms of how the bill would affect people's lives. They come here, maybe abused by others in other countries and other systems. We need to protect those individuals. They come here with dreams and could find them so much dashed.

We do believe in reforming the system so that processing times are fair and reasonable for refugees. We do not think the bill does that to the extent that it should. As I outlined at the beginning, the amount of authority given to the minister is beyond.

The legislative proposal of the bill has quite a number of impacts. It would allow the minister to create a safe list of countries identified as being designated countries of origin. Claimants from those designated countries of origin would be subject to specific guidelines, including expedited application processing and denial of access to the refugee appeal division.

It would allow the minister to determine who was part of an irregular arrival, and therefore a designated foreign national. Designated foreign nationals would not have access to the refugee appeals division.

The bill would include all the proposed changes that, if members will recall, were in Bill C-4. However in Bill C-31, minors, those under the age of 16, would be excluded from the mandatory detention. On that we would have to say congratulations for that slight change.

Biometric data would be required from temporary resident visa applications or those applying for a study or work permit.

Refugees would be at risk of losing protection status. Changes would be made through the bill to prohibit individuals from applying for humanitarian and compassionate consideration while awaiting an IRB decision. Failed refugee claimants would not be able to apply for a year following negative refugee decisions. Those are the kinds of impacts that we see in the bill.

As a party, we cannot support the bill. In addition to the humanitarian and constitutional issues raised by the bill, key points which we oppose include the following: the ability of the Minister of Public Safety to unilaterally determine which groups would be irregular arrivals and, as I said, that would give undue power to the minister; and the ability of the minister to unilaterally determine which countries would belong on the safe list and would be designated countries of origin.

Again, what would be the absolute criteria in terms of making those decisions? Maybe the minister, if he does get up, could explain that further. There have to be more criteria than what we see in the bill currently, so that there would not be just political considerations on the part of the minister to make these decisions.

Another point is the lengthy mandatory detentions related to those deemed designated foreign nationals and the lack of a timely review process.

On this, Canadians are concerned, and rightly so. I would say that the government is correct in saying that there are concerns out there. When there are people who enter the country improperly, it does take too long to get decisions made for many in the refugee process. If people have to be removed from the country, it is a long and burdensome process.

Canadians are dissatisfied with that. It needs to be addressed through legislation. It has to be done in a way that is fair and balanced, and includes due process. We are concerned that at the moment it does not.

The last point I would make is that we are concerned about the removal of the appeal process of designated foreign nationals and individuals from designated countries of origin.

[Wayne Easter, Liberal, Malpeque, PE]

Mr. Speaker, I am pleased to speak 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. As we can tell by the title, it covers quite a broad range.

We, as a party, have quite a number of concerns with the bill. First and foremost is what seems to be the amount of power granted to the minister. As previous speakers talked about, the bill does bring some accountability. However, we have seen the government in other venues talk about bringing in more progressive legislation, for instance its accountability act. Yet, ever since the Conservatives formed the government we have seen anything but accountability. In fact, the debate on this bill is a prime example, as there are time limitations again.

What we have seen from the government is less debate, more closure, less transparency and less openness. We certainly cannot go by what the Conservatives have promised in previous elections. If the Minister of Citizenship, Immigration and Multiculturalism were the sole decision-maker of safe countries of origin, there would be no accountability from our perspective and no recourse. It would dangerously politicize the refugee system. This would be all about giving one person in the country the power to choose who can claim refugee status and who cannot.

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

Mr. Speaker, there is no question that those who are legitimate refugees would have the opportunity to establish their cases and, to the extent that they are able, they would receive the appropriate status. As the system was, people could apply by any means. They could jump the queue and go through a number of processes to stay in the country. They could apply for humanitarian and compassionate leave under a number of circumstances, after having settled. In fact, some cases take four and a half years or longer to settle. By that time they could have married, had children and built a case for humanitarian and compassionate grounds.

The provision in Bill C-31, as I understand it, would allow for an application for humanitarian and compassionate grounds, but not under a number of conditions and after a number of years. A claimant could apply once and either be successful or not. If they made an application before the board, the board would make the appropriate determination.

What I like about the bill is it would start to focus the time in a narrow window so that cases would be disposed of fairly quickly, instead of taking a number of years.

[Libby Davies, NDP, Vancouver East, BC]

Mr. Speaker, Bill C-31 reminds me of what governments have done over the years to people on welfare: scapegoat the target, demonize people, design the system to basically take away people's rights, and focus on a minority of cases to whip up public frenzy. That is exactly what this bill is doing around refugees.

One section of the bill that I am very concerned about is the humanitarian and compassionate consideration. I do a lot of casework in my riding, as I know others do as well. The bill would require that a person choose at the beginning whether to file for refugee status or an H and C consideration. That would be devastating for someone who is making a claim. An individual may not know at the time about an H and C application.

How on earth can the member defend limiting the H and C consideration? All of us know that for many people, at the end of the day, that is all they have left. To take that away seems to me to be quite disgusting, very unfair and very harmful.

The House resumed consideration of the motion 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, be read the second time and referred to a committee and of the amendment.

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

Mr. Speaker, I am pleased to add my voice in support of Bill C-31, the protecting Canada's immigration system act. The bill would protect the integrity of the system. We cannot allow abuses of the system to undermine trust in Canada's immigration system.

As we have heard, Bill C-31 would do three things. First, it would make further much needed reform to the asylum system. Second, it would enable the introduction of biometric technology for screening visa applicants in order to strengthen our immigration program. Third, and the area I will focus on, there are measures that would help crack down on the growing and dangerous business of human smuggling.

I do not think it comes as a surprise to any hon. member of the House that our government is pushing ahead with reforming our immigration and refugee laws to put an end to human smuggling.

Canada enjoys a global reputation as a nation that cherishes fundamental freedoms, that champions democracy and freedom of speech, and that believes strongly in the benefits and opportunities that come from a diverse, multicultural society. That is not disputed.

Most Canadians, and I include myself in that category, have a chapter in their family history that includes immigration and resettlement. For some it was added recently; for others that chapter was written three or four generations ago. There are countless individuals and families around the world who want to add that same chapter to their family history by coming to Canada. Canada is a destination highly desired by many.

The unfortunate reality is that there are individuals and criminal organizations that see our generous immigration system as an easy target to make a high profit with low risks. These criminal elements use Canada's reputation to conjure up their own outlandish stories of how refugees can bypass the proper channels by paying a set fee and arriving en masse. Human smugglers convince these individuals that they will be processed quicker and will be able to start a new chapter of their lives sooner than if they apply to come to Canada by other methods. We have seen strong evidence of this with recent events on Canada's shores.

Until recently, most Canadians believed that any large-scale human smuggling was something that did not happen here, that it was something they would read about in the papers or hear about on the news from other countries.

That changed in 2009 when Canadians witnessed the arrival on the west coast of the MV Ocean Lady which carried 76 migrants. Less than a year later close to 500 migrants arrived on a second vessel, the MV Sun Sea. Shortly after that, a sea container was uncovered at the port of Montreal revealing yet more individuals who had tried to enter Canada illegally.

Canadians are becoming very much aware of this problem. It is a reality that must be faced. They want the government to act, and the government has acted.

I have heard from my constituents, and like all Canadians they have told me that they want 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. This disregard for human life is an affront to all Canadians.

We must therefore act before another tragedy strikes, such as the one that occurred off the coast of Indonesia last December when close to 200 irregular migrants destined for Australia perished when their vessel capsized in rough waters.

We cannot rest on our laurels and wait for the next incident. That is why our government introduced legislation in October 2010 to crack down on human smuggling. That is why the 2011 Speech from the Throne underscored this government's commitment to combat human smuggling, which can place migrants in dangerous situations and undermine trust in Canada's immigration system.

Today we are proud to see these changes included in Bill C-31, which encompasses some important reforms that would strengthen our immigration and refugee system. These changes would help us to meet the challenges associated with human smuggling while continuing to provide protection to those who require it most.

With this legislation we are delivering on our commitment to Canadians to combat human smuggling, a crime that undermines trust in Canada's immigration system.

First and foremost, the proposed reforms would allow Canada to crack down on human smugglers who would abuse our generous immigration system and endanger the safety and security of Canadians. It also proposes measures that would act as a deterrent for those who are planning and organizing human smuggling operations. Those who plan human smuggling and think it is low risk would now have to reconsider given the measures that would be implemented in this bill.

First, these measures would enable the Minister of Public Safety to designate the arrival of a group of persons as an irregular arrival, thereby making those involved subject to the act's measures. Canadians expect as much. Canadians demand that the government take action along those lines and perhaps even to a greater extent. I would add, though, that there are safeguards in place that would ensure the minister cannot delegate this authority given the significant consequences that flow from a designation.

Second, it would make it easier to prosecute human smugglers, including broadening the definition of the offence of human smuggling to better capture all the ways this crime occurs and make it easier to prove the offence was committed.

Third, it would impose mandatory minimum prison sentences on convicted human smugglers.

The sentence length would escalate based on factors such as if the offence was committed for profit or in association with a terrorist or criminal organization. I do not think anyone would disagree that is a significant consideration and should factor into the sentencing or the consequences. Another factor would be if the person who committed the offence endangered lives, caused bodily harm or death to any of the persons smuggled. The persons being smuggled undergo an extreme amount of suffering and are in danger. People are putting them in that position simply from the motive of profit. Those considerations need to be taken into account in the sentencing provisions.

Some may question the need for such mandatory penalties given the offence can already be punished by life imprisonment. Our government believes strongly that the most harmful manifestations of this crime must be clearly denounced. Our proposed mandatory minimums would do this. Not only would this denounce these types of actions but I believe it would also deter these types of actions. It is important to note, however, that these would only apply in situations where aggravating factors can be proven, factors which reflect the most harmful, serious and reprehensible aspects of this crime.

Fourth, the bill proposes measures that would hold shipowners and operators to account for the use of their ships in human smuggling operations. It is important that liability and accountability be placed on those who allow their assets to be used in this fashion.

In addition to these deterrent measures, the bill includes other measures required for the proper identification and investigation of those wishing to enter Canada as part of an irregular arrival. This includes establishing the mandatory detention of participants in designated human smuggling events to allow for the proper and full determination of identity and admissibility and any other investigations. It is in this last point that we will see wording changes in the legislation to expressly exclude designated foreign nationals under the age of 16 years.

Bill C-31 includes other reforms to help reduce the attraction of coming to Canada by way of illegal human smuggling operations. For example, it includes measures to prevent those who come to Canada as part of an irregular arrival, including those who subsequently obtain refugee status, from applying for permanent resident status for a period of five years. It also includes measures to enhance the opportunity to rescind the refugee status of those who return to their country of origin for a vacation or demonstrate in other ways that they are not truly in need of Canada's protection. Finally, it would prevent individuals who participate in designated human smuggling events from sponsoring family members for a period of five years.

Our government believes that these actions are tough but fair. More than ever before, Canada must take a strong stand with our international partners and allies to help end the illegal practice of human smuggling.

I would urge all members to support this bill and ensure its swift passage.

[Jason Kenney, Conservative, Minister of Citizenship]

Mr. Speaker, on the latter point raised by the member for Malpeque, there is no politicization proposed. There is nothing dangerous proposed. No access to our asylum system would be restricted by the bill at all. Every asylum claimant from every country, regardless of the means of their arrival, whether it is a smuggling operation or not, would have the same access to a full fact-based appeal on the merits of their case before the quasi-judicial Immigration and Refugee Board. We would not refoule anyone who has been deemed by our legal system to face danger.There is nothing arbitrary about the designation process of certain countries. I refer the member to section 58 of Bill C-31, which is a page and a half of criteria by which the designation process would be conducted.

Does the member not agree with me?

[Devinder Shory, Conservative, Calgary Northeast, AB]

Mr. Speaker, I rise in the House today in support of Bill C-31, the protecting Canada's immigration system act.

Canadians are enormously generous people. For decades, Canadians have welcomed millions of immigrants into our country with open arms. I know this because I was one of them. I know first-hand that whether we fly, sail or drive here, Canada had a place for those who work hard and play by the rules. In fact, over the past six years, Canadians have welcomed the highest sustained number of immigrants than ever before in Canadian history.

However, Canadians want an immigration system that is fair, balanced and in the best interests of our country and our economy. They welcome those who can contribute to Canada, those who have family in Canada and those who are in genuine need of our protection.

However, Canadians also demand that our immigration system keep out those who mean our country harm, those who aim to take advantage of our generosity and those who pretend to need our humanitarian protection but are actually just queue jumpers who do not want to wait in line like everyone else.

I often like to describe my constituents in Calgary Northeast as the hardest working constituents in Canada. Our people are industrious, enterprising, skilled workers and many of them are new Canadians. They have immigrant stories similar to my own. I can tell this House that the message I get from my constituents is that they support a fair and balanced immigration system that does not punish those who play by the rules. They want us to stop those who abuse our immigration system. They want us to keep out those who break our laws. They demand that we close the doors to those who lie and cheat their way into Canada.

If citizens cannot trust in the integrity of their country's immigration system, that system will fail. Canada's immigration system is a success story because our citizens have trust in our immigration system and that is also why it is so important for everyone in this House to ensure the passage of the measures that are found in Bill C-31, measures that would strengthen the integrity and functioning of Canada's immigration system and would help ensure its success.

I will quote from an Edmonton Journal editorial published the day after the minister first introduced Bill C-31. It states, in part:

As ideals go, extending everyone the benefit of the doubt for an in-definite period has become unsustainable.

Take the case of refugee claimants. ... Canada now receives more applications for refugee status from Europe than it does from either Asia or Africa.

...there has to be a more efficient, cost-effective means of weeding out the bogus claimants from Europe and elsewhere. Simply put, we cannot continue to give everyone the benefit of the doubt when it costs that much money and taxes our social systems unduly to do so.

The facts speak for themselves. The total number of refugee claims from the European Union in 2011 was 5,800. That means the percentage of total refugee claims coming from the European Union in 2011 was 23%. That is more than Africa and Asia. It is also a 14% increase from 2010.

Canada has one of the most generous refugee systems in the world. We admit more refugees on a per capita basis than almost any other country. In fact, our Conservative government has increased the number of resettled refugees by 20% or 2,500 refugees per year.

However, we cannot sustain that generosity if our refugee system is being abused by bogus refugee claimants making false claims. We need to effectively fulfill our humanitarian obligation to give protection to those asylum seekers who genuinely need it.

Members need not take my word for it. They need only look at the actions of the bogus refugees themselves. Virtually none of the claimants from the European Union show up for their refugee hearings but virtually all of them show up for the initial screening interview that will allow them to receive taxpayer funded social services. Canadians have the right to question this practice and demand recourse.

Bill C-31 would accelerate the processing of refugee claims for nationals from designated countries that generally do not produce true refugees so those refugees would be dealt with more quickly. It would also reduce the options and delay tactics available to the failed claimants to delay their removal from Canada.

Today it takes a claimant from Europe over 1,000 days to receive an answer from our government. That is nearly four years of welfare, four years of work permits and four years of taxpayer funded health care. Under Bill C-31, the government hopes to reduce this timeline to 45 days for designated countries that have excellent human rights records and democratic governments. This means faster removal of bogus claimants who have abused the generosity of Canadians and shoved aside real refugees for their own selfish purposes.

We are currently dealing with big loopholes that make our generous immigration system open to abuse. We must take action to crack down on this abuse. Canadians have given our Conservative government a strong mandate to protect Canada's immigration system and that is exactly what we are doing.

This legislation would save Canadian taxpayers at least $1.6 billion over five years. It would put a stop to foreign criminals, human smugglers and bogus refugees abusing our generous immigration system and receiving lucrative taxpayer funded health and social benefits. At the same time, the bill would provide protection more quickly to those who are truly in need.

Bill C-31 would help crack down on human smugglers worldwide who are targeting Canada and charging large amounts of money to facilitate illegal migration. Not only that, these human smugglers often treat their clients in a manner that is exploitative and downright dangerous. The measures in this bill would strongly discourage anyone from becoming involved in this criminal activity, while making it easier to prosecute human smugglers. This dangerous queue jumping must be curtailed.

Other measures in the bill, such as mandatory detention, would give Canadian authorities enough time to conduct investigations and examinations into identity, admissibility and criminal activity. Canadians want their government to find out who is being let into our country. It is simply the logical and responsible thing to do.

This is what another Canadian newspaper, the Montreal Gazette, wrote in a recent editorial lauding the measures in the bill that address this criminal activity. It reads:

Human smuggling is an odious enterprise that should be severely punished. And while the smugglers' clients are perhaps desperate people in many cases, they are nevertheless participants in an illegal activity that should be strongly discouraged.

However, all those who arrive in Canada as part of a designated irregular arrival will still have access to a refugee determination and anyone who is determined to be a refugee would be released from mandatory detention. Under Bill C-31, minors under the age of 16 would not be subjected to mandatory detention. These children would be given appropriate accommodation and assistance.

In the short time I have had to speak, I have tried to demonstrate how important Canada's immigration system is to our country and how Bill C-31 would strengthen that system for Canada and for the refugees we seek to help. Canadians have no tolerance for those who abuse our generosity and who take unfair advantage of our country, which is why we are taking action to address these concerns.

I hope my hon. colleagues from all sides will agree and join me in supporting this fair and balanced legislation.

[Francis Scarpaleggia, Liberal, Lac-Saint-Louis, QC]

I'm sorry, I'm not a lawyer, but how does this relate to vexatious complaints? Are you suggesting or is someone suggesting that rather than having the supervisor or even the commissioner make the decision, some kind of external review body would either make the decision or review the decision? I agree with you, it's not practical to go to the court. There aren't the resources for the inmate to do that, and so on.

Can you envisage some kind of system where even before it would get to the commissioner a committee would look at it, with a chance of reversing the supervisor's decision?

I suppose there's a problem there, because if a supervisor is overridden too many times, his or her authority is diminished within the institution. And no doubt these are institutions that have a component, necessarily, based on authority and so on.

I'm concerned about two things. One, there's no real appeal mechanism other than going to Federal Court. In that regard it's like Bill C-31, which is an immigration bill, which I won't get into. There's always that way: you can go to court. But it's not practical necessarily.

The second question I have is let's say someone is vexatious, truly vexatious, is complaining non-stop about something or other and is labelled a vexatious complainant. All of a sudden maybe the guard now knows that this person is vulnerable because he or she can't really complain as easily any more. So they get into some kind of rivalry, where now the person who was labelled a vexatious complainant for good reason is actually the subject of some kind of recrimination or has a legitimate complaint.

Under the bill, as I understand it, the person can still make a complaint, but the evidentiary standard is higher. What does this mean, that the evidentiary standard is higher? If somebody says the guard is not letting him or her out on time to go to the prison yard, how do you prove that? What does it mean? What kind of additional proof would be required? This is all undefined.

I don't know if you would like to comment on that.

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

Mr. Speaker, I would just like to remind the member opposite that when refugees flee their country because they are persecuted, because they want to escape danger and be safe, they do not take the time to find out about the country they are going to. They do not come as tourists. They do not come for pleasure. They are fleeing the difficult and dangerous conditions in which they found themselves in their countries of origin. That is why certain people flee and take a great many risks—because it is better to risk their lives than to stay in their homeland.

I speak from experience. That is what my parents did. So here is my question. If Bill C-31 was so well thought-out, why is it that Australia, which did the same thing and put refugees in detention, has reversed its decision and once again adopted the immigration system that currently exists in Canada?

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

Mr. Speaker, I am very pleased to have the opportunity to rise in support of this important legislation. We all know Canada is a compassionate nation. We have a generous spirit that compels us as Canadians to protect the vulnerable.

In fact, Canada has one of the most generous immigration and refugee systems in the world. We resettle approximately 1 in 10 of the world's resettled refugees, more than almost any other industrialized country in the world. We are continuing our tradition as a leader in international refugee protection by increasing the number of refugees resettled from abroad by 20%. By 2013, Canada will resettle up to 14,500 refugees, or 11% of the refugees resettled globally.

The plight of the world's refugees has always moved us to help. Some 30 years ago, people from all walks of life helped to rescue and resettle more than 60,000 Indochinese refugees in Canada. This effort firmly established private sponsorship as a vital component of our refugee program and, in fact, private sponsors across Canada have stepped up and helped more than 200,000 refugees in the past 30 years.

The government is also active with our international partners to help those in need. Take for example, the government's commitment to resettle up to 5,000 Bhutanese refugees from Nepal. We have already welcomed more than 3,600 Bhutanese refugees in several communities across Canada. In addition, we have resettled over 3,900 Karen from Thailand.

Canada has a record of compassion and concern for the world's most vulnerable, a record that we can all be proud of, but we are not pushovers. No Canadian thinks it is acceptable for criminals to abuse Canada's immigration system for financial gain through the crime of human smuggling. It will come as no surprise to anyone in the House that human smuggling is an issue of great importance to me. That is why I introduced Bill C-310, which would amend the Criminal Code to add the offence of trafficking in persons to the list of offences committed outside of Canada that Canadian citizens or permanent residents may be prosecuted for in Canada, among other things. I was very pleased earlier today to appear before the Standing Committee on Justice and Human Rights as the first witness to appear on its study of my bill.

The simple fact is that our country has become a target for human smuggling. The arrivals of the MV Sun Sea and the Ocean Lady are a clear indication that Canada is a favoured destination for human smuggling networks, and recent international media reports have made it clear that human smugglers continue to target Canada. Just a few weeks ago, the media reported that a massive human smuggling operation headed for Canada was dismantled in Togo. Canada is a prime target for human smugglers. That is why we must take action.

Let us not forget what we are talking about here. Human smuggling is a transnational criminal enterprise that is a growing global phenomenon. Human smugglers consider their passengers to be little more than cargo. Migrants are typically stranded at sea on an overcrowded boat with unsanitary and unsafe conditions. As a result of these inhumane conditions, countless people die in human smuggling operations every year. By charging people large sums of money for their transportation, human smugglers have made a lucrative business out of facilitating illegal migration, often by counselling smuggled persons to claim asylum in the country to which they are smuggled. Once they arrive to their destination country, these migrants are often at the mercy of their human smugglers. Many of them are forced to work for years in the underground economy just to pay off their debts to the smuggler.

Interpol says that human smuggling syndicates benefit from weak legislation, and low risk of detection and prosecution and arrest compared to those engaged in other transnational organized crimes. If we do not take strong action now, more vessels will arrive and more lives will be put at risk.

The government will not stand by and allow these exploitive operations to continue. This legislation would enable us to crack down on human smugglers who prey on vulnerable migrants. It also aims to discourage those tempted to use this perilous form of migration. Here is how.

The legislation would make it easier to prosecute human smugglers. We would make shipowners and operators liable for the use of their ships in human smuggling. This legislation includes stiffer penalties and fines for shipowners and operators, as well as mandatory minimum sentences for those convicted of human smuggling. At the same time, the government recognizes that ship operators and owners are only part of the problem. We must also discourage those who would consider using the services of a human smuggler. This bill aims to do that by reducing the attraction of coming to Canada by way of irregular arrival.

First, it would prevent illegal migrants who are part of the smuggling operation from obtaining permanent resident status for five years, thereby also preventing them from bringing their family members to Canada during that period. During this time as well, if refugee claimants return to their country of origin or demonstrate in other ways that they are not in legitimate need of Canada's protection, we can take steps to cease their protected status and remove them from Canada. This is because returning to the country from which they are claiming prosecution is very strong evidence that they are not in need of Canada's protection. Canadians, especially those who waited in line to come to Canada legally, have an innate sense of fairness and want our government to take action to prevent the entry of those who seek to use illegal means to jump the queue.

Through Bill C-31, our government is also ensuring that the medical benefits received by those who arrive by these means are not more generous than those received by the average Canadian.

In addition to these measures, this legislation underscores our top priority, which is to protect the safety and security of Canadians. The mandatory detention of irregular arrivals, excluding those who are under the age of 16, would provide us with the time needed to confirm these individuals' identities and whether they pose a threat to Canadians upon their release.

Simon Zhong, executive director of the Toronto Community and Culture Centre, has said the following: “Human smuggling is a criminal activity that puts people's lives at risk. It involves a network of international criminal organizations and Canada has become their target because of our compassion and fairness.... We support the government's proposals as we need to send a strong message that criminal human smuggling will not be tolerated. Smugglers need to understand that they will be prosecuted to the fullest extent possible and that these proposals will make this easier to accomplish that”.

Canada is a compassionate nation of immigrants with a proud history and tradition of welcoming refugees, but every sovereign country has a responsibility to protect its citizens and its borders. The legislation before the House is a necessary step to protect our borders and the integrity of our immigration system. It also sends a message that the Government of Canada is serious about deterring human smuggling and the people who participate in it.

I urge all members of the House to give this bill grave consideration and, ultimately, their support.

[Anne-Marie Day, NDP, Charlesbourg—Haute-Saint-Charles, QC]

Mr. Speaker, I would like to thank my NDP colleagues for expressing their points of view on immigration and the shortcomings of Bill C-31 so brilliantly.

I agree with my colleagues and I have reservations about this bill, which should be reviewed and amended. There is no doubt that in a world as globalized and complex as the one we live in, the Canadian government must always make it a priority to protect Canadians and keep them safe. However, the approach proposed by the Conservatives clashes with Canadian values and fails to achieve the primary goal, which is to protect our borders while remaining a welcoming and attractive country for immigrants.

I would like my colleagues on the other side to justify the glaring deficiencies in this bill to the House. First of all, one of the clauses in the bill concentrates too much power in the hands of the immigration minister by allowing him to decide which countries will be designated as safe countries of origin, which will reduce the number of refugees coming from these countries. An elected official, by himself, cannot replace an impartial expert panel. In addition to handing over too much power to the minister, this type of procedure leaves the door wide open to partisanship that is directly associated with our country's foreign policy objectives.

The NDP believes that immigration and support for refugees cannot be manipulated in this way merely to serve the country's economic interests. A sound immigration policy should promote Canada's economic development, but it cannot ostracize refugees who are seeking asylum in Canada without violating our international obligations. How can this government claim that only the minister has the expertise and holds the truth in immigration law in Canada?

Another very important point concerns the status of thousands of permanent residents. The bill would make it easier to cancel the claim for refugee protection if the circumstances were to change in the refugee's country of origin, even if he or she had become a permanent resident of Canada.

What this really means is that the new Conservative bill might result in thousands of refugees with permanent resident status having that status withdrawn and being expelled from Canada. We know that under the current legislation Canada's protection may already be withdrawn if, for instance, calm has been restored in the refugees’ country of origin and they can live there in safety, or if they obtain citizenship in another safe country. However, once they had obtained permanent resident status, these nationals were guaranteed the right of residence and could keep their status unless they committed a serious crime or fraud in order to obtain permanent resident status.

Why should we toughen up the existing legislation if it is only to frighten immigrants who are trying to rebuild their lives in Canada and who will have this provision hanging over them like the sword of Damocles?

This type of provision will undoubtedly prove to be counterproductive because future immigrants, most of whom are skilled and interested in contributing to Canada's economic prosperity, will instead choose other countries where their lives will be less constrained and more stable in the long term. Furthermore, the fact that this government is not required to strictly apply this law makes too much room for vague and ill-defined powers and uncertainty as to how the law will be applied.

In this regard, I will quote Le Devoir:

An average of 25,000 refugees a year have obtained permanent resident status over the past five years. The number last year was 24,700. On average it takes between 18 and 22 months. They must then wait three years before applying for citizenship, which takes an average of 19 months. It takes a minimum of five to six years to become a citizen, if the process goes quickly. Under the new legislation, the thousands of refugees admitted every year are at risk, not to mention those who simply have not yet applied.

In addition to this major concern, I would like the government to explain why its new bill contains a clause that prohibits entry of asylum seekers who were incarcerated in their country for more than 10 years, and why no discretion is given to a tribunal in the case of political refugees. We all know that thousands of refugees flee their country of origin because they run the risk of having to serve, or they have served, prison sentences because of their religion, ethnicity, political convictions or sexual orientation.

This type of unfair legislation quite simply endorses the discriminatory position that certain countries impose on their citizens rather than helping them to start their lives over in a supposedly fairer and more democratic country such as ours. I am not saying we should be bringing criminals to Canada, but we should be helping refugees who have been unfairly accused in their home countries.

Bill C-31 permits the arbitrary designation of irregular arrivals and their mandatory detention, which is completely unconstitutional. Need we remind this government that the arrival of refugees by irregular means, such as by boat, is legitimate and that we must respect the international treaties regarding refugee rights that we have signed? Canada has recognized these humanitarian rights in accordance with the 1951 Convention relating to the Status of Refugees, called the Geneva convention.

An individual's right to life, liberty and security of the person is also spelled out in the Canadian Charter of Rights and Freedoms. It is therefore mandatory in Canada to protect refugees and not expose them to persecution. Those persons who arrive in Canada by their own means can claim refugee protection at any Canadian border or at an immigration office within Canada.

However, according to the new proposed legislation, irregular arrivals will be subject to maximum mandatory imprisonment of one year if they are 16 or older. They will not be able to apply for permanent residence or sponsor a family member for five years and will not have access to the new Refugee Appeal Division. Now, that is a two-tier system. It is totally illegitimate and unfair to immigrants and flies completely in the face of Canadian values.

In its press release announcing the new bill, the Conservative government accuses “bogus refugee claimants” from what it considers to be safe countries of slowing down Canada's immigration process and penalizing the “good” immigrants. The government even contends, “These bogus claims cost Canadian taxpayers upwards of $170 million per year. That's why the government...introduced the Protecting Canada's Immigration System Act.”

The government is therefore proposing savings of $170 million to protect an immigration system that will never be 100% secure. What, then, is the total cost of imprisonment? We do not know. Can the government provide an estimate as to the cost of this legislation?

I would like to remind Canadians and my colleagues in the House that Bill C-11 from the previous Parliament had to do with balanced reforms concerning refugees. I would also remind the House that that bill was the subject of many compromises and was supported by all parties. By bringing a bill like Bill C-31 back to the table, this government is doing three things that are totally unacceptable.

First of all, it is preventing anyone from seeing the effectiveness and the value of legislation that has already been passed, since Bill C-11 is being killed before it even came into force. Second, it is arrogantly rebuffing all the work that was done on Bill C-11 by introducing a new bill that is practically identical, but ignores all the amendments adopted in the previous Parliament. Third, it is disgracefully wasting taxpayers' money by forcing us members to redo work that was already done respectfully and conscientiously.

Some 14% of the people of my riding are immigrants. Among them are thousands of permanent residents who work hard and contribute to the social and economic development of Charlesbourg—Haute-Saint-Charles and the greater Quebec City region. Thousands of them are also worried about their status and want answers.

The NDP believes that we must fulfill our duty to refugees while maintaining an effective, impartial immigration system. Bill C-31 puts refugees in a class with criminals. The bill is ineffective and leaves too much room for the political manoeuvring that characterizes the party across the floor. The government needs to redo its homework.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, I had another question in mind, but the response of the Minister of State for Sport to my colleague's question missed the point.

We understand the changes that improve the bill, between Bill C-4 to Bill C-31, in that children under 16 are not to be automatically jailed for the year with their parents and older siblings over 16. However, I think the question was what would happen to children under 16 who would not automatically be interned, but who would be with their families when they arrived in Canada. I hope one would presume out of compassion and any common sense that we would want to keep children with their parents. I think that is the essence of the question.

Although I am now surrendering my own question to pursue another matter, could the Minister of State for Sport respond to that?

[Bal Gosal, Conservative, Bramalea—Gore—Malton, ON]

Mr. Speaker, that is completely false. According to Bill C-31, there is an exemption from automatic detention for minors under 16 years of age.

We want to have a fair refugee system and this bill would create a fairer system for our country. Our government is committed to strengthening Canada's immigration system and that is what we will do with the bill.