Bill C-43 (Historical)

Faster Removal of Foreign Criminals Act

An Act to amend the Immigration and Refugee Protection Act

This enactment amends the Immigration and Refugee Protection Act to limit the review mechanisms for certain foreign nationals and permanent residents who are inadmissible on such grounds as serious criminality. It also amends the Act to provide for the denial of temporary resident status to foreign nationals based on public policy considerations and provides for the entry into Canada of certain foreign nationals, including family members, who would otherwise be inadmissible. Finally, this enactment provides for the mandatory imposition of minimum conditions on permanent residents or foreign nationals who are the subject of a report on inadmissibility on grounds of security that is referred to the Immigration Division or a removal order for inadmissibility on grounds of security or who, on grounds of security, are named in a certificate that is referred to the Federal Court.

The House resumed consideration of the motion that Bill C-43, An Act to amend the Immigration and Refugee Protection Act, be read a second time and referred to a committee.

Faster Removal of Foreign Criminals Act

[Jamie Nicholls, NDP, Vaudreuil—Soulanges, QC]

Mr. Speaker, my colleague said that the government is currently finding it difficult to integrate newcomers into our country. That is my opinion as well. In six years, the government has not been able to develop a program for integrating professionals from other countries.

Can my colleague talk some more about the fact that the government is unable to do its job with respect to this issue?

[Hélène Laverdière, NDP, Laurier—Sainte-Marie, QC]

Mr. Speaker, I thank my colleague for the question because it is actually a very important point. The vast majority of Canadians came to this country through immigration. Immigration has always made this country strong and vibrant. Our true wealth consists of the people who have come here from all over the world.

At present, this government is reacting as though people from other parts of the world were essentially a threat rather than an asset. I would like us to work on bills such as this one, but we must not forget the main issue: integrating immigrants.

In my riding, in Montreal, we constantly see skilled professionals who could contribute to the economy and Canadian society, but who cannot do so because we are not working hard and collaborating to find a solution to the problem together with other levels of government.

[Paul Calandra, Conservative, Parliamentary Secretary to the Minister of Canadian Heritage]

Mr. Speaker, my parents were immigrants to Canada and they worked very hard to help build this country.

A couple of examples that NDP members have used have been about individuals who come to Canada but choose not to become Canadian citizens.

In one example the member talked about someone who came to Canada at the age of seven but at the age of twenty ran into difficulties with the law.

Another example from the previous speaker was about somebody who comes to Canada but has such an attachment to the country he came from that he chooses not to take out Canadian citizenship, although his kids are Canadian. He gets into trouble with the law and is sent back to his home country.

Is it the position of the New Democratic Party that the value of Canadian citizenship is so weak that the Government of Canada and the people of Canada should continue to carry on their backs individuals who do not make a commitment to this country?

Is it the position of the NDP that those individuals who break the law should not suffer the consequences of not valuing Canadian citizenship enough to take out Canadian citizenship after many years, and of breaking our laws?

Is it the position of the NDP that the value of Canadian citizenship is so low that we should not have laws in place to protect Canadians from coast to coast to coast? Is that what the NDP is saying?

[Hélène Laverdière, NDP, Laurier—Sainte-Marie, QC]

Mr. Speaker, I think that Canadian citizenship has enormous worth. That is why for many years of my life I have represented Canada abroad and have been very proud to do so.

However, my colleague's comments say it all when he asks if Canada should carry on its back people who are not citizens. That is the perspective of the government, and that is where it is mistaken. They are not people who we carry on our backs. They are people who contribute to our economy, our society, our culture and our diversity. They are what makes Canada the country that it is.

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

Mr. Speaker, I rise on a point of order. To be clear, people who break the law--

[Some hon. members]

Oh, oh!

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

I know they do not want to hear the actual truth because NDP members have had a great deal of difficulty with the truth lately, but we--

[Some hon. members]

Oh, oh!

[The Acting Speaker, Conservative, Bruce Stanton]

Order, please. It is really just a point of debate. Differences of opinion is what debate is all about but we will carry on. We only have one minute remaining.

The hon. member for Laurier—Sainte-Marie.

[Hélène Laverdière, NDP, Laurier—Sainte-Marie, QC]

Mr. Speaker, I think the record will show that my colleague first spoke of people who were not taking citizenship and asked if we had to carry them on our back. Then he referred to people breaking the law and asked if those people breaking the law should pay a price. Yes, they should pay a price. If they have to go to prison or pay a fine they should do so, but the assumption always seems to be that it is non-citizens who commit the crimes. We do not have from the government any data or detailed information about whether non-citizens commit any more crimes than citizens.

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

Mr. Speaker, I rise on a point of order. I am not just sure that the NDP members are actually debating the right bill. I wonder if they have actually read the bill and the title of the bill because the bill is about the removing of foreign criminals from Canada. It is not about removing or punishing Canadian citizens. It is not about devaluing the hard work of immigrants like my parents who have come to this country. It is about removing people who have broken the law in this country so that the rest of the country can be safe and secure. That is what it is about.

[The Acting Speaker, Conservative, Bruce Stanton]

I thank the hon. parliamentary secretary for his intervention. Certainly the rules around relevance pertain to debate and it is a valid area that could be a point of order. In this particular case, the parliamentary secretary will know that members are given a lot of latitude in terms of how they can bring these ideas together and make them pertinent to the debate and the question that is before the House. We will have to say that we are within the realm of relevance here and it is up to the hon. members to bring those ideas together.

Resuming debate. The hon. member for Honoré-Mercier.

[Paulina Ayala, NDP, Honoré-Mercier, QC]

Mr. Speaker, I rise today in the House to share my concerns regarding the faster removal of foreign nationals.

Since the founding of this country, Canada has been a land of immigrants.

I, myself, am an immigrant, and I understand the many challenges that new Canadians face in integrating harmoniously into their new country, particularly those who arrive as refugees and who leave their countries in distress. Refugees often experience severe cultural shock. This distress is even more painful when they arrive with their children. Often, they have to learn to speak a new language. They have to find a place to live and a job, and the list goes on.

Immigrants who arrive as permanent residents start out differently because they emigrated by choice. However, once they arrive, they have the same difficulties as refugees in finding a place to live, getting a job and having their foreign credentials recognized. They sometimes end up unemployed and living in the most marginalized neighbourhoods through no fault of their own.

For an immigrant, finding housing is not an easy thing. I know from experience. With a family, it is even worse. Parents do not have their extended family to help them. Often both parents have to work and the children go to school.

The shock is even greater when a young person becomes a delinquent. Under Bill C-43, on reaching adulthood, he becomes an undesirable immigrant who has to leave his adopted country.

I am talking here about young immigrants who arrived in Canada at the age of one, three, four or eight, who grew up here and who went to school here. I am not talking about an immigrant who arrived in Canada at the age of 30 with suspicious thoughts in mind. I am talking about young people who became delinquents here in Canada. They went to school here. They should serve their sentence here. They should reintegrate into society as good citizens here in Canada. They are our responsibility as a society because they grew up here, not elsewhere.

We are talking here about a local problem, not an untraditional export. We are sending these delinquents to their parents' country of origin, a country that they are not necessarily familiar with.

We are talking here about people whom we educated and trained and who became delinquents in Canada.

Most newcomers to Canada are people who will obey the law and never commit a crime. That we know.

The Conservatives should put more effort into ensuring that these people are treated fairly and that they can be reunited with their family members. This would really help these families to integrate harmoniously into their new country and to take care of their children when both parents have to work.

I think about my students from the inner city. How many of them do not have a grandmother? It can really help to have a grandmother taking care of the kids after school, because their parents get home late in the evening. The child comes home with a key, opens the door and is home alone. It is easy to get caught up in the wrong crowd on the way home.

The Canadian justice system has a good reputation throughout the world, and I am concerned that we are sending the wrong signal by hastily deporting criminals without proper grounds.

Will we create more injustice by accelerating the process? Do we risk doubly penalizing people who made a mistake—I am not saying that these are all innocent people—but who paid their debt to society?

I would like to talk about two families in my riding. In both cases, Canadian children are being penalized when their parents are deported for a crime they committed at some point in their lives. In many cases it is a double penalty.

For example, a Colombian-Canadian family was forced to take their young Canadian children—this was in the papers—to a country our government was discouraging people from visiting on our travel warnings site. Another case highlights the importance of being reasonable and carefully studying this bill.

Last week a new case came across my desk. A Canadian citizen is concerned about the situation of one of her employees. This employee is at risk of being deported to Vietnam. This man arrived in Canada as a child. He was 8 years old. His parents died on the ship on the way to Canada. He grew up without his parents. He and his brother outlived them. He is now 40 years old and has six children born in Quebec. He is married to a Canadian.

He spent nearly all of his childhood, teen and adult years here. Around the age of 18, he committed crimes and was punished by the Canadian system, which means that he was tried and he served time in prison for his crimes. He served his sentence.

Being in jail got him thinking and he is now back on the right path. Moreover, for the past number of years, he has been telling the story of his life to other young people, in order to help them also get back on the right path. In doing so, he has helped many young people, and several of them can attest to that. He applied for a pardon two years ago, but things are dragging on.

Recently, Citizenship and Immigration Canada revoked his Canadian citizenship, and a deportation date has already been set. His fate seems already sealed.

He works as the leader of a team specializing in above-ground work related to supply. He is the top-performing team leader in his area. He is a very responsible person and a born entrepreneur. He is resourceful because he can find solutions when conditions are not ideal. He is also very respectful of his employees. Needless to say, he is essential to the company for which he works.

Vietnam is no longer his country. He has been living here for 37 years. His country is Canada. He has six children. One of them has reached the age of majority, but the others are all minors. So this father will be separated from his children. This man will be separated from his wife. He will be separated from his country. This is basically saying that immigrants are second-class citizens.

This example clearly illustrates what we have to be careful about, because Bill C-43 takes away from the minister the responsibility to examine humanitarian and compassionate considerations.

Currently, the minister has the obligation, at the request of a foreign national or on his own initiative, to look at the humanitarian and compassionate considerations related to a foreign national who is deemed inadmissible on grounds related to security, human rights or international rights violations, or organized crime.

If the minister deems it justified, he may grant an exemption for humanitarian and compassionate considerations, taking into account the interests of a child directly affected. However, the new legislation removes that ministerial responsibility.

Why would the government want to divest the minister of the responsibility to take into consideration the children's best interests when a person faces deportation?

[Andrew Cash, NDP, Davenport, ON]

Mr. Speaker, I thank my colleague for her speech and for the wisdom that she brings to this issue and to this House.

These issues are very complex. These issues are never black and white. We all have countless cases that come through our offices where flexibility and an understanding of the details of these cases is very important.

I wonder if my hon. colleague could speak a bit more to the need for a system that could respond to the individual cases of sometimes extreme human tragedy and how we need to be very clear and flexible about some of this stuff.