Faster Removal of Foreign Criminals Act

An Act to amend the Immigration and Refugee Protection 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 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.

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

Feb. 6, 2013 Passed That the Bill be now read a third time and do pass.
Jan. 30, 2013 Passed That Bill C-43, An Act to amend the Immigration and Refugee Protection Act, {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
Jan. 30, 2013 Failed That Bill C-43 be amended by deleting Clause 32.
Jan. 30, 2013 Failed That Bill C-43, in Clause 13, be amended by replacing line 21 on page 4 with the following: “interests, based on a balance of probabilities;”
Jan. 30, 2013 Failed That Bill C-43, in Clause 9, be amended by replacing lines 12 to 15 on page 3 with the following: “— other than under section 34, 35 or 37 with respect to an adult foreign national — or who does not meet the requirements of this Act, and may, on request of a foreign national outside Canada — other than an adult foreign national”
Jan. 30, 2013 Failed That Bill C-43 be amended by deleting Clause 5.
Jan. 30, 2013 Failed That Bill C-43, in Clause 6, be amended by replacing, in the English version, line 20 on page 2 with the following: “may not seek to enter or remain in Canada as a”
Jan. 30, 2013 Failed That Bill C-43 be amended by deleting Clause 1.
Jan. 30, 2013 Passed That, in relation to Bill C-43, An Act to amend the Immigration and Refugee Protection Act, not more than one further sitting day shall be allotted to the consideration at report stage and one sitting day shall be allotted to the third reading stage of the said Bill; and fifteen minutes before the expiry of the time provided for government business on the day allotted to the consideration of report stage and of the day allotted to the 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.
Oct. 16, 2012 Passed That the Bill be now read a second time and referred to the Standing Committee on Citizenship and Immigration.

Faster Removal of Foreign Criminals ActGovernment Orders

September 24th, 2012 / 5:35 p.m.
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NDP

Sadia Groguhé NDP Saint-Lambert, QC

Mr. Speaker, I would like to begin by congratulating my colleague on his speech. Like him, I am of course worried about how immigrants have been demonized over the past few months. These people are being singled out and labelled as fraudsters who have come to exploit the system. Not only do I find that kind of discourse appalling, but it also stigmatizes part of our population.

I would like to come back to the minister's discretionary powers. We should point out that it is not clear that more discretion should be given to the minister. We do not believe that these powers will make the process any more equitable or fair. What are my colleague's thoughts on that?

Faster Removal of Foreign Criminals ActGovernment Orders

September 24th, 2012 / 5:40 p.m.
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NDP

Jamie Nicholls NDP Vaudreuil—Soulanges, QC

Mr. Speaker, I know from first-hand experience that this government demonizes immigration. I am married to a Canadian citizen, but at one time, she was a permanent resident. I saw the entire process that she had to go through to become a Canadian citizen. I would like to paint a clear picture for Canadians: it is not easy to become a Canadian citizen. Many of my friends told me that, since I was Canadian, the fact that I married a foreigner would automatically make her a Canadian citizen. That is not how it works.

Instead of giving powers to the minister, we could improve the immigration system overall, which will not happen if we demonize immigrants. The government needs to show some leadership and introduce some smart initiatives in order to improve the entire immigration system.

Faster Removal of Foreign Criminals ActGovernment Orders

September 24th, 2012 / 5:40 p.m.
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NDP

Hélène LeBlanc NDP LaSalle—Émard, QC

Mr. Speaker, I would like to thank my colleague for his speech, in which he raised some very important points.

We could all benefit from the human potential that newcomers bring to Canada, either with their personal characteristics or through their varied personal and professional experiences. My colleague described all this quite clearly in his speech.

In his view, how could we make it possible for all of Canadian society to benefit from the arrival of these newcomers?

Faster Removal of Foreign Criminals ActGovernment Orders

September 24th, 2012 / 5:40 p.m.
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NDP

Jamie Nicholls NDP Vaudreuil—Soulanges, QC

Mr. Speaker, underemployment among immigrants is a very serious problem, and there is a cost associated with it. Immigrants who have difficulty finding a job cost Canada $5.9 billion per year.

We all know a taxi driver with a medical or law degree. We have all met people who were professionals in their home country, but who work here in Canada as taxi drivers or as clerks at Tim Hortons or McDonald's. They are underemployed by our society.

After trying to improve this situation over the past six years, the Conservatives set up a modest loan program for professionals, but this is not enough. This issue must be taken seriously and concrete steps must be taken. The problem cannot be solved just by throwing money at it. We must provide funding for language programs and other similar courses, but we also have to change the mentality of Canadians. Programs that help Canadians appreciate immigrants are needed.

By playing political games, the Conservative Party is demonizing our immigrants; what the Conservatives should do is tell Canadians that immigrants can contribute even more to our society and that they can help our economy grow.

Instead of doing this, the government would rather criminalize immigrants and give Canadians the idea that immigrants are criminals.

Faster Removal of Foreign Criminals ActGovernment Orders

September 24th, 2012 / 5:45 p.m.
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NDP

Mike Sullivan NDP York South—Weston, ON

Mr. Speaker, I want to ask my colleague if he would agree with me that while some of what is in the bill is welcome in that it prevents an abuse of the system, the overall push by the Conservative government is in the wrong direction.

In fact, there are many bigger problems with our immigration system that need attention long before this does and we should see from the government ways to fix the length of time it takes to reunite families, the length of time it takes for people to become Canadian citizens and the irrationality of some of the deportation systems that exist. Would he agree with me on that?

Faster Removal of Foreign Criminals ActGovernment Orders

September 24th, 2012 / 5:45 p.m.
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NDP

Jamie Nicholls NDP Vaudreuil—Soulanges, QC

Mr. Speaker, I certainly would agree. When we make very concrete proposals, proposals that make good sense, the Conservatives start name-throwing at us. At one point, the Minister of Immigration characterized me as an anarchist, for instance, and said that I keep company with anarchists, even though I stand in this place, which obviously is not a den of anarchists at all.

I am also proud to say that I have read the text of Emma Goldman, Bakunin, Bookchin and that I have sympathies with some of these philosophers. I am not shy of the fact that I have read these books and I would much rather be someone who has read these thinkers than somebody who listens to the Paul Fromms and Doug Christies of the world.

When the minister claims things like the Canadian public wants the Sun Sea to be kept from our shores and others like that prevented, I wonder if the Canadians he is talking about are the Paul Fromms and the Doug Christies of Canada.

Faster Removal of Foreign Criminals ActGovernment Orders

September 24th, 2012 / 5:45 p.m.
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NDP

Sadia Groguhé NDP Saint-Lambert, QC

Mr. Speaker, I would like to start by saying that I will share my time with my colleague from Rivière-des-Mille-Îles.

On June 20, 2012, the Minister of Citizenship, Immigration and Multiculturalism held a press conference to introduce Bill C-43, which has some provisions for the faster removal of foreign criminals to their country of origin.

This bill would allow for the faster deportation of foreigners and permanent residents who are convicted of a serious crime in Canada or abroad, and it would refuse them access to the Immigration Appeal Division. To that end, the bill redefines “serious criminality” as being any crime that was punished in Canada by a term of imprisonment of at least six months, instead of the period of two years that is currently found in the Immigration and Refugee Protection Act.

Furthermore, with Bill C-43, the government is asking this House to once again grant increased and unlimited discretionary powers to the Minister of Citizenship, Immigration and Multiculturalism, including the power to agree or refuse to grant temporary resident status to an individual for a maximum period of 36 months based on public policy considerations, without specifying or defining “public policy”.

Finally, Bill C-43 provides for imposing additional, more stringent conditions with regard to permanent residence for foreign nationals who are deemed inadmissible on security grounds. It also proposes eliminating the power granted to the minister to review a humanitarian application from a foreign national who is inadmissible to Canada when there is reason to believe that he has been involved in the crimes described in section 34 and subsequent sections of the current Immigration and Refugee Protection Act.

The security of Canadians has always been and is still a priority for New Democrats. Without handing the government a blank cheque, the NDP believes it is possible to work with the government to prevent foreign nationals who have been involved in serious crimes from using stalling tactics successfully to delay their deportation from Canada.

However, because Canada enforces the rule of law, the NDP would like to remind this House that measures to enforce our legislation must never violate the principle of the rule of law, the national obligations entered into by Canada under the Canadian Charter of Rights and Freedoms and international human rights agreements. Finally, measures to enforce our legislation must not violate the principles of fundamental justice when they involve the right to life, liberty and security of the person.

In a number of cases in which the government has been unsuccessful, our courts have consistently reiterated the importance, in the words of Justice Zinn of the Federal Court, of “the balancing necessary in a constitutional democracy that follows the rule of law.” They have repeatedly held that foreign nationals on Canadian territory have the right to claim the legal and judicial guarantees available under our legislation. The Singh decision, handed down by our Supreme Court, illustrates this principle.

In that case, the Supreme Court informed the government that asylum seekers who are in Canada are entitled to fundamental justice when their normal or accelerated deportation to another country means they are likely to be tortured or exposed to threats to their life, their freedom or their safety. In another case, the Supreme Court held that, in a democracy, not every response is available.

Unfortunately, when judges hand down decisions concerning asylum seekers, decisions that frustrate the Conservatives' political imperatives, they are subject to virulent attacks by the Minister of Citizenship, Immigration and Multiculturalism, who accuses them, as he did on February 11, 2011, of acting on a whim, or perhaps in a fit of misguided magnanimity. It is unacceptable to question the independence of our judges when they refuse to facilitate the achievement of the Conservatives' political aims or when they refuse to base their decisions on elements other than legal, justice and equity considerations.

In his speech, the minister complained about judges who, in his view, have been preventing him from deporting a foreign criminal for six years. He publicly discredited the guardian of the law and the rule of law, that is, the judiciary, by suspecting Canadian judges of frequently handing down prison terms of less than two years for the sole purpose of blocking the criminal's rapid deportation.

The minister also attacks Canadian judges every time they reverse or overturn the careful decisions he says are made by the highly trained public servants on administrative tribunals and even other judges.

The Minister of Citizenship, Immigration and Multiculturalism's criticisms of Canadian judges lead us to believe that, for the Conservatives, decisions regarding the removal of foreign criminals must be made without the possibility of appeal regardless of who makes the decision and the irregularities involved. For the Conservatives, judges who rule on cases involving the removal of foreign criminals must make their decisions based on the Conservatives' political and ideological imperatives rather than on the rule of law. That is unacceptable.

Such a vision of justice is not that of a country in which the rule of law prevails and where there is a permanent separation of power among the legislature, the executive and the judiciary in order to prevent abuse and maintain constitutional order. The lord that Justice Zinn cites found this tension to be acceptable because it demonstrates that the courts are performing their role of ensuring that the actions of the government of the day are being taken in accordance with the law. Lord Woolf concludes by saying that the tension is a necessary consequence of maintaining the balance of power between the legislature, the executive and the judiciary.

As set out in the preamble of the Constitution Act, 1867, Canada is founded on the rule of law. According to Justice Zinn: “The rule of law provides that the Government and all who exercise power as a part of the Government are bound to exercise that power in compliance with existing laws.”

The courts are the institutions that the Constitution charged with ensuring that the government's decisions, including decisions regarding the removal of foreign criminals, are being made in compliance with the existing laws.

While ensuring that the safety of Canadians is not jeopardized, the NDP is reaffirming its concern and its willingness to place more emphasis on improving the equality and speed of the immigration system for the majority of people who have not committed any crimes and who follow the rules.

Clearly, there is a need to protect the integrity of our immigration system. This is especially true since many workers in the area of refugee rights, in particular members of the Canadian Council for Refugees, have been calling for a reform of the system for many years.

The flaws in our immigration system are well known. However, unfortunately, the Conservatives are using a small number of high profile cases—usually involving permanent residents who were charged with serious crimes and then used the appeal process to delay their deportation—to justify the need to have a faster process for deporting foreign criminals who are living in Canada. The minister's office describes the bill as tough but fair, and repeats that it is easy for non-citizens to avoid deportation: all they have to do is not commit any crimes.

The current Immigration and Refugee Protection Act contains clear provisions that enable law enforcement authorities to be tough on criminals who try to abuse our immigration system. For example, it sets out that foreigners found guilty of crimes must be deported from Canada immediately, and it recognizes the detention authority of officials.

Officials may detain individuals without a warrant and arrest individuals who cannot produce identification.

Furthermore, there are more categories of people who are inadmissible to Canada than under the previous Immigration Act of 1985. Under the IRPA, foreigners may be deemed inadmissible for a number of reasons, including under section 34, for being a danger to security, section 35, for jeopardizing human rights, section 36, for acts of serious criminality or, section 37, for being involved in organized crime, section 40, for misrepresentation, and for terrorist acts.

Under section 52 of the act, individuals facing a deportation order must leave Canada immediately and never return.

Under the Immigration and Refugee Protection Act individuals cannot appeal a removal order for jeopardizing security, for human or international human rights violations, or for organized criminality. The Act denies them the right to have the decision reviewed. Smugglers are subject to particularly deterrent sentences.

Instead of making the necessary corrections to make their department run smoothly, the Conservatives are trying to circumvent all control, even the control of judges.

We demand that the individuals affected have the opportunity to go before a judge to contest expedited removals order concerning them.

The application of removal measures must respect the balance between the need to safeguard Canadians and national and international human rights obligations. A measure—

Faster Removal of Foreign Criminals ActGovernment Orders

September 24th, 2012 / 5:55 p.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

Order. I am sorry to interrupt the hon. member, but her time has expired.

The hon. member for Winnipeg North.

Faster Removal of Foreign Criminals ActGovernment Orders

September 24th, 2012 / 5:55 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, when the minister brought in this legislation and introduced it to Canadians for the first time back in June, in the dying days of the session, he provided the top five reasons for a fast removal of foreign criminals. We do have a difficult time with why he would call them foreigners, as permanent residents, but that is another issue. In that backgrounder, he listed five individuals. I am sure the member has likely seen the five individuals. There is very little doubt about the problems they have caused in Canadian society.

When we in the Liberal Party see the very character of these types of individuals, we, too, are concerned. We do not want to see individuals of this nature taking advantage of their residency and we see the value of deporting them in a timely fashion? However, would the member agree that this legislation, amended properly, would be able to deal with these type of individuals and that the government needs to be open-minded in approaching committee stage and hopefully making the necessary amendments?

Faster Removal of Foreign Criminals ActGovernment Orders

September 24th, 2012 / 5:55 p.m.
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NDP

Sadia Groguhé NDP Saint-Lambert, QC

Mr. Speaker, I thank my colleague for the question.

Clearly, it is absolutely crucial that we be able to deport criminals like that. The discourse we have been engaging in so far demonstrates how much we want to debate the substance and form of this bill, and we sincerely hope that the amendments we would like to make to this bill will be heard in committee.

Faster Removal of Foreign Criminals ActGovernment Orders

September 24th, 2012 / 6 p.m.
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NDP

Tarik Brahmi NDP Saint-Jean, QC

Mr. Speaker, I congratulate my colleague. We very much appreciated her enthusiasm.

She gave a very compelling example of the link that is sometimes made between immigration and crime in the collective unconscious. I wonder if she could expand on her thoughts on the consequences this can have?

In practice, the actions of a very small minority, just a few individuals who are serious criminals, reflect on the entire community to which they belong, and that is extremely unfortunate for the rest of the community.

Faster Removal of Foreign Criminals ActGovernment Orders

September 24th, 2012 / 6 p.m.
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NDP

Sadia Groguhé NDP Saint-Lambert, QC

Mr. Speaker, I would like to thank my colleague for his question.

Obviously, attempting to stigmatize people, immigrant communities in this case, is dangerous and uncalled for. People who hear those kinds of messages quickly begin stereotyping others. They forget how critically important it is to our country, a land of immigrants, to bring in skilled people who want to settle in Canada. They want to bring their skills and their ingenuity and participate in our country's economic development.

In a way, this approach covers up that aspect and emphasizes only divisive issues, focusing only on stories that play up the dark side of the situation. We would do better to put more effort into family reunification and reducing the length of time that takes. Economically, we would be better off doing more to support the integration of skilled people who end up spending a year or two or even more looking for work in our society.

Faster Removal of Foreign Criminals ActGovernment Orders

September 24th, 2012 / 6 p.m.
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NDP

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

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

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

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

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

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

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

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

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

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

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

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

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

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

He also said:

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

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

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

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

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

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

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

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

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

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

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

Faster Removal of Foreign Criminals ActGovernment Orders

September 24th, 2012 / 6:10 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, the Liberal caucus has expressed a great deal of concern regarding that particular minister desiring more and more power. Examples of that include the minister deciding what countries are safe countries even though it was recommended that it be an advisory panel of human rights experts that decide. That would have been a better way to hold the minister in check. Also, the minister took on the responsibility of determining who or what grouping of two or more individuals is to be deemed as an irregular. Today we have legislation before us with the minister saying that he wants to be able to deny individuals the ability to come to Canada on a temporary visa.

I wonder if the member would like to comment on the power grab that the minister seems to be fixated on. Does she believe that there is a need to make some changes to hold the Minister of Citizenship, Immigration and Multiculturalism more in check for his actions?

Faster Removal of Foreign Criminals ActGovernment Orders

September 24th, 2012 / 6:10 p.m.
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NDP

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

Mr. Speaker, my hon. colleague raises a very good point. We are fortunate to live in a country with some of the best courts in the world.

I have to wonder why the government is undermining the judicial process by putting more arbitrary power in the minister's hands. Canada has very good courts and should make use of them.

Many people in my riding have come to my office to try to obtain visas so their loved ones can attend baptisms, weddings and funerals, but they cannot obtain them.

Instead of attacking scapegoats, the government should be addressing the immediate problems facing Canadians.