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.

Faster Removal of Foreign Criminals Act

[Irwin Cotler, Liberal, Mount Royal, QC]

Mr. Speaker, I agree.

I think the proposals included in this bill are hurting immigrants and communities.

[Dany Morin, NDP, Chicoutimi—Le Fjord, QC]

Mr. Speaker, I have a problem with the changes to the act. Currently, the minister has the obligation, following a request by a foreign national, to look at the humanitarian aspects of the situation of a foreign national deemed inadmissible on grounds of security or violations of human or international rights.

However, once Bill C-43 comes into force, the minister will no longer be responsible for taking into account humanitarian grounds. Yet in many cases, when individuals make a refugee claim or apply for permanent residence, humanitarian grounds are critical.

Could the Liberal member could tell us what he thinks of the fact that the minister will no longer be responsible for considering humanitarian grounds?

[Irwin Cotler, Liberal, Mount Royal, QC]

Mr. Speaker, that is why I gave the example of the Iranian woman. They were prepared to deport that immigrant, regardless of the problems deportation to a country where her life was in danger would cause.

I think it is necessary to keep humanitarian grounds in Canada's immigration process, as suggested by the hon. member.

[Robert Aubin, NDP, Trois-Rivières, QC]

Mr. Speaker, I want to be as clear as I can.

Does the hon. member feel that, with Bill C-43, the government is using a cannon to kill a fly and that, in so doing, is completely overlooking the imbalances found in this legislation?

[Irwin Cotler, Liberal, Mount Royal, QC]

Mr. Speaker, the problem is that the government has treated some groups, such as permanent residents and immigrants, as if they posed a threat to Canadian security.

We have to consider the true scale of this issue and not frame it as a criticism of permanent residents as if they were responsible for security breaches in Canada.

That is why there must be processes in place to protect their rights. We must give them the means to defend their rights. We must not give the minister excessive power to make a decision that would violate the Canadian Charter of Rights and Freedoms at the national level or our international obligations.

[Peter Julian, NDP, Burnaby—New Westminster, BC]

Mr. Speaker, I would first like to say that I will share my time with the talented member for La Pointe-de-l'Île, who is new to the House and is doing an excellent job. She will speak second.

I will start by saying that we are at second reading of a bill and we are of course talking about the principle of the bill. The NDP supports the principle that those found guilty of a violent crime must face consequences with respect to their admissibility in Canada. In light of this principle, we could support this bill.

When this bill is referred to committee and is at third reading, we will have to point out its flaws, as my colleague from Mount Royal and our immigration critic, the member for Newton—North Delta, mentioned. We already see that there are flaws. We can support the principle, but we will have to address some of the flaws in this bill.

First and foremost, I must say that the government's record on immigration shows a huge lack of the responsibility that we should be seeing from a government.

I will give just three examples. I have been in the House now for eight years and I have seen over that eight-year period a very clear deterioration in the level of services provided to new Canadians and in the responsiveness of our immigration system.

I am proud to say that my riding of Burnaby—New Westminster is the most diverse riding in Canada. Over a hundred languages are spoken in Burnaby—New Westminster and every major faith is found in my riding. In a very small area of square kilometres, from the Fraser River through to Deer Lake, we see a diversity that goes even beyond that in other ridings, like Surrey North. I know the member of Parliament for that riding feels there is a lot of diversity there, but Burnaby—New Westminster certainly is the most diverse, with Surrey North very much up there in terms of diversity.

Back in 2004 the concerns were about delays in the system, the delays around family sponsorship and visitor's visas. The issue of temporary foreign workers had not really come to the fore because at the time there was still a very clear emphasis within the system on ensuring that Canadians, the residents and people living in the community, were going to work. Now eight years later there has been a very clear deterioration. It has happened because of cutbacks, mismanagement and the inability of the government to handle the immigration file effectively.

That is why when we see bills like this come forward, as my colleague from Trois-Rivières just mentioned, we see them as akin to a cannon going after a fly. Even though we can support the principle, we are seeing a lot of work going into expanding the powers of the minister when, under the existing powers and responsibilities of the minister and the framework of the ministry, things are clearly not working. Therefore, we see this as a political document that is being brought forward with a whole number of weaknesses. The government is not dealing with the fundamental problems that we are seeing now, particularly in regard to new Canadians in the immigration system.

Let us look at those three examples that I cited back from 2004 and where we are today. We are in a climate where over the last six years, 400,000 more Canadians joined the unemployment rolls. We have seen more and more part-time work. We have lost half a million manufacturing jobs. We have actually seen an erosion in the average family wage in Canada. The middle class is eroding every year and its losing about 2% of its purchasing power, so its wages are actually being forced down.

Even though the government likes to make up figures for some kind of job and economic record that really come from science fiction, the reality is that most of the jobs created in our growing population are part-time or temporary. We have replaced full-time family-sustaining manufacturing jobs with temporary and part-time work, and people are trying to cobble together a number of different part-time jobs to try to make ends meet.

In the midst of this, we have seen an unprecedented expansion of temporary foreign workers. These workers are brought in and are not subject to our health and safety standards. We have seen so many cases of abuse in British Columbia and right across the country. Temporary foreign workers are simply being pulled away from the health and safety standards that we have, are paid far below our Canadian standards, are given no rights and are sent home at the end of whatever contract they have. This explosion of temporary foreign workers is something that we see everywhere, whether in construction projects where these workers are housed in poor living conditions or the local Tim Hortons where they are brought in and put into very difficult conditions.

I will give an example. I know of a case where temporary foreign workers were brought in to work at a business in one particular area for a per diem. Because there was no inspection process, no oversight whatsoever, those temporary foreign workers then had to pay an extraordinary compulsory amount to their employer to sleep in a bed in a small basement at night. In other words, they became indentured servants where they were ordered to spend all of the money they earned in the day on astronomical fees for their poor living arrangements. When they tried to move out, the owner told them they would have to keep paying the hundreds of dollars they were being charged every week for their accommodation, even though they were no longer sleeping in those tiny little beds in the basement. That is just one example of the many abuses we are seeing.

Under the current government there has been a widespread explosion of temporary foreign workers being brought in with no monitoring, safety standards and oversight provided, or responsibility taken by the government. That is simply not reflective of Canadian values. That is not reflective of building the kinds of communities that we want to see. It is not reflective of Canada's tradition, wherein new Canadians come here and join our communities, bring their families, contribute and work hard, and as a result the whole community and whole country prospers. This is just one aspect of what has been a very meanspirited approach by the government not in keeping with our fundamental values.

Second is the waiting list for family sponsorships. With a pen the government has simply ripped away and cast out those who have been waiting years, sometimes for up to a decade. The government has said it is starting over with the sponsorships, but what about those hundreds of thousands of people who were waiting?

Third is the whole issue of visitor visas. It has become a daily challenge for any new Canadians who want to have their family to visit them in Canada for births, funerals, marriages and special events. Visitor visas are routinely denied for the most spurious of reasons.

What we are seeing under the government is a failure in the immigration system. The government brings forward legislation that is problematic and riddled with a series of holes and problems. A few minutes ago, my colleague from Mount Royal pointed to possible constitutional challenges.

There is a whole range of special powers given to the minister. It is very clear to us that the minister does not deserve those powers.

Though we may be in favour of the principle of the bill, it has to be reworked at committee. It has to be reworked so that it is actually in Canada's interest.

Above all, the government finally has to start coping with the fact that it is in government, and take responsibility and fix all of the problems that new Canadians are experiencing with the immigration system. It has to get to work on this. We are hoping that with pressure from the NDP, it will finally do just that.

[Claude Gravelle, NDP, Nickel Belt, ON]

Mr. Speaker, I can assure the House that the constituents of the riding of Burnaby—New Westminster have been well-served over the last eight years.

The member said that over the past several years there has been a deterioration in the immigration file. I wonder if he could point out what has deteriorated and what the Conservatives have done to the immigration file over the last six or seven years.

[Peter Julian, NDP, Burnaby—New Westminster, BC]

Mr. Speaker, the member for Nickel Belt has been a very strong representative for northern Ontario in his years in the House, which I know he will continue to be.

I talked about temporary foreign workers and the egregious striking out of those who have waited years to be sponsored to come to Canada.

I want to address the third issue, the temporary visitor visas. We are talking about Canadians who have decided to establish themselves in Canada. All they are asking for when they have a special ceremony for a happy occasion like a wedding or the birth of a child, or a sad occasion like a funeral, is to have their families, loved ones and friends overseas come to visit. Time and time again, tens of thousands of times a year, the government refuses them the opportunity of being with their families, loved ones and friends at critical moments in their lives.

What the government does every day is to treat new Canadians like second-class citizens, when it denies them the ability to be with their loved ones, even for a week. I find the government's record on immigration deplorable when we look at how it hits new Canadians every day who have decided to build a new life in Canada and who want to build that new life without being cut off from their families, friends and loved ones for the rest of their lives. That is indeed what is happening.

There have been cases where people have re-applied half a dozen times and the only reason they were refused is that they did not have a travel history to Canada. That is the only reason. How can they get a travel history to Canada if they are not allowed temporary visitor visas to be with their loved ones here in Canada?

[Marjolaine Boutin-Sweet, NDP, Hochelaga, QC]

Mr. Speaker, the Conservative immigration policy focuses less on family reunification and human considerations and more on the economy. Consider their immigration policies for temporary workers, who come to the country under rather questionable conditions. What does my colleague think?

[Peter Julian, NDP, Burnaby—New Westminster, BC]

Mr. Speaker, please allow me to wish the hon. member for Hochelaga a happy birthday; today is her birthday. As usual, she is spending the day working for her constituents in Hochelaga.

The hon. member just raised a very good point. Temporary workers who come to Canada do not have the same rights as Canadians when it comes to workplace health and safety, nor do they have the same standard of living and wages as other Canadians. The worst is that they make their contribution to Canada and, afterwards, they are sent home. Furthermore, the government has made it harder for families to be reunited in Canada.

This really goes against Canadian values. One of the first things we are going to do when we come to power after the election on October 19, 2015, will be to rebuild a system that this Conservative government will have ruined.

[Ève Péclet, NDP, La Pointe-de-l'Île, QC]

Mr. Speaker, I am very pleased to rise in the House today to speak on Bill C-43. As the hon. member said, this is second reading and, at second reading, members express support for a principle, an idea. It is the same, for example, as negotiating in international gatherings. This might even serve as a little lesson for the Conservatives. Initially, we agree on a principle, not on a treaty or a piece of legislation. So let us discuss a principle here.

Certainly, New Democrats recognize the importance that Canadians attach to their security. We are here to protect the security of Canadians. No one will question that, certainly not the government.

I want to work with the government to ensure that no criminal can gain any advantage from a process and that the process remains just, impartial and fair. I should point out that those words are from the Canadian Charter of Rights and Freedoms. So I am not inventing Canadian values just for the purposes of my speech. Those are the words used to describe our justice system: just, impartial and fair.

We agree on the principle of holding criminals responsible for their actions, of finding them guilty of the crimes they have committed, and of having them suffer the consequences. But we have to reflect on the subsequent process and the values and principles associated with that process. That is precisely why we are here today. We have to ask ourselves which image we want to project, how we want society and people to perceive our system.

Bill C-43 amends a significant number of items. It is important to highlight them. I will begin by pointing out the items that are on the table for discussion. Then I will provide my opinion and make some suggestions to the government.

First, it is important to say that the bill concentrates more powers into the hands of the minister, as if he did not already have enough by virtue of all the bills he has introduced since the election of the majority government. The current minister is likely the Minister of Immigration with the most power in Canada's entire history. I would not make that claim unless I knew it to be true.

Clearly, we do not want Canadians or the rest of the world to view our system as one in which a minister can personally and subjectively determine the eligibility of a temporary resident applicant, regardless of the criteria. It is true that our image and our system influence Canadians, but I would like to make it clear to the government, which claims to be removing barriers and opening itself up to the world, that it is not just removing our economic barriers, but it is also showing the world Canada's image, our values and our principles.

As my colleague said, it is important for the government to take responsibility, to respect and show people what we have fought for for so many years. This must be preserved and cherished as a national treasure, like our national parks and our history.

I should point out that discretionary powers are not common practice in Canadian democratic traditions.

It is good for a country, for a government, to aspire—I am using the word "aspire" because I would not want to say that the government succeeded—to lead the world in terms of the economy and investment, but why not aspire to lead the world in terms of compassion, democracy, justice and equality? Why not? I have never heard my colleagues say anything about that.

I would really like them to stop eliminating these values and principles, so dear to us all, from their speeches in an effort to divide Canadians through the politics of fear. I will touch on that a little later in my speech.

I have a good example. When Conrad Black, a convicted felon who was sentenced abroad, wanted to return to Canada, the minister was quick to say that he wanted the case to be dealt with independently by independent officers. This was very clear from the beginning, and that is what the minister said. However, now he wants to decide the fate of any individual on Canadian soil. In my opinion, this is a contradiction. Once again, we see that the government wants to create different classes: friends of the Conservatives and everyone else.

The NDP wants justice and equality for everyone. Criteria that apply to one person must apply to everyone. It is not true that there are different classes of citizens, permanent residents and even newcomers to Canada.

Personally, if I could give the minister one piece of advice, it would be to spend less time organizing press conferences that paint a very negative picture of immigrants. Instead, the minister should use these policies and focus his efforts on really protecting us from criminals in our ridings, in our streets.

The minister can declare that a foreign national may not become a temporary resident for a maximum of 36 months if he is of the opinion that it is in the public's interest. Thus, the minister may, at any time, revoke a declaration or shorten that period or whatever.

What are the criteria? The discretionary power in question here is not defined and has no framework at all. There is also no appeal process. To whom is the minister accountable? We know how much the Conservatives love to be irresponsible. They talk about responsible ministers and ministerial responsibility. Yet, instead we see quite the opposite from the Conservative government: irresponsible ministers and ministerial irresponsibility have become the new normal in this country.

We are in favour of the principle: criminals who are found guilty must suffer the consequences. However, we are against giving the minister these discretionary powers. We support equality, democracy and justice.

We see here how different our perspectives are. Has it really come to this? Does the official opposition really have to remind the Canadian government what values Canadians hold dear?

What is so unfortunate about the Conservatives' tactic is that they are using fear and playing on the emotions of Canadians—because I know that Canadians are really very passionate people—to introduce somewhat flawed or sometimes even deeply flawed bills. I think that the Conservatives are going in a truly deplorable direction, and I am very disappointed in their lack of co-operation.

The Conservatives are using prejudices and politics of fear to force Canadians to swallow their far-right policies without saying a word. Has it really come to that? Is the role of the official opposition now to remind the government that it does not rule over its own kingdom, but that it represents Canadians? Is this the role of the opposition now? Are we really seeing these types of far-right policies in a country like Canada? I am very disappointed.

We are talking about an optional appeal process. That is absolutely ridiculous. Has it really come to that? Can the minister really decide whether someone is able to appeal or not?

I personally feel that there is a serious problem with that, especially since the bill also removes the responsibility to consider humanitarian circumstances. For example, what will happen with young children who came here at the age of one? They will be deported to a country whose language and culture they do not know and where they could even be tortured. We have obligations to comply with.

In addition, when we look at the definition of serious crime or serious criminality, we see that there is no definition. We are talking about six months or more, whereas it used to be two months or more.

I am really wondering about the Conservatives' new policies on minimum sentences. We have to think about the image we want our justice system to project. Will people have confidence in our government?

I can assure you that the NDP will never violate the values of democracy, justice and equality that Canadians cherish. We are always going to be there to represent the people.

We are not seeking power because we want to rule over our little kingdom, but rather because we want to change things for the better for Canadians.

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

Mr. Speaker, I thank the hon. member for La Pointe-de-l'Île for her excellent speech.

I would like to tell hon. members something. When the bill was introduced and given first reading, we had immigrants come to our office, people who had been in our riding for some time, 10 years or less. There was panic. People thought they were going to be sent back to their countries. They thought that the current criteria were no longer in effect. This created fear. There are very few immigrants in my riding, but there are some nonetheless, some 10,000 people, if not more.

The hon. member spoke about the fear that this bill was going to provoke. I saw it in my own constituency. I saw these people come and cry in the office because they were afraid to be sent back to their country. I would like to hear her speak about that.

[Ève Péclet, NDP, La Pointe-de-l'Île, QC]

Mr. Speaker, I would like to thank the hon. member for her question. Actually, this bill is intended to deport criminals who have committed offences that would be punishable under the Criminal Code by a minimum of six months in jail.

With that in mind, they do not even know if sentences of six months or more constitute serious criminality. I am a law student. I am going to get my law degree next week. The Conservatives' definition of “serious criminality” is down the drain. We are talking about fear. They use fear. We often hear the Minister of Public Safety and the Minister of Citizenship, Immigration and Multiculturalism tell people that the NDP is going to release criminals and that their safety will be compromised if the NDP becomes the government. That is not true. In addition, immigrants, who contribute to the economy, are being treated as though they were not even Canadians.

In fact, the government is really good at dividing. There are the friends of the government and the victims. There are the criminals, women and aboriginals. The government divides people to its own advantage. Divide and conquer is really what the Conservative government is doing now. The government is telling people that they do not deserve its protection and efforts. However, it is a different story for the friends of the government.

People feel marginalized. People feel attacked. They do not even feel at home anymore. They—

[The Acting Speaker, Conservative, Bruce Stanton]

Order, please. We must allow time for one more question.

The hon. member for Chicoutimi—Le Fjord.

[Dany Morin, NDP, Chicoutimi—Le Fjord, QC]

Mr. Speaker, my NDP colleague was talking about the myths that the Conservatives are spreading about the NDP and our position on this bill. I would really like to make one thing clear.

The NDP recognizes the need for an effective legal system in order to deport serious criminals who are not Canadian citizens. However, the Conservative government is casting far too wide a net with Bill C-43. At the end of the day, this bill targets the majority of newcomers who obey the law and do not commit crimes. That is why the NDP is opposed to this bill.

I would also like to know whether my colleague realizes that this bill attacks the wrong people because, as I mentioned, newcomers who are good people and who obey the law are the ones who will be affected. They are living in fear.