Evidence of meeting #41 for Citizenship and Immigration in the 39th Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was c-50.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Jenna L. Hennebry  Assistant Professor, Departments of Communication Studies and Sociology, Wilfrid Laurier University, As an Individual
François Crépeau  Professor of International Law, Centre d'études et de recherches internationales de l'Université de Montréal (CÉRIUM)
Kerri Froc  Legal Policy Analyst, Canadian Bar Association
Stephen Green  Treasurer, Canadian Bar Association

10:40 a.m.

Professor of International Law, Centre d'études et de recherches internationales de l'Université de Montréal (CÉRIUM)

10:40 a.m.

Conservative

Ed Komarnicki Conservative Souris—Moose Mountain, SK

So both the instruction and the application to process by the department would have to be charter compliant. Would you agree?

10:40 a.m.

Professor of International Law, Centre d'études et de recherches internationales de l'Université de Montréal (CÉRIUM)

10:40 a.m.

Conservative

Ed Komarnicki Conservative Souris—Moose Mountain, SK

Then would you agree with me that Bill C-50 does not apply to refugees or other protected persons?

10:40 a.m.

Professor of International Law, Centre d'études et de recherches internationales de l'Université de Montréal (CÉRIUM)

Prof. François Crépeau

I don't see that in here, except for refugees who would be selected abroad with permanent resident visas. There would be a possibility of making these visa applications a priority—give them a priority if we want to—or putting them last on the list.

10:40 a.m.

Conservative

Ed Komarnicki Conservative Souris—Moose Mountain, SK

Let me just narrow this down. What you're saying is that refugees selected abroad are not affected by Bill C-50; Bill C-50 exempts the refugees or protected persons from its application. Agreed?

10:40 a.m.

Professor of International Law, Centre d'études et de recherches internationales de l'Université de Montréal (CÉRIUM)

10:40 a.m.

Conservative

Ed Komarnicki Conservative Souris—Moose Mountain, SK

And are you saying that refugees making applications within Canada are not excepted within this Bill C-50 legislation?

10:40 a.m.

Professor of International Law, Centre d'études et de recherches internationales de l'Université de Montréal (CÉRIUM)

Prof. François Crépeau

That's a good question. Do you mean when they have been recognized as refugees by the IRB and then they apply for permanent residence?

10:40 a.m.

Conservative

Ed Komarnicki Conservative Souris—Moose Mountain, SK

My question is simple. Are those in-Canada applications—

10:40 a.m.

Professor of International Law, Centre d'études et de recherches internationales de l'Université de Montréal (CÉRIUM)

Prof. François Crépeau

Good question. I hadn't thought of that.

10:40 a.m.

Conservative

Ed Komarnicki Conservative Souris—Moose Mountain, SK

—exempted under Bill C-50 or not? Do you know?

10:40 a.m.

Professor of International Law, Centre d'études et de recherches internationales de l'Université de Montréal (CÉRIUM)

Prof. François Crépeau

I don't know. I wouldn't see why they would be exempted. I'd have to check—

10:40 a.m.

Conservative

Ed Komarnicki Conservative Souris—Moose Mountain, SK

Okay. While you're thinking on that, for both the instructions to be charter compliant and for the application of the process under the instruction to be charter compliant, it would have to be non-discriminatory, not based on race, religion, or ethnicity. Would you agree with me on that?

10:45 a.m.

Professor of International Law, Centre d'études et de recherches internationales de l'Université de Montréal (CÉRIUM)

Prof. François Crépeau

That would be one element for sure, yes.

10:45 a.m.

Conservative

Ed Komarnicki Conservative Souris—Moose Mountain, SK

Going back to Ms. Hennebry, have you had a chance to look at the specific section, 87.3, that you say refers to temporary foreign workers?

10:45 a.m.

Assistant Professor, Departments of Communication Studies and Sociology, Wilfrid Laurier University, As an Individual

Dr. Jenna L. Hennebry

Yes. Here I was referring not to the fact that this leads necessarily to an increase, but that right here in this section we basically have the statement that, in the opinion of the minister, the applications can be processed. So my concern would be—

10:45 a.m.

Conservative

Ed Komarnicki Conservative Souris—Moose Mountain, SK

Wait just a second. Specifically, which portion of section 87.3 are you referring to?

10:45 a.m.

Assistant Professor, Departments of Communication Studies and Sociology, Wilfrid Laurier University, As an Individual

Dr. Jenna L. Hennebry

In section 87.3 you've got applications for a permanent resident status under subsection 21(1) or temporary resident status under subsection 22—

10:45 a.m.

Conservative

Ed Komarnicki Conservative Souris—Moose Mountain, SK

Where does it refer there to temporary foreign workers? What you mentioned to me doesn't specify temporary foreign workers.

10:45 a.m.

Assistant Professor, Departments of Communication Studies and Sociology, Wilfrid Laurier University, As an Individual

Dr. Jenna L. Hennebry

No, this isn't specifically about foreign workers; this is about people applying to come in—

10:45 a.m.

Conservative

Ed Komarnicki Conservative Souris—Moose Mountain, SK

Okay, but I'm specifically asking you what part of section 87.3 refers to temporary foreign workers, because that's what I thought you were alleging.

10:45 a.m.

Assistant Professor, Departments of Communication Studies and Sociology, Wilfrid Laurier University, As an Individual

Dr. Jenna L. Hennebry

It says “applications for visas or other documents”, work visas essentially, or temporary resident status.

10:45 a.m.

Conservative

Ed Komarnicki Conservative Souris—Moose Mountain, SK

And which wording are you using?

10:45 a.m.

Assistant Professor, Departments of Communication Studies and Sociology, Wilfrid Laurier University, As an Individual

Dr. Jenna L. Hennebry

As work visas or as temporary resident status.