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.
11:35 a.m.
Conservative
Ed Komarnicki Conservative Souris—Moose Mountain, SK
Ultimately, the government of the day is responsible to the electors of Canada, who decide whether they want the government's various policies or not. Would you agree?
11:35 a.m.
Conservative
Ed Komarnicki Conservative Souris—Moose Mountain, SK
So whether you have legislative changes or regulatory changes, it ultimately depends on the government of the day, does it not?
11:35 a.m.
Conservative
Ed Komarnicki Conservative Souris—Moose Mountain, SK
Of course, in a minority government you might not be able to change legislation or regulation very easily, so it may not respond to a need in the system.
11:35 a.m.
Conservative
Ed Komarnicki Conservative Souris—Moose Mountain, SK
Now, the previous Liberal minister responsible for citizenship and immigration said we're not doing the system justice by taking applications that aren't going to get processed for years and years. It doesn't make any sense to continue to take these names. The reality is that we need to change the system. Would you agree that changing the system is the issue?
11:35 a.m.
Treasurer, Canadian Bar Association
I agree that we support a change in the system to fix this backlog.
11:35 a.m.
Conservative
Ed Komarnicki Conservative Souris—Moose Mountain, SK
Now, the instruction issued by the minister must, in her or his opinion, be the goals that are set by the government of the day. Is that not right?
11:40 a.m.
Treasurer, Canadian Bar Association
Of the government of the day, but not of the Immigration and Refugee Protection Act.
11:40 a.m.
Conservative
11:40 a.m.
Treasurer, Canadian Bar Association
Correct--of the government of the day. But she is not obliged under this legislation to hear the input from other people.
11:40 a.m.
Conservative
Ed Komarnicki Conservative Souris—Moose Mountain, SK
Whether you proceed by legislation or regulation or proceed by instruction, in either case input is taken from stakeholders, from those interested, to whichever body, but ultimately that input has to go to the government of the day for action to be taken. Wouldn't you agree?
11:40 a.m.
Treasurer, Canadian Bar Association
From the regulation standpoint, yes. From the instruction standpoint, no. There's nothing in this legislation that states that the minister has to take input.
11:40 a.m.
Conservative
Ed Komarnicki Conservative Souris—Moose Mountain, SK
But the minister, obviously, if she's going to be responsible to the cabinet or the government of the day--and the government is responsible to the electors--would obviously want to take into account what people may have to say about a particular instruction.
11:40 a.m.
Treasurer, Canadian Bar Association
One would hope, but one questions.... From a legislative authority, it's not there. And we've heard great talk that it is not the intention to affect family class, but the legislation is very clear that the instruments affect family class. So I would say we would want to see this in a legislative mode, as it is with respect to regulations.
11:40 a.m.
Conservative
Ed Komarnicki Conservative Souris—Moose Mountain, SK
But you would agree with me that the legislative mode and the regulatory mode, in the last decade, at least, have not addressed any specific changes that might reflect on reducing the backlog.
11:40 a.m.
Treasurer, Canadian Bar Association
I can't answer that. Obviously, from the factual situation, no, the backlog has increased.
11:40 a.m.
Conservative
Ed Komarnicki Conservative Souris—Moose Mountain, SK
Now, one thing that Bill C-50 would do, as amended, at least going forward, is stop the backlog from growing. You would agree with that.
11:40 a.m.
Treasurer, Canadian Bar Association
Sure, and I think the other gentleman who was here brought that wonderful example about our criminal courts being full and people are waiting. Do we just say everyone is guilty and throw them in jail?
11:40 a.m.
Conservative
Ed Komarnicki Conservative Souris—Moose Mountain, SK
No, but the fact of the matter is that the backlog would not grow because not every application would necessarily have to be considered. Agreed?
11:40 a.m.
Treasurer, Canadian Bar Association
Not every application under this would have to be considered, no.
11:40 a.m.
Conservative
Ed Komarnicki Conservative Souris—Moose Mountain, SK
And in line with what the previous Liberal immigration minister said, simply adding more applications doesn't solve the problem either, does it?
11:40 a.m.
Treasurer, Canadian Bar Association
No, but perhaps if we left the system the way it is.... At least, if we advise people, as the United States does, it's going to take 10 years to bring your brother and sister, that would be a step forward.
11:40 a.m.
Conservative
Ed Komarnicki Conservative Souris—Moose Mountain, SK
Would you agree with me that the issuance of instruction would have to be compliant with the charter?