Citizenship and Immigration Committee on Feb. 12th, 2009

[The Chair, Conservative, David Tilson]

I'm just trying to figure out what's going on.

So you're going to consent that motion number three is going to proceed.

It's Mr. Bevilacqua's paper, so we'll let him do that.

Are you okay with that? Okay.

[Jim Karygiannis, Liberal, Scarborough—Agincourt, ON]

I'd like to move the motion right away, if I can.

[The Chair, Conservative, David Tilson]

Sure. Perhaps you could read that, please.

[Jim Karygiannis, Liberal, Scarborough—Agincourt, ON]

I'd like to move motion two. It reads:

That, in the opinion of the Committee, the government should deport no one to Sri Lanka until a safe environment exists there, and that it should expedite any family class sponsorships from the danger zone; that the Committee adopt these recommendations as a report to the House and that, pursuant to Standing Order 108(1), the Chair present it to the House.

[The Chair, Conservative, David Tilson]

We're overlooking some rules, but the chair rules that is in order.

Do you have some comments to make on your motion, Mr. Karygiannis?

[Jim Karygiannis, Liberal, Scarborough—Agincourt, ON]

We've seen clearly that the turmoil in Sri Lanka is accelerating. For the last thirty years, people have come from Sri Lanka to make this country a home, either emigrating to Canada or seeking refuge in this country. We've heard that the family class sponsorships are taking a long time, especially from the area in the danger zone. I have cases in my office that are taking two and three years, and keeping a family apart--husband and wife and children--for two or three years is too long. This committee and the House and consecutive governments have moved to expedite sponsorships, especially family class, from areas of danger, be it Iraq, which this government did, be it when we had the earthquake in Muzaffarabad, be it when we had the tsunami, and so on.

So with that in view I'm presenting that we move it quickly and report it to the House.

[The Chair, Conservative, David Tilson]

Mr. Dykstra and then Ms. Chow.

[Rick Dykstra, Conservative, St. Catharines, ON]

While I appreciate where Mr. Karygiannis is trying to go here in terms of assisting those in another country in a very unstable and insecure environment, at the same time, if you look at his motion, “the government should deport no one to Sri Lanka until a safe environment exists there”, we have no determination as to what “safe environment” means. We don't know whether that would be tomorrow, we don't know whether that would be in a year, we don't know whether that would be in fifty years. There's no determination and qualification or quantification, quite frankly, of what that actually means.

Certainly we want to make sure we reiterate our concerns for the victims and the families that have been involved in the conflict that has arisen there. When we have these issues, they aren't just with one country and one country alone. They deal with a number of countries. When a serious conflict is occurring that directly affects or impacts Canadian citizens or permanent residents or their relatives, the ministry responds with a very humane and flexible approach. They have, within the existing IRPA and regulations, the ability to take family reunification, for one. They're able to ensure that is put forward in a much quicker manner and that families are reunited quickly.

We don't need special measures to deal with this conflict, because in fact we already have appropriate legislation, the regulatory authority, to deal with these, because it is an exceptional circumstance. This country is in exceptional circumstance in terms of what's happening there. We can process applications on humanitarian and compassionate grounds. We're well equipped to operate within the existing operations to process priority cases that we see and hear about. We have visa officers who will continue to issue temporary resident visas to any applicant who meets requirements of the IRPA.

Whether this committee wants to pass a motion that suggests this, we cannot, as a committee, act outside of the legislation. We cannot act outside of the regulations. We can pass motions that suggest we do that, but the motion in itself is not going to be able to allow the minister or, quite frankly, ministry officials to act outside of the current legislation within the Immigration and Refugee Protection Act.

Ms. Chow was wondering about numbers. As of September 2008, Colombo issued over 3,200 permanent resident visas in all categories, including approximately 1,200 visas to persons in the family class, which included spouses, children, and parents. The approval rate for family class cases is 91%, so we are certainly ensuring that in this case we are doing everything we can with respect to family reunification.

As of the end of September 2008, the mission in Colombo had processed 80% of its spousal cases within 13 months.

[Jim Karygiannis, Liberal, Scarborough—Agincourt, ON]

On a point of order, Mr. Chair, would the parliamentary secretary like to table that?

[Rick Dykstra, Conservative, St. Catharines, ON]

I'm reading them right into the record, so they are being tabled, Mr. Karygiannis.

[Jim Karygiannis, Liberal, Scarborough—Agincourt, ON]

After you read them, would you table that?

[Rick Dykstra, Conservative, St. Catharines, ON]

These are my own notes; these are not notes—

[Jim Karygiannis, Liberal, Scarborough—Agincourt, ON]

These are notes you got from the department?

[Rick Dykstra, Conservative, St. Catharines, ON]

If you want me to enter my notes, I'm happy to do that.

[The Chair, Conservative, David Tilson]

Speak through the chair, folks, please. We have a point of order.

Mr. Dykstra has said they're his own personal notes, and so I don't think he has to table them. He's reading information into the record.

Carry on.

[Rick Dykstra, Conservative, St. Catharines, ON]

While I do understand the intent of the motion in terms of trying to help those who are in need, there are Canadian citizens who would say they have relatives in other countries who are in like situations and would like the same kind of treatment or the same kind of motion to come forward. It's why we have the act. It's why we leave within the act itself the ability for the ministry to act quickly, to act appropriately, and where possible, to act in a way that shows we are trying to bring families back together.

I would simply suggest to you, through you, Mr. Chair, that this motion not carry. Quite frankly, the ministry is in a position to deal with the issues at hand, is working to do that; and thirdly, there's no definition within the motion that suggests what a safe environment would be and when we could actually return.

So I would simply say to the member that we should not support the motion and we should continue to work with the families who have relatives who want to come to this country.

[The Chair, Conservative, David Tilson]

Okay.

Ms. Chow, Mr. Karygiannis, and then Ms. Mendes.

[Olivia Chow, NDP, Trinity—Spadina, ON]

Mr. Chair, I'm amending it by adding three words. So it would say “and that it should expedite any family class”—

[The Chair, Conservative, David Tilson]

Sorry, where is that?

[Olivia Chow, NDP, Trinity—Spadina, ON]

I'm just about to say that.

The three words are “and refugee claimants”. So look at the second line: “and that it should expedite any family class sponsorships and refugee claimants from the danger zones”. Okay? So I'm just adding three words.

[The Chair, Conservative, David Tilson]

So it would be “and refugee claimants”. Thank you, Ms. Chow.

That's an amendment to the motion.

[Olivia Chow, NDP, Trinity—Spadina, ON]

Yes. The reason I'm moving that amendment is that there's a civil war going on. There are anywhere up to...it depends on the figure; it could be 70,000, 30,000, 300,000 Tamils trapped in the war zone. There are conflicting reports. There's a desperate situation. Whether it's medical supplies or humanitarian aid, it is a very dire situation there.

Canada has committed some money, has called for a ceasefire. We had an emergency debate, and it was a good debate, but a lot more needs to be done, especially from the immigration department. I don't doubt that the visa office is doing what it can, but I think we, as the immigration committee, have a responsibility to express our opinion as to why we need to expedite sponsorships and refugee claimants from the danger zone. It is dangerous there, and we all admit that, so I see no reason for us not to approve this motion in front of us.

[The Chair, Conservative, David Tilson]

Mr. Karygiannis, and then Madam Mendes.

[Jim Karygiannis, Liberal, Scarborough—Agincourt, ON]

Mr. Chair, for the parliamentary—

[Alexandra Mendes, Liberal, Brossard—La Prairie, QC]

Do we have to vote on the amendment?