Citizenship and Immigration Committee on Oct. 20th, 2010

Evidence of meeting #27 for Citizenship and Immigration in the 40th Parliament, 3rd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was rcmp.

A recording is available from Parliament.

On the agenda

Bill C-35, An Act to amend the Immigration and Refugee Protection Act

MPs speaking

Also speaking

Gregory Israelstam Counsel, Justice Canada, Legal Services, Canada Border Services Agency

Peter Hill Director General, Post-Border Programs, Canada Border Services Agency

Superintendent Joe Oliver Director General, Border Integrity, Royal Canadian Mounted Police

Dale Brown Acting Director, Criminal Investigations Division, Canada Border Services Agency

Sean Rehaag Assistant Professor, Osgoode Hall Law School, York University, As an Individual

Sylvia Cox-Duquette Senior General Counsel, Immigration and Refugee Board of Canada

5:25 p.m.

Liberal

Borys Wrzesnewskyj Liberal Etobicoke Centre, ON

Ms. Cox, have you ever heard of the minister or CIC intervening to vacate a PRA decision in a refugee case?

5:25 p.m.

Senior General Counsel, Immigration and Refugee Board of Canada

Sylvia Cox-Duquette

I can't speak to PRA decisions, but my understanding of IRPA is that vacation and cessation are applications one can bring to the IRB—and I'll only speak to the IRB because I don't want to go down the PRA path—by the minister on those decisions. Those, of course, do occur.

5:25 p.m.

Liberal

Borys Wrzesnewskyj Liberal Etobicoke Centre, ON

I have always assumed that you apply for ministerial intervention to prevent potential harm. Is this a precedent that is being set when you have intervention that, instead of attempting to prevent harm, causes detriment to potential refugees?

5:25 p.m.

Senior General Counsel, Immigration and Refugee Board of Canada

Sylvia Cox-Duquette

I don't know the case you're speaking about. A cessation application is generally based on changes in conditions in the country, and so on.

In a vacation application there must be a misrepresentation of some kind. A vacation application is not an application to debate the protection decision on the merits.

I don't know if that helps you at all.

5:25 p.m.

Conservative

The Chair Conservative David Tilson

This is your last question, notwithstanding that the bells seem to be ringing.

Go ahead.

5:25 p.m.

Senior General Counsel, Immigration and Refugee Board of Canada

Sylvia Cox-Duquette

The other thing the minister can do in the context of the refugee protection division is intervene to exclude. So they can actually come forward as a party in that proceeding to say that the person should not be granted refugee status. All of that is provided for under the legislation.

5:25 p.m.

Conservative

The Chair Conservative David Tilson

I'm going to adjourn the meeting, Mr. Wrzesnewskyj. I think we've come to the end.

I want to thank Ms. Cox-Duquette and Professor Rehaag for their remarks. Thank you very much for coming.

This meeting is adjourned.