Citizenship and Immigration committee  Mr. Chair, I explained earlier the scenario of two workers from different countries and with varying backgrounds being offered the same job. If there was any evidence that would suggest there was risk in performing a certain job in a certain situation, given the individual circumstances, an officer might, even with instructions, decide to issue a permit to someone because the individual did have the language skills and the resources to be able to manage as opposed to refusing an applicant who might not have those personal attributes to allow them to avoid being placed in a situation of abuse.

Citizenship and Immigration committee  Mr. Chair, Bill C-17 would build on some of the things that have already been done. In June, the minister announced an extension of the temporary resident permit for victims of trafficking from 120 to 180 days. This allows them to have access to services, including trauma counselling.

Citizenship and Immigration committee  It was 21 in 2006.

Citizenship and Immigration committee  Yes, a lot of the authorities around monitoring and compliance can be done through regulation. One missing piece that Bill C-17 does move to fill is the whole issue of negative discretion based on the individual circumstances. So even though the employer may have a legitimate job to offer in Canada, if in fact there is evidence that the person in their individual circumstances could be abused, or is at risk of exploitation, we would be able to refuse the work permit for their protection.

Citizenship and Immigration committee  Yes.

Citizenship and Immigration committee  That's correct.

Citizenship and Immigration committee  With the growth of the temporary foreign worker program over the last number of years, we really do need to look at a suite of measures to ensure that while the economy gets the skills it needs, we are putting in place the appropriate checks and balances to make sure that workers are not going to be abused or exploited by unscrupulous employers or recruiters or agents.

Citizenship and Immigration committee  I think part of the question you're asking relates to the issue of human trafficking. There are penalties in the Criminal Code for human trafficking as well.

Citizenship and Immigration committee  That could be a question our officers could ask, but again, it would depend on the response from the person they're interviewing and who wants to come to Canada, and if they do not provide that information.... Even then, to be able to go after unscrupulous recruiters, unless we have the cooperation of local authorities, it is very difficult for us to shut those activities down.

Citizenship and Immigration committee  We would have to look at the evidence we might be able to gather linking that directly to abuse and exploitation. We haven't yet got to the point—

Citizenship and Immigration committee  If we receive evidence of wrongdoing, we can refer that to the Canada Border Services Agency for investigation, and they can work with the RCMP to move to criminal proceedings, if they're able to determine enough evidence.

Citizenship and Immigration committee  As part of the broader reforms we're looking at, where a worker finds themself in a situation not of their own making, where they may have been threatened by an employer or fired, we are looking at mechanisms to be able to deal with them so that the worker is not penalized, but there are some sanctions placed against the employer.

Citizenship and Immigration committee  This bill gives the Minister the power to develop and issue instructions to immigration officers, with objective evidence that makes a connection with situations involving exploitation or abuse, so that they can use those instructions to determine whether the worker's application is genuine.

Citizenship and Immigration committee  If I may, I can provide you with a few scenarios that will help you understand the steps.

Citizenship and Immigration committee  Take the example of an immigration officer who receives an application from a young American who wants to come to Canada to work as an unskilled worker in the construction industry. This is someone who speaks mainly English, possibly French, but someone who speaks one of Canada's two languages.