Immigration and Refugee Protection Act

An Act respecting immigration to Canada and the granting of refugee protection to persons who are displaced, persecuted or in danger

This bill was last introduced in the 37th Parliament, 1st Session, which ended in September 2002.

Sponsor

Elinor Caplan  Liberal

Status

This bill has received Royal Assent and is now law.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

SupplyGovernment Orders

October 23rd, 2001 / 4:25 p.m.
See context

Halifax West Nova Scotia

Liberal

Geoff Regan LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, I am pleased to rise today to comment on the motion before the House. The issue of how we receive and treat refugee claimants at our borders is one that has taken on a different sense of urgency in the wake of the tragic events of September 11.

Throughout the world the terrorist attacks in the U.S. forced a wrenching re-examination of many aspects of life and society long taken for granted. In Canada, as elsewhere, we have been compelled to rethink the ways in which our society functions. We are forced to carefully review and question such fundamental issues as how we protect our society.

Part of the questioning and re-examination has inevitably focused on how we deal with those who come to Canada as refugees.

There is no question that the attacks of September 11 were virtually beyond our capacity to comprehend. How can we make sense of such violence and callous disregard for innocent human life? Yes, we are shocked and horrified by these events but we must not let the terrorists drive us to take actions that result in a turning away from the very values that define us as Canadians.

One of those values is our longstanding commitment to welcome genuine refugees. Who we are as a people and as a nation has been substantially defined by the contributions of those who have come to our shores either as immigrants or as people fleeing injustice and persecution.

Our strength as Canadians is directly tied to the diversity of our society, a society that we have built together. Our world may have become more threatened since September 11 but we must not allow the current situation to lead us toward actions that we will later regret.

How then do we find a balance between ensuring that Canada continues to welcome legitimate refugees while also ensuring the safety and security of our society? That clearly is the challenge before us and the challenge all Canadians want us to grapple with. This balance is reflected in the government's new immigration and refugee protection act, Bill C-11.

Under the new legislation, the refugee determination process would be streamlined and it would enable departmental officials to suspend and terminate the processing of refugee claims where persons are determined to be a security threat. That is a very important change considering what happened last month.

The current Immigration Act authorized detention of a person considered a danger to the public or one who was unlikely to appear for immigration proceedings. Existing authorities also permit the targeted use of detention at a port of entry in cases where an individual's identity is in question or where there are security concerns.

Figures for 2000-01 show that some 8,790, almost 9,000, persons last year were detained under the Immigration Act. These numbers attest to the fact that our officials are being vigilant. We all, nevertheless, recognize the imperative to make our processes work even better.

Bill C-11 would also strengthen authority to arrest criminals and those who pose security threats. In addition, it would eliminate appeal rights in such cases and provide for a streamlined certificate process to remove security threats.

As the hon. Minister of Citizenship and Immigration outlined in her statement of October 12, the government is investing $49 million to strengthen the capacity of her department to do its job. This includes $9 million for additional staff for key enforcement activities like the examination and security screening at ports of entry.

These additional employees will also be carrying out detailed screening of refugee claimants who are already in Canada, along with increasing detention and deportation.

This investment in the safety and security of Canadians is part of an ongoing process. These new resources are in addition to ones identified in the 2000 budget for the citizenship and immigration department, funds targeted specifically for the enforcement program that is so important in this climate and in light of what happened last month.

I draw the attention of hon. members opposite to the $1.8 billion that have been invested by the government in key departments and agencies, such as Citizenship and Immigration Canada, Canada Customs and Revenue Agency, CSIS and the RCMP, since budget 2000. This investment took place long before September 11, reflecting the government's commitment to provide federal departments and agencies with the tools they need to fight terrorism. This is a fight we must and will win.

The next important step we can take toward that victory is to pass the legislation when it is before the House.

Understandably, Canadians are concerned in these difficult times. We have entered into an era of world events without precedent but we must avoid the temptation to allow our fears to overwhelm us.

As we heard from our leaders, it is important to go out and shop and to go on with our normal lives. I read somewhere, and I think it is true, that the return to normalcy is the greatest affront to terrorism. That is the key. If we want to say no to terrorism, we have to live our normal lives. We have to carry on and be courageous, maybe hug our kids more often. We need to recognize the value and the preciousness of our lives more readily and more completely but we also need to go on with our lives.

Canadians are rising to the current challenge, as they have done in other periods of difficulty and threat, as we have seen too often in the past.

We are firm in our determination to work with the United States and our other allies to overcome the threat of terrorism. We are likewise determined to take the necessary steps that will increase the security of our borders and the safety of our citizens.

The Government of Canada has acted and will act to protect Canadians. Bill C-11 is a major step in honouring this commitment.

I could provide other examples of how this new legislation can and will address the very issues that the opposition has raised in its motion. However how we treat refugees and how we balance refugee claims with the largest security concerns of our society, are matters of fundamental importance. Let us not give the terrorists an additional triumph because we choose to act out of fear. Let us not give in to the temptation to diminish our commitment to welcome legitimate refugees.

The motion before us is neither necessary nor deserving of support. Let us instead stay true to our commitment to compassion and the values that define us as Canadians. Let us show the world that we have become stronger because of the challenge we face.

SupplyGovernment Orders

October 23rd, 2001 / 3:15 p.m.
See context

Canadian Alliance

David Anderson Canadian Alliance Cypress Hills—Grasslands, SK

Mr. Speaker, I am thankful for the opportunity this afternoon to discuss customs and immigration issues. Canada has an obligation to encourage immigration. Having been given what we have in Canada it is only right to welcome refugees and immigrants to our country.

Most Canadians are descended from immigrants. My grandparents on my father's side came from Scandinavia. They looked for a country where they could have new opportunities. They looked at Canada and decided to come here. My mother decided in the 1950s that she would like to come to Canada. She emigrated from Scotland. She came here as a midwife and became a nurse. We all have immigration in our history.

If we are to have immigration we have an obligation to do a good job. I will ask a couple of questions this afternoon about whether we are doing a good job with our immigration policies. First, if we think we are doing a good job, could we not ask people in the general public what they think of our immigration policies? If we went to the public I am sure people would say our immigration policies are complicated and difficult to understand and that no one knows what the rules are.

People do come here. Last year 225,000 people tried to immigrate to Canada, 35,000 of whom claimed refugee status. People come here to stay because it is a good place to live and a safe place to live. We would like to keep it that way. I will take a few minutes to look at the present legislation to see if it would make Canada a safe place to live.

Bill C-11 has been introduced and is going through the process of becoming legislation. It seems well intentioned. My mother has a Scottish saying that members may be familiar with. She says the road to hell is paved with good intentions. This could be the government's statement of purpose on immigration legislation.

Bill C-11 tries to make the system workable but the government refuses to provide enough staff to make it workable. Bill C-11 tries to speed up refugee processing, or at least as the public sees it. The government's target includes referring refugees to the Immigration and Refugee Board within three days. However its processing time continues to be 90 days, the same as it has always been.

The bill does not address issues like out of date health standards or accountability of appointments, those of citizenship judges in particular. However the real problem with the immigration legislation is the problem at the heart of the Liberal government: it has no accountability.

Canadians are more concerned about the application of the present law than about having new laws. If people can come here, do damage and try to destroy the country, it justifiably causes fear among Canadians about what they may be doing. Montreal detective Claude Paquette said our porous immigration laws have turned Canada into “a Club Med for terrorists”. CSIS head Ward Elcock has said that with perhaps the singular exception of the United States there are more international terrorist groups active in Canada than in any other country. This is a poor place to be second.

Yesterday I rode in a taxi from the airport with a young gentleman who was concerned about the things going on around the world. He was from the Middle East. He said he came to Canada to have peace, not to have the dangers of that world come here. Canadians want to be safe.

Canadians are concerned that the system has been corrupted. We need to look at some of the major concerns Canadians have about failed political candidates being given appointments and jobs in the immigration system, a system in which immigration lawyers stand to make large amounts of money from people who cannot afford it, a system in which corrupt immigration advisers often try to take people's money away before they get to Canada.

To deal with these problems the Canadian Alliance has some suggestions. First, we need to take a serious look at a common perimeter security system with the United States. This is a simple and real opportunity to improve security for both Canadians and Americans. Simply put, it would increase security at our entry points. People cannot swim to this country. They come in through airports and the ports where our ships dock. We need a common perimeter security system.

Why do we need a perimeter security system? We need it for a couple of reasons. First, we need it for our own security and safety. This is the first duty of the federal government. Second, the United States has announced it will be requiring everyone leaving and entering that country to register when they do so. This will be done for several reasons. It will be done partly as a trade restriction, something we do not particularly need.

A couple of weeks ago one of the senators from North Dakota began using the security issue to try again to restrict agricultural products coming into the United States. Some of their bureaucrats and politicians are trying to use the issue to restrict things like softwood lumber and the ability of Canadians to work in the United States. We need to be aware that the United States is concerned about its own security. If we do not have a secure perimeter and cannot be trusted at our borders we will not be able to get through the U.S. border easily.

We have a second suggestion for the government. It should detain refugee claimants until it has properly identified them. That is common sense. We cannot simply let people go and collect their baggage when they arrive at and leave our airports. The Canadian people do not realize how the system is operating right now or they would be rising up and criticizing it.

Arrivals need to have verifiable documentation so the proper checks can be done. It is easy to do security and background checks on people who have the correct documentation. However those without verifiable documentation or who are questionable should be detained until we know whether they are safe. If they prove not to be safe they should be deported. Canadians do not find that unreasonable.

Here are some examples where stricter standards should have been applied. A convicted PLO terrorist lied to get into Canada. He currently lives in Brantford, Ontario, and has lived there since 1987. He is a failed refugee claimant but continues to avoid deportation through court appeals. If the government cannot deport a terrorist, whom can it deport?

A Toronto man who works at a grocery store has been positively linked to Osama bin Laden. He has been identified as a high ranking member of the Islamic terrorist group al-Jihad.

Ahmed Ressam, a failed refugee claimant, assembled bomb material in Burnaby, B.C., and tried to get into the United States. While he was fighting the Canadian refugee process it was discovered he was allowed to travel abroad for more terrorist training before returning to Canada.

A former terrorist wanted for questioning by the FBI for assisting in the bombing of an Egyptian embassy in the late 1980s is living in Canada.

How many other terrorists are hiding in Canada? One of the biggest concerns of Canadians is that the present inadequate screening system cannot tell them that.

One of the more bizarre examples of this occurred on October 7 when a plane arrived at Toronto's Pearson airport with an estimated 30 to 40 refugees from Pakistan and Afghanistan who had come through Germany, a safe third country. These people, I would suggest, were not refugees but rather immigrants. They were processed and released into the general public and immigration officials lost them. Where are they? More important, who are they? People cannot just disappear.

Immigration Canada has been left with insufficient resources to track these people down. Does the government have the will to protect Canadians, either at the beginning of the immigration process or when things go wrong?

John Thompson of the Mackenzie Institute, a Toronto based strategic think tank, says CSIS, our security agencies, immigration officers and police officers cannot act because they do not have the resources or the will behind them.

We have a couple of suggestions regarding customs. First, one of the ways to deal with the problems is to make customs officials full law enforcement officers. The government cannot decide what they are right now. They are expected to protect our borders but are only given the tools to be tax collectors. If our first line of defence is to be our customs officials let us give them sidearms and the equipment they need. If they are only to be tax collectors let us give them calculators.

We have a huge concern that customs officials are left without the proper training. In larger centres they are getting some training but in smaller ones they have less access to the RCMP and little access to police support. They do not have access to quick response training and are often left out of the training schedule, especially lately regarding pepper spray and the use of batons. The people who most need protection and training are the last to get it.

The national vice-president of the Customs Excise Union, Gary Filek, said:

Canada Customs has been under a systematic process of deterioration and dismantling for approximately the last decade.

The Canadian Alliance is suggesting to the government that it restore Canadian confidence by setting up a common perimeter security network, that it detain new arrivals until it knows for sure who they are, that it limit refugee acceptance to real refugees, and that it make customs officials peace officers and give them the proper training and necessary tools to do their jobs.

SupplyGovernment Orders

October 23rd, 2001 / 3:05 p.m.
See context

Liberal

Mark Assad Liberal Gatineau, QC

Mr. Speaker, when the hon. member asked this whole question previously, I mentioned that the officials of the department were looking into a lot of these aspects.

To get specifically to his question, there is no doubt that over many years there have been some claimants who did not show up for their hearings or whatever. Some may have left the country but we are not sure.

However Bill C-11 was designed to deal with some of these issues. As members know, when we had our parliamentary commission on Bill C-11, it was going to prevent many of these things. In other words, a lot of people who managed to get in by the back door did not take the front door. We are going to speed up the process in the future with Bill C-11, which will prevent a lot of people from exploiting the system by coming in through the back door.

A lot of the measures proposed by the member are already in existence. They will be even better under Bill C-11. It is just a question of time before we get all the aspects together and then we will be able to do a better job.

ImmigrationOral Question Period

October 23rd, 2001 / 2:50 p.m.
See context

Thornhill Ontario

Liberal

Elinor Caplan LiberalMinister of Citizenship and Immigration

Mr. Speaker, both the existing immigration law and the new immigration and refugee protection act known as Bill C-11 contain the provision for discussion of safe third country agreements.

In the past my department has initiated those discussions with the United States. For a number of reasons the United States at that time was not interested in concluding the agreement.

We have indicated our interest in those discussions. It is not the be-all and end-all as far as a solution goes but we do consider it one of the important methods whereby we can ensure that people are given a fair hearing at the first place where they arrive and--

SupplyGovernment Orders

October 23rd, 2001 / 1:40 p.m.
See context

Gatineau Québec

Liberal

Mark Assad LiberalParliamentary Secretary to the Minister of Citizenship and Immigration

Mr. Speaker, the Canadian Alliance has brought a motion before the House. I note that the minister replied this morning to the speech by the Canadian Alliance leader. The motion states:

That, as part of a continental perimeter initiative to secure Canada's borders and protect the security of Canadians and our neighbours, and to protect our trading relationships, this House calls on the government to:

(a) provide both Immigration officers and Customs officers enhanced training and full peace officer status to allow them to detain and arrest suspected criminals or terrorists at the border--

Obviously immigration officers have long been peace officers, meaning they have authority to arrest and detain persons who are inadmissible to Canada. This obviously includes persons they suspect of being criminals or who already belong to terrorist organizations in other countries.

Right now the existing legislation, as well as proposed Bill C-11, contain provisions for protecting our borders. It is completely wrong to suggest that we do not have such provisions. We do. Our officers have all the means at their disposal to protect the Canadian public.

The motion raises another point I wish to address. It states that the government should:

(c) detain all spontaneous refugee claimants appearing without proper documentation until their identities are confirmed and they have cleared proper health and security checks--

Here again I would mention that our immigration officers conduct an investigation as soon as an application for refugee status has been received. I wish to give an idea of the figures. Some 600 to 800 persons are detained every day by immigration officers. It is wrong to say that they are not doing their job. On the contrary, I think they are doing it rather well in the circumstances.

I am not saying the system is completely perfect. As we know, it obviously has its shortcomings but hundreds of thousands of people have been processed over the years. It is therefore not impossible that errors may occur or that someone may slip through.

On the whole, however, there are certainly safeguards. Last year alone over 8,500 persons were detained by the authorities for a full verification of their origins and their past, as to whether they had ever been charged with a crime and so on.

On the whole, as the minister already mentioned this morning, we already have in place a great number of mechanisms to protect our borders. Contrary to what has been said, I do not think a continental perimeter is required. I believe the Government of Canada has considerable experience in the field of immigration. I have visited some of our offices abroad. It may be true that on occasion there was a lack of resources. I do not doubt it. Our immigration officers work very hard. On the whole, I was impressed by both the quantity and quality of the work they accomplish. It is not insignificant. They work very well. This is a fact that we need to mention more often.

I do not mean to impute motives to the members from the Canadian Alliance, but it is unfortunate that the words “terrorist” and “criminal” come up too often when they speak in the House.

If we look at the facts--which is important--we see that Canadians on the whole very rarely use this kind of language.

Since September 11, it is all that people are talking about. We often forget the contributions that immigrants have made to our country. I would like to highlight a few facts.

First, if we look at people's files, very few immigrants have criminal records or have been in trouble with the law. It is very important to acknowledge this, and it is a fact.

Second, once immigrants settle, on the whole, very few of them require employment insurance benefits. It is important to note that these people contribute to our country, they do not abuse the system as some in this House have implied.

Third, we often hear stories to the effect that immigrants abuse the system in another way, with welfare. Obviously, when some immigrants arrive, before settling in the community, they need help. We have a very sophisticated system. Some may believe that it is being abused on a daily basis, but this is not the case. There is a social infrastructure in place to help people get settled. I believe that it is one of the great achievements of our Christian society, if I may use the term.

Another thing we have seen with immigrants over the years is that, in their first five years, the average immigrant will earn less than the Canadian average. After their fifth year of working in Canada, in excess of 50% of them earn more than the Canadian average. Once again, this gives some idea of the effort they put into contributing to this country, and not only for themselves and their families. This gives some idea, when over 50% of them earn more than the Canadian average.

There is another aspect people are neglecting to mention here. The educational level of most immigrants to Canada is higher than the Canadian average. Many are technicians or professionals. In Damascus, I had the opportunity to sit in on an interview with a man who had been working in Syria for four or five years and was seeking to immigrate. It took him about a year and a half. He had a doctorate in biochemistry, a great asset for our country.

Overall, I find that these facts are being forgotten. Too often we have been hearing “immigrant”, “terrorist” and “criminal” used in the same sentence. I do not find this acceptable, when the facts demonstrate the opposite. This needs some thought. As everyone keeps saying, we in this country are all the children or grandchildren of immigrants. We need to think about that.

There is one other point I must mention. We have heard in the past four or five weeks that some members of the U.S. House of Representatives have been pointing fingers at Canada, saying that our immigration policies were not efficient, that many people were getting around the system. I do not know where they have been getting their information, but they are completely wrong.

I would like to give a few important statistics: 40% of people who make refugee claims at the Canadian border are coming from the United States. They are on American territory and come to the Canadian border to make a refugee claim. Are we the ones responsible if they have got into the U.S. and then come to our border to make a refugee claim? How is this a flaw in our system? It is theirs that is flawed.

I would like to mention some of the comments I have heard made by Alliance members in the past weeks. I bring to their attention that quite often in a lot of their speeches they use the word “immigrants” and in the same sentence they bring out the fact that there are criminals and terrorists. That is a little exaggerated on their part and they should be very conscious of it.

What we have achieved in this country has been a tremendous advantage to most Canadians. In the past weeks many Canadians have expressed their profound belief that Canada is a peaceful and highly respected country throughout the world. They know there are problems in other parts of the world and as Canadians they feel that maybe the root causes should be attacked. More than ever we have to show restraint in what we do in Canada. It would be very wise for us to realize that some of the things we do are going to have profound repercussions not only here but abroad and for those who want to come to Canada.

I hope we can keep in mind that we have a tremendous advantage by living in this country. Many people want to come to Canada. However we cannot start making them feel as if we suspect everyone who wants to come to this country and that we want to have investigations. We do not want them to feel that way. We want them to feel welcome here. If in speeches they hear the word “immigrant” is followed every time by “criminal” or “terrorist”, that is highly unacceptable.

In closing, when Bill C-11 was examined in committee, the Canadian Alliance member for Dauphin--Swan River worked a lot with us to find ways to improve our immigration system. We sat over five or six weeks and corrected certain things.

Overall, the Immigration Act will be much more secure, because parts of it will make the system more effective. We will be able to make quicker decisions, because we will have the information at hand.

I just wanted to make these comments and I am prepared to answer questions from my colleagues.

SupplyGovernment Orders

October 23rd, 2001 / 1:15 p.m.
See context

Liberal

Jerry Pickard Liberal Chatham-Kent—Essex, ON

Mr. Speaker, I have a real problem with the question and the way it was put forward, not because it is not an important issue for Canadians but because of the insinuations it makes.

My colleague stated that immigration officers do not want to be bothered. Quite frankly, that is anything but true. I have met with people on the immigration board. I have met with immigration officers, many of whom are neighbours and friends of people across the country. They are there to protect our borders. No one in the House should make a blanket statement that immigration officers do not do their job. That is ridiculously wrong. They should be ashamed of themselves for doing that.

Liberals detain people. There is absolutely no question. The hon. member for Dauphin--Swan River, the critic for the opposition party, appeared before the committee working on Bill C-11 to talk about the bill. He tried to weaken the bill the Liberals put on the floor of the House in June. These were his words:

An officer shall not detain a person who is not a Canadian citizen for a term of greater than six months.

Quite frankly Alliance members cannot stand today and say that was not the case. They jump on the bandwagon when they should not. They create fear where it is not and they do not take responsibility for past actions. That is a shame, but that is the Alliance.

SupplyGovernment Orders

October 23rd, 2001 / 1 p.m.
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Liberal

Steve Mahoney Liberal Mississauga West, ON

Mr. Speaker, as MPs we all know what goes on in our offices regarding immigration. I am sorry if the hon. member wants to insult me personally about my presentation, but I feel very passionately about the issue. I am the longest serving member of the citizenship and immigration committee.

We have people who apply for visitor visas and come to Canada. When that visa expires they disappear. Am I happy about that? No, I am not, but they are not criminals. Many of them are working in the housing industry and in the construction trades. They are also not necessarily refugees.

We have people in Canada and in the United States who are living here without the proper status. Yes, we should try to correct that and Bill C-11 goes a long way toward allowing us to do that. This is a bill that the hon. member's party spoke against in committee and voted against in the House.

SupplyGovernment Orders

October 23rd, 2001 / 12:20 p.m.
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Canadian Alliance

Paul Forseth Canadian Alliance New Westminster—Coquitlam—Burnaby, BC

Mr. Speaker, I will be splitting my time.

The official opposition has moved:

That, as part of a continental perimeter initiative to secure Canada's borders and protect the security of Canadians and our neighbours, and to protect our trading relationships, the House calls on the government to:

(a) provide both immigration and Customs officers enhanced training and full peace officer status to allow them to detain and arrest suspected criminals or terrorists at the border;

(b) move Customs border officers out of the tax collection agency and into a law enforcement agency;

(c) detain all spontaneous refugee claimants appearing without proper documentation until their identities are confirmed and they have cleared proper health and security checks; and

(d) create a list of safe third countries, including the United States and member states of the European Union, from which Canada will no longer accept refugee claimants.

These basic requests arise from government employees on the line and are reasonably modest.

Since September 11, two changes have occurred that have put increased demand on our national leadership in politics and in business. First, is our declaration to respond to terrorism. Second, is the economic recession. The Liberals have left us unprepared for both. The Liberals cannot manage.

On the economic front, while there is a vital need to increase spending on national security, federal revenues are starting to shrink. The opportunity for the wise choice of reducing taxes and debt to competitive levels, while our economy was being lifted along by a buoyant U.S. economy, has passed us by. It can be said, in view of today's motion before the House, that the Canadian Alliance was right and the Liberals were wrong.

The government is also mean-spirited and dishonest when it claims that we are anti-immigrant or hard-hearted about genuine refugees, for we want an orderly and safe immigration and refugee system that operates with the highest possible level of integrity and reliability.

The government announced up to $250 million, generally for security matters, some of which might help immigration screening. However,100 immigration officer positions is only a start, not a solution. Resources must be utilized in the areas of increased staff deployment and training, enhanced security and background checks and aggressive deportation of failed refugee claimants and others. The immigration system likely needs 500 additional employees in its system around the world to meet our national security needs.

In respect of the citizenship and immigration minister, staff in her department at the lower levels, who have to carry out the system on the line, talked to me of their utter frustration and even disdain of the public relations game played by the minister since the September 11 attack. There is system-wide snickering from immigration officers when the minister oversells the improvements from Bill C-11 or the benefits of the maple leaf card. Although necessary, it is only one of the many holes that must be plugged if Canada has any hope of exercising basic sovereignty of its borders and protecting its people.

The majority of persons who attempt to swamp our protections enter Canada illegally by using passports of countries which do not require a Canadian visitor visa or they use someone else's passport who has obtained a visa. The passports are photo substituted and the person freely boards a plane to Canada.

Capacity creates its own demand and the ability to get through with low risk invites repeated testing of the system. Smugglers enjoy their lucrative business without a care of being caught as they receive only an insignificant punishment if ever prosecuted. The government does not have the political will to make people smuggling unprofitable.

Then there is the trump card played by thousands of people who declare themselves refugee claimants upon landing or a few days later after having disposed of their legitimate looking documents and having been carefully coached by their handlers as they arrive with a request for legal aid, welfare and the medical plan. Most refugee claimants are released into the community without Canada having knowledge about who they really are and what their backgrounds are.

We need to detain all surprise arrivals for whom we have any concern. It should be reverse onus and the burden should be on the claimants to demonstrate that they are indeed refugees and not something else, if they are using that particular category. The evidence for such a need is the high percentage who disappear once they are released into the community.

It is likely that most persons who arrive uninvited at our borders are not true refugees. They are those who do not wish to apply through the proper channels because they know they will not qualify due to a past they want to cover up or they are in groups that we as a nation have said we will not take, which is the policy assumption of the point-merit system of immigration.

Some may be fleeing prosecution and not persecution. Some use the refugee claim as a ruse to enter Canada to cross into the U.S.A. Most true refugees do not even have the means to get to Canada in that way.

In respect to the societal costs of the consequences, it is likely more cost efficient and a lot safer to first detain all refugee claimants. If all questionable people were routinely placed in holding centres pending necessary investigations and hearings, they would receive housing, meals, health monitoring and care. Their stories and the international reputation would be deterrents to the pressures on the system, just like the deportation of the British Columbia boat people which took the pressure off that type of activity.

If detained, claimants could not go on to another province if denied and under another identity begin a second and third refugee claim, as we have seen. Criminal checks could be completed while the person is in custody, if the government ever got serious about access to databases from all available countries rather than just within our own lists.

The voice of one immigration officer says it for many. He said recently:

I could no longer tolerate the frustration of seeing the fraud being perpetrated on the naive taxpayers of this country and which I was impotent to prevent. I have never been more certain of my decision to leave this department as I have since September 11. You have absolutely no idea of the extent of fraud within the Department of Citizenship and Immigration. Immigration officers must be able to do their jobs with confidence and without political influence or interference. A plastic card will not eliminate the fraud-- I'm sure someone is already working on reproducing it. I could easily write a book on this subject. I am certain that 99% of front line immigration officers echo my sentiments, but of course are not permitted to speak their minds and tell the truth.

Canada is a nation of immigrants and has always been enriched by new arrivals to our shores. A Canadian Alliance government would facilitate the current levels of immigration and make improvements to the security, fairness and integrity of the system. The system must meet the high expectations of average Canadians and enhance the welfare of new arrivals. We must ensure Canadian sovereignty on the borders.

We appreciate that Canada is a society built by successive waves of immigration from all sectors of the globe. We need to create a positive immigration policy that is merit based. Administration should take into account primarily Canada' s economic needs. We must introduce greater security and reliability into the system, including enforcement of sponsorship obligations. The federal government must work more co-operatively with the provinces on national policy and settlement costs. We must also affirm the independence of immigration administration from multiculturalism.

Non-citizens of Canada who are convicted of an indictable crime or who are known to engage in serious criminal activity must be deported quickly. By more careful screening of the criminal element, we can protect the integrity and security of immigrants and enhance community crime prevention. Canada should no longer be called a safe haven for international operatives.

We affirm Canada's international humanitarian obligation to receive its fair share of genuine refugees. Refugee status must be determined expeditiously under the rule of law and beyond political interference. To ensure fairness, we should deport failed refugee claimants and illegal entrants quickly, and prosecute those who organize and profit from abuse of the system. To accomplish those reasonable administrative goals, we must reallocate resources to reduce the thousands within Canada who are without legal status or who are on the deportation list.

We also need to review the extra ministerial permit category by seeking to provide transparency and public accountability within the context of the Privacy Act to eliminate government vote buying, patronage and cronyism.

To accomplish anything less is to fail our nation and breaks faith with our young people, for their hope in a bright and prosperous future.

SupplyGovernment Orders

October 23rd, 2001 / 12:15 p.m.
See context

Canadian Alliance

Inky Mark Canadian Alliance Dauphin—Swan River, MB

Mr. Speaker, I am pleased to rise as coalition immigration critic to take part in the debate on the supply day motion put forth by the Canadian Alliance.

Since September 11 the world certainly has changed and national security is on everyone's mind. We are all aware of the threats to our freedom by terrorist organizations of the world. At the same time Canada must be cognizant that Canada is a land of immigrants.

If we look at our history, Canada was built by immigrants. At this time we must not be pointing figures at legitimate refugees and immigrants, including myself who immigrated to this country before the events of September 11.

The coalition's position is that Canada needs to keep its door open to genuine immigrants and refugees. Our present and future standard of living depends on immigration. We attract the best in the world and we must continue to do so.

Despite the current fear of terrorism we must not repeat the dark side of Canada's history. Let us take a reality check. Over 99% of the annual movement of up to 40 million people between the United States and Canada is by legal people. The vast majority of those who come into Canada use the legal means. In fact terrorists can enter this country as visitors, students, refugees or legitimate immigrants. We need to tighten up our front end screening to detect those who would wish to do us harm.

As coalition critic my job is to point out the holes in the system. Let me take time to respond to the specifics of the supply day motion. This motion is much like an omnibus bill. It covers too much. In principle the coalition supports the motion, but we have concerns about the way it was put together.

Let me address some of our concerns. In the preamble the continental perimeter denotes a North American border, not a Canadian one. While the notion of a secure North American border is a good one, Canada cannot be expected to look after American borders. Nor can Americans be expected to look after Canadian borders. Agreements can and should be made on who looks after what and what jurisdiction we can share and co-operate on.

A continental perimeter does not by default ensure the safety of Canada's borders. Improved staffing levels, better training and better enforcement of existing laws will.

Under the Criminal Code of Canada a Canada customs officer has the authority to be a peace officer already by definition. In fact the criminal code states:

(d) an officer or a person having the powers of a customs or excise officer when performing any duty in the administration of the Customs Act or Excise Act.

According to the 1992 Immigration Act, section 113 states:

Duties of Peace Officers to execute orders--Every peace officer and every person in immediate charge or control of an immigration station shall, when so directed by the Deputy Minister, an adjudicator, a senior immigration officer or an immigration officer, receive and execute any written warrant or order issued or made under this Act or the regulations for the arrest, detention or removal from Canada of any persons.

We agree that immigration officers and customs officers should receive better training in identifying suspicious persons. There seems to be an attempt to arm immigration and customs officers with sidearms. While customs officers at borders should have sidearms, immigration officers at ports of entry should not.

If immigration officers simply use the enforcement tools at their disposal they have every ability to detain and even refuse entry to anyone who is thought to be a risk to the country.

I will comment on part (b) of the motion. This is a clear indication of seeking a sidearm for a border official. We do not disagree with this. However this would in fact make customs officers at the borders police officers. This would eliminate a number of positions across Canada in favour police enforcement.

We already have such a situation with park wardens who have effectively been replaced by RCMP because the wardens wanted sidearms.

We agree with part (c) of the motion. All asylum claimants should be held until their identities can be discovered and they are determined not to be a risk to Canadians. Proper security and health checks should be done to ensure the safety of citizens welcoming newcomers.

We agree with part (d). The safe third country concept has been used in immigration legislation since 1992. While the term and definition have been used to keep refugees and asylum claimants who have already been recognized as convention refugees from other countries from applying for refugee status here, there is no such thing as a list of safe third countries from which we might accept refugees or deport refugees to await identity discovery.

In 1999 a Sri Lankan national was refused refugee status as the claimant was found to already have refugee status in Germany. In 1998 a Liberian citizen was refused conventional refugee status since the person already had such status in Sierra Leone.

It is the broader sense of the legislation that is not being applied. A list of countries from which asylum seekers could come to claim such status or be detained while waiting for the outcome of such an application has never been compiled. It is believed that the reason for this is largely due to a lack of agreement on who decides which nations are considered to be safe. The safe third country concept does not guarantee the detection and apprehension of potential terrorists.

The auditor general made some very enlightening discoveries in his December 1997 report on the Immigration Refugee Board. Since 1993 over 99% of all claims were judged to be eligible by CIC officials. The claimants were then given the necessary documentation for filing a claim with the IRB and allowed to enter Canada.

Today there is still a 30,000 case backlog. With the passing of Bill C-11 all claims in the system that are not finalized will be nullified. All other claims will have to be started over again regardless of the stage of review. That will only create more backlog.

It was noted that over 90% of those denied refugee status remain in Canada, according to the auditor general. These problems have not gone away. They pose a real risk to Canada's security. The government has to account for how the IRB operates, recognizing and acknowledging that the IRB is a patronage vehicle.

I have tried over the last year to convince the immigration minister to set up front end screening of refugee claimants. I will close by making a few more comments on front end screening. I have indicated that the RCMP, CSIS and CIC need more staff.

No one can board a domestic or international flight without identification and in some cases travel documents. The fact that people arrive in Canada without such documentation should be grounds for immediate detention. The minister alluded to over 8,000 persons who were detained for an average of 16 days in the year 2000. What she forgot to say was that she personally okayed 3,989 otherwise inadmissible individuals, most hardened criminals, entering and remaining in Canada for a period of time.

The 3,989 people were obviously security risks to Canada since without a permit from the minister they could not have entered Canada. With no entry or exit data kept on persons coming and leaving Canada, it is impossible to tell whether those who are ordered out actually leave.

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October 23rd, 2001 / 11:30 a.m.
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NDP

Judy Wasylycia-Leis NDP Winnipeg North Centre, MB

Mr. Speaker, I am very pleased to participate in the debate and to put a viewpoint on the record on behalf of the New Democratic Party.

I am sure it will come as no surprise to the authors of the motion before us today, the members of the Alliance Party, that New Democrats will oppose the motion. I am sure that causes no revelations for the members beside me.

However they may be somewhat surprised when I say that I and my party welcome the debate. It gives us an opportunity to clear the air, to deal with some very contentious issues in Canada today and to move toward a more responsible, effective solution to the very difficult circumstances we are facing today.

Let us begin by agreeing on one thing: We all deplore, with every breath we can muster, the heinous events of September 11. There is no question about that. I want members to keep that in mind as we discuss options, alternatives and solutions for dealing with this very difficult situation.

There is no one in the House who is not prepared to stand and condemn with every ounce of energy the heinous acts of the terrorists who struck in the United States on September 11. Every one of us here are grappling with solutions to prevent the spread of terrorism and to bring those terrorists to justice.

The motion before us today suggests that Canada must look at its own immigration and refugee policies as part of that solution. That is not a point of contention for us. We are all prepared to look at Canada's policies on every front, whether we are talking about immigration policy, airline security, cross-border crossings or our own ability to respond to bioterrorism. On each and every aspect of terrorism we have an obligation and a responsibility to assess the situation, to determine if Canada's policies are effective in that regard and to make suggestions based on any flaws or weaknesses in those areas.

We have done that on numerous occasions. We have been vigilant since September 17 about proposing solutions and making suggestions.

As members know, we proposed a motion to deal with the uprising of incidents of racism and intolerance in our society as a result of the terrorist acts. We made suggestions in the House repeatedly over enhanced resources and supports for being prepared in the event of a bioterrorist act.

Today I am prepared, on behalf of my colleagues, to make some suggestions with respect to immigration and refugee policy. I want to be clear that the most important item for us to deal with today is to avoid feeding any mythology around Canadian immigration and refugee policy. Our responsibility today is not to feed this notion that Canada is a safe haven for terrorists.

I am not suggesting for a minute any malicious intent on the part of the Alliance but I certainly have serious grievances with its recommendations. I am here to suggest that since September 11 there have been a number of commentaries, opinions and statements made that do feed the notion that Canada somehow is a safe haven for terrorists. The implication touches us even more given the feelings people have that terrorists are refugees and refugees are terrorists.

We cannot allow that kind of talk to go on. We must address the fears and concerns of Canadians without feeding hysteria. We must be responsible in our response to the events of September 11.

I only have to turn to some of the newspaper articles, however few and far between they have been with respect to this issue, to make the case and help ensure that the House puts all this in perspective.

I want to touch on an article written by Haroon Siddiqui which appeared in the September 16 issue of the Toronto Star . The headline was “Don't scapegoat Canada for terrorism in America”. He wrote:

While we grieve with Americans in the aftermath of their single biggest death toll since the civil war, and pray for the dead as well as the living, it needs to be said that Canada's border is no more porous than America's. In fact, Canada has a tighter perimeter than the United States; far fewer illegal immigrants come here, even proportionately speaking, than there.

Canada may also be less of a haven for terrorists or terrorist groups than America, the centre of monetary and military sustenance for the Irish Republican Army and the hub of anti-Castro adventurism, among others.

I may not agree with everything the author of the article wrote but I can say he identifies a very serious issue and that is, if we make generalizations based on the events of September 11 and make wide, sweeping generalizations about our policies, we will have done no great service to combat terrorism. We will have done what so many have cautioned against, which is we will have stooped to the level of the terrorists themselves and sacrificed our fundamental principles of peace, security and freedom.

The Minister of Foreign Affairs himself made exactly that kind of statement. He said on one occasion recently that if a battle against terrorism must be waged, we must be sure we do not undermine our principles of an open society founded on democracy. If we do that we will have given terrorists, and I am paraphrasing, a victory.

That is one commentary that was in the paper. I also want to read from an article by Hugh Winsor in the Globe and Mail on October 15. I do not always agree with this commentator but he made a very important observation:

In the current atmosphere, there will be a lot of pressure to dilute the broader fundamentals of Canadian justice in pursuit of the tiny minority of dangerous people trying to get into Canada as refugees. That would be a mistake.

We use that kind of wisdom to bring caution to the debate and urge that we do not destroy the fundamentals and values that hold the country together, the glue of Canadian unity, in the interests of looking for easy solutions and quick targets. That is what the motion does today.

Speaking of the generalization that Canada is a safe haven for terrorists, I remind members what the RCMP commissioner told the immigration committee just last Thursday. In response to a question I raised about these broad, sweeping generalizations, he said that even the word haven is a terrible word to use because it implies that we somehow support or nurture terrorists to stay in the country. That certainly is not the case. He went on to talk about how Canada is no different from other countries that are dealing with the same kind of threat and is no different in terms of precautions we take on the security front.

It is very important for the House to remember the makeup of the country and the traditions we hold so near and dear. We went through this in great detail during the debate on Bill C-11. The debate on that bill was very heated. We were struggling to find the balance between respecting our open door policy and humanitarian traditions with the need to ensure that proper security measures were taken to prevent people who had malicious intents and agendas to get into Canada. We struggled very hard to balance those interests.

From my vantage point I am not completely happy with Bill C-11. I do not think we achieved that balance, but I can say that the debate was thoughtful and should enlighten us today in our discussions. One of the conclusions we on all sides of the House made during that debate was that Canada's legacy and history is about diversity.

We said time and time again that it is not just about the number of people who have come here from so many places, it is about how we deal with one another in the context of being a mosaic. Our tradition and our values have shown the way. Canada is a model for the world in terms of respect for differences, for not imposing one view or one way of thinking or one way of life on our immigrants and the people who make up this country. Our way is one of easy going acceptance, generosity, tolerance and respect for differences. We do not impose some uniform identity on the immigrants who come to Canada.

Those sentiments are as important today as they were when we were debating Bill C-11 last spring. We have new circumstances to deal with. We have to make adjustments and review policies, but we do not sacrifice our fundamental understanding of this country and how we have come to grow together as a multicultural nation.

Since September 11 in many ways we have started to show suspicion about one another. We have started to question on the basis of racial makeup. We have started to look behind us and see trouble in the shadows. We have started to create a climate of fear when we should be doing the opposite. I urge members to put this all in perspective and to come up with solutions that actually work.

The motion deals so much with the issue of refugees. One of the themes of the Alliance Party these days seems to be to point fingers at Canada's policies on refugees and to suggest that we have bad policies and bad programs and that we need to put a moratorium on refugees coming into Canada. That is what part of the motion actually does when it talks about detaining all refugees who come into Canada. In effect it is quite a major difference from the practices and traditions we have today and is not necessarily one that would ensure greater security for Canadians.

In that context I want to put on the record some of the concerns of the organizations that work on a day to day basis with refugees. These organizations care deeply about the flight of the millions of refugees around the world. They know that Canada has a responsibility, an obligation and an interest in ensuring that we offer a safe haven for people fleeing persecution on the basis of political, religious or economic reasons.

On September 14 the Canadian Council for Refugees issued a statement. This is part of it:

In the wake of the horrific terrorist attacks this week in the United States, the Canadian Council for Refugees offers its condolences to the victims and their families. As an organization committed to the protection of human rights, the Canadian Council for Refugees condemns these attacks on civilian lives and urges Canadians, as well as immigrant and refugee communities, to speak out against violence and intolerance in our society.

That was a very important statement for all of us to hear and understand. I hope members in the Alliance Party also heard and understood the meaning of that statement. All Canadians from whatever walk of life condemn the terrorist attacks and now look for solutions that work to make sure that we rid this globe of terrorism so we can live in peace, freedom and security.

The motion before us today denies the responsibility we have in terms of refugees. It denies some of the experiences that organizations such as churches, non-profit organizations and volunteer groups have with respect to creating a home for refugees and newcomers and integrating them into our society. It denies the sentiment expressed by the people who run Romero House in Toronto when they said:

When Canadians meet refugees and hear their stories, they are usually impressed by their courage, resourcefulness and enduring capacity for joy. Refugees are brave people who have escaped to Canada from traumatic and often horrific situations in their homelands. They have experienced, or been in danger of, torture, arbitrary detention and death. Although many of them have escaped with little more than the clothes on their backs, they do not come empty handed. They bring to our country the gifts of courage, hope and strength.

Let us not forget that in the debate on this very important issue.

We have concerns with all four aspects of the motion before us today, beginning with the preamble and the suggestion that we need to establish a North American fortress, that we need to have perimeter security. The motion is premised on this notion. All of us need to question the validity of this so-called continental perimeter initiative. We should question it as a concept and assess it from the point of view of loss to Canada of our sovereignty, loss of our ability to make decisions pertaining to our own foreign affairs policy and our economic policy and hence every aspect of our day to day lives.

We are very concerned with the parts of the motion that deal specifically with detention of refugees. I have already touched on that. The Alliance Party is not taking into account the fact that the American policy of detention has not necessarily been successful. It has not necessarily achieved the kind of results which I think the members of the Alliance are hoping to achieve with this motion. It has not been helpful and it has been hurtful in many other ways.

The Alliance members have not taken into account that many refugees come to Canada without proper documentation precisely because of the kind of country and government they are fleeing. In particular, people from Somalia and Afghanistan do not have documents because the dictatorial, repressive regimes they are fleeing from would not allow for those documents to be processed and to try to obtain those documents would be even more harmful in terms of their future well-being.

We are very concerned about the suggestion that we need to change the role and responsibilities of immigration officers and customs officers in order to make the country more secure and deal with cross-border issues. As has been noted already in the debate, those two provisions miss the critical issue at hand here. There is an issue that has to be addressed and I look to members on the government benches to ensure that this is heeded.

The issue is one of resources. During the hearings on Bill C-11 and now during the Senate hearings on Bill C-11, during this debate, and since the events of September 11 time and time again we have heard about the lack of resources in terms of immigration officials and customs agents. Going back to the serious cuts of 1993, I think the Alliance probably supported those kinds of cuts back then in the interests of smaller government. The number of immigration officers was slashed from 7,000 to 4,000. Similarly the customs and excise union has reported how at least 1,200 new customs officers are needed to do the job. Let us assess the situation for what it really is and deal with the root cause of the problem.

It is very important to acknowledge difficulties with the fourth part of the motion which calls for a list of safe third countries, including the United States and member states of the European Union, from which Canada will no longer accept refugee claimants. For the record, it has to be said that that is a very serious recommendation that would have all kinds of ramifications for Canada's role in the United Nations and for ensuring that we live up to the convention on refugees. I hope to have a chance to deal with this during questions and comments. It is a very negative suggestion and would not have any basis in terms of being a good solution. It would take us in the opposite direction of our responsibilities with respect to the international convention on refugees.

Finally, as we pursue the debate and look at solutions, let us look at some other options. Let us look at the immigrant investor program where people can actually buy their way into the country and not face the same kind of scrutiny as people seeking to be united with their families or people coming to work in Canada. That is a serious shortcoming. There are many solutions and issues that need to be addressed and we can do that here today. I do not think the answer is found in the Alliance motion. I look forward to ongoing discussion.

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October 23rd, 2001 / 11:10 a.m.
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Canadian Alliance

Inky Mark Canadian Alliance Dauphin—Swan River, MB

Mr. Speaker, I listened attentively to the member for Waterloo--Wellington. Unfortunately the government seems to know how to do the talking but there are very little results from the way it walks the talk.

The minister indicated this morning that the current legislation allows for removal and deportation. Unfortunately that is rarely exercised. Over the last months we have heard the immigration minister repeatedly tell Canadians how important it was that Bill C-11 be passed.

I was glad to hear that the member for Waterloo--Wellington gave us some numbers in terms of people entering Canada who were detained due to fraud or improper identification. In fact in the year 2000--

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October 23rd, 2001 / 10:55 a.m.
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Waterloo—Wellington Ontario

Liberal

Lynn Myers LiberalParliamentary Secretary to the Solicitor General of Canada

Mr. Speaker, this is an important debate. It is well worth the consideration of the House in terms of what we as a government have done in the last while in terms of Bill C-11 and other measures.

For many years the countries of North America have discussed and worked together on initiatives born of a common desire to make our continent more prosperous and competitive on a global scale. Sadly the current initiative to fortify our respective borders is born of terror and bloodshed.

It is Canada's hope that all nations of the continent will do what they can individually to respond to the needs of the collective. Bill C-11, it goes without saying, is a major move forward for Canada in upholding the enforcement of our borders. It is a good bill and it is worthy of support.

Today in the House we are considering a motion that requests that the government work more diligently to secure our borders. The government has responded to that demand by bringing forward Bill C-11 and making it an utmost priority, and rightfully so.

The motion before us requests increased powers of detention for customs and immigration officials. I find it passing strange that a short five months ago the Canadian Alliance immigration critic tabled a motion in the House to amend Bill C-11 at report stage. Motion No. 5 would have watered down the definition of security threat to determine who is admissible to Canada. The motion was supported by all members of the Alliance.

I find it strange that one thing was said then and quite another is said now. Our definition of Bill C-11 includes activities outside Canada and indirect threats. The Canadian Alliance motion included only direct and active threats. The Alliance went further. It tabled a motion at committee stage to restore certain appeal rights through the immigration appeal division for serious criminals and threats to Canadian security. Bill C-11 has removed these to allow for quicker removals from Canada.

I am not sure what that is called. The word flip-flop comes to mind. The ability to detain and arrest at the border suspected terrorists or individuals who do not provide proper paperwork for identification is already in place. Bill C-11 works to increase the capabilities of our frontline officers by giving them early access to security screening processes and enhanced exclusionary mechanisms to remove undesirables from the process. The people who handle refugee cases now have more tools with which to work.

The Canadian Immigration Act currently allows customs and immigration officers and officials to detain anyone they determine to be a security risk to Canadians. Bill C-11 provides a means to strengthen the ability of officials to bar entry to Canada of potential terrorists whether they commit terrorist acts in Canada or in other countries.

On October 12 the minister of immigration announced a five part security strategy as part of Canada's anti-terrorism plan. As part of that plan the government is strengthening immigration measures in light of the terrorist attacks that took place on September 11. The minister has announced that we are increasing detention capability and hiring up to 100 new staff to enforce upgraded security at ports of entry. As a further sign that the government is committed to this initiative, and rightfully so, cabinet approved funding of $4 million to cover these needs in the coming months.

The issue of detention has been a delicate one indeed. The government is attempting through Bill C-11 to find the proper and acceptable balance between protecting the citizens of Canada and maintaining an even-handed approach with those legitimately attempting to gain entry into Canada.

Customs and immigration officers are fully trained to perform their duties effectively. They are aware of their duty to uphold the values of fairness, openness and protection that Canadians across this great country of ours hold dear.

Of course of the 100 million people who come to Canada each year not all are seeking to get in illegally by way of refugee status. However it must be noted that in the 2000-01 timetable for which data is available over 8,700 individuals were detained for a total of 136,000 days.

This is a tremendous success for the officials patrolling our borders. On any given average day the number of individuals in detention under the auspices of the Immigration Act ranges from 400 to 800 people. That is a significant number when looked at over the long term. I am saying to the House and the Canadian people that the system in place works efficiently and effectively in most of the cases most of the time.

Immigration officials do not work alone. Canada has nurtured working relationships with CSIS, the RCMP and foreign immigration and law enforcement agencies such as those in the United States, Great Britain and the European Union to prevent criminals and people who are considered to be a security risk from entering Canada. We have worked closely with our partners not only within Canada but internationally as well. These networks of information are crucial to maintaining our level of security and safety.

The United Nations security council recently passed a binding resolution regarding elimination of terrorist financing. Two paragraphs contained therein demanded that the United States tighten its refugee regulations. Canada will continue to welcome refugees and will adhere to the resolution passed by the United Nations. Canada has commenced work in this regard with Bill C-11.

We have implemented a screening process for all refugees that is stringent yet fair. We have made it clear to all who appear at our country's doorstep that no individual involved in terrorist acts will be welcomed here. Furthermore, they will be ineligible to make a refugee claim in Canada.

As was mentioned on an earlier occasion, the Immigration Act currently allows for interdictions abroad. Canadian officials overseas work closely with the transportation industry to examine and evaluate the paperwork of immigrants and visitors coming to our country. Embarkation is denied when necessary and when required.

Over the past two years Citizenship and Immigration Canada increased the number of control officers from 31 to 48. This network of immigration control officers abroad in the last year alone intercepted 6,000 improperly documented travellers that were attempting to fly into Canada. Over the last six years approximately 33,000 people attempted to enter Canada fraudulently and they were detected and stopped before they departed their country of origin. The interdiction program is successful and the department can be very proud it.

These are trying times not only in Canada but around the world in terms of what took place on September 11. However we had foresight with respect to Bill C-11. The minister in her wisdom brought forward a very good bill which we as a government supported. It has proceeded through committee and ultimately through the House. It was fortuitous for us to do that in keeping with the values of Canada, in keeping with what we needed to do by way of security measures at our borders and with respect to people coming into Canada.

We will not allow people who are terrorists, who harbour terrorists or who want to wreak havoc on Canadian soil to get in. However, what we will do is be fair and evenhanded to genuine people of refugee status who want to come to Canada. We will support them in the way that Canada has always supported them.

At the end of the day we will keep building a country of significance where values are built on common sharing, caring, compassion and tolerance. That is our Canada, the Canada that seeks to enhance the very fundamental core of those Canadian values that are so dear to people across this great country of ours.

At the same time we will ensure that we are safe and secure not only in our communities and neighbourhoods but in the country as a whole. That is what Canadians and parliamentarians want. We as a government will ensure that while on the one hand we will be fair and evenhanded and ensure that the charter is respected as it should be, on the other hand we will also bring forward the security measures required.

Bill C-11 does that. It does it in a way that is in keeping with those great Canadian values. I am very proud that the government brought that legislation forward with the foresight that was required.

SupplyGovernment Orders

October 23rd, 2001 / 10:40 a.m.
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Thornhill Ontario

Liberal

Elinor Caplan LiberalMinister of Citizenship and Immigration

Mr. Speaker, I will be sharing my time with the member for Waterloo--Wellington.

Let me begin by getting right to the point. The opposition motion is, I believe, a simplistic reaction to a very complex set of issues and concerns. It looks for a quick fix where a range of efforts and instruments are both required and in fact already at work. The motion is uninformed, ill-considered and, in my view, impractical. Therefore, in short, it should be rejected by the House.

First let me be clear about the facts. The current Immigration Act already contains some of the toughest provisions to deny admission or deport terrorists and they are used frequently. Bill C-11, the new immigration and refugee protection act, would make a series of improvements that would allow us to intensify our fight against those who would threaten Canada's security. It clearly spells out a range for grounds for inadmissibility in a comprehensive code that would replace the current act's 50 different grounds scattered in 4 different lists. The new bill, called Bill C-11, contains comprehensive measures that would further strengthen national security, which is of course a priority not only for the government but for my department.

The new immigration and refugee protection act would add new grounds of inadmissibility. It would strengthen the authority to arrest criminals and individuals who present a threat to security. It would eliminate appeal rights in these cases and streamline the removal process for persons who are security threats.

Bill C-11 would provide our immigration officers with a set of up to date tools, the tools they need to bar entry to those who pose a threat to national security or engage in acts of terrorism or are part of a terrorist organization. Bill C-11 would bar entry to those who have committed human rights violations such as war crimes or crimes against humanity. It would also bar entry to those who have been convicted for serious criminality in or outside Canada.

Canadians have told us what they want in immigration and refugee legislation. Let me say that we have listened and we have acted. The training on these new provisions and their subsequent application is already taking place. It is underway, as we anticipate the bill will be passed, hopefully soon, in the Senate.

I want to be clear about Canada's relationship to immigration. Immigration is an important face of Canada's future, just as it has been in the past. Immigrants will help us to sustain our standard of living and replenish our labour market as the baby boomers begin to retire.

Let us consider for a moment some of the demographics. In just 10 years immigration will be the only source of labour market growth. In just 20 years Canada's only source of population growth will be from immigration. Of this there is no doubt. Canada needs immigrants for our future growth and prosperity if we are to compete in a global economy and continue to grow and prosper. Yes, have no doubt about this, but we do and will crack down on criminals and security threats. We will do everything in our power to fight and defeat the scourge of terrorism, but we cannot and we will not turn Canada into a fortress. Our economy, our society, and our way of life are too important to us to sacrifice them in this way.

Part of my mandate as Minister of Citizenship and Immigration, in partnership with the Department of Foreign Affairs and International Trade, the RCMP, CSIS, the customs agency, the Department of Justice and the solicitor general, is to help maintain the safety of Canadian society. Canadians are of course naturally disturbed and worried and feeling insecure and fearful because of last month's activities. They should know, and I think do know, that their government has acted and was right to have taken the action it has. They were concerned that criminals might be slipping into the country. They were concerned that the safety and security of Canada's borders might be compromised. That is why I announced my department's recent four-pronged strategy as part of the government's anti-terrorism plan.

My department's share of the emergency fund would amount to almost $50 million. That is a considerable sum for my department. It would strengthen the department's ability to move quickly on such key measures as the new maple leaf card, a permanent resident card for new immigrants that will be fraud resistant, tamper resistant and secure. The first step has already been initiated in intensified security screening of all refugee claimants, enhanced detention and increased deportation activity.

My department and its partners are working together to protect Canada's borders. We are working with the United States to protect our common border to ensure security and the important flow of trade between our two countries.

Canada is only one among the countries which find themselves facing the new and emerging terrorist threat to freedom and justice. As clearly illustrated by the terrible attacks on the United States last month, our terrorist opponents are highly motivated, highly skilled, funded networks of fanatics with access to intelligence and technology. Its members can change identity and location to elude authorities. They often use expertly forged documents.

We must be aware when we act emotionally or out of fear that above all we must guard against turning our fears against our own best interests. It is in our interest to continue to welcome immigrants, those who have helped build this country and who will be needed in the future to help us continue to grow and prosper. It is in our interest to welcome genuine refugees. Canada is proud of its humanitarian tradition. We despair about some of the dark moments of our history and do not want to make those mistakes again.

While no country is immune to the dangers, perhaps no two countries work more closely on the common goal of ensuring the safety of their citizens than Canada and the United States. The Government of Canada reacted and responded immediately to the horrendous acts of September 11. Immigration officers have increased their vigilance and tightened border controls. Our officers have been on high alert and are conducting intensified security screening of all arrivals on both sides of the border.

We work together more closely than any two countries in the world. That is why we will not unilaterally declare the United States to be, in the vernacular terminology of the Geneva convention, a safe third country. That has special meaning.

The opposition motion assumes we would do so without the consent of our American partners. It assumes we would begin sending back to the U.S. large numbers of refugee claimants who come to us through the United States. That is simplistic. Such arrangements rely on negotiated bilateral treaties. We are open to such discussions as we are open to discussions about a range of instruments and procedures to help make our system more compatible and efficient.

Why is my esteemed colleague determined to cast a pall over the country's good reputation? I am here today to assure him and all Canadians that there is every reason to speak confidently about Canada's role in the battle against terrorism. Canada is a world leader in detection and deportation. If we take the example of perpetrators of modern day war crimes and crimes against humanity, Canada has long voiced its strategy in this regard. My colleagues from around the world come to Canada to ask for our advice and look at what we do and how we do it. Canadians should be proud.

I will put the challenge in context. Over 110 million people enter Canada each year. Despite these numbers our enforcement officers have produced tremendous results. I am proud of the effort of the people who have been working in my department on this important initiative.

Our enforcement officers reported 65,000 people, 7,300 of whom were serious criminals, in the year 2000 alone. We have increased resources for overseas interdiction. We have one of the best immigration control officers networks anywhere in the world. It is a model. Our officers are placed at airports around the world and they train airline staff. They are doing an outstanding job.

We will continue to make every effort to stop people from coming to Canada who do not belong, who have murder in their hearts or terrorism on their minds or have committed serious crimes. We will do everything we can to protect Canadian interests. We will continue these efforts but we will not accept simplistic, quick fix proposals like the one proposed by the opposition today.

ImmigrationOral Question Period

October 18th, 2001 / 2:55 p.m.
See context

Thornhill Ontario

Liberal

Elinor Caplan LiberalMinister of Citizenship and Immigration

Mr. Speaker, in fact we have listened and introduced Bill C-11 in the House. It is before the Senate at present.

We know that we have to do things better and that we have to be faster, but we are determined to remain fair, to give due process of law and to make sure that when people come to Canada making a serious claim of persecution we do not prejudge the claim and we do listen to them, because we are proud of our humanitarian tradition.

ImmigrationOral Question Period

October 18th, 2001 / 2:40 p.m.
See context

Thornhill Ontario

Liberal

Elinor Caplan LiberalMinister of Citizenship and Immigration

Mr. Speaker, I disagree with the preamble. We know that there are many people who have all kinds of opinions about the bill, but there is no question that Bill C-11 is a big improvement over what exists today.