An Act to amend the Immigration and Refugee Protection Act

This bill is from the 39th Parliament, 1st session, which ended in October 2007.

Sponsor

Diane Finley  Conservative

Status

In committee (House), as of June 5, 2007
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

This enactment amends the Immigration and Refugee Protection Act to allow officers to refuse to authorize foreign nationals to work in Canada in cases where to give authorization would be contrary to public policy considerations that are specified in instructions given by the Minister of Citizenship and Immigration.

Similar bills

C-10 (41st Parliament, 1st session) Law Safe Streets and Communities Act
C-56 (40th Parliament, 3rd session) Preventing the Trafficking, Abuse and Exploitation of Vulnerable Immigrants Act
C-45 (40th Parliament, 2nd session) An Act to amend the Immigration and Refugee Protection Act
C-17 (39th Parliament, 2nd session) An Act to amend the Immigration and Refugee Protection Act

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.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-57s:

C-57 (2023) Law Canada-Ukraine Free Trade Agreement Implementation Act, 2023
C-57 (2017) Law An Act to amend the Federal Sustainable Development Act
C-57 (2015) Support for Families Act
C-57 (2013) Safeguarding Canada's Seas and Skies Act
C-57 (2010) Improving Trade Within Canada Act
C-57 (2009) Canada-Jordan Free Trade Act

Immigration and Refugee Protection ActGovernment Orders

June 5th, 2007 / 1:45 p.m.

Simcoe—Grey Ontario

Conservative

Helena Guergis ConservativeSecretary of State (Foreign Affairs and International Trade) (Sport)

Mr. Speaker, I am grateful to have this opportunity to join the debate on Bill C-57, An Act to amend the Immigration and Refugee Protection Act. Canada's immigration and refugee system is an important part of our identity, economy and society. For those people who are applying to enter our country, Canada represents hope, safety and a new start.

The Minister of Citizenship and Immigration has the authority under the act to grant entry to individuals who would otherwise not be permitted to enter Canada. This authority is an important tool, as it ensures that we are able to take into account the unique situation of each applicant. It helps us to remain fair, balanced and humane.

As hon. colleagues know, this authority is designed to be exercised in a transparent and accountable manner and the use of instructions is reported annually to Parliament. However, what the government cannot do under the current legislation is deny a work permit to someone who meets all the entry requirements; that is to say, under the current legislation, we cannot deny a permit even if we are convinced there is a strong possibility that a person may be exploited or abused in Canada.

Under the previous Liberal government, some applicants for work permits found themselves in situations leading to humiliating and degrading treatment, including sexual exploitation. As I raised in this House repeatedly during the infamous strippergate scandal of the previous Liberal government, women were degraded by being forced to provide nude photos of themselves. The hypocrisy of the previous Liberal government on this matter was stunning. While the Liberals stood in the House and for years acted out a routine of defending women, they did nothing to help, while some of their staff literally enjoyed the show.

Going back about 13 years, I had the privilege of volunteering at a sexual assault centre for just shy of seven years. Through that opportunity, I learned that one out of three women will be assaulted at some point in her lifetime. I think it is important to point out that now, 13 years later, that statistic has not changed. In fact, there is concern that it has increased and that one out of two will experience this.

At the height of the Liberal strippergate scandal, the price for one applicant was to work as a volunteer on a former Liberal cabinet minister's campaign. At one point the former Liberal minister of immigration said that admitting strippers under the temporary foreign work program was necessary to protect women. Then she flip-flopped and said it was exploiting women.

Essentially, the previous Liberal government gave blanket exemptions to foreign strippers to work in Canada despite warnings that women were vulnerable to being forced into prostitution and other forms of exploitation. It was shameful that the previous government helped facilitate what was in essence human trafficking by permitting foreign strippers into the country regardless of whether they could be potential victims of abuse or exploitation. This was all in spite of warnings that these women were vulnerable to being forced into prostitution and other forms of exploitation.

Of particular concern to me is the fact that the Liberals, despite being booted out of office, still do not seem to get it. The Liberal immigration critic, the member for Mississauga—Erindale, was dismissive of Bill C-57 when on May 17 he said:

I think we have the safeguards in place. This is just an attempt to change the channel to grab some headlines.

He also said:

It's a cheap attempt to change the channel and pretend to do something while they're really doing nothing.

On May 29, the Liberal immigration critic, the member for Mississauga—Erindale, dismissed Bill C-57 and said that it was frivolous legislation about so-called exotic dancers' working conditions.

Instead of dismissing Bill C-57 as frivolous, the Liberal immigration critic should have sought the opinions of highly respected organizations, but of course what would the Stop the Trafficking Coalition or the Future Group and/or the Salvation Army know?

What those groups do know is that this legislation is long overdue. All of those organizations have offered their support for this legislation.

I echo the Minister of Citizenship and Immigration, who expressed her dismay with the Liberal immigration critic who so flippantly dismisses Bill C-57, especially in light of the trouble the Liberals found themselves in during strippergate.

I am surprised that the Liberals would attack legislation that protects vulnerable foreign workers. I suspect the Liberals do not want a new law that protects workers coming to Canada from being exploited or subject to human trafficking, as a means to deflect from their own embarrassment and record of inaction. The Liberal Party, in my opinion, is out of touch.

Our government is very proud of having brought this legislation forward. We are proud of putting forward protections that will help prevent these situations for temporary workers in Canada, including strippers, who may be abused, exploited or possibly become victims of human trafficking.

Fortunately, this government is doing things differently and is getting things done for Canadians. Under our legislation, ministerial instructions would provide the government a mechanism to protect applicants from abuse and exploitation that they might otherwise experience. I should point out that this legislation only creates the legal authority to issue instructions and does not create actual instructions or target specific occupations. Instead, it sets out areas of concern and offers a set of possible risk factors for officers to consider.

The amendments we propose would include strong measures to ensure that the government is accountable and transparent as it uses this new authority. Each time the minister issues instructions under the authority, there will be transparency, as they must be published in the Canada Gazette. Furthermore, they must be published in the department's annual report to Parliament. This will finally cast light on the shadowy approach of the previous Liberal government.

Additionally, any decision by an immigration officer to refuse a permit would require approval by a second and more senior immigration officer. Canadians do not want an immigration system that can be used to victimize or exploit people. The new authority would also help stop human trafficking by ensuring traffickers cannot exploit the hopes and dreams of those who are seeking a better life in Canada.

This legislation is the latest of our ongoing efforts to strengthen Canada's immigration system. As I have said, this government is committed to transparency by ensuring that any instructions used under this authority are included in the annual report to Parliament. We are committed to ensuring that Canada's immigration and refugee system continues to have a positive impact on our economy and our society. Everyone who enters Canada should have a fair chance to find what they are looking for: hope, safety and a new start.

I think it is important to note what the NDP has said respecting the issue of the previous Liberal government facilitating the sexual exploitation of temporary workers. Here is what the NDP member for Winnipeg Centre had to say about the previous government's record:

The door is still wide open for the type of wholesale exploitation that existed with the eastern European dancers, and, in reality, the minister of immigration is still pimping for the underworld...by providing an endless stream of fodder for the underworld of pornography and prostitution under the guise of legitimate dancing.

Regarding the Liberals' allowance of a visa for exotic dancers, the member for Winnipeg Centre also said:

I condemn the government for allowing this program to exist. I cannot believe how callous and uncaring it must be.

The leader of the NDP, commenting on the so-called exotic dancer program, said:

Now the government might not any longer be pimping for the sex industry and that is a good thing and it never should have been doing that in the first place.

Given the strong statements by the NDP, I would hope that the leader of the NDP and his caucus will vote in favour of Bill C-57. Surely the NDP recognizes that our government is taking necessary action to deal with this issue, which once again is something the previous Liberal government failed to do.

As for the Bloc Québécois, its former status of women critic said:

When a nation...gives out temporary visas for so-called artists who are generally headed for the male entertainment industry, do you think we are opening the door to trafficking?...I feel that this is a sort of somewhat disguised legal trafficking.

Also, the Bloc member for Chambly—Borduas said:

--we are wondering if there could actually be policies unwittingly promoting human trafficking.

--the gist of what the member for Winnipeg Centre said...was that when offshore labour is imported in response to a shortage...like in the case of bars looking for exotic dancers and importing them from Rumania or elsewhere, these individuals often get mixed up with organized crime.

--I am talking about the Canadian government, of course. Is it not contributing to getting individuals, in this case exotic dancers, mixed up with organized crime?

Members of the NDP, the Bloc and the Conservatives all previously raised concerns about the previous Liberal government's lack of action on affording protection to foreign workers subject to abuse and exploitation. I hope their previous comments are followed up with action by voting in favour Bill C-57.

Canadians do not want an immigration system that can be used to exploit people. They expect the government to take all necessary steps to deal with the problems associated with the exploitation of vulnerable foreign workers and the crime of human trafficking.

Bill C-57 is an important step toward that goal. I urge all members of this place to do the right thing and support this very important legislation.

Immigration and Refugee Protection ActGovernment Orders

June 5th, 2007 / 1:55 p.m.

NDP

Bill Siksay NDP Burnaby—Douglas, BC

Mr. Speaker, I am happy to have the opportunity to address Bill C-57, An Act to amend the Immigration and Refugee Protection Act, which allows immigration officers to refuse to authorize foreign nationals to work in Canada.

I have to say at the outset that I believe this is an unusual proposal from the government. It is a strange piece of legislation. As proposed, the bill gives the minister discretionary authority to issue instructions allowing immigration officers to refuse foreign nationals work visas if they are seen to be at risk of being subjected to humiliating or degrading treatment, including sexual exploitation.

That is the basic premise of the legislation. It is discretionary to give the minister the opportunity to issue instructions, which would then be taken into consideration by a visa officer overseas when issuing a work visa.

The stated purpose of the act is as follows:

The instructions shall prescribe public policy considerations that aim to protect foreign nationals who are at risk of being subjected to humiliating or degrading treatment, including sexual exploitation.

The bill does not provide instructions directly. It merely makes it possible for the minister to issue such instructions.

My question is about how this protects women in particular, women who might be subject to trafficking, since that was one of the stated goals of the legislation when it was presented by the government.

I would contend that we should never get to the point of having someone apply for a work visa if there is any evidence whatsoever that the workplace that wants to hire them is connected to trafficking, if the employer has any connection to trafficking, or if the work being done is degrading or humiliating. There is absolutely no reason to issue a work visa to someone if any of those conditions exist, yet the legislation does not address any of those conditions directly.

It seems to me that the appropriate place to stop this concern is at the point of the labour market opinion prepared by the Department of Human Resources and Social Development. A labour market opinion is required every time a foreign worker is sought to work here in Canada as a temporary foreign worker. How does a job vacancy that the Minister of Citizenship and Immigration might find exploitative, degrading or humiliating get approved in that process? Surely the process of doing a survey of the workplace and the specific job is the appropriate place to make that determination.

Mr. Speaker, I will resume after question period.

Immigration and Refugee Protection ActGovernment Orders

June 5th, 2007 / 1:55 p.m.

The Acting Speaker Andrew Scheer

The hon. member for Burnaby—Douglas will have about 17 minutes after question period to finish his remarks.

The House resumed consideration of the motion that Bill C-57, An Act to amend the Immigration and Refugee Protection Act, be read the second time and referred to a committee.

Immigration and Refugee Protection ActGovernment Orders

June 5th, 2007 / 3:10 p.m.

NDP

Bill Siksay NDP Burnaby—Douglas, BC

Mr. Speaker, I am happy to resume speaking to Bill C-57.

Before question period, I was saying that the appropriate place to stop someone coming to Canada to work in a degrading or humiliating workplace surely was at the labour market opinion stage where Human Resources and Social Development Canada puts forward an opinion about that workplace and that particular job.

Doing the survey of the workplace and the job would be the appropriate place to make the determination about whether it was an appropriate place to work and an appropriate job to do. The process should be ended before anyone even applies for a work visa overseas.

However, it seems to me that this has largely been accomplished. It is my understanding that the number of work visas issued specifically for exotic dancers has already been dramatically reduced. My understanding of the statistic is that there were 423 such visas issued in 2004 but that last year, in 2006, that number was only 17. I do not believe there is a serious problem at this point. It seems that it has been largely addressed through existing programs and existing legislation. I do not believe, therefore, that this is serious attempt to deal with important issues of human trafficking.

It seems like now this is a rather minor program in terms of overseas workers and certainly a very minor attempt to deal with the important issue of human trafficking that exists here in Canada and around the world.

More than that, it feels like it is entirely a politically motivated piece of legislation. When the bill was first announced, it seemed like it was an opportunity to write the rather pejorative term “stripper” in a press release, to write it almost 10 times over the course of one press release and to drag up an old scandal that faced the previous government.

Rather than a serious attempt to deal with issue of human trafficking, I think this was a rather sad attempt by the Conservative government to drag up an old scandal of the Liberal government.

The stated goal of the bill is “to protect foreign nationals who are at risk of being subjected to humiliating or degrading treatment, including sexual exploitation”. In reality, it does nothing to accomplish that since all it would do is deny people a visa to come to Canada to work.

If they were under the influence of traffickers or unscrupulous people who were exploiting them for degrading or humiliating purposes, the bill would do nothing to remove them from that influence or from those circumstances. It merely denies them work visas to come to Canada. It leaves them in the clutches of the trafficker or the person doing this exploitation.

The bill does nothing to break trafficking rings. It does nothing to improve the situation of those people who seek this kind of work. It does nothing to address the working conditions in the sex industry in Canada or for exotic dancers in Canada or elsewhere. It does nothing to address their human rights. It does nothing to address flaws in criminal laws. It does nothing to address attitudes toward women in Canadian society.

The bill seems to say that there are some workplaces in Canada that are inappropriate for foreign workers but, because it does nothing to address the apparently serious problems of those workplaces, that it is all right for Canadians to work there. Surely this exposes the flawed approach of the government with this legislation. If this is an inappropriate workplace for a foreign worker, it should also be an inappropriate workplace for a Canadian worker, and this legislation does absolutely nothing to address that situation.

I believe that in some quarters there is hope that the bill might be able to improve it or amend it but, frankly, I am not optimistic about that but I will not slam the door shut on it. I believe this bill is likely to make it to committee and I will do my job there to see what comes before the committee in terms of amendments and improvements. However, it does not change my mind about the bill. I am still opposed to the bill before us but I will do my job when it comes before the committee.

Many of us believe that many foreign workers, including temporary foreign workers, agricultural workers and live-in caregivers, are exploited in Canadian workplaces. Those concerns have been expressed time and time again over many years without any action being taken on that exploitation that happens already here in Canada.

The concerns include: wages that are below the Canadian wage standard in many industries; employment standards such as hours of work; inappropriate accommodation; special charges; workplace safety; restrictions, such as the requirement that makes it impossible for a live-in caregiver to change employers; and temporary foreign workers inability to address permanent resident status and, ultimately, the rights and responsibilities of Canadian citizenship.

Those concerns are all well-documented problems with our temporary worker program here in Canada. This bill, by seeking to only address a tiny piece of the problems facing temporary foreign workers, misses the point.

Many people believe that these concerns that have been expressed about other temporary worker programs amount to degrading and humiliating treatment because they are conditions that would be absolutely acceptable to Canadians working in those industries. It is no surprise that Canadians are often unwilling to work for instance in the agriculture industry because of some of the working conditions there. Canadians are unwilling to work as live-in caregivers because of the conditions of work that are in that profession.

The bill does nothing to address degrading and humiliating workplaces in Canada. If these workplaces are unacceptable destinations for foreign workers, they should also be unacceptable for Canadian workers.

For those reason, the NDP cannot support the legislation. We say that we should be focusing on the harm caused due to the problems of those workplaces. We should change the unacceptable conditions that plague these workplaces and these particular programs that temporary foreign workers face when they come to Canada.

Instead, what we are offered by the government in Bill C-57, I believe, is an attempt at moralistic legislation that bandies about the pejorative term strippers as a way of mobilizing support for something that I think is a very small piece of the problem. It is also paternalistic in that it seems to indicate that an immigration officer knows better than, for instance, the woman overseas who is applying to come to work in Canada.

If we had better employment standards and tougher requirements for employers who want to employ temporary foreign workers, the bill would be completely unnecessary.

I want to talk a bit about the report of the Subcommittee of the Standing Committee on Justice and Human Rights with regard to Canada's solicitation laws. The report was called “The challenge of change: A study of Canada's criminal prostitution laws” and was tabled here in December of last year.

The report makes a recommendation on human trafficking. It was the second recommendation of the report and I would like to read that into the record because I think it was a helpful intervention. It states:

The Subcommittee recommends that the Government of Canada ensure that the problem of trafficking in persons remains a priority so that victims are provided with adequate assistance and services, while traffickers are brought to justice.

Unfortunately, the bill before us today, which purports to deal with the issue of human trafficking, addresses none of that. It does not ensure that traffickers are brought to justice in Canada. In fact, it only prevents someone who the minister may feel might be subjected to trafficking, from escaping the clutches of that person in their country of origin. It also does nothing to improve the assistance that is available to victims.

We need to ensure we are identifying and prosecuting people who engage in human trafficking. Why are these people not being identified? If they are, why would any of them be able to have a job vacancy certified here in Canada?

The special committee on solicitation also made other recommendations. One of them was to ensure that police had the training resources that are necessary. They also talked about the need for a good understanding of prostitution and the sex industry in Canada.

The subcommittee's sixth unanimous recommendation was:

The Subcommittee recommends that the Department of Justice coordinate research on prostitution on a priority basis with other levels of government, institutions, and non-governmental organizations, as well as persons selling sexual services. This research should include an examination of best practices adopted in Canada and abroad.

What that recommendation goes to is the fact that we do not clearly understand the workings of the sex industry in Canada. We do not clearly understand what is the most helpful approach to prostitution and to the sex trade here in Canada and sex work here in Canada. The research is incomplete. We do not understand what sexual exploitation really means in our society. There is contradictory research on those issues.

The subcommittee on solicitation said that we must be clear, that we have to develop good public policy alternatives and that we need to do that work. Again, Bill C-57 does nothing to ensure that that work is undertaken, so that we come to a clearer understanding of that in Canadian society and here in Parliament.

The Standing Committee on the Status of Women also recently tabled a report that made 33 recommendations on human trafficking and on trafficking for the purposes of sexual exploitation. That report is, “Turning Outrage into Action To Address Trafficking for the Purpose of Sexual Exploitation in Canada”. It was tabled in February 2007.

I realize there is some concern about some of the recommendations and about the thoroughness of the study that the committee was able to undertake, but it is very interesting to look at the report. I think there is a helpful discussion.

I note that in its over 58 pages not once does it suggest the course of action taken by the government in Bill C-57. Not once does it suggest that the way of addressing human trafficking is to deny visas overseas to people who might come to Canada to work in a degrading or humiliating workplace. Instead, it discusses anti-poverty measures but interestingly not in a global context, but which is surely an issue when we are dealing with international human trafficking.

That report also discusses gender equality, sexual exploitation, Criminal Code changes, sexual tourism, increasing awareness of trafficking, women in migration, immigration policies and regulation, the need for a Canadian counter-trafficking office, training for law enforcement officers, victims services and resources for the police.

Not once does it suggest denying visas to women who might potentially be trafficked. Instead it outlines a long and detailed agenda of many other issues which go to the heart of human trafficking in Canada and around the world.

Again, I have to say that Bill C-57 seems a very paltry contribution to the whole issue of human trafficking, especially given some of the recent work done by subcommittees and standing committees of the House of Commons.

I would contend that poverty is an issue when we are looking at human trafficking. Therefore, our foreign aid commitment is an issue.

Canada's determination to lead wealthy countries to address poverty is also an issue when we are trying to address the issue of human trafficking. If the economic situation of women and of all people worldwide improved, it would put a huge dent in trafficking and make it less attractive as a mechanism to escape poverty, a less attractive mechanism to finding a more hopeful future for some people and women around the world.

We should also be addressing immigration possibilities for women and ensure that women's success as independent applicants addresses the financial disadvantages that many women face in the immigration process. Again, there is nothing in Bill C-57 to address that kind of problem.

In fact, I would rather see a program that would help immigration officers overseas when someone has come to them to apply for a visa to escape either poverty or exploitation as a trafficked person. Those officers should have options available to them to ensure that something is done to protect the person and to ensure that the person is safe, that something is done to ensure that action is taken against the trafficker or the exploiter and something is done to help that person establish himself or herself successfully in his or her own country or even here in Canada.

It would be better to look at Criminal Code amendments here in Canada. Surely it is through the Criminal Code that we would deal with issues of trafficking and exploitation, and issues of humiliating and degrading work. Surely those are issues that demand Criminal Code attention and not just the action of an immigration officer overseas.

We also need to make sure that international agreements are promoted by Canada and upheld by Canada to ensure that human trafficking is addressed in those kinds of forums around the world.

Trafficking and sexual exploitation are serious issues that demand serious action. Unfortunately, this bill is not that action and we in this corner cannot support it.

We do not see it as a serious attempt to stop trafficking, to prevent people from being exploited in degrading or humiliating workplaces, or to address sexual exploitation. We have to address the workplace here in Canada, deal with the exploitative employer, deal with the work situation that causes someone, anyone, to be degraded or humiliated for whatever reason, not just sexual exploitation.

We need to deal with the flaws in the approval process that allow temporary foreign workers to come to Canada. How does an employer who operates a degrading or humiliating workplace get approval to seek temporary workers in the first place?

We need to deal with Canadian employment standards. If there are degrading and humiliating workplaces here in Canada, then they should be shut down, plain and simple. If a workplace is a legitimate workplace suitable for Canadians, then there should be no problem in allowing foreign workers to make a living there either.

That is the problem that must be solved. I think the bill misreads that problem and proposes no solution to that serious matter. Other organizations agree with that.

The Canadian Council for Refugees is the most widely respected organization working with immigrants and refugees in Canada and includes representatives of almost every refugee serving organization in the country. Its position on this legislation is particularly enlightening. The CCR says very clearly that Bill C-57 takes the wrong approach to the problem of trafficking. I want to quote from the council's press release where it says:

“This bill does nothing to protect the rights of trafficked persons already here in Canada,” said Loly Rico, chair of the CCR's Anti-Trafficking Committee. “Worse, the bill takes a condescending, moralistic approach, empowering visa officers to decide which women should be kept out of Canada for their own good.”

That points very clearly to a serious problem with the legislation. The Canadian Council for Refugees also goes on to talk about five other ways that it believes this is flawed and wrong legislation. The council points out that the bill fails to address the root problem of the existence in Canada of jobs that humiliate and degrade workers. The council believes that parliamentary time would be better spent to address the broader spectrum of the exploitation of non-citizens in Canada.

This is a very problematic piece of legislation. We in this corner of the House cannot support it because we do not believe that it gets to the heart of the issue, dealing with human trafficking, dealing with issues of exploitation in degrading or humiliating workplaces.

Immigration and Refugee Protection ActGovernment Orders

June 5th, 2007 / 3:30 p.m.

NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Mr. Speaker, I want to thank the member for Burnaby—Douglas for his very eloquent discussion on the problems with this piece of legislation.

The member highlighted a number of areas of concern. One is around the issue of what a safe workplace would be. I certainly know there are Canadians who are being exploited. I know the other house has a current study under way on the commercial sexual exploitation of aboriginal children. It is not just foreign workers who are subjected to that; Canadians are as well.

The question I really want to ask the member is about some of the larger problems with the temporary foreign worker program itself. The live-in caregiver program, for example, is an area where largely women are exploited on an ongoing basis.

In my own riding of Nanaimo—Cowichan currently there is a situation where a worker is with an employer who is exploiting her. The case is well documented. She is attempting to transfer to another employer, but it will take weeks for that to happen. She has to continue in that situation.

Could the member specifically talk about some of the mechanisms that need to be put in place to address some of the serious problems with the temporary foreign worker program?

Immigration and Refugee Protection ActGovernment Orders

June 5th, 2007 / 3:30 p.m.

NDP

Bill Siksay NDP Burnaby—Douglas, BC

Mr. Speaker, there is a problem with temporary worker programs here in Canada. Sadly, it is a long term and historical legacy of Canada. We all know about the problems that were experienced by Chinese workers who came to Canada to work on the railways and the lack of concern for their safety and well-being.

Sadly, I believe that legacy continues through to this day. We see it with agricultural workers in Canada who often work under very difficult conditions. We see it with agricultural workers facing racial discrimination. We saw very blatant racial discrimination recently in Quebec. We see it in terrible working conditions and living conditions for agricultural workers. We see it in limitations on their ability to change jobs.

We often see employers interfering in the basic human rights of temporary foreign workers by doing things like seizing passports and not allowing them access to their travel documents.

We also see that legacy in the example that the member gave of the live-in caregiver program, where a live-in caregiver is not able to change employers. It has been said in the past that those workers are often like an indentured servant to one particular family. They do not have the ability to change employers even if there are problems with the working conditions in that workplace.

The government has expanded and has speeded up the approval process for temporary foreign workers even though there are continuing problems. We have seen that recently with exploitative brokers, who charge foreign workers huge amounts of money to find them temporary positions here in Canada. We saw it with Chinese workers in the tar sands who were recently killed on the job. There are concerns about safety standards in some workplaces and the ability to communicate appropriately with foreign workers who may not have English or French as their first language.

We have also seen it on the rapid transit project in Vancouver where workers were brought in offshore from Central America and South America. They were paid at a rate that initially was something like $3.27 an hour, much below the minimum wage here in Canada.

Many of us are concerned that temporary foreign workers can be used as a way of driving down employment standards and wage standards here in Canada. The example of the temporary workers working on the rapid transit project in Vancouver certainly draws our attention to those specific problems and makes it patently obvious that that seemed to be what was going on there.

There are all kinds of problems with temporary foreign worker programs here in Canada. Sadly, this bill does nothing to address any of those very major concerns for any of those workers.

Immigration and Refugee Protection ActGovernment Orders

June 5th, 2007 / 3:35 p.m.

Liberal

Jim Karygiannis Liberal Scarborough—Agincourt, ON

Mr. Speaker, I would like to thank my good friend the member from the NDP who so eloquently put forward the facts about foreign workers. He spoke about people getting killed on the job. He has expressed those views in committee. We look forward to discussing undocumented workers in committee when we come back in the fall.

In committee there was a motion about having a moratorium on the deportation of undocumented workers. The surprising fact was that when I rose in the House last week to ask for unanimous consent to move this motion forward, the Conservatives were not in the House. This was a great opportunity. This was not a problem for the Liberals. This was not a problem for the Bloc. Who ran in to say there was not unanimous consent? The NDP member for Trinity—Spadina. We are talking about a pink champagne drinking socialist. We are talking about the people who pretend to back workers. If the NDP members really back the workers, if they really are for the workers, if they really do not want to have foreign workers mistreated, then they should have supported my unanimous consent request.

Immigration and Refugee Protection ActGovernment Orders

June 5th, 2007 / 3:35 p.m.

NDP

Peter Julian NDP Burnaby—New Westminster, BC

You don't really like anybody do you?

Immigration and Refugee Protection ActGovernment Orders

June 5th, 2007 / 3:35 p.m.

NDP

Bill Siksay NDP Burnaby—Douglas, BC

Mr. Speaker, we started out well when the member described me as his good friend. It kind of went downhill from there, unfortunately.

I know the member tried to seek unanimous consent for that motion last week, but my understanding was that he did not do any negotiating ahead of time, so it took everybody by complete surprise.

The good news is the motion introduced at the committee, the report on stopping deportations of undocumented workers until a new policy was in place, a motion that New Democrats put forward, was approved and reported to the House. The member for Trinity—Spadina moved concurrence on that several weeks ago. It was debated in the House, and it will come to a vote tomorrow night.

Therefore, we will be able to see exactly who in the House supports ensuring that undocumented workers, who make a huge contribution to the Canadian economy and who are absolutely necessary to the functioning of the Canadian economy, can stay on the job. We will also see who is supporting their families being able to continue the important contributions they make to Canadian society. That opportunity is coming up tomorrow night.

The member for Trinity—Spadina has a very keen interest in the situation of undocumented workers. I know from her work in Toronto that she has been incredibly supportive of those people and has done a lot of work to recognize their contributions and the contributions of their families to Canadian society. I am glad she took that initiative. We will have the opportunity to act in the House on the recommendation put forward by the NDP.

Immigration and Refugee Protection ActGovernment Orders

June 5th, 2007 / 3:40 p.m.

Conservative

David Tilson Conservative Dufferin—Caledon, ON

Mr. Speaker, the purpose of the bill is to prevent vulnerable foreign workers, including strippers, from being exploited or abused.

I understand my New Democratic colleague has said it does not go far enough and he has given all kinds of examples, which I suppose he is free to do in committee. However, let us think what this stemmed from. The previous Liberal government gave blanket exemptions to foreign strippers to work in Canada, despite warnings that the women were vulnerable to forced prostitution and other forms of exploitation.

These amendments would give the authority to the Minister of Citizenship and Immigration to instruct immigration officials to deny work permits to foreign strippers.

Notwithstanding that my colleague says it does not go far enough, and he has the right to raise that in committee, what is wrong with that general principle?

Immigration and Refugee Protection ActGovernment Orders

June 5th, 2007 / 3:40 p.m.

NDP

Bill Siksay NDP Burnaby—Douglas, BC

Mr. Speaker, what is wrong with it is the job essentially has already been done. The initiatives were started by the previous government and are continued by the current government. As I said, back in 2004, 423 such permits were issued. Last year, there were only 17. The bill would really add nothing to the protection of foreign workers in Canada.

As the Canadian Council for Refugees said in its press release:

Only a handful of work permits have been issued to “exotic dancers” in recent years. Parliamentary time would be better used to address the broader problem of the exploitation of non-citizens in Canada.

Bill C-57 does not do it. It is a waste of our time. In this corner, we cannot support it for those reasons.

Immigration and Refugee Protection ActGovernment Orders

June 5th, 2007 / 3:40 p.m.

Conservative

Ed Fast Conservative Abbotsford, BC

Mr. Speaker, I am pleased to have the opportunity to join in this important debate on Bill C-57, An Act to amend the Immigration and Refugee Protection Act.

First, I thank my colleague, the hon. Minister of Citizenship and Immigration, for having the foresight and integrity to propose this important and badly needed amendment. It takes courage to turn back the clock and go back to what spawned this whole issue.

We had a Liberal government in place for 13 years. It had a policy that allowed strippers, foreign nationals, to come into Canada under a blanket exemption. Canadians found this completely abhorrent, that we would allow foreign nationals to come into Canada where more often than not they were exploited sexually. Therefore, I really admire the minister's courage for having undertaken this very small but significant step.

A number of hon. members have already spoken about the need to protect foreign nationals, who may be vulnerable to exploitation and abuse through their application for temporary work permits in Canada. I commend those speakers for their participation and I am hopeful they will all support the legislation.

We just heard from members of the NDP. They do not support the legislation. They do not support putting up some safeguards to ensure that foreign nationals going into the stripping industry do not get into Canada. They would like to see them come into Canada first and then deal with the problem after the fact.

At first glance, this issue may appear to be quite simple to some. However, it is not that simple as there are many dimensions and perspectives which add to its overall complexity. This is evident by the number of stakeholders who are involved and affected by this matter. In fact, many of those stakeholders have appeared before various committees of the House. Naturally, each one has a different approach to a solution to the problem. However, I believe they all agree on one thing, and that is a comprehensive approach is needed to significantly reduce the risk of exploitation of foreign nationals, including exotic dancers who are seeking temporary work in Canada.

I believe Bill C-57 is the responsible, measured and accountable approach to the problem of sexual exploitation of foreign nationals and the whole issue of human trafficking, which I will get to in a moment.

As other members have already pointed out, a number of countries have adopted similar legislation to ours. If we talk to stakeholders who daily provide assistance and support to those who have been victimized, I believe we will find them agreeing with the old adage that an ounce of prevention is worth a pound of cure. That partly addresses the comments we just heard from the members of the NDP, who suggest that we let them come into the country and then create all kinds of social programs to try to help them.

I urge those who have doubts about the legislation to talk to the ultimate stakeholders in this matter, the victims. Women and children who have been trafficked from around the world are being victimized time and time again.

I want to talk about a colleague of mine, the member of Parliament for Kildonan—St. Paul, who has taken the whole issue of trafficking of human beings very personally. She even introduced in the House a motion which asked governments across Canada to move forward in addressing the whole issue of human trafficking. I was privileged to speak to that motion. Bill C-57 is simply one small but significant response to that cry for help from the victims of human trafficking. Kudos to the member for Kildonan—St. Paul for taking this issue on.

I had a chance to sit in on one of the meetings of the Status of Women committee. Numerous stakeholders involved in the whole issue of human trafficking provided testimony. Their stories really touched our hearts, people who have been victimized to their core and not only once, but time and time and time again.

What is interesting is the fact that not only are foreign nationals being trafficked into Canada. Canadians, usually Canadian girls and women who in some cases go into the modelling industry, end up going abroad to places like Milan. Suddenly they find themselves involved in the whole issue of sexual exploitation and are trafficked. It is very unfortunate. It is something that occurs around the world, and we have to address it immediately.

When I listen to the stories of the victims about how they were abused and exploited, I cannot understand how Canadians can not do something about it. It is unconscionable that we in Canada are not going to take some concrete steps to address this issue. If we were to ask the victims, if they would be willing to repeat their experiences, we know what their answer would be.

Bill C-57 would provide the government with the authority to save individuals from such a fate of victimization at the hands of human traffickers. It would also strengthens our ability to protect Canada's immigration system from being abused by traffickers and shady immigration consultants, those who know there are vulnerable victims around the world who can be abused, especially here in Canada.

Without the authority of this bill, a gap will continue to exist in the legislation that governs our immigration and visa system. That gap must be closed. I suggest that not doing anything about this problem would be abdicating our responsibility as government, as Canadians. That responsibility is to ensure the safety and security of all individuals within our borders and those who come to our borders.

I know some members may be concerned that such additional authority could lead to an abuse of power. An abuse of power on whom, the victims? More likely it will be the traffickers who are upset that we have interfered with their business. This is not an issue of abuse of power. We are dealing with pimps and human traffickers who abuse human beings.

In response to that allegation, the legislation once again proves that our new Conservative government is committed to being open, transparent and accountable when we bring forward legislation like this. We are being open in the sense that any denial of entry by foreign nationals must be based on clear public policy objectives and evidence that backs it up. We are also being transparent in that any decision by an immigration officer to refuse a work permit to a foreign national would require the concurrence, in other words, the agreement, of a second officer.

Finally, the proposed legislation will introduce accountability, as well, in that the ministerial discretion to deny work permits would be published in the Canada Gazette and reported in the annual report to Parliament on immigration.

The days of the Liberals' strippergate scandal are over. Canadians were horrified when that scandal occurred. They asked how it could happen in a civilized country. Today we are closing the door on that.

To demonstrate our government's commitment to being open, transparent and accountable, I will quote immigration lawyer Richard Kurland. He said:

What is absolutely striking about the new government's approach, unlike the former government, the new government is going through the front door. I have never seen this in 15 years of immigration policy a very controversial plan that has [been] brought before Parliament. Normally, in years past, it was done behind the bureaucratic doors, or through a [fait accompli] regulation with no public debate. That's what's remarkable to day [for immigration policy].

Those are the words of Richard Kurland, a noted immigration lawyer. He made those comments on The Verdict, CTV Newsnet, May 16, 2007.

That was our commitment to openness and accountability, and that is exactly what the bill will do. Canadians know what they are getting from a new Conservative government.

Some of my colleagues have already referred to positive and supportive remarks made by representatives of several stakeholder organizations. In many cases they represent those organizations that actually intervene on behalf of the victims of human trafficking. They intervene on behalf of those foreign nationals who, one way or another, come into Canada and are now being exploited sexually.

I would like to reiterate the support we have received from key stakeholders concerned with the very important issue of human trafficking. For example, Irena Soltys, who is the co-chair of the Stop the Trafficking Coalition, said the following:

Stop the Trafficking Coalition supports [the Minister of Citizenship and Immigration's] announcement regarding changes to the Immigration and Refugee Protection Act to protect vulnerable workers. Included in this are women that may be exploited as exotic dancers and forced to work as sex slaves...Canada, as an international human rights leader, owes them the protection they are entitled to.

Sabrina Sullivan of the Future Group said:

--[the] Immigration Minister has taken an important step to protect women from sexual exploitation and end a program that made Canada complicit in human trafficking. It is clear that [the Prime Minister's] government is serious about combating human trafficking.

John Muise, director of public safety for the Canadian Centre for Abuse Awareness said that Bill C-57 was “part of the response that needs to occur in terms of protecting women and children in this country”. That was from CTV Newsnet's The Verdict of May 16, just this past month.

Then, of course, we have the Salvation Army, which also welcomed the May 16 announcement of these proposed amendments to the Immigration and Refugee Protection Act. Christine MacMillan, territorial commander of the Salvation Army in Canada and Bermuda, said:

This announcement is an excellent advancement towards the protection of women from sexual exploitation. It is another positive step in the fight against human trafficking, and we are encouraged by the leadership shown by the Federal Government.

That is from no less an organization than the Salvation Army. I think all of us in this House can agree that the Salvation Army has spent not only decades but a couple of centuries addressing the issues of human poverty, of addiction, and of people who are in deep distress and need and in many cases are being exploited. The Salvation Army supports our legislation, Bill C-57.

It is interesting that even some in the adult entertainment industry support this bill. They are the ones who are mostly likely to be hurt by this. They may have fewer resources available, at least initially, to be able to carry on their business, but some of their members have actually expressed support with what we are moving forward with, which is to address the root causes and the issues that arise out of human trafficking around the world. As Canadians, we do not want to be complicit in assisting human traffickers to ply their trade in our country.

It is clear from the support of these key stakeholders that this legislation is not only important but essential to help deal with the very serious problems associated with the abuse and exploitation of vulnerable foreign workers.

Canada's government is taking real action to help prevent the exploitation of women and children, while protecting other foreign workers who could be subject to the same kind of abuse and exploitation here in Canada at the hands of our own traffickers.

Facilitating human trafficking by permitting foreign strippers into the country, regardless of whether they could be potential victims of abuse, is not acceptable. In Canada we do things differently. We respect human rights.

Canadians are justifiably proud of our worldwide reputation for fairness. It is unacceptable to allow the situations of exploitation that existed under the previous Liberal regime to continue.

I am pleased to hear that the Liberal and Bloc members apparently have seen fit to support our legislation, although some of the comments from the Liberal benches are really paying lip service to this bill.

Immigration and Refugee Protection ActGovernment Orders

June 5th, 2007 / 3:50 p.m.

An hon. member

The bill is too skimpy.

Immigration and Refugee Protection ActGovernment Orders

June 5th, 2007 / 3:50 p.m.

Conservative

Ed Fast Conservative Abbotsford, BC

The member across the way says the bill is too skimpy. It is one small but significant step in the right direction. The bill does exactly what the motion of my colleague from Winnipeg did, which was to ask this House and governments across Canada to support efforts to stop the trade of human trafficking.

Unfortunately, we have heard the NDP speak out against the legislation. The member for Vancouver East and the member for Burnaby—Douglas have spoken out against it. That is unfortunate. I would ask NDP members how they square their current position with the previous commitments of their own NDP colleagues such as, for example, the member for Winnipeg Centre, and even their own leader, the member for Toronto—Danforth. I would like to quote those members. It is instructive.

For example, the NDP member for Winnipeg Centre said the following about the appalling record of the former Liberal government:

The door is still wide open for the type of wholesale exploitation that existed with the eastern European dancers, and in reality the minister of immigration is still pimping for the underworld.

He went on to say:

Five successive ministers of immigration have been pimping for the underworld by providing an endless stream of fodder for the underworld of pornography and prostitution under the guise of legitimate dancing.

Whose comments were those? They were from the NDP's own member, in the Winnipeg Sun of October 30, 2005.

With respect to the previous Liberal government's allowance of a visa for exotic dancers, this blanket exemption, the NDP member for Winnipeg Centre also said:

I condemn the government for allowing this program to exist. I cannot believe how callous and uncaring it must be.

That is pretty categorical, I would suggest, coming from an NDP member.

Even the leader of the NDP, the member for Toronto—Danforth, said the following about the so-called exotic dancer program that resulted, of course, in the Liberal strippergate scandal:

Now the government might not any longer be pimping for the sex industry, and that is a good thing, and it never should have been doing that in the first place.

In light of these previous statements by the leader of the NDP and the NDP member for Winnipeg Centre, I am very disappointed and quite surprised that the NDP now has chosen to oppose Bill C-57. That is shameful. How can they flip-flop like that?

I would ask the NDP to reconsider its position, recognizing that our Conservative government is taking real and necessary action to deal with this important issue, which is something the previous government failed to do.

I appreciate having the time to share my feelings on this issue.with my colleagues here in the House. I strongly support Bill C-57 and I know that my government does. I know that members from some of the opposition parties do as well. As for those members of this House who still do not support it, I ask them to reconsider.

We as Canadians take pride in protecting the most vulnerable in our society, our children, the disabled and, yes, foreign workers who are being trafficked around the world, who want to come into Canada and ply their trade here.

Let us make sure this does not happen. I urge all members to do the right thing and support quick passage of Bill C-57.