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 / 5 p.m.

Liberal

Jim Karygiannis Liberal Scarborough—Agincourt, ON

Mr. Speaker, the minister brought forward Bill C-57 in order to distract attention from other problems the Department of Citizenship and Immigration is facing.

I am going to continue from where I left off when I asked my question of the parliamentary secretary. I am going to read a paragraph from an article from May 17 saying that people accused “the Conservatives of pandering to their morally traditional voter base by making much fanfare about a relatively redundant bill”.

This is a clearly a move by a Conservative government that wants to keep calling itself the new Government of Canada. If one buys a suit today, it is new, and after a week it is a bit older, but after a year and a half it is old. Those members can only brand themselves as being a Conservative government.

On May 24 an article in the Toronto Star said:

Talk to the skilled professionals driving cabs, the doctors working as orderlies and the lawyers making telemarketing calls. They need Finley's attention too....

Wouldn't it make more sense to focus our energy on the vulnerable people who need Canada's protection, rather than devising ways to keep people out?

Bill C-57 is a skimpy bill for a skimpy issue. I am sure that if the department looked carefully at this, it could administratively bring forth an issue that could certainly prevent strippers from coming to Canada.

The minister is bringing forward this bill in an effort to camouflage other difficulties the department is facing under the Tories, such as the length of time it takes to process a spousal sponsorship. For example, a Canadian meets someone who is visiting Canada, they fall in love, they get married, and the Canadian decides to sponsor his or her spouse inside Canada. Under the Liberal government, the process was finished in six or nine months. Under the Conservatives, proven by documents given to the minister, it is taking up to two years. This prevents a young couple from starting their lives.

Lo and behold, if it is the wife who is sponsored and she gets pregnant, it is going to cost that couple anywhere between $10,000 to $15,000 for that child to be born, because that young lady would have absolutely no health coverage. This is going on while the Conservative government is dickering around with Bill C-57. Imagine that. I am talking about a Canadian citizen, an individual born in this country, and his or her father would have to pay $10,000 to $15,000. The Conservative government is putting people at risk by not working fast enough on spousal sponsorships.

There are other things that the Conservatives are trying to mask, such as the issue of lost Canadians. There are facts and fiction about lost Canadians. I would like to take that route.

There are thousands of Canadians who have lost their citizenship and are trying to get it back. There are thousands sitting in silence saying nothing, fearing that their family secret will be disclosed. Some just do not even know they are not Canadian citizens due to archaic and unjust legislation.

I have to admit that there are others more knowledgeable on the subject than I. However, I have become very familiar with this file. Some might say I have become too familiar with the effect this file has on Canadians.

Under section 8 of the 1977 Citizenship Act, unless children born abroad to Canadian parents reaffirms their citizenship by the time they are 28, they could lose their right to hold a Canadian passport and claim citizenship. They could end up being stateless and the Conservative government would not give a damn.

This was the case with my fourth daughter. She was born outside Canada. I quickly learned about the file of lost Canadians and of people like Joe Taylor, who has been fighting the Department of Citizenship and Immigration for the last five years. Joe Taylor wants his right to citizenship. The Department of Citizenship and Immigration has appealed a decision, thus holding in abeyance a few hundred cases. The number depends on who we ask. The minister says 250, but departmental officials say 400.

Fact: the minister does not know which end is up.

Fiction: people born in Canada are Canadian citizens.

In January I wrote a letter to the Minister of Citizenship and Immigration asking that she take steps to resolve the matter of lost Canadians.

Fact: four steps were suggested to the minister, among them that the department advertise to advise Canadians that they might have lost their citizenship.

Fiction: when she appeared in January the minister and deputy minister advised the committee that they indeed had advertised. The deputy minister later advised members of the committee that this was not the case.

As the committee on citizenship and immigration began hearings on the issue of lost Canadians, the members heard stories that astounded Canadians as to how the Department of Citizenship and Immigration was screwing around with people's lives.

Canadians heard horror stories of people who had been misled and given half information, people who had lost their citizenship for a variety of reasons, or never had Canadian citizenship, and people who had lost jobs because they could not get a passport to travel abroad. Many people have lost everything.

Fact: a lost Canadian who has to apply for citizenship has to wait for a long time to get the matter resolved.

Fiction: according to the Citizenship and Immigration website, those cases deserve immediate attention and the minister is making these individual cases a priority.

The minister has attempted to disrupt the work of the committee. The last time her officials were testifying before the committee, they were even giving half facts. When the department officials were pressed for answers, the chair of the committee adjourned the meeting. This was followed up by letter to the chair of the committee from the minister telling committee members how to carry out their work.

Fact: “--I will ask my Deputy Minister indicate that, if the witnesses have any doubt about answering a question put to them by the Committee members, they should not answer immediately, but provide a response, in writing, at a later date”.

Fiction: Joe Taylor, a positive response from the minister is in the mail. What a shame.

In order for people to receive citizenship, whether they are lost Canadians or naturalized Canadians, they must undergo background checks by RCMP and CSIS.

Fact: it takes six to eight months and the standard answer from the RCMP inquiry states that the processing time is currently in excess of 120 days from receipt of the application. Note that processing times can vary due to incoming workloads. I will be tabling such a letter that I have received a little later on.

Fiction: the minister stated in committee that she has a verbal agreement with her counterpart minister, the Minister of Public Safety, in which the cases of lost Canadians will be handled in two weeks. The minister further stated that she had a proposal for new legislation which would take care of the problem. Again, she is disrupting the work of the committee in putting forth a real ill-conceived plan.

Fact: the new act proposes anyone born in Canada on or after January 1, 1947, will have citizenship even if they lost it under the provisions of the 1947 Canadian Citizenship Act.

Fiction: this part of the proposed legislation looks after the war brides and war babies. According to the minister and the proposed legislation, World War II happened after 1947.

The minister goes further in the proposed legislation and states that on or after January 1, 1947, Canadian citizens will have their citizenships confirmed if they are first generation born abroad, but no further. This means that second generation Canadians born abroad are not recognized by Canada. They will be illegitimate Canadians. They will be stateless.

Fact: we brought back a few thousand people from Lebanon last summer and the Conservative-Reform-Alliance Party, or CRAP, the base of this new government, is screaming that people should not have dual citizenship.

Fiction: the minister stated, “Despite widespread media coverage...the number of cases of individuals in Canada whose citizenship status needs to be resolved is still limited”. The minister simply does not know the file.

Time and time again, she tried very hard to convey a message that she knows what she is talking about and that the department officials, on her instructions, are working for our interests, and advertising and looking for every opportunity to contact lost Canadians.

Fact: the minister is playing to her Reform agenda that pits one Canadian against another. The real fiction is when the minister states:

My heart goes out to all those who have been affected by this issue due to outdated laws that have been on the books for many years. While the previous government chose not to act, we are taking action and moving forward to help those whose citizenship is in question.

I would say to the minister the following. Get on with the facts and drop the fiction. Canadians want the facts. Canadians deserve the facts.

There is also another topic which the minister is trying to circumvent and it deals with undocumented workers. Undocumented workers are people that have come to Canada and have for many years tried to settle and work in Canada, and raise their families.

The past Liberal government was on the verge of doing just that, regularizing these individuals. We were on the verge of streamlining policies and working with stakeholders to make sure that these people found a home in Canada.

It was but a few days after the last election that Canada's new government, this heartless Conservative government, showed its true colours and started deporting thousands of people.

These were people who were doing jobs and filling positions which were badly needed. Stakeholders, community groups and unions have come forward and asked the Standing Committee on Citizenship and Immigration to study this matter.

I am proud to have moved a motion that the citizenship and immigration committee study undocumented workers. In committee we went even farther and asked for a moratorium on the deportation of undocumented workers until the committee reports.

I sought unanimous consent last week on this matter to stop the deportation of undocumented workers. It was very unfortunate that the bastions of the worker class, the champagne socialists, the NDP, did not give consent. The NDP did that not because it does not believe in it, but because it wants to take political expediency.

We have seen very clearly that the government does not know fact from fiction. The fact is that it takes 120 days. The fact is that an individual who was born in Holland was granted--

Immigration and Refugee Protection ActGovernment Orders

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

NDP

Olivia Chow NDP Trinity—Spadina, ON

Mr. Speaker, I rise on a point of personal privilege. Twice now the hon. member for Scarborough—Agincourt has stated that the member for Trinity--Spadina objected to the bill.

I want to be very clear that I was not in my seat. I was not in the House at the time when this member was seeking whatever consent he was seeking without talking to anyone.

I wish this member would stop talking about something that is absolutely not true. He should check the record as to whether I was actually in my seat or not. The last time I checked, members have to be in their seat to say anything or to object to anything.

Mr. Speaker, I believe you know the rule and that is in fact the rule.

Immigration and Refugee Protection ActGovernment Orders

June 5th, 2007 / 5:15 p.m.

The Acting Speaker Andrew Scheer

I thank the hon. member for Trinity—Spadina. I am sure all members appreciate her clarifying that. I will remind all members that we do not make specific references to the absence or presence of members in the House.

I will return to the hon. member for Scarborough—Agincourt.

Immigration and Refugee Protection ActGovernment Orders

June 5th, 2007 / 5:15 p.m.

Liberal

Jim Karygiannis Liberal Scarborough—Agincourt, ON

Mr. Speaker, I am sure that is a debate for another time and another place.

I would like to refer to a letter that was given to a Canadian by Indian and Northern Affairs Canada. It states:

Dear [Sir]: I refer to my letter dated December 10, 1997, regarding your entitlement to registration as an Indian pursuant to the provisions of the Indian Act. I have now received the required documentation.

I am pleased to confirm that you are now registered as an Indian in the Indian Register in accordance with the provisions of paragraph 6(1)(a) of the Indian Act under the name of ... born on ...

Your Registry Number is ...

Here we have a letter issued to a son of a veteran who was born in Holland, that recognizes him as an aboriginal Canadian, and yet the Department of Citizenship and Immigration does not have the fortitude, does not have the gall, and does not have anything between its head to say why it is not recognizing him as a Canadian?

Certainly and clearly, the bills that we should be debating in the House are far more important than the little skimpy Bill C-57.

Immigration and Refugee Protection ActGovernment Orders

June 5th, 2007 / 5:15 p.m.

Liberal

Andrew Telegdi Liberal Kitchener—Waterloo, ON

Mr. Speaker, to my colleague, I wonder if he finds it passing strange that a Conservative government takes leadership from the United States? If the government had its way, Canada would be in the war in Iraq and whenever something is happening down there on the far right, the government will support it.

Does the member not find it passing strange that the United States, which is now going through a process of regularizing undocumented workers and giving them a chance to work toward citizenship, recognizing how important they are to the American economy, just as our undocumented workers are very important to the Canadian economy, does he not find it passing strange that for once the Conservatives are not following the American lead and that they should to regularize undocumented workers?

Immigration and Refugee Protection ActGovernment Orders

June 5th, 2007 / 5:15 p.m.

Liberal

Jim Karygiannis Liberal Scarborough—Agincourt, ON

Mr. Speaker, indeed, it is very strange that the government is doing things on a whim and on the fly. I find it even stranger that when it comes to issues that we have to deal with in our every day life, issues that affect people such as the undocumented workers, that members of the Conservative Party and certainly members of the fourth party are not supportive of those workers.

They are not doing the best that they can in order to make sure that these workers are regularized in Canada and that these workers have their spot in the sun in this country as the rest of us do.

Immigration and Refugee Protection ActGovernment Orders

June 5th, 2007 / 5:15 p.m.

NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Mr. Speaker, I would just like to set the record straight. We know that the member for Burnaby—Douglas spoke at length in the House about the need to take a very serious look at the temporary foreign worker program.

He talked about the fact that certainly we have workers who come into the country, and the terms of the bill talk about work conditions that are unsuitable, and argued quite strongly that if the conditions are unsuitable for temporary foreign workers that they are also unsuitable for Canadians.

The member for Burnaby—Douglas explained at length the very serious problems that currently exist in the temporary worker program.

Despite the allegations of the member for Scarborough—Agincourt that the fourth party in the House has not worked tirelessly to take a look at some of the examples of how fundamentally flawed some of these programs are, I spoke earlier about the fact that in my own riding we have had some very serious problems with the temporary caregiver program. For example, there has been exploitation of workers and it has taken an inordinate amount of time to deal with some of the issues that are facing some of these workers. They are being exploited by agencies that are charging huge amounts of money.

Therefore, I would like the member to talk about how he would like to see the temporary program fixed and what steps should be put into place immediately.

Immigration and Refugee Protection ActGovernment Orders

June 5th, 2007 / 5:20 p.m.

Liberal

Jim Karygiannis Liberal Scarborough—Agincourt, ON

Mr. Speaker, it is nice to hear from the bleachers in the House of Commons.

It is very simple. The only thing that the government has to do and the only thing that should have been done through unanimous consent was to stop reporting undocumented workers. If her party would have supported that motion, we would not even be talking about it right now. Unfortunately, it did not.

Immigration and Refugee Protection ActGovernment Orders

June 5th, 2007 / 5:20 p.m.

Liberal

Brenda Chamberlain Liberal Guelph, ON

Mr. Speaker, in Bill C-57 there is no doubt and it is indisputable that there are some areas that need to be looked at, but there are so many other areas that are so very important as well. My hon. colleague from Scarborough—Agincourt talked about doctors working as cab drivers.

I know that this new government, as it wants to call itself, talked a lot about that in the last election campaign, how it would fix that up, and how it would help those people. I make that appeal to this new government which really is not very new any more. It really is quite old and it is getting a little tired.

People are telling me that they are still out there working as cab drivers. They still need the help and they are not getting that help from the government. I am glad that my colleague is continuing to push this issue because I know he has for a long time campaigned on this very thing.

The lost Canadians again is a very important issue which the government is not addressing. I think that it really needs to do so. I ask my hon. colleague who spoke about this what his thoughts are on it?

Immigration and Refugee Protection ActGovernment Orders

June 5th, 2007 / 5:20 p.m.

Liberal

Jim Karygiannis Liberal Scarborough—Agincourt, ON

Mr. Speaker, on the eve of the election in 2005 when the NDP along with the Conservative Party, the unholy alliance, pulled the plug, there was a major conference that was supposed to be taking place in December 2005 in Toronto. We were bringing together over 600 stakeholders, all the provinces, all the associations and all the departments in order to deal with the issue of undocumented workers. I, along with my colleague from Vancouver and the two parliamentary secretaries under the Minister of HRSDC were working diligently to make sure that the voices that we were hearing were answered.

We are talking about undocumented workers. It is not an easy solution. We cannot say, “Here is $100 million. We are going to fix it”. It takes all the provinces and territories, all the associations, be it the Association of Professional Engineers of Ontario, Manitoba, Saskatchewan, B.C., or the College of Physicians and Surgeons in Ontario and their counterparts all over Canada to come together in order to find a solution on how to move forward.

The Conservatives call themselves the new government, but certainly it is a Tory Conservative government and is the same thing as the government of Brian Mulroney. We remember that book On The Take. Certainly the government does not deserve any credit for speaking on the issue of immigrants.

The Conservatives certainly demonstrated time and time again that they do not care. The only thing they demonstrated they want to do is pit one community against another community. They did that right after they were elected when there were floods in the Philippines. They did that when we were bringing people out of Lebanon. They did not act quickly. It was not until the voices from the opposition and after the pushing that we did that the minister finally woke up and said that we had to do something.

The Minister of Foreign Affairs was told that this would not work. They botched it up. The Minister of Citizenship and Immigration was told that this would not work. They botched it up.

They have an opportunity to do the right thing right now with what is happening in Lebanon. There are people living beside an area that has been bombed. Tragedies are happening. What can the minister do? She could ask her officials in Damascus and in Beirut to expedite family class cases in Lebanon. Has the minister acted? Absolutely not. Is the minister asleep at the switch? You bet, Mr. Speaker. Is the government asleep at the switch? You bet even more, Mr. Speaker.

Canadians from all walks of life will see one thing: This is not a new Canadian government. This is an old Conservative Government of Canada that is leading Canada down the garden path.

Immigration and Refugee Protection ActGovernment Orders

June 5th, 2007 / 5:20 p.m.

Conservative

Rob Anders Conservative Calgary West, AB

Mr. Speaker, I heard the member give his speech and I am somewhat troubled in the sense that there were things that really dragged the hon. member's party and the previous old government down. I want to clarify as well that the party in question, the opposition Liberals, were in power for 13 years. The Liberals certainly had copious opportunities to make these changes, so it is highly ironic that we, having been in office for 15 months, are being accused of being old somehow, when they had 13 years, certainly a much longer time, almost 12 times as long, really.

It comes down to this: One of the scandals that happened under the old government's watch was this whole question of women being brought over and exploited. I heard a Liberal minister previously defend in this place the practice of bringing over and exploiting these young women for lap dancing and various things. We are trying to fix that.

Does the hon. member want to address that at all?

Immigration and Refugee Protection ActGovernment Orders

June 5th, 2007 / 5:25 p.m.

Liberal

Jim Karygiannis Liberal Scarborough—Agincourt, ON

Mr. Speaker, addressing that particular question is very simple. We just need a directive in the department. We do not need a whole brand new bill. We do not need to have a charade in the House. The only reason for the charade in the House is to divert attention from the real needs that the department is not addressing: lost Canadians, undocumented workers, and the list goes on and on.

If I were the hon. member, I would go to his minister and tell her to get on with the work of recognizing lost Canadians and to get on with the work of stopping deportation of undocumented workers.

That is what the hon. member should do versus stating that we need to cover things up. The only thing that needs to be covered up is the inefficiency of the department.

Immigration and Refugee Protection ActGovernment Orders

June 5th, 2007 / 5:25 p.m.

The Acting Speaker Andrew Scheer

Is the House ready for the question?

Immigration and Refugee Protection ActGovernment Orders

June 5th, 2007 / 5:25 p.m.

Some hon. members

Question.

Immigration and Refugee Protection ActGovernment Orders

June 5th, 2007 / 5:25 p.m.

The Acting Speaker Andrew Scheer

The question is on the motion. Is it the pleasure of the House to adopt the motion?