An Act to amend the Immigration and Refugee Protection Act

This bill was last introduced in the 39th Parliament, 1st Session, which ended in October 2007.

Sponsor

Diane Finley  Conservative

Status

Not active, as of June 5, 2007
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

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.

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.

January 30th, 2008 / 4:55 p.m.
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Executive Director, Canadian Council for Refugees

Janet Dench

Thank you.

I am going to split the time I am allowed with my colleague Mr. Rico-Martinez.

The Canadian Council for Refugees is an umbrella organization with about 170 member organizations across Canada. This year, we are celebrating 30 years of work on behalf of refugees and immigrants. Our mandate is the protection of refugees in Canada and around the world, and the settlement of refugees and immigrants in Canada. We are active on a wide range of issues and we have had the privilege of appearing before this committee on a number of these issues in the past.

Our members have been concerned about the question of trafficking in persons for several years. With support from the federal government, we held a series of consultations locally and nationally in 2003, in order to promote awareness and develop recommendations. Through the consultations we identified two priorities: first, a need for increased awareness of the reality of trafficking in Canada, and second, the need for measures of protection for victims of trafficking.

Since then, we have continued our work on trafficking issues, coordinated through a subcommittee of the CCR which brings together representatives from various cities in Canada, in order to promote networking of anti-trafficking activists across the country.

With respect to our reaction to Bill C-17, when the earlier version of the bill was tabled as Bill C-57 we put out a press release giving our response. You should have a copy of that release before you.

We oppose Bill C-17. Not only does it fail to protect the rights of trafficked persons already here in Canada, but furthermore its approach is condescending and moralistic. It empowers visa officers to decide which women should be kept out of Canada for their own good.

We find Bill C-17 problematic in a number of ways. First, the bill fails to address the root problem with the existence in Canada of jobs that humiliate and degrade workers. Work permits can only be issued by visa officers after the employer's job offer has been validated by Human Resources and Social Development Canada. Why is such work available in Canada if it humiliates and degrades workers?

Second, 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.

Third, the bill proposes to address the problem of exploitation by excluding people, mostly women, from Canada. It is demeaning for women to have a visa officer decide that they should be kept out of Canada for their own protection.

The bill also fails to address the situation of the most vulnerable of exploited non-citizens, those who have no valid work permit. In fact, closing the door on valid work permits may expose women to greater vulnerability, by forcing them underground.

The government's focus on strippers betrays a moralistic approach. Instead of passing moral judgment, the government should work on ensuring that non-citizens' rights are protected and that they have the freedom to make informed choices about their own lives.

We also note that where there is a suspicion of trafficking, it is wrong to simply refuse a work permit to a woman without referring her to the appropriate local institutions or authorities for her protection and for the prosecution of the criminals involved. This is a clear violation of our international obligation under the UN protocol.

January 30th, 2008 / 4:40 p.m.
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John Muise Director, Public Safety, Canadian Centre for Abuse Awareness

Thank you, Mr. Doyle.

Thank you for the opportunity to testify before the immigration committee.

Just by way of introduction, I'm a retired 30-year veteran of the Toronto Police Service. I retired last year and have been the director of public safety at the Canadian Centre for Abuse Awareness on a more or less full-time basis for almost two years and as a volunteer for several years previous to that.

I've been to Ottawa on a number of occasions testifying on a number of criminal justice bills, but this is my first time before this committee, so thank you for the invitation and the opportunity.

Since 1993, the Canadian Centre for Abuse Awareness, an organization that survives solely through charitable donations, has raised awareness about the true cost of neglect through its support of victims of child abuse. Based in Newmarket, Ontario, north of Toronto, the CCAA is powered by a committed group of staff and volunteers who provide support to 70 partner agencies—we have a little warehouse, and we give stuff out to them, among a number of other things. Whether it's fulfilling a child's dream wish, assisting crime victims, developing abuse prevention programs and resources, or advocating publicly for legislative change—that's what I do—CCAA is committed to ending abuse.

In 2004, the CCAA went around the province of Ontario and spoke to 150 front-line criminal justice professionals, crime victims, survivors, and other interested parties, and from their voices we wrote a report called the Martin's Hope report, named in memory of Martin Kruze. Some of you will know that name. He was the survivor of the Maple Leaf Gardens child sexual abuse, who courageously disclosed publicly, and then subsequently, four days after his offender received two years less a day in prison—I guess it was the last straw for him—he jumped off the Danforth Viaduct.

The report lists 60 recommendations, 40 for legislative reform, directed at the federal government. We released the report in 2004, and we continue our work to try to get the recommendations instituted. Many of them relate to children in the sex trade, sex tourism, and similar ancillary matters.

With respect to the bill today, that human trafficking is an issue of significant worldwide concern there can be no doubt. Trafficking in women and children is a global issue that results in untold agony and suffering for hundreds of thousands of individuals and families. Source countries are most often third world and/or developing, where poverty is widespread, the rule of law is at best a fleeting mirage, and corruption is endemic. A number of government and NGO publications have and continue to detail this trade, and few, if any, commentators refute it.

Although Canada is not considered a source country, it is a destination and transit country for women and children trafficked into the commercial sex trade. Countries in Asia and eastern Europe are the principal sources, in addition to a number of other locations around the world. Asian victims often arrive in Vancouver and western Canada, and eastern European victims come to Toronto and other eastern Canadian urban centres.

That we are a destination should come as no surprise. With economic opportunity, the rule of law, little or no government corruption, and absence of civil strife and violence—quite frankly an embarrassment of riches—is it any wonder that we would have a flood of immigrants hoping for a new and wonderful life here in Canada? Whatever the reason or intention of the person arriving, the expectation is of a life improved, not impoverished.

The commercial and illegal sex trade is alive, living, and well in this country, from strip clubs or exotic dance clubs to the street corner, massage parlours, Internet child abuse, escort agencies, bawdy houses, telephone and Internet dating, and so-called holistic centres to name but a few. Anyone who has browsed the back pages of any urban independent daily, like the Toronto-based NOW magazine, or Eye Weekly, will find it all up front and centre for anybody to see, and much of it focuses on ethnicity and age. I'm talking about the fact of age being young, not old.

It's not so secret, a commercial and illegal sex trade. Page after page of adult classifieds offering all varieties of sexual services for a fee are on display, and many of the classified ads focus on the ethnicity of the provider. The sex trade is out in the open and booming, and it's clear what's being offered.

We don't believe that individuals wake up one day and decide, “Yes, I think I'd like to give a career in the commercial sex trade a try.” Although personal choice is usually a precursor--unless false pretenses or force are used--it is almost always as a result of life circumstances, including poverty, abuse, and other negative social circumstances that they may be escaping here in this country or from abroad. Even if some make the choice of their own free will, the majority are later subjected to emotional and physical abuse, forced drug use and concurrent addiction, and theft of income. As a result, many end up as indentured sex slaves.

These are the circumstances that confront a Canadian who ends up in the sex trade. The vulnerability and risk for a foreign national on a temporary visa would be increased significantly.

The CCAA raises all of this not because we are here looking for this committee to eradicate the sex trade. That won't ever happen. There has always been a sex trade and that will never change. Our concern is for the vulnerable and at-risk, people who the CCAA sees--and, we believe, society increasingly sees--as crime victims. Make no mistake about it, the people plying their trade in the back pages of these urban dailies and many others like them are the victims of serious crimes. Some have been victimized through human trafficking.

Our focus is on how we as a society can best ameliorate the risk to those vulnerable at the hands of these sex entrepreneurs and predators. We see the response happening across a number of fronts, including prosecution, prevention, and education. Before I finish today, I will briefly touch on some of those.

I was also happy to see Ms. Chow, Mr. Komarnicki, Mr. Carrier, and Mr. Batters all speak to some of the things that need to be done concurrently or post this legislation.

As all of you know, the amendment in Bill C-17, previously Bill C-57, proposes to protect from exploitation and abuse the potentially vulnerable foreign nationals who come to work in Canada. Doing so would allow--with concurrence from a second and presumably supervisory officer--an immigration officer or visa officer to refuse entry by a foreign national to work in Canada, where a person is “at risk of being subjected to humiliating or degrading treatment, including sexual exploitation”. That's what the legislation says. The guidelines or regulations governing this policy would require posting in the very public Canada Gazette.

We understand that current government policy decisions all but disallow entry to anyone who applies for work in the exotic dancer category. We salute the effort on that front to reduce sexual exploitation. We believe the proposed legislation takes these good policy intentions to the next level by providing statutory clarity. In other words, it would be carved in stone, and the policy underpinnings of the statutory requirement can be amended as necessary in real time for inclusion in the weekly Canada Gazette for all citizens to see. This approach, we would contend, is open and transparent, and we support it.

I know that some of you have wondered why this might be necessary when government policy already functionally does this in relation to those who attempt to enter as exotic dancers. In the same way the tap was recently turned off for exotic dancers, future governments could turn it back on. With this legislation, if an attempt is made to do that, presumably we'd find out as a result of the altered public policy published in the public Canada Gazette.

In addition, it should be noted that the language used in the enabling amendment in Bill C-17 would make it difficult to do this in any radical way. We believe there's a good way to conduct government business and enhance public safety and the prevention of crime at the same time.

Though we support this proposed amendment, we would be remiss if we didn't point out the necessity of responding to the issue of human trafficking on a number of fronts. Some of you participated in, or are certainly aware of, the work done by the Status of Women committee on human trafficking. Due to circumstances beyond our control, we were unable to attend and present, but we had made a number of recommendations for legislative and policy reform in relation to the sex trade. We've included them in our Martin's Hope report. They can also be viewed on our home page, at www.ccfaa.com. I'll provide this to the clerk later.

In any event, as you continue this essential work, these priority areas require more attention, in addition to this proposed legislation, if we are to protect those most vulnerable. The three areas that we think need significant help include working with all provinces to encourage passage of provincial legislation that will allow intervention to rescue children lost in the sex trade, and also, as a component of that legislation, providing enhanced licensing mechanisms to allow unfettered entry, padlocking, asset forfeiture, and prosecution of sex entrepreneur predators. These are the premises where we will find those who have been trafficked into the sex trade. Some of these premises are here in this magazine.

We should work with the provinces to provide the resources necessary to local and provincial law enforcement to create specialized units dedicated to the fight against human trafficking and other forms of sexual exploitation. We applaud the first step of creation of the national coordinating unit and the support provided to victims of human trafficking, including the extension of work visas and the protection of people who actually come forward.

The reality is that to track this problem in a substantive rather than accidental way, which is how most trafficking investigations are commenced now, we need boots on the ground locally and provincially. Organizations like the Ontario Provincial Police and the Toronto Police Service need to be able to do this.

The last one is to ensure appropriate training for immigration officers--I know Ms. Chow spoke to this in a certain fashion--to best recognize those at the highest risk for being trafficked into the sex trade and to ensure entry is denied where the risk is high. In addition, we should ensure appropriate government manpower is available to provide follow-up investigations in this country where certain temporary workers might have an increased possibility of risk for sexual exploitation. These are some of the things that Mr. Carrier, Mr. Batters, and Mr. Komarnicki spoke of.

This committee may want to consider a request to the interdepartmental working group to consider and develop these three recommendations.

Finally, we'd like to thank the committee for the opportunity to weigh in on this most important public safety matter. If there is anything that CCAA can do in relation to the human trafficking file or as it relates to the points immediately above, we stand ready to help.

Thank you very much.

Immigration and Refugee Protection ActRoutine Proceedings

November 1st, 2007 / 10 a.m.
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Liberal

The Speaker Liberal Peter Milliken

The Chair is satisfied that this bill is in the same form as Bill C-57 was at the time of prorogation of the 1st session of the 39th Parliament. Accordingly, pursuant to order made Thursday, October 25, the bill is deemed read a second time and referred to the Standing Committee on Citizenship and Immigration.

(Bill read the second time and referred to a committee)

Immigration and Refugee Protection ActRoutine Proceedings

November 1st, 2007 / 10 a.m.
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Conservative

Gary Lunn Conservative Saanich—Gulf Islands, BC

moved for leave to introduce Bill C-17, An Act to amend the Immigration and Refugee Protection Act.

Mr. Speaker, pursuant to a special order made previously, I would like to inform the House that this bill is in the same form as Bill C-57 was at the time of prorogation.

(Motions deemed adopted, bill read the first time and printed)

JusticeOral Questions

June 19th, 2007 / 2:55 p.m.
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Souris—Moose Mountain Saskatchewan

Conservative

Ed Komarnicki ConservativeParliamentary Secretary to the Minister of Citizenship and Immigration

Mr. Speaker, those who are victims of the horrible practice of human trafficking deserve our protection and support, and they are getting it.

In addition to Bill C-57, today I am pleased to announce that we are introducing additional measures to help assist victims of human trafficking. These new measures will extend the temporary resident permits for victims of human trafficking from 120 to 180 days. For the first time victims will be able to apply for a work permit while receiving health care benefits, including medical treatment and counselling services.

While the previous Liberal government did precious little, we have listened and we have heard. We are getting the job done and we are addressing these concerns.

June 19th, 2007 / 12:10 p.m.
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Conservative

The Chair Conservative Norman Doyle

Can we deal with this first, and then we'll talk about the briefing books and where we are on that?

I think the suggestion is that we wait until fall. We'll have a steering committee meeting. Quite naturally, we'll have briefings on Bill C-57, and we'll have a steering committee meeting to determine the number of meetings and witnesses who might be called in that regard. That's the suggestion, and I think it's a good one.

All in favour of that?

June 19th, 2007 / 12:05 p.m.
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Conservative

The Chair Conservative Norman Doyle

Yes.

The point you're making, analyst, is that the first item of business is the report. In the inside meetings, Bill C-57 would take priority.

June 19th, 2007 / 12:05 p.m.
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Conservative

The Chair Conservative Norman Doyle

Bill C-57 would be one of the first, if not the first, order of business when we resume in the fall.

June 19th, 2007 / 11:55 a.m.
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Conservative

The Chair Conservative Norman Doyle

We will invite organizational representatives to appear before the committee in Ottawa. I'm sure there will be plenty of opportunity, Mr. Karygiannis, to hear the various people who should be heard on this. I don't think you'll be deprived in any way.

What else do we have?

I'll make a reminder here that in the fall we also have to deal with Bill C-57, so that's going to be part of our deliberations as well. I think we had some mention made in our subcommittee that we would look at the points system. That could be studied under undocumented workers, so that's going to be done as well. The foreign credentials, of course, came up as being an important topic that we need to get around to.

Mr. Wilson.

June 19th, 2007 / 11:10 a.m.
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Conservative

Ed Komarnicki Conservative Souris—Moose Mountain, SK

Obviously Bill C-57

Budget Implementation Act, 2007Government Orders

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

Jim Karygiannis Liberal Scarborough—Agincourt, ON

Mr. Speaker, it deals with Bill C-57. I mentioned that I would like to table something. Since I have read it into the record, I am sure members would like to see it. Therefore, I would like to seek unanimous consent to table the document that I read from.

Immigration and Refugee Protection ActGovernment Orders

June 5th, 2007 / 5:20 p.m.
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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 / 5:15 p.m.
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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 p.m.
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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 / 4:55 p.m.
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Conservative

Colin Carrie Conservative Oshawa, ON

Mr. Speaker, that is an excellent question. My colleague brings forward a very important problem with this entire issue. It is almost impossible to get numbers on how much of this is occurring in this country because it is an underground trade.

We do not know how bad it is, but as I said earlier, my colleague from Kildonan—St. Paul has been working tirelessly on this. She has travelled across this country and internationally. Everywhere she goes she has the opportunity to listen to people who are affected by this very important issue of exploitation through the sex trade. It is everywhere. She has spoken to young people and also to old people who have been in this country a very long time and who have been victims.

The member brought up a very important point. We do not know how bad it is, but we know that it exists, that it is rampant, and that certain trades lead are more likely to lead people into becoming victimized.

This is the government's step forward. As I say, I am encouraging all members to support us on this very important bill, Bill C-57.

Immigration and Refugee Protection ActGovernment Orders

June 5th, 2007 / 4:40 p.m.
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Oshawa Ontario

Conservative

Colin Carrie ConservativeParliamentary Secretary to the Minister of Industry

Mr. Speaker, today we rise to debate the Immigration and Refugee Protection Act, Bill C-57. I thank my colleague, the Minister of Citizenship and Immigration, for tackling this very important issue. Canada's immigration system, historically, is something that we are all very proud of.

We are all immigrants to this country. My father was an immigrant. We have to ask, why do people come to Canada? Why do they choose Canada over so many other choices in the world? What do they expect when they come to Canada? Is it hope? Is it a new life? Is it a safe place to live? Is it a future? Is it an opportunity? I would say yes. However, do they expect to be exploited and abused? I definitely say no.

Today we are talking about Canada's reputation. I am proud of Canada and I am proud of Canada's role in the world, but I am very concerned because Canada's reputation is being harmed. Canada is being seen as becoming a haven, a country now linked to an industry of abuse and exploitation. It is unacceptable to allow situations of exploitation, which used to exist under the Liberal government, to continue.

The previous Liberal government did nothing to stop human trafficking. It allowed foreign strippers, foreign nationals, into the country, regardless of whether they could be potential victims of abuse or exploitation. The Liberal strippergate scandal must never be allowed to repeat itself.

It is not acceptable for a government to knowingly authorize vulnerable foreign workers, such as strippers, to enter our country, enter potentially abusive situations and potential criminal activity. The proposed amendments before us address the contradictions and help prevent vulnerable people from being abused.

Human trafficking is a global problem and it requires a global response. Canada has to do its part. The UN has put forth recommendations. There is a UN protocol to prevent, suppress and punish trafficking in persons, especially women and children. It provides an international framework to address human trafficking. Canada has ratified the protocol and we encourage other countries to do so. Countries such as Australia, the United Kingdom and the United States have take action on this very important issue.

We have international standards. We have multi-pronged approach, a response to human trafficking, what they called the three Ps: first, prevention of trafficking; second the protection of victims; and third the prosecution of offenders.

Canada's new government is taking its international obligations seriously. We are working to combat human trafficking. We are strengthening criminal law to repress and stop human trafficking. We are looking at the RCMP's human trafficking national coordination centre, which provides a focal point for facilitating human trafficking investigations and helping to protect victims.

The government has enhanced training for law enforcement, for border officials and NGOs, on victim identification. We have released new guidelines for immigration officers in May 2006, unique to the needs to help victims.

Canada works with its partners internationally. For example, Canada works with the United States in a binational assessment of trafficking in persons. We are there to help increase awareness of this problem. Internationally, Canada is providing leadership, including prevention and awareness raising efforts for all countries, but particularly source countries. We are taking action.

However, I am very concerned at the stance of some of the members in some of the speeches that I have heard here today.

I listened to the NDP speeches today. The NDP, with its extremely radical left-wing agenda, claims to be in favour of women's rights. Yet it is against more money for women in need. Instead those members are in favour of increased money for advocacy groups, not the people who really need it.

We also noticed the languages of the NDP members in their speeches. They keep repeating “sex trade workers”. It almost sounds like they would like to unionize these unfortunate, disadvantaged women. I have never heard anyone say that “when I grow up I want to be a sex trade worker”. These women and children are victims. It is up to the Government of Canada to take a stance and do what we can do to help these victims, who find themselves in these incredibly unfortunate situations.

I listened to the member for Burnaby—Douglas who said that this was a minor attempt at improving the issue on human trafficking. It is a positive step forward. Why will the NDP not support this very important step forward? By members not stepping forward, they are actually leaping backward. They are against women's rights. They are against the disenfranchised. They are against those who are outright abused in the sex trades.

NDP members are being intellectually dishonest with their philosophical basis. This issue is about people being sexually exploited and about human trafficking. No matter how one wants to pervert the argument, distort the facts, the legislation is about closing loopholes on human trafficking, about human exploitation.

I implore the NDP and the other members of the House to change their position.

We see on the record that there has been some flipping and some flopping and some changes. I will to read into the record what the member for Winnipeg Centre from the NDP had to say about the previous government's record. On October 30, 2005, he said:

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.

Today we hear that the NDP will not be supporting what the government is moving forward.

With respect to the government's 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.

Even the leader of the New Democratic Party, the member for Toronto—Danforth, on the so-called exotic dancer program, said on December 2, 2004, in the Edmonton Journal and the Globe and Mail:

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.

I hope the leader of the NDP and the NDP caucus will vote in favour of Bill C-57, recognizing that our government is taking a real and necessary action to deal with this important issue, something the previous government failed to do.

I am very proud of members of the House and the work they are doing on human trafficking.

I need to continue my speech by acknowledging my colleague, the member for Kildonan—St. Paul, for all the good work on this issue. I note she has been an advocate for victims, for people who have been exploited coming into our country. I know she has travelled extensively and has identified the problem of human trafficking in virtually every community in which she has been. She has worked tirelessly and she has spoken, and more important, listened to the victims of the sex trade industry. They have told her that we need to change our system of closing our eyes and looking the other way.

Bill C-57 has been well received by groups working to eliminate human trafficking. I will read into the record some of the things that have been said about Bill C-57.

Irena Soltys, co-chair of the Stop the Trafficking Coalition said:

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

John Muise, director of public safety for the Canadian Centre of Abuse Awareness, said that Bill C-57 “is part of the response that needs to occur in terms of protecting women and children in this country”.

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.

Even those in the adult entertainment industry are acknowledging the need for Bill C-57. Dale Pidluzny, a booking agent for Independent Artists, stated in the Calgary Herald on May 18:

If there's girls being taken advantage of out east because of that, then yes, they should shut that door on it.

Immigration lawyer Richard Kurland said on The Verdict on CTV Newsnet:

The idea is to prevent any degrading, humiliating treatment, including sexual exploitation. There is nothing in the proposed law about abandoning exotic dancers or strippers....

--for the first time in immigration policy we're going to see a debate where it belongs, in Parliament.

Here is what I am asking of all members in the House, particularly the NDP. It is the NDP that claims to stand up for women's rights, the NDP that claims to stand up for victims and the NDP that claims to stand up and look out for the disenfranchised and those who fall through the cracks, yet due to some NDP members' radical left-wing agenda, today they say they will not be supporting this bill. They will not be supporting this positive step forward.

This issue is about closing the loophole in trafficking in human beings. Canada's international and domestic reputation depends on this action. This is about the protection of innocent women and children. I ask all members to stand with us and support this bill.

Immigration and Refugee Protection ActGovernment Orders

June 5th, 2007 / 4 p.m.
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Conservative

Ed Fast Conservative Abbotsford, BC

Mr. Speaker, I thank the member for recognizing the Mennonites and the role they play in Canada. I happen to be a Mennonite. I do not know if the member knew that, but I am. I understand very well the issue of the Mennonites who left Canada and went to Mexico. I understand this particular issue.

Unfortunately, the member mischaracterized our government's position on this. It is unfortunate that he is trying to introduce that issue into something that is quite different, which is the trafficking of human beings into Canada, which is of course in Bill C-57.

What is even more disappointing in the member's question is that he refers to the debate we are having in the House today on the trafficking of human beings into Canada as taking oxygen and time away from the House, as if the issue of human trafficking is insignificant and not worthy of the House's consideration.

I think the member is going to have to reconsider those comments. I do not believe that is what he intended to say, but we have to clarify that point. Today's bill addresses the issue of trafficking human beings from other countries into Canada and then those trafficked victims being exploited in Canada. The bill addresses that. We as a government are getting things done.

Immigration and Refugee Protection ActGovernment Orders

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

Immigration and Refugee Protection ActGovernment Orders

June 5th, 2007 / 3:40 p.m.
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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 / 3:40 p.m.
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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 / 3:10 p.m.
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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.

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 / 1:55 p.m.
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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 / 1:45 p.m.
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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 / 1:35 p.m.
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Conservative

Joy Smith Conservative Kildonan—St. Paul, MB

Mr. Speaker, I certainly applaud my colleague from York West. I know my colleague was the chair on the status of women committee when our witnesses came forward to talk about the human trafficking issue across this country.

I am gratified to hear about her support to get the bill to committee as quickly as possible and to have the debate. As she said earlier, we all know that the parliamentary process definitely is to make sure that we do have the debate to examine every bill in committee very thoroughly. That is what we do here on Parliament Hill.

The reality in Parliament this year which concerns me as a member of Parliament is how many bills have been dragged out for the better part of a year with stalling tactics and so on. Having said that, with Bill C-57 it is very gratifying to hear how concerned the member opposite is about ensuring that this does get to committee, so the debate can carry on and also her concern about making sure that the debate continues on very quickly and thoroughly, but to get it back here.

I was really quite taken aback at what the critic for immigration said about the bill. This is why perhaps the issue has come up today about how quickly the bill would go through. Could the member comment whether there is a division among the Liberal caucus in terms of what we should do with the bill and could she explain some of that to ensure we get the bill debated as soon as possible?

Immigration and Refugee Protection ActGovernment Orders

June 5th, 2007 / 1:20 p.m.
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Liberal

Judy Sgro Liberal York West, ON

Mr. Speaker, I am pleased to have an opportunity to make some comments on Bill C-57. Certainly it is an issue which I know a fair amount about and I am glad to have the opportunity to comment on it.

Bill C-57 is about a page and a half long. It makes an amendment to our immigration laws. Certainly on the face of it, it should not take very long for any of us to deal with it, whether we are debating it at length or not. Part of our role in Parliament is not just to take something at face value and say that it looks good, it is an area that many of us care about and that we would like to see some improvements to strengthen it. Parliament is about debate and discussion to make things better.

For a bill to pass without our having a full opportunity to debate and discuss it, frankly, would be viewed upon as our not carrying out our responsibilities to ensure that legislation brought forward accomplishes what the intent of it clearly is, and if possible, to go further than that. That means we should look for areas to add further strength in the bill and make sure it is going to achieve the same goals that all of us in the House want to achieve.

I am pleased to take a few minutes to comment on this important issue today in an attempt to move the bill forward to committee so we can ensure that it accomplishes what we all want it to accomplish. The bill is an act to amend the Immigration and Refugee Protection Act, which recognizes quite clearly, “Whereas Parliament recognizes the importance of protecting vulnerable foreign nationals who come to work in Canada from exploitation and abuse”. That is very clearly written into the Immigration Act and I know all of us want to ensure that happens.

This bill proposes to amend the Immigration and Refugee Protection Act to allow immigration officers the ability to refuse or authorize foreign nationals to work in Canada based on if they are considered to be vulnerable persons and/or at risk of exploitation or abuse. That very much is left up to the person who is doing the interviewing.

Currently, the visa officer can explain to individuals that they have certain rights when they go to Canada. The visa officer can hand them pamphlets outlining that they may be asked to do certain things and that they do not have to because they have certain rights under their visa applications. That does not always sink in with the person on the other side of the desk who is fleeing poverty or for whatever reason desperately wants to come to Canada and is willing to take a chance. This bill would end that opportunity. It would give the visa officer the opportunity to decide that the person would be exploited. It gives the officer a huge power. It is something that needs to be seriously looked at.

The bill would also allow immigration officers to determine if granting authorization would be contrary to public policy considerations that the Minister of Citizenship and Immigration has specifically outlined or based on evidence that people are at risk of exploitation. Often it is a feeling that someone gets. When we ask why a visa was refused, the visa officer will say that it was instinct, just a feeling that a certain person would find himself or herself in a vulnerable position. It puts a lot of emphasis and trust on the minister giving visas on judgment.

I do not see where there is harm in doing that as long as we make sure the checks and balances are in place. In reading at least the beginning of this bill, I see it is going to require a second person to comment and that is helpful.

Under the proposed amendments to the IRPA, the Minister of Citizenship and Immigration could issue written instructions to immigration officers giving them the authority to deny work permits to applicants who appear very vulnerable to them. The instructions would be based on clear public policy objectives and evidence that outlines the risk of exploitation that the applicants face.

Written instructions could help identify, for example, individuals who would be vulnerable to humiliating and degrading treatment, including sexual exploitation. All of us as parliamentarians have been around for a few years and we have certainly had an opportunity to hear firsthand about the exploitation of many people who come here on a variety of different permits. They are very vulnerable and do not have a lot of support or resources, or even know where to turn to get help. They often end up in our offices, sometimes even our campaign offices.

These could include low skilled labourers as well as potential victims of human trafficking. Immigration officers would make their decision on a case by case basis. Each application for a permit is always assessed on its own merits.

Without this authority, immigration officers cannot deny a work permit to someone who meets all the requirements to enter Canada, even if they believe there is a strong possibility of exploitation or abuse.

Clearly, if we have licensed establishments that have a labour shortage, and through our process through HRDC, they can apply to have someone come over to fill that shortage. That is a problem for those of us who are trying to find ways of tightening up the system.

Either we start to ban some of these businesses and decide we are not going to have them. But if we have them, we have to recognize that they have the rights under the law to apply for workers to come to their legitimate businesses.

Strengthening these rules will hopefully provide a tool to respond to situations where a permit applicant could be at risk. Again, it puts a lot of effort and a lot of trust into the visa officer who is making that decision.

Here in the House I am sure that all parliamentarians support the protection of human rights and the prevention of exploitation of foreign nationals, and in particular, women who are at risk.

I must point out that we talk a lot about the exploitation of women, but it certainly goes on with the exploitation of many men who are in positions who do not know any other way out. They are fleeing again from poverty, looking for money to send home to their families, and often find themselves doing work that would be quite unacceptable to Canadians who are born here.

I would like to assure Canadians who are watching at home that the Liberal Party is committed to working closely with the international community to prevent human trafficking. Bill C-49 was an excellent piece of legislation that was just enacted at the beginning of 2006 specifically on the issues of human trafficking. We all recognize that it is a very important area that we need to do all we can to prevent that.

Previously, we had made substantial changes to restrict visa applications to temporary foreign workers who we believe to be at risk.

We also endorse the recent Standing Committee on the Status of Women report, “Turning Outrage into Action to Address Trafficking for the Purpose of Sexual Exploitation in Canada”. It calls on the government to do more to address existing systemic problems involving the most vulnerable members of our society. Clearly, on this side of the House we are waiting to see what kind of action the government takes to address those very issues.

As the former chair of the Standing Committee on the Status of Women and throughout my political career at the municipal and the federal levels, I heard heart-wrenching stories from marginalized women who fell victim and also heard many constructive suggestions for solutions to this grave problem.

I believe that we need strong laws to protect the most vulnerable, so I will be supporting sending the bill to committee for further review and study. We need further consultation and possible amendments that I am sure will come from some of the members of the House to strengthen the bill.

Although the intent of the legislation is critical, it no doubt needs to be improved and we will do that at committee, which I hope will be done quickly and hastily.

There are considerations that first must be made to ensure the legislation truly achieves the goal of protecting all foreign workers. This is why I believe it should go to committee and I am confident that the work will get done there.

A serious shortcoming of the bill is that all classifications under the foreign worker program could potentially be adversely affected, including agriculture workers and live-in caregivers. If the bill were enacted as it is written today, these workers would have to be denied entry to Canada, exasperating temporary foreign worker shortages in certain sectors of the labour economy.

Therefore, the committee needs to find that balance to ensure protection and avoid exploitation, but still allow people to come into the country to carry out the needs that we have as far as labour shortages. It must ensure that these people know what their rights are and that they have an avenue to complain, to make changes, and to change an employer if the employer is abusive.

Refusing foreign workers entry to Canada based on the potential risk for abuse does not decrease the demand for these workers. This has the potential to create underground economies which render temporary workers even more vulnerable to exploitation and abuse which is exactly what we are trying to avoid with the intent of this legislation.

We need to ensure that blame is placed on the abusers, not on the victims. This is so important because victims of human trafficking, which my colleague continues to refer to, are often so frightened to come forward and admit what has actually happened to them.

I look forward to the bill being sent to committee, for improvements to be made, and for it to be referred back as soon as possible. I hope that we will be able to work together in a non-partisan way to prevent temporary foreign workers from being subjected to exploitation or abuse in Canada and for people to clearly know that they are welcome.

We need them to come to Canada. We want them to come and do well, and to move forward.

Immigration and Refugee Protection ActGovernment Orders

June 5th, 2007 / 1:20 p.m.
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Conservative

Joy Smith Conservative Kildonan—St. Paul, MB

Mr. Speaker, this government is very aware of the report and is working with it every day. It is not just one minister. All the ministers are working on this very important issue.

I have to say that we have done more than the previous government did in 13 years. We have done it in just over a year. We are taking action. We are working fast.

All these recommendations are being looked at. They are very important recommendations. We can see that with the 120 days that has been put in place since we got into government. We can see that with Bill C-57. Those are the things that we are pushing through right now, along with the stiff criminal laws for people who perpetrate those crimes.

Immigration and Refugee Protection ActGovernment Orders

June 5th, 2007 / 1:20 p.m.
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Conservative

Joy Smith Conservative Kildonan—St. Paul, MB

Mr. Speaker, my colleague's question is very timely and full of insight.

There are many things that are happening right now that we need to address. The crime of human trafficking is alive and well in Canada and it is growing.

Bill C-57 is one piece that will help address the problem. Our government is doing other things to help out on that. I applaud members on all sides of the House who supported my Motion No. 153 to stop human trafficking. All members of the House supported the motion so today I am quite dismayed. We need to send this bill to committee to examine it. I would urge members not to stall it. I would urge members not to hold it up. People's lives are at stake. I would urge members to get on board, to support the bill and help our most vulnerable citizens.

I do not want it to get off track. It is not just about exotic dancers. It is not just about the sex trade. Young girls and young boys are coming into the country unaware of what is going on. There are criminals who are helping them get through the border and helping them answer questions correctly. When they get here they are taken into confinement and are forced into the sex trade. This is what we are talking about today.

Bill C-57 addresses that. The 120 days is a piece of it, as are other issues that we are working on in Parliament to enable vulnerable victims to be saved. The reason we are so tentative about things being held up is that a record number of bills have been held up in Parliament throughout the year. In fact, we have had the first anniversary of one bill that has been held up for the better part of a year.

Now we are talking about Bill C-57. People's lives depend on it. It is very important that we take leadership roles as members of Parliament and pass this bill.

Immigration and Refugee Protection ActGovernment Orders

June 5th, 2007 / 1:05 p.m.
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Conservative

Joy Smith Conservative Kildonan—St. Paul, MB

Mr. Speaker, it is with pleasure that I join the debate on Bill C-57, An Act to amend the Immigration and Refugee Protection Act.

The proposed amendments to the Immigration and Refugee Protection Act are much needed measures. Bill C-57 addresses an important gap that currently exists in Canada's immigration law. In fact, Christine MacMillan, territorial commander for the Salvation Army in Canada and Bermuda has this to say about Bill C-57:

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.

With respect to current provision in the Immigration and Refugee Protection Act, the existing legislation provides the government with the authority to allow an individual to enter Canada even if they do not meet all of the requirements and are inadmissible. Unfortunately, the act does not provide a similar authority to deny a temporary work permit to an applicant who meets entry requirements, but whose presence in Canada may put them in harm's way.

The proposed Bill C-57 will give the minister the authority to instruct immigration officers to deny work permits to individuals who might face humiliating and degrading treatment, including sexual exploitation. Without this authority, immigration officers cannot deny a work permit to someone who meets all the requirements to enter Canada, even if they believe there is a strong possibility of exploitation or abuse.

The proposed Bill C-57 will help us to prevent individuals from entering into situations where they may be abused or exploited, or where in fact they could become victims of human trafficking. Furthermore, it will help ensure our immigration system is not used by criminals to victimize people.

The Government of Canada should have the authority to institute measures to deny permits if there is evidence that individuals, including exotic dancers or anybody else, would be subject to humiliating and degrading treatment, including sexual exploitation.

It is time for us to step up and be accountable. This legislation is all about that. Some may ask the question, why should we be concerned? Why do we need this legislation? The answer can be found in one word: accountability.

As elected representatives of an open and democratic institution, we must demonstrate our collective and unified resolve to ensure as much as possible the safety of anyone entering our country. We must be vigilant in protecting vulnerable individuals against potential exploitation, even though these individuals may not be Canadian citizens, but are considering temporary employment in Canada. We must take every measure possible to ensure that unsuspecting foreign workers are not subject to abuse or exploitation. The Government of Canada cannot be complicit in this kind of activity.

I find it most unfortunate that the Liberal immigration critic, the member for Mississauga—Erindale, criticized Bill C-57 by saying that he thought that we already had enough protection for vulnerable foreign workers who could be subject to sexual exploitation. To quote the Liberal immigration critic, he said, “I think we have the safeguards in place. It is a cheap attempt to change the channel and pretend to do something while they are really doing nothing”.

Before rushing to judgment, I wonder if the Liberal immigration critic bothered consulting with key stakeholders who welcomed our government's initiatives, stakeholders such as Sabrina Sullivan of The Future Group, who 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...[this] government is serious about combating human trafficking.

For those members of the opposition who think Bill C-57 is not needed, I urge them to consult stakeholders such as The Future Group, Stop the Trafficking Coalition and the Salvation Army. Perhaps then they will realize how important the legislation is and how critical it is for them to support it.

Let us be mindful of what we are debating today. We are in part debating the granting of a discretionary authority to the Minister of Citizenship and Immigration to deny the application of a foreign national for a temporary work permit in Canada. Like any authority granted or legislated to a minister, such a proposed or new authority must be reviewed, debated and enacted in the most open and accountable manner. That is what this government is committed to doing.

In fact, to demonstrate our openness to accountability on this matter, Richard Kurland, as I talked about before, an experienced and well-known immigration lawyer said, and I want to quote this again because this is very important:

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...Normally, in years past, it was done behind the bureaucratic doors or through a [fait accompli] regulation with no debate. That's what remarkable today [for immigration policy].

That is quite a statement.

We are committed to not only an open debate, but also a full explanation of the reasons for the proposed changes to the Immigration and Refugee Protection Act.

Allow me to review the government's commitment to accountability on this matter. First, I will reiterate and support the minister's assurance that a high level of accountability is attached to any exercise of authority proposed in the legislation. As the parliamentary secretary stated earlier, any ministerial instruction would be based on public policy objectives and evidence that clearly outlined an identified risk of abuse or exploitation.

Any decision by an immigration officer to refuse a work permit in Canada would require the concurrence of a second officer. Ministerial instructions to deny any such permit would be published in the Canada Gazette and would be reported in the annual report to Parliament on immigration.

I ask all hon. members to understand the basic principles behind the legislation. These principles are openness and accountability. I further ask this essential question of all members. Would any member support or approve the granting of a work permit to a foreign national knowing that he or she might become vulnerable to any form of exploitation or degradation? The answer, of course, is no.

As previously said, the authority would help target the networks that would profit from human trafficking. It would also stop the flow of individuals who were their prey and ultimate victims.

I submit, as a responsible government, that we should be able to say no to those applying for temporary employment who may not realize that they are being duped and misled. I believe it is only right that we should be able to prevent a human being from entering into a situation that would result in harm.

It is the Canadian way to warn an individual that he or she is about to make a mistake, which could have irreversible negative effects on their future. Above all, it is a Canadian tradition to stand up and be accountable among our friends and help them in a fight against exploitation.

Hon. colleagues will agree that making Canada a safer place for everyone is our objective. The instructions have the flexibility to allow for future unanticipated situations. Human trafficking is but one example of the kind of abuse and exploitation we are all trying to prevent.

Canada does not want to remain a destination country for human traffickers. Ministerial instructions issued under this new authority would give us one more tool to help stop trafficking at our borders and prevent foreign nationals from becoming victims. They build on Canada's existing efforts to protect victims of trafficking by giving them access to a temporary resident permit, health care benefits and trauma counselling.

Canada's immigration legislation includes stiff penalties of up to life imprisonment and fines of up to $1 million for traffickers.

In conclusion, I would like to cite John Muise, Director of Public Safety for the Canadian Centre for Abuse Awareness, who said that Bill C-57 “is part of the response that needs to occur in terms of protecting women and children in this country”.

I urge all members to put aside their partisan views and do the right thing and support this very important Bill C-57.

Immigration and Refugee Protection ActGovernment Orders

June 5th, 2007 / 1 p.m.
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NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, the member for London—Fanshawe has really focused the attention on what the debate needs to be about. There is no question about the irony here. This is the government that has done more than any other to turn the clock back on women's equality. The cuts we have seen to programs and the elimination of advocacy from the mandate have been quite stunning.

I am familiar with the report of which the member speaks. It seems to me that to focus on immigration and settlement and to allow women to come to Canada independently is again where we get into the debate of how the immigration system needs to be reviewed and changed. Right now that is not happening. If we did have a system that was more open and allowed immigration to happen, because we do have worker shortages in the country, then maybe programs like this would not exist at all. I do not know.

However, the priorities the member for London—Fanshawe has identified are the real ones we should be debating in terms of legislation and changes, rather than Bill C-57.

On the question about poverty, this is a fundamental truth in realizing that the more women fall into poverty, the more we see inequality grow, then the more abuse and exploitation we see takes place in our society. If we were addressing the underlying issue of poverty and promoting women's economic and social independence, whether they are in Canada or through the immigration system, then we would really be addressing the priorities in the country.

Immigration and Refugee Protection ActGovernment Orders

June 5th, 2007 / 12:55 p.m.
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NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, I would love to get a copy of those speaking notes. Obviously they have been lined up for each party. It would be fascinating to have them and see the arguments that are presented: this is what we say to the NDP, this is what we say to the Bloc, and this is what we say to the Liberals.

That aside, I believe that in my comments I made it very clear that Bill C-49, passed in 2005, which was a bill that amended the Criminal Code dealing with trafficking, was a very significant bill. It was passed in the House. It had significant hearings. It was based on the concerns about exploitation and trafficking. Does that bill need to be amended?

In the subcommittee that I mentioned, of which I was a member, in our study of Canada's criminal prostitution laws we had a recommendation on trafficking that stated:

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.

It was a unanimous recommendation from all parties.

As I also pointed out to the member, the response we got from the government, his government, was as I actually read it into the record. It talked about the interdepartmental working group and it referred to the legislation in 2005, and apparently things were in order.

What I am saying to the member and to the minister is that if there are continuing problems in terms of dealing with trafficking and abuse, then the government should bring forward that amendment to the Criminal Code. Certainly the status of women committee has been looking at it. The subcommittee that I was on was looking at it. We said to keep it as a high priority.

However, the bill that we are debating today, Bill C-57, does not deal with that. The bill is about the Conservatives' moral agenda to basically ban exotic dancers, that is what it is, or to give the minister incredibly broad powers to do I do not know what. It does not really spell it out. That is not good legislation.

Immigration and Refugee Protection ActGovernment Orders

June 5th, 2007 / 12:35 p.m.
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NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, I am pleased to participate in the first debate on Bill C-57. I have been sitting here listening to the debate and, frankly, I was quite appalled to hear the Conservative member within an hour accuse the opposition of stalling tactics when we are debating the bill. I get the feeling that the member would be quite happy if the opposition completely disappeared off the face of the earth and then the government could run on its high-minded agenda with no one in the House to debate legislation on what it is doing. It is an outrage that within 50 minutes of the bill being debated, the member had the gall to stand and say to the Bloc member, and the Liberal member who just spoke and who legitimately raised concerns about the bill, that they were using a stalling tactic.

I would say shame on the Conservative members for being so arrogant in their attitude that they will not even tolerate debate in the House on a bill that we are sent here to deal with representing our constituents and public interests. However, we have come to expect these kinds of tactics from the government. Any time debate takes place in this House the government makes accusations and allegations that the opposition is doing a political job.

Nothing could be further from the truth. The fact is that we are here to debate this legislation and we will do exactly that. The sad part of this is that this bill, which does raise a lot of serious questions about the Conservative agenda, will probably be over in a few hours and it will be sent off to the committee. I do not know what will happen after that but that is the sad commentary on what is taking place.

I felt like I had to begin with those comments because I was sitting here feeling a sense of outrage about the political spin and the messaging that the Conservatives were engaging in when we had barely begun debate on the bill. I say shame on them for doing that. It is quite offensive the way democracy seems to take a back seat in this place.

I will now make a number of comments on the bill because I think it has some fundamental problems. At this point we in the NDP feel that we cannot support the bill.

First, the bill itself purports to propose amendments that would give authority to the Minister of Citizenship and Immigration to instruct immigration officers to deny work permits to foreign strippers. I noticed the government seems intent on using the pejorative term “strippers” as opposed to exotic dancers, which is what they are actually called. Again, that gives us a little understanding of the government's agenda. This authority would give enormous powers to the minister, on what basis it is hard to know. Giving the minister the power to cast a yea or a nay on a permit that comes on her desk raises the question as to whether or not this is really a ban.

The minister has been reported in the media as saying that she would like those permits to go down to zero. Even the government's own press release points out that over the last year it has significantly cut back on the number of people coming to Canada as exotic dancers so we know it has been doing this. This raises the question as to whether we are actually dealing with a ban, in which case the government should be up front and say that this is something it will not allow as opposed to saying that it is a discretionary thing because it has already cut permits back. I think only 17 permits were approved in the last year. This is something that is a serious concern to us in terms of the bill's real intent.

Second, as was pointed out by the NDP women's critic, the member for London—Fanshawe, when the bill was first introduced a few weeks ago, she said that if the issue is exploitation and harm, then instead of banning workers and the program, we should be focusing on workplace safety and on the rights of workers, whether they be exotic dancers, other foreign workers or domestic workers. Surely that is the issue.

When I read in one of the news reports that the Minister of Citizenship and Immigration was introducing this bill as a humanitarian response, I just about fell off my chair laughing. I spent three years on a subcommittee of the justice committee studying the sex trade in Canada. We held extensive hearings across the country and heard from sex workers, in camera and in public, and we heard from police and advocates. When we finally issued our report, although I must say that it was a disappointing report, the government's response was quite pathetic. It completely ignored the danger, the exploitation and the incredible risks that sex workers already face in this country because of our laws.

I find it incredible that the minister would pop up and say that she was introducing this bill, in which she uses the term “strippers”, based on humanitarian reasons. This is nothing more than part of the Conservatives' moralistic agenda. They see enforcement, the Criminal Code and sanctions against people as the answer to everything, instead of focusing on what the complex issues are.

I must point out that even the government, in its response to the subcommittee's report on prostitution, the Minister of Justice told the committee:

...the Interdepartmental Working Group on Trafficking in Persons...coordinates all federal anti-trafficking efforts. The IWGTIP is composed of 16 participating federal departments and agencies and works in collaboration with its provincial and territorial partners, as well as civil society and its international partners, to prevent trafficking, protect its victims and hold perpetrators accountable.

The government goes on to point out that Bill C-49, which dealt with new trafficking specific offences, was passed in 2005 under the previous government. I remember debating that bill in the House of Commons. In 2006, Citizenship and Immigration Canada announced a further series of measures to deal with the vulnerable situation of trafficking victims.

Therefore, by the government's own admission, a bill had already passed through the House and further measures were taken to deal with the serious question of trafficking, which must be dealt with, and we supported those measures. I know that the Status of Women committee has looked at that and studied it.

We now have this weird little bill before the House and we are being told that it is a most important bill. I would agree with the Liberal member for Mississauga—Erindale who pointed out all the other issues that the Conservative government has failed to address on immigration and citizenship, and the list can become very long.

With all the problems that do exist within the system, whether it is foreign credentials, family reunification or the massive backlog, none of them are being dealt with. However, all of a sudden we have this bill before us even though the government, in its response, said that it had taken significant measures in previous legislation that was enacted to deal with trafficking. One has to question what is behind this bill.

We cannot support the bill because it is does not actually deal with the problem that exists. If we want to deal with exploitation, abuse and people's rights, then we should deal with that, but to simply give the minister power, with no accountability, to accept or deny permits when she feels like it, is a completely irrational legislative response. I do not see how we in this Parliament can support that kind of legislation. I would much rather see us focusing this debate on the real exploitation that is taking place and on what the government is prepared to do about it.

Again, I will come back to the subcommittee of the justice committee that dealt with our laws on prostitution, where there are very serious issues, where we have seen a high rate of violence because of law enforcement and because of the way laws operate. Women have disappeared. Aboriginal women have disappeared at an alarming rate, a rate higher than that of any other sector of our society.

I represent the riding of Vancouver East, the downtown east side, where we have had 63 women who were missing and murdered. The evidence is piling up that the prostitution law itself, because prostitution is not illegal but all the activities around it are, is one of the main contributors to the harm these women are suffering. In fact, just yesterday in Vancouver a new report was unveiled as a result of a two year community process called “Living in Community”, which tried to grapple with this issue in a very holistic, comprehensive and sensitive way in terms of dealing with safety in the community and the safety of people involved in the sex trade.

This bill has nothing to do with that. This bill will not address any of those issues. All it will do is allow the Conservatives to say they were responding to the issues of women's equality and violence against women, to say that this is what this bill is about, but the bill does not even come close. In fact, it is offensive in terms of the way it lays out its purported response.

I want to say in today's debate that we in the NDP believe this bill is very short-sighted. There were already mechanisms in place that allowed the government to take action in terms of dealing with visas. We know that because the Conservatives themselves admitted that they were cutting down on the permits for exotic dancers. It seems to me that rather than focusing a ban on those individuals and what may be legitimate situations, what they have chosen to do is basically bring in a ban on the whole program. That is what really underlies this, because that is what the minister has told us in the media. That is what the real intent is.

Instead of focusing on the issue of the workplace and abusive employers, no matter what workplace it is, whether it is for exotic dancers or in other areas that employ foreign workers or Canadian workers, what the government does is separate out the problems into little boutique bills. It creates a sort of moral high ground around them and then claims that this is how the government is moving forward when really it has not done anything. What it may do, by an unfortunate consequence, is actually drive the sex trade further underground.

Instead of focusing on the workplace and violations that may take place, instead of focusing on the rights and the safety of sex workers or exotic dancers, because those are real situations that could be dealt with, this bill has moved in a completely different direction.

In our caucus, we have had a lot of debate about this bill. We believe it is important to deal with exploitation and abuse. We believe it is important to focus attention on women's equality in this country. We believe it is critical to ensure that foreign workers are not exploited.

In fact, I find it ironic that the government is actually accelerating the foreign worker program. Pilot studies have taken place in Alberta. We have seen a huge acceleration of the program in British Columbia, because there now is a demand from employers who want foreign workers for the Olympics, for construction and the service and hospitality industries. We actually have seen an acceleration of the foreign worker program.

In fact, it is the NDP that has been calling for a review of this program because we are concerned with the exploitation and abuse of foreign workers that is taking place as a result of this program. However, to bring in this bill and say that it is going to resolve these problems flies in the face of reality.

We in the NDP will not be supporting this bill. I think the other two opposition parties have laid out some very good issues and arguments as to their concerns as well. We of course will be participating in the discussion at committee, where I am sure there will be witnesses, and there may be amendments.

We find that the bill as it is now is not supportable. We are not prepared to support a bill that gives such open-ended powers to a minister. We are not prepared to support a bill that in effect bans these particular workers, the exotic dancers.

The NDP is not prepared to support a bill that really is based on the Conservative government's political ideology. The NDP would much prefer to deal with this issue in a real fashion. We would much prefer to deal with exploitation and to deal with, for example, the prostitution laws that have been ignored by the government. That is where the debate needs to be focused.

I would urge the minister and the parliamentary secretary and others in the government who are supporting the bill to read the report that came out of Vancouver just yesterday. It is called the “Living in Community Action Plan”. I would urge them to take a look at what a genuine community debate is all about in terms of the sex trade and what needs to be done. Government members could see how different stakeholders came together, whether it was police, government representatives, city representatives, community advocates, or sex workers themselves, and produced not only a process but a report with recommendations and conclusions that actually make some sense. That was genuine. It has a lot of merit and a lot of legitimacy because of what the individuals went through.

Something like this bill, which almost seems to have been pulled out of a hat because it serves a political purpose, needs to be called what it is, and that is what we are doing here today. The NDP will not be supporting this bill. There are a lot of problems in the citizenship and immigration department. A lot of things need to be fixed. As I said at the beginning of my remarks, this bill ignores all of those issues.

We certainly will debate this bill on its merits. We will deal with it in committee. We will debate it when it comes back. However, we believe that we have a responsibility to tell the Canadian public that this bill is a sham and that it is not going to deal with those harmful situations. All the bill is going to do is ban those workers instead of focusing on safety and rights in the workplace, which is really how this intervention should be made.

NDP members are not in a position to support this bill. I have given the reasons why. I certainly am now expecting a barrage of indignation from the Conservatives as they once again get on their little pedestals, but that is okay. We understand what that political spin is about.

I am just glad that there are members in the opposition who understand that debate is not about stalling. Debate is debate. Dialogue and different points of view are legitimate. That is why we are here. Part of our job is to hold the government to account and to look at legislation with a lens as to whether or not it has merit. We take that very seriously.

I look forward to questions and comments. I will respond to them as best I can.

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June 5th, 2007 / 12:30 p.m.
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Bloc

Meili Faille Bloc Vaudreuil—Soulanges, QC

Mr. Speaker, that is what I was saying just now to my colleague when she asked if we wanted to deal with the issue. Difficulties with the domestic help program were raised at the Standing Committee on Citizenship and Immigration. I also participated in an Amnesty International campaign to point out the problems with this program.

The government has all the information required to deal with the problem of women who are subjected to degrading treatment here in Canada. We are waiting for policies on the matter. One does not preclude the other. People are familiar with the Standing Committee on Citizenship and Immigration. We work very hard and we even hold additional special hearings that are currently planned for other matters. The subject is very broad, but this bill requires special attention. I do not believe that the committee will block such an important issue. However, we are limited by the sections of the Act that are amended by the bill. We will have to do some gymnastics to make the bill effective. Nevertheless, I do not necessarily expect that we will have any difficulty identifying individuals who could appear before the committee and we should proceed quickly with Bill C-57.

At this stage, we wish to do everything in our power to make this an effective piece of legislation. For this reason, we support sending it to committee. I agree with the member that the government has everything it needs to tackle the problem of domestic help and temporary workers.

Immigration and Refugee Protection ActGovernment Orders

June 5th, 2007 / 12:25 p.m.
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Bloc

Meili Faille Bloc Vaudreuil—Soulanges, QC

Mr. Speaker, I never said I was against Bill C-57. People know that immigration is an important issue to me and that I am currently working very hard for the most vulnerable. Even the parliamentary secretary sometimes finds that I am very difficult because the measures I propose are to serve and protect a greater number of people. I do not want the member opposite to think that we are against this bill. However, the bill as worded is not effective. As long as we are studying a bill, we can only work with the clauses that are open. We will propose changes to deal with this problem.

Human trafficking is an issue I am interested in. I can talk about my contribution in committee. This issue was addressed in discussions on the live-in caregiver program, which was at the heart of Amnesty International's campaign on human trafficking. I am one of the signatories and one of the people who promoted this campaign to denounce aspects of the immigration program and protect women who are already here on Canadian soil. I was very critical of the Liberal Party and the measures proposed by the government in the previous legislation.

My colleague can also take note that I was close to the political machinery in 1989, 1990, 1991 and beyond. I am familiar with all the problems involving the trafficking of women since then, hence the quote on the problems Barbara McDougall had to deal with in 1991—

Immigration and Refugee Protection ActGovernment Orders

June 5th, 2007 / 12:25 p.m.
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Conservative

Joy Smith Conservative Kildonan—St. Paul, MB

Mr. Speaker, when I listened today, it reminded me of what immigration lawyer Richard Kurland said on The Verdict on CTV Newsnet:

What is 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 is what is remarkable today.

Today I am hearing the opposition parties, who are responsible to their members, who are responsible to the people who elected them. Here in Canada, in Ontario and in Quebec, we have had recent arrests of human traffickers within the last month.

Today we are seeing stalling tactics. A favourite way of stalling is for a member to say, “I like what you are saying”, because the member is afraid to say, “I am going to ditch the bill”, so what is said instead is, “We need to review it”. Possibly this means for the next three to five years, or a member will say that it is incomplete, or dream up some other thing.

We are a government that takes action. The minister has put together Bill C-57 to protect our most vulnerable citizens to ensure that they are safe when they come to Canada.

May I ask the member opposite, will your side of the House support Bill C-57, acknowledge what is happening in your province and support the constituents who have elected you to this Parliament?

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June 5th, 2007 / 12:10 p.m.
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Bloc

Meili Faille Bloc Vaudreuil—Soulanges, QC

Mr. Speaker, I am pleased to take part in the debate on Bill C-57, a bill that seeks to deal with the issue of sexual exploitation and to make amendments to the Immigration and Refugee Protection Act.

On the basic objective of the bill, we share the same values. We find it completely unacceptable that, here in Canada, people can suffer degrading treatment, be denied their dignity and be subject to sexual exploitation. We agree that legislation is needed to implement measures to protect foreign nationals.

In the past, we have attempted to deal with this issue on several occasions, regardless of which government was in power. If memory serves, around 1991, Barbara McDougall also expressed her desire to amend and strengthen the law—including the Criminal Code—and to introduce other measures to stop this shameful practice. This problem has resurfaced sporadically in recent decades. At present, the RCMP says that between 600 and 800 women are subject to abuse each year. As my colleague opposite has said we are talking about 800 people every year. Surely, we cannot be insensitive to the situation of these women.

On the subject, we think that measures must be taken. However, we must not go overboard. The bill tabled by the minister is incomplete. The definitions are not clear and a lot more work will be needed in committee to clarify some definitions set out in the bill. The manner in which an immigration officer could act and the simple fact that mere suspicion could be taken as proof seems inadequate to us and could cause harm to other women who wanted to come to Canada for completely legitimate reasons.

As I said previously, this bill reminds us of many stories that have come to light in the past two decades and caused great embarrassment to ministers of Citizenship and Immigration.

At present, in terms of immigration, there are no figures available concerning the possible entry method of people who might be subject to this kind of treatment. When we look to the past, around 1991, there was reference to about 600 women who were applying for permits to work as exotic dancers. Over the years, the department has issued directives to different embassies, with the result that immigration officers have been more restrictive, more limiting. Currently, we are talking about some fifteen cases of this type at the embassy.

We believe that the problem has moved elsewhere and that people are arriving in Canada legally. Some women enter Canada with a work permit to be waitresses or to work at other jobs. They may fall into the hands of individuals who misrepresent themselves or persons who will take advantage of them.

We might even take a look at some advertising. My Conservative colleague for Calgary—Nose Hill told us about explicit ads that appeared in African newspapers. These ads were recruiting young women with the promise of a study permit. Women are arriving in Canada under this pretext as well.

Recent measures allowing students to earn income make it possible for some women to come to Canada as students and to work in the evening as dancers.

Another example is that of domestic help. Successive governments that have reviewed this program have always retained the live-in criterion, whereby the individual must live in the employer's home. This does not minimize the risk of abuse and degrading treatment. The list is long. When we examine the cases presented by the RCMP and we ask them questions, we realize that there are many avenues.

It is not enough to pass immigration laws and to believe that the problem is solved. There should be additional legislation dealing with the other aspects of the issue. As I have already mentioned with regard to current immigration, I believe that we are taking the wrong approach to the problem. We should be dealing with the criminal elements and employers who exploit their employees.

There are still too many people in Canada who find themselves involved in illicit activities. These people are subjected to degrading treatment and are exploited by their employers. The Standing Committee on Citizenship and Immigration must study this issue. I am sure that it would uncover situations in which women are being sexually exploited or subjected to degrading treatment. By failing to take action on the issue of people without status, the government is increasing the number of women in Canada who are mistreated.

The intention is good. Nobody wants women to be sexually exploited. Nobody wants women to be subjected to degrading treatment. Everybody wants to condemn this kind of attack on women's dignity. Unfortunately, the proposed solution is inadequate.

There is also a problem with this bill in terms of transparency, as I said at the beginning of my speech. The wording of the Immigration Act in the bill would give far too much power to the Minister of Citizenship and Immigration in instructing immigration officers. There are already problems related to granting work permits and visas. Many immigration stakeholders have criticized the arbitrary authority of immigration officers.

I am sure that many of my colleagues here in this House have had cases in their ridings where people were turned away, cases whose outcome they do not understand.

This bill gives immigration officers even more discretionary power, which makes us wonder how these officers will be equipped and to what degree the fear of being slapped on the wrist for having made a bad decision will make the system even more restrictive than the bill intended.

The ministerial instructions, and therefore the bills, will be published in the Canada Gazette and will be part of the annual report to Parliament. This measure is important to transparency. We will be able to follow the progress of the problem or situation.

We would be in favour of referring this bill to committee for a more thorough study and in order to complete it. We will try to do so by working on the grey areas, such as the definitions, for example. We will ask the department to provide us with further details in terms of the figures. We could also hear from other stakeholders such as the Canadian Bar Association or professors in the field of the status of women. We could thus determine the best way to address the issue.

This bill's greatest weakness is that it will discourage people who want to obtain a work permit, and they will then come illegally. They will continue to use other avenues. The parliamentary secretary can attest to this, since we heard witnesses who work with refugees near the borders. They gave testimony about what people will do to get across the border. We are only encouraging this practice. In order to escape extreme poverty or even more severe abuse in their own country, people are willing to find other ways to come to Canada. We run the risk of increasing the number of people living here illegally.

As for the work permit, we must do everything in our power to better define, in the bill, the role of immigration officers. The Canadian Council for Refugees issued a press release, which states: “—closing the door on valid work permits may expose women to greater vulnerability by forcing them underground”. Thus, we would only be shifting the problem and it would be even more difficulty for the authorities to act to counter the problem. The human trafficking network is becoming more and more sophisticated at this time, and it often uses other means to smuggle people in.

The study in committee will allow the minister and department officials to better define their intentions and supply figures. Then we would be better equipped to work on this issue. I know that the issue of human trafficking was studied by the Standing Committee on the Status of Women. We could probably refer to the testimonies heard there.

I will leave it at that for now. We will be in favour of referring the bill to committee. In light of what we hear there and improvements that could be made, we will find a way to eliminate this problem more effectively.

Immigration and Refugee Protection ActGovernment Orders

June 5th, 2007 / 11:45 a.m.
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Liberal

Omar Alghabra Liberal Mississauga—Erindale, ON

Mr. Speaker, I stand before the House today to participate in debating Bill C-57, An Act to amend the Immigration and Refugee Protection Act.

While I, along with my colleagues, try to debate this bill objectively and examine its components seriously, I have to admit that I am hugely disappointed that the Minister of Citizenship and Immigration and the Conservative minority government continue to neglect a wide array of immigration files that deserve serious attention and immediate action.

In late February, the House of Commons debated and adopted a motion which stated that the Conservative Party has been failing immigrants and new Canadians and, in fact, all Canadians. The House expressed the concerns of many Canadians about the direction or, more specifically, the lack of direction, that this Conservative government has taken toward helping immigrants and new Canadians reach their optimum potential in society.

Canadians are quite rightly proud of our diversity and our reputation for welcoming immigrants. Immigration is more than just a symbol to Canadians. It is also an economic necessity. Given the dynamic nature of our immigration system and the diverse character of our nation, the federal government, regardless of the party in power, must recognize the magnitude of its responsibility toward these challenges and opportunities.

New challenges arise as our needs for immigration change. The adjustments that many immigrants face are numerous. The opportunities that immigrants bring to our country's skilled labour force enhance the cultural richness of our society and increase the knowledge base of our economy and communities.

I want to take some time to go through a number of challenges and opportunities that the government could be and should be focusing on, but it has unfortunately shown little will or desire to do so.

For example, on foreign credentials, during the last federal election campaign the Conservatives continually stated that if they were in power they would fix the difficulties that many immigrants and new Canadians face when attempting to have their foreign credentials assessed or when obtaining professional domestic licences.

The Conservatives made an explicit promise to eradicate barriers that some new Canadians face and blamed the Liberals for neglecting this issue. The promise to fix the problem of foreign credentials was written into their platform despite the fact that many told them, and in fact many Conservatives knew, that this promise was bogus.

What happened? Once the Conservatives assumed office, they employed delay tactics and deceptive tricks to pretend that they are still committed to fulfilling that promise. A year and a half later, the Conservatives admitted that they are breaking that promise and have abandoned Canadians who took their word at face value.

It is not that the Conservatives have changed their minds about the importance of this real and serious problem, but they have chosen to go from one extreme to another, from promising to take on the whole matter and fix it once and for all, to refusing to accept the role that the federal government can play in facilitating a solution. After repeated promises and a year and a half of claims that they are fulfilling their promise, the Conservatives have decided to shake off their responsibility and pass the blame on to others.

I am sure the Conservatives are aware that Canadians are not pleased with their handling of this file. Canadians continue to expect them to step up to their responsibility and take a leadership role in facilitating a resolution to this complicated matter.

Let us move on to family reunification, another missed opportunity for the Conservatives. They have the opportunity to address the mounting backlog of family reunification applications. Many Canadians continue to wait too long to sponsor their spouse, parents or grandparents, which raises the level of anxiety and frustration among many.

We as a country have made a conscious decision to help Canadians and permanent residents reunite with some of their immediate family members in order to help them in their settlement process and reduce family separation anxiety. The Conservatives appear to have a nonchalant attitude toward this increasing pressure on our system and have yet to articulate a plan and a process to address it.

Also, what about the lost Canadians? There is the matter of the so-called lost Canadians, on which the Standing Committee on Citizenship and Immigration has been conducting a comprehensive study, because many Canadians are starting to realize that due to old and archaic clauses within the 1947 Citizenship Act and other unintentional flaws, they have lost their Canadian citizenship.

Unfortunately, rather than stepping up to the challenge and dealing with this matter expeditiously, the Conservatives chose to spend a lot of time attempting to minimize this problem. They expended a lot of energy on arguing whether there were only 400 Canadians affected or upward of 50,000 Canadians affected.

Regardless of the number of Canadians affected, it was clear to any intelligent observer that many Canadians were caught in some unfortunate circumstances and the government should have acted quickly to assist them. If it were not for the determined work of our committee members at the citizenship and immigration committee, and the heart-wrenching stories of many Canadians who were affected, the Conservatives would have completely ignored these laws.

What about the points system? Many stakeholders have been arguing that our points system to attract immigrants needs reform and adjustment. The Conservatives are ignoring that matter.

What about the Immigration and Refugee Board? Our Standing Committee on Citizenship and Immigration has tabled a report articulating and describing the state of crisis that the IRB is going through. At least a third of IRB members have not been appointed and the backlog has tripled.

What about citizenship application delays? Many permanent residents have been waiting for months, in fact more than a year, for their citizenship applications to be examined. The backlog continues to mount.

What about temporary workers? A lot of stakeholders have been lobbying on this and arguing that our temporary foreign workers program needs reform.

I deliberately have spent a lot of time highlighting the various pressing issues that the Minister of Citizenship and Immigration needs to address. These are all serious and urgent matters that Canadians expect the minister responsible for the Department of Citizenship and Immigration to be focusing on and resolving.

I have to admit, though, that when I was briefed on Bill C-57, I was disappointed. I was hoping that the minister was going to offer solutions to any of the challenges I have mentioned today. Instead, the Conservatives and the minister have chosen to play cheap political games.

Let me be very clear. I support any and all initiatives to protect Canadian and foreign workers from exploitation and abuse. That is why we will give the bill a chance to achieve what it is intended to accomplish, but we have a lot of unanswered questions. We will be consulting and listening to experts and stakeholders at committee to ensure that we end up with a bill that has real substance, not broad and ineffective unchecked political powers.

I will not hide my disappointment with the fact that the minister appears to have chosen to play politics rather than implement real and sound policies. There are many other pressing issues that deserve the highest level of her attention and energy. As an opposition member of Parliament, regardless of how the parliamentary secretary feels about my performance, I am expected by Canadians to critically evaluate the performance of the Conservative government and to test legislative proposals thoughtfully and deliberately to ensure that Canadians receive effective policies and laws from their government.

I do not think anybody is fooled by the fact that this legislative proposal's main goal is to create the perception that the previous Liberal government was condoning the exploitation of temporary foreign workers who came to Canada as exotic dancers and that hundreds of them were arriving at our borders annually. In fact, the hon. member just mentioned it in his speech.

Having said that, I, along with my parliamentary colleagues, have a responsibility to rise above petty partisanship and posturing and ultimately decide whether we are supporting the bill based on its merit and substance, putting aside all the rhetoric that is based on false perceptions.

There is room for partisan differences, however, during our debates and the exchange of ideas, in order to challenge ourselves to do better and to seek to improve what we have. The Liberal Party strongly believes in protecting women against exploitation and human trafficking. The previous Liberal government made substantial changes to restrict visa applications to foreign exotic dancers.

My Liberal colleagues at the Standing Committee on the Status of Women endorsed a report that called on the government to do more to address the systemic problems that may exist when it comes to vulnerable members of our society. This leads me to the conclusion that the government's approach to this matter only confirms my concern that this bill has more to do with political motivation than a genuine desire to protect exploited women.

The bill, regardless of its declared objectives, does very little, and in fact nothing, to address the systemic problems of exploitation that exist in Canada. If the Conservatives agree with many who say there is a high risk of exploitation, why are they not instructing the human resources and social development department to examine the industry itself?

Why are they choosing to avoid dealing directly with the establishments and employers who are implicitly accused of committing these exploitations? Who is doing the monitoring? Who is protecting the foreign workers who are in Canada now? How will the minister reach a conclusion when allegations are made about abuse? What about other industries that need temporary foreign workers? If we have allegations of abuse, will the minister take measures to deal with these allegations? Again, what is the role of HRSD?

These are very legitimate questions and deserve real answers.

This bill alone does not address the root causes of the problem. I want to urge the Conservatives to expand their policy to include addressing the systemic issues if they are really serious about eradicating causes for abuse and exploitation. If these conditions continue to persist, other women will be victimized, and this should no longer be acceptable to any of us.

The Department of Human Resources and Social Development must have a bigger role in monitoring and verifying working conditions and protecting workers. As it stands right now, the bill provides the minister with unchecked and broad powers that could have serious impacts on our industries. Currently, all classifications under the foreign worker program could be adversely affected, including those of agricultural workers and live-in caregivers. We will be calling for further clarification and restrictions at committee.

If the Conservatives are serious about protecting foreign exotic dancers, why not restrict the mandate of the bill? I want to reiterate that we in the Liberal Party stand firmly against allowing or condoning any form of abuse or exploitation of all women, be they Canadians, permanent residents or foreigners, and we will work diligently with any party on combating it.

We will put partisanship aside and offer thoughtful and constructive ideas that will advance this cause. We are determined to eliminate any causes that may place anyone in a vulnerable position of exploitation and/or abuse. Even though the bill is incomplete, and even though we know it is motivated by petty partisanship, we are prepared and in fact keen to remain a constructive voice in this debate.

I am looking forward to listening to all arguments and to discussing with my colleagues and other interested and concerned Canadians how we can improve the bill. I am grateful for this opportunity to share my thoughts with the House.

Immigration and Refugee Protection ActGovernment Orders

June 5th, 2007 / 11:20 a.m.
See context

Souris—Moose Mountain Saskatchewan

Conservative

Ed Komarnicki ConservativeParliamentary Secretary to the Minister of Citizenship and Immigration

Mr. Speaker, I rise today to propose several important amendments to the Immigration and Refugee Protection Act.

I know all members will agree that immigration is the lifeblood of Canada and, therefore, vital to its future. New Canadians bring us new ideas, new cultures, new skills and, above all, a fresh vibrancy and energy to our great country. To remain progressive and competitive, Canada needs to sustain and maintain this essential infusion of skill and commitment.

For some time, the prospect of becoming a Canadian is first realized when they apply for and receive a temporary work permit. For hundreds of thousands, such permits have been a doorway to opportunity, hope, security, prosperity and realizing a dream of becoming a Canadian.

It is not only our responsibility as elected representatives to debate and craft the laws that govern entrance to our country, but it is our duty to ensure that these laws reflect a modern, compassionate, flexible and responsible process as well.

The government has brought about a number of significant changes to that process. It has proposed and implemented a number of initiatives and policies that clearly demonstrate a commitment to innovation and improvement. We have also demonstrated compassion and understanding to those in need of a helping hand.

Today I intend to outline to hon. members how the government will help prevent applicants for work permits from being exploited or abused. The amendments would give immigration officers the authority to deny work permits in situations where applicants may be at risk.

Bill C-57 addresses an important gap that currently exists in Canadian immigration law. The Immigration and Refugee Protection Act, or IRPA as it is known, provides the Government of Canada with authority to allow an individual to enter this country even if they do not meet all of the requirements and are inadmissible. We do this to ensure that we are able to take into account that each applicant who enters Canada represents a unique situation. Unfortunately and paradoxically, the act does not provide a similar authority to deny a temporary work permit to an applicant who meets the entry requirements.

Other countries, such as Australia and the United Kingdom, have varying forms of discretionary authority over and above their general inadmissibility provisions but we do not.

Essentially, the current rules allow officers to refuse work permits based primarily on what is or has been happening, for example, if the applicant has a communicable disease or has criminal conviction.

These proposed amendments, however, will allow an officer, based on instructions issued by the minister, to refuse a work permit based on reasonable concern for what will happen, namely, that the person could be in danger of being trafficked, exploited or degraded once in Canada. Immigration officers would make their decision on a case by case basis. Each application for a permit would be assessed on its own merits.

The proposed changes could be used to prevent abuse in a number of possible scenarios, which could include low skilled labourers and exotic dancers, as well as other potential victims of human trafficking. For example, some applicants for work permits may be inexperienced, without a support network and overly dependent on their employer. In many situations, this would not be a problem. However, in some situations this could lead to humiliating and degrading treatment, including sexual exploitation.

Where there is evidence that these concerns are serious and well-founded, ministerial instructions would provide the government with the mechanism to protect applicants from abuse and exploitation they might otherwise experience.

Making Canada a safer place for everyone is our objective and the authority is intentionally broad to allow for future unanticipated situations.

Human trafficking is another example of the kind of abuse and exploitation we are trying to prevent. Ministerial instructions issued under this new authority would give us another tool to help stop trafficking at our borders and prevent foreign nationals from becoming victims of this heinous crime.

Because of the broad parameters of the authority, I would like to assure hon. members that we have built a high level of accountability into its use.

I would now like to review the government's commitment to accountability on this matter. First, any instructions issued by the minister under the authority in the proposed amendments would be based on public policy objectives and evidence that clearly outlines an identified risk of abuse or exploitation. The instructions would also need to be linked to the objectives of the Immigration and Refugee Protection Act and they would need to comply with the Charter of Rights and Freedoms.

Second, any decision by an immigration officer to use the new authority to refuse a work permit in Canada would require the concurrence of a second officer. Ministerial instructions would also be published in the annual report to Parliament and in the Canada Gazette. As members can see, these amendments stand on the principles of openness and accountability that are a hallmark of our government.

Since our government was sworn in, we have worked tirelessly to strengthen Canada's immigration system. The last budget highlighted our commitment to making Canada a more welcoming place to newcomers who are so critical to Canada's success. It includes important measures that will help ensure our immigration system is more responsive to the needs of local economies and make Canada more attractive to immigrants who can contribute to our growing economy.

It reaffirmed, for example, our commitment to increase settlement funding to help newcomers succeed. That is a $1.3 billion investment over five years. We want to be sure that the tools are there for those who come to our country and wish to succeed.

The budget confirmed the creation of the Foreign Credentials Referral Office, which will be an important service for immigrants overseas and newcomers already in Canada. As announced by the minister on May 24, the office will give applicants information about the Canadian labour market, credential assessment and recognition requirements. It will help them connect with the appropriate assessment bodies.

The budget also included an important change to our immigration program. This change will allow eligible foreign students who graduate from post-secondary institutions and have Canadian work experience and qualified temporary foreign workers with Canadian work experience to apply for permanent resident status from within Canada. This will allow us to tap into a pool of talented people who have the skills and experience to succeed in our country, our economy and our communities.

Currently, temporary workers and recent graduates usually need to leave Canada to apply for permanent resident status. As a result, many of them end up pursuing other options and do not return to Canada.

Allowing these people to apply for permanent resident status from within Canada will open up an important source of skilled and talented newcomers. This includes skilled tradespersons who may find it difficult to qualify under the current skilled worker program.

The Canadian experience and credentials that individuals who qualify have will enable them to more quickly and effectively integrate into Canadian society and the workforce. This will also help ensure all regions benefit from immigration. Many newly arrived immigrants go to Toronto, Montreal and Vancouver but those who have been studying or working temporarily in smaller centres are more likely to stay where they are already established.

Over the past few months this government has introduced various changes to the temporary foreign worker program to ensure the program is more responsive to Canada's labour needs.

Budget 2007, for example, included funding for further improvements to the program, making it faster for employers to get the people they need in regions and sectors facing the most critical shortages. These improvements include negotiating agreements with the provinces and territories to allow them to play a more direct role in helping their employers access temporary foreign workers that they so desperately need.

We have extended pilot projects enabling workers with less formal training to work in Canada for up to 24 months instead of 12 months. We have also extended work permits issued to live-in caregivers to three years and three months, up from one year.

We have also acknowledged and developed lists of jobs where there have been labour shortages to make it easier, quicker and less costly for employers in certain regions to recruit the foreign workers they need.

As our economy grows and the demand for temporary foreign workers continues to rise, we need to ensure that these growing numbers of workers enjoy the respect they deserve for helping to fill our labour shortages. We need to speed up the processing of applications and strengthen monitoring and compliance mechanisms to help ensure that employers respect commitments to wages and working conditions.

Budget 2007 is the second budget in a row that featured important measures designed to help immigrants to Canada get started on the right foot and to succeed.

In 2006, as members will recall, we cut the right of permanent resident fee in half, reducing it to $490. The government has refunded more than $40 million to date. This measure applies to immigrants who become permanent residents under all social, humanitarian and economic classes. It is designed to lessen the financial burden associated with immigrating to Canada.

As well, the government has demonstrated compassion to victims of human trafficking by authorizing immigration officials to issue temporary resident permits for up to 120 days. Individuals who receive these permits are also exempted from the processing fee and are eligible for trauma counselling and health care benefits under the federal interim health program.

These measures have been carefully designed so that only bona fide victims of human trafficking would benefit from them. No one is removed from Canada without consideration of their need for protection.

While I am proud of the progress we have made to date, there are still many challenges ahead and much work to be done. The government is working to ensure that Canada's immigration system can meet our current and future labour market needs and facilitate the integration of newcomers to Canada.

With respect to Bill C-57, it is worth noting that it has been well received by groups working to eliminate human trafficking. Irena Soltys, co-chair of the Stop the Trafficking Coalition, said:

Stop the Trafficking Coalition supports [the minister's] announcement regarding changes to the IRPA 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--

There are other groups that have stepped up to the plate as well and have indicated that the announcement proposed in the act is something that is well received and is something that will protect vulnerable workers from exploitation. M. Christine MacMillan, territorial commander for 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.

Even those in the adult entertainment industry are acknowledging the need for Bill C-57. It is truly unfortunate that the Liberal immigration critic, the member for Mississauga—Erindale, was dismissive of Bill C-57 when he said it was frivolous legislation regarding so-called exotic dancers' work conditions.

Instead of dismissing Bill C-57 as frivolous, the Liberal immigration critic should have sought the opinions of respected organizations, such as Stop the Traffic Coalition, The Future Group and The Salvation Army, who have offered support for the legislation.

The Minister of Citizenship and Immigration expressed dismay that this legislation would be treated so flippantly. There is no doubt that it is an important piece of legislation that would protect vulnerable foreign workers coming to Canada and those who need protection from being exploited or being subject to human trafficking.

Our government will not apologize for having brought this legislation forward. We will not apologize for introducing added protections that would help prevent situations where temporary workers in Canada, including strippers, may be abused, exploited or possibly become victims of human trafficking.

I would ask that all members support these proposed amendments. They were designed to protect vulnerable persons. They would help ensure that Canada's immigration system is not used by criminals to victimize people. They are intended to prevent the exploitation and the casting of individuals into a life of misery and degradation.

Without these amendments, immigration officers could not deny a work permit to someone who met all the requirements to enter Canada, even if they believed that there is a strong possibility or a reasonable concern of exploitation or abuse.

Strengthening the minister's authority would provide the Government of Canada with a tool to respond to situations where a permit applicant could be at risk.

To sum up, our proposed amendments would go further in helping prevent vulnerable foreign workers from being exploited or abused.

These amendments would further our efforts to strengthen our immigration system. They would give the Minister of Citizenship and Immigration the authority to instruct immigration officers to deny work permits to individuals, including exotic dancers, who could be subjected to humiliating and degrading treatment, including sexual exploitation in Canada.

It is unconscionable that the previous government gave blanket exemptions to foreign strippers to work in Canada despite warnings that women were vulnerable to forced prostitution and other forms of exploitation.

We are taking real action to help prevent the exploitation of women and children while protecting other foreign workers who could be subject to abuse and exploitation.

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

No longer shall our government be complicit in facilitating human trafficking by permitting foreign strippers into the country when they could be potential victims of abuse or exploitation.

Canadians are justifiably proud of our reputation for fairness around the world. It is unacceptable to allow situations of exploitation that existed under the previous government to continue.

If we truly value the freedoms and ideals that our wonderful country was founded upon, we will support these amendments.

Immigration and Refugee Protection ActGovernment Orders

June 5th, 2007 / 11:20 a.m.
See context

Conservative

Jason Kenney Conservative Calgary Southeast, AB

moved that Bill C-57, An Act to amend the Immigration and Refugee Protection Act, be read the second time and referred to a committee.

Business of the HouseOral Questions

May 31st, 2007 / 3:05 p.m.
See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, with regard to the last point, we have already addressed that.

However, with regard to the balance of Thursday's statement, I am pleased to respond that today and tomorrow we will continue with Bill C-55, the expanded voting opportunities bill; Bill C-14, the adoption bill; Bill C-57, An Act to amend the Immigration and Refugee Protection Act; and Bill C-45, the fisheries act.

In the last Thursday statement, we indicated that we were hoping to have this week as “enhancing the quality of the life of first nations people week” but this was cancelled by the opposition parties when they did not release Bill C-44 from committee, the bill that would give the first nations protection under the Canadian Human Rights Act. Not only is it being held up now but, as early as this morning in this House, the opposition obstructed our efforts to get the bill dealt with forthwith so that first nations people could have the human rights that every other Canadian enjoys. We know that if all parties would agree to proceed with that, as we saw when we sought unanimous consent, it could proceed, but some would prefer to obstruct it.

Next week will be welcome back from committee week, when we welcome business that has been at committee, including some that has been stalled there for some time. We will deal with Bill C-52, the budget implementation bill, which will begin report stage on Monday and, hopefully, we can get third reading wrapped up by Tuesday.

Following the budget bill, we will call for report stage and third reading of Bill C-35, bail reform. After that, we will call Bill C-23, the Criminal Code amendments. I hardly remember when Bill C-23 was sent to the committee by this House. That took place long before I was even House leader 228 days ago.

Thursday, June 7, shall be the last allotted day. There are a number of other bills that we would like to include in our welcome back from committee week. I still hope we can see Bill C-44, the amendments to the Canadian Human Rights Act, to which I just referred; Bill C-6, the amendments to the Aeronautics Act; Bill C-27 dealing with dangerous offenders; Bill C-32 dealing with impaired driving; and Bill C-33 dealing with foreign investment, if the opposition parties will release those from committee.

May 29th, 2007 / 5:10 p.m.
See context

Conservative

Diane Finley Conservative Haldimand—Norfolk, ON

Thank you for the question, and I do appreciate you standing in today.

We've actually achieved quite a lot. The previous government introduced a tax, if you like, of almost $1,000 per newcomer to Canada. We cut that in half. This is money that's used to help newcomers integrate into Canadian society. Whereas those levels had been frozen for almost a decade, we added $307 million of new money. That's good news.

We've made it possible for the first time for university students to work off campus for up to 20 hours a week. Prior to that they could work on campus, but we want to help them get involved in their communities, expand their work experience, and make them more valuable employees in the future.

We've also made it possible for temporary foreign workers and for the self-same university students with experience to apply under certain conditions to stay in Canada, apply for their permanent residence from within Canada. No longer will they have to leave and make application and then come back.

As well, we've improved and streamlined the temporary foreign worker program, making it more responsive by opening up special offices in the west to help employers. We've worked with the provinces, with B.C., Alberta, and Ontario, and we're in the process with others, on making lists of occupations under pressure. These are occupations where we know there's a shortage of workers. So when employers come looking for a labour market opinion and ask can they bring someone in, and we're saying no, you can skip that step and go find your people and bring them over. We're accelerating the responsiveness to the labour market needs.

So we've done a lot of things. We've also brought in Bill C-14to help adoption and to help adopted children become Canadian citizens more readily. We've introduced Bill C-57, which is to help protect and keep newcomers to Canada from becoming sexually exploited or abused or subject to human trafficking, and then today I just announced that we want to bring forth further legislation, amendments to the Citizenship Act, to help.

May 29th, 2007 / 4:30 p.m.
See context

Conservative

Diane Finley Conservative Haldimand—Norfolk, ON

Thank you for the questions.

I have to admit, first off, that I am surprised that our introduction of Bill C-57, which is aimed at protecting people who are coming to Canada from being exploited or subject to human trafficking, would be so easily dismissed by you. Frankly, I think it's very important legislation, and I'm not going to apologize for having brought it forward, not in the least. I think it's far too important to be dismissed that lightly.

In terms of the foreign credentials review, we did, as we promised, undertake extensive consultations. I, while I was in both this ministry and my previous one, and my predecessor in this department, our officials in both departments, as well as our political staff undertook extensive consultations with a very wide range of stakeholders right across the country. We consulted all the provinces and territories, post-secondary institutions, regulatory bodies, settlement agencies, immigration groups—very exhaustive consultations. And what they told us was that having a federal agency would actually be inappropriate.

May 29th, 2007 / 3:45 p.m.
See context

Conservative

Diane Finley Conservative Haldimand—Norfolk, ON

First of all, what I'd like to do is congratulate the committee on the fine work it has done in terms of what needs to be done with the Citizenship Act and the changes to be made to it. Unfortunately, the three prior bills that were brought forward by the previous government all got dropped on the table; that's why we're making efforts now with Bill C-14, Bill C-57, and the legislation that I'm proposing to table in the fall to address some of the problems that have been raised by this committee. I hope that because of that we will have the support of the committee.

In terms of revocation, there is a process that was followed with these individuals. The process was initiated under the previous government. It has taken many years because as a country, and regardless of political party, Canada has taken the position that we will not be a safe haven for war criminals. It's just that simple. There is a legitimate process in place through the Federal Court, and that is the process we have begun.

Immigration and Refugee Protection ActRoutine Proceedings

May 16th, 2007 / 3:25 p.m.
See context

Haldimand—Norfolk Ontario

Conservative

Diane Finley ConservativeMinister of Citizenship and Immigration

moved for leave to introduce Bill C-57, An Act to amend the Immigration and Refugee Protection Act.

(Motions deemed adopted, bill read the first time and printed)