Bill C-17 (Historical)

An Act to amend the Immigration and Refugee Protection Act

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.

Motions in Amendment

[Ted Menzies, Conservative, Parliamentary Secretary to the Minister of Finance]

Mr. Speaker, on behalf of the government, I am pleased to rise to speak in absolute and sincere opposition to the proposed amendments to Bill C-50, amendments that would seek to effectively delete the government's proposed improvements, and I emphasize improvements, to the Immigration and Refugee Protection Act, which are contained in part 6 of Bill C-50.

I note that the amendments originate with my colleagues in the Bloc Québécois, but they are supported by my colleagues down the way in the NDP. Sadly, this is yet another occasion where the NDP, despite its rhetoric, will vote against crucial measures proposed by this Conservative government to help immigrants.

The NDP's track record on immigration is a sorry one at best. In this Parliament alone, the NDP has voted against $1.3 billion for settlement funding, after a funding freeze of 10 years under the previous government. The NDP also voted against the establishment of a foreign credentials referral office. It voted against cutting the immigrant head tax, which our government cut in half, despite the NDP.

The NDP has even voted against providing increased protections for vulnerable foreign workers. Its continued opposition to Bill C-17 is preventing vulnerable foreign workers, who could be subject to abuse and exploitation, from getting protection that they need and deserve.

Despite their talk, the New Democrats do not step up to help newcomers to Canada. This Conservative government, however, does and continues to do so with our immigration changes proposed in Bill C-50.

Our proposed amendments in part 6 of the budget implementation act addressed the legislative roots of Canada's broken and overloaded immigration system. Neither Canadians nor prospective newcomers to our country benefit from an immigration system that, due to its systemic deficiencies, forces prospective immigrants to wait for up to six years before their applications are looked at, let alone processed.

The current system is especially problematic, since by 2012 fully 100% of our net labour growth will come from immigration. The systemic flaws in the current immigration system continue to hinder our country's ability to meet the needs of newcomers and the social and economic needs of our country. Urgent action is required. That is why changes to the Immigration and Refugee Protection Act were included in budget 2008.

“Advantage Canada” 2006 identified that Canada needed the most flexible workforce in the world, an issue that is critical to Canada's future. Without our proposed legislative changes, the uncontrolled growth of the immigration backlog will continue, the backlog we inherited, by the way, from the previous Liberal government, which currently stands at over 900,000 people waiting in line to come to Canada.

This backlog is unacceptable. Urgent action must be taken so the backlog can be reduced. A new and more efficient processing system is desperately needed, a system that is both responsive to the needs of the newcomers and the needs of Canada.

To move toward accomplishing these goals, the legislative changes contained in part 6 of Bill C-50 are absolutely essential. The fact is Canada faces serious international competition in attracting people with the talents and the skills we need to ensure our country's continued growth and prosperity.

Compared to the United Kingdom, Australia and New Zealand, we are the only country that does not use some kind of occupational filter to screen, code or prioritize skilled worker applications. Compared to other countries, Canada's system is simply not flexible enough. While Australia and New Zealand are processing applications in six to twelve months, if nothing is done, processing times in Canada will reach ten years by 2012. As more people submit applications and our current obligation to process every application to completion remains, the backlog continues to grow and Canada's labour shortages worsen.

If we do nothing to address the problem, we risk having families wait even longer to be reunited with their loved ones and we risk losing the people our country needs from other countries. Because those countries are in fierce competition with us for the skills and talents that newcomers bring, our government believes that without this legislative intervention the system is destined to collapse under its own weight.

It is important to note that the legislative changes contained within Bill C-50 are but one aspect of the government's approach to addressing the backlog problem. These legislative changes would prevent the backlog from growing, but let me be crystal clear on two key points about these proposals.

Contrary to the misinformation that is out there, we will not be placing any limits on the number of applicants that we will accept. Canada remains open to immigration and anyone can still apply.

However, under the proposed legislative changes, we will not have to process every application. Those applications not processed in a given year can be held for future consideration or returned to the applicant with a refund of their application fee. Individuals in this category would be welcome to reapply. The result would be that the backlog will stop growing and actually start to come down.

This flexibility in managing the backlog would accomplish three things. It would help reduce the backlog and ensure that immigrants have the jobs they need to succeed and allow our country to continue to grow and prosper.

Once these changes are implemented, the immigration backlog will stop growing and will begin to decrease the long lineup waiting news on entry to Canada through other important measures our government is taking.

Among other things we have committed over $109 million over five years to bring down the backlog.

Other steps that would be taken include: organizing visa officer “SWAT teams” to speed up processing in parts of the world where wait times are the longest; providing additional resources to these busy missions; helping build capacity to meet future levels and increasing demand; and coding applications in the existing backlog with the appropriate national occupational classification code and destination province where they are requesting to reside, so applicants with the skills we need can be referred to provinces for possible selection by provincial nominee programs.

Part 6 of Bill C-50, when combined with these non-legislative measures funded in budget 2008 and beyond, would act to control and reduce the backlog and speed up processing. Because immigration is so important to Canada's future, we need a modern and renewed vision for immigration.

These proposed changes are part of a vision that involves creating a more responsive immigration system, one that allows us to welcome more immigrants while helping them get the jobs they need and building better lives for themselves and their families, because their success is our success.

Urgent action is required. Part 6 of Bill C-50 and all of budget 2008 would deliver this much needed action.

I end by expressing my gratitude to my colleagues opposite in the Liberal Party who have so graciously helped our Conservative government ensure speedy passage of our budget legislation through the House. I am pleased the Liberal Party supports our proposed immigration measures and budget 2008. I am pleased the Liberal Party recognizes that budget 2008 and Bill C-50 are full of positive measures for all Canadians, those present now and those soon to be here as well.

I encourage all members of the House, especially my colleagues in the Liberal Party, to defeat these detrimental amendments to Bill C-50 and continue to work toward its speedy passage unamended.

Citizenship and Immigration

[Diane Finley, Conservative, Minister of Citizenship and Immigration]

Mr. Speaker, yesterday the subcommittee, which is opposition dominated, met and mysteriously, for no apparent reason, Bill C-17 is no longer on Monday's agenda.

I think the opposition members on that committee should explain to these stakeholders, and indeed to all Canadians, why the protection of vulnerable women and children is not a priority for them. I can assure members that it is a priority for our government.

[David Sweet, Conservative, Ancaster—Dundas—Flamborough—Westdale, ON]

Mr. Speaker, stakeholders such as The Future Group, Stop the Trafficking Coalition and The Salvation Army believe that Bill C-17 is important legislation to help further combat the plague of human trafficking and the exploitation of women.

Could the Minister of Citizenship and Immigration please comment on why stakeholders who had confirmed their appearance on Monday before the committee have now been told they are no longer welcome to appear before the citizenship and immigration committee, and why Bill C-17 is no longer on Monday's agenda?

Status of Women

[Olivia Chow, NDP, Trinity—Spadina, ON]

Mr. Speaker, anyone who has read the book The Natashas: Inside the New Global Sex Trade by Victor Malarek is probably horrified by the amount of sex trafficking and sex slavery occurring right now in the world.

We often talk about sex slaves and trafficking, but somehow our country treats these individuals as criminals rather than people in need of protection. The only provisions in the current law relating to trafficking serve to criminalize trafficking and to favour the detention of trafficked persons. There is nothing in the law to protect the human rights of trafficked persons.

It was mentioned today that women and children are trafficked most often, although trafficking is not kept strictly to women and children. Children are most in need of protection. We need special measures to reflect their vulnerabilities and needs.

We know that persons involved in the sex trade often feel a real sense of shame. They have not been given any choice in this. They often need some time in a secure environment to recover and reflect on what they are going to do next. That is why a proposal must include a provision for immediate temporary protection, which cannot be discretionary.

Certainly some people choose to return to their home country. However, for some trafficked persons, returning home would involve significant hardship. They may feel stigmatized in their home country, especially if they were involved in sex work. They may fear retribution from the traffickers, who may still be in their village. They may be at risk of being forced into a new trafficking situation. Because they have been trafficked, they may have lost their ability to make choices about their lives. That is why asking them to make a choice in a very short period of time is difficult.

The only place in the present Immigration and Refugee Protection Act where trafficked people are mentioned in is in the regulation which includes having been trafficked as a factor in favour of detention, including children. There is nothing in the law to specifically protect the rights of trafficked persons.

With the recent change in 2006, there is a temporary protection permit. This permit can be extended to 180 days, but the problem with this process is that the individual is not allowed to apply in Canada in a permanent way. People need to have an alternative presented to them. They need to know that they have the choice to remain as permanent residents. We need to find ways to protect these people. Why? We need to protect them because they are at their most vulnerable.

There are factors that need to be taken into account when deciding whether there are reasonable grounds for people who have been trafficked to stay in Canada. We need to look at their allegations. We need to look at the facts about their arrival in Canada. Perhaps we could look at representations from credible non-governmental organizations that believe these people have been trafficked. We need to offer protection, alternatives, choice and hope for these people.

In the case of a child, the immigration officer should be responsible for making sure that the child is placed immediately under the protection of child protection services and has access to necessary services, including counselling. That is critically important. These children have to recover. If they do not get counselling, they are often at a loss in regard to what to do. The counselling component is extremely important. The temporary permit should be extended to six months. Or if the circumstances warrant it, they should be allowed to stay in Canada.

When the enforcement officers are interviewing these women or children, I think it is important that we have guidelines to make sure these officers do the interviews in the most sensitive manner. Hopefully we could also include the guideline that people can be accompanied by a representative of a non-governmental organization so there is an advocate working for these people if they so wish, so there is a helping hand, a person they can lean on and who knows and understands what they are going through. Therefore, training is important and having an advocate is also very important.

The other aspect is permanent protection, which is done so these people will not be at risk of being re-trafficked. In Mr. Malarek's book, we find situations where people are returned to their home village or country only to be scooped up again by people who are preying on the most vulnerable in those villages or small towns, and thus they again end up in the sex trade.

There needs to be psychological support, as I have said. As well, we need to make sure that a safe house, for example, will be made available to them. We know they need to have housing support. That is an aspect that has to be developed, expanded and funded.

The people who have been trafficked should be exempt from all fees, not just the application fees but also the right of permanent residence fees. They could be seen as protected persons. That law also has to be changed, because right now this is not the case. Women who have suffered from violence still have to pay the application and landing fees, but often these people are totally destitute and do not have the financial means. They are also very fearful.

We have to change the family reunification class so that trafficked persons will have the right to include family members, both inside and outside Canada, as protected persons, so if they have children they may be able to bring the children into the country.

In terms of the Immigration and Refugee Protection Act, we also need to amend section 133 to protect trafficked persons from prosecution for offences related to entry into Canada. If we do not do so, they would be too fearful to come forward, and any laws we put in place would defeat their own purpose. Currently we allow refugees to stay in Canada even though they may have an offence related to the way they came into the country. This amendment is critically important.

There is also an important amendment to the regulations, part 245 in the immigration act, which is flight risk, and also one to part 249, “Special considerations for minor children” to remove reference to a trafficking connection as a factor in favour of detention.

If we do not do those kinds of things and if we do not amend the Immigration and Refugee Protection Act, we will have just what we are seeing now. We had an instance of this in the summer of 2007. Because all the rules and regulations that were changed in May 2006 are discretionary, they are sometimes not offered to a trafficked person. They impose an unreasonable burden of proof on that person. The mandatory involvement of law enforcement agencies ends up deterring some of these victims from applying.

Despite the introduction of the guidelines, we heard in summer 2007 about a woman who was apprehended at the U.S.-Canada border despite being identified by Canadian officials as a victim of trafficking. She was never offered a temporary resident permit. She was held in detention and was deported before she was able to meet with a lawyer. This was an instance where we could have helped that person, but we lost that opportunity because we had not made the proper amendments to the Immigration and Refugee Protection Act.

The only bill that is front of the immigration committee right now is Bill C-17. Bill C-17 does not offer all of those changes. It does not deal with the problems that have been identified. We absolutely have to make those changes right now. It needs to be seen as a priority so we can send a clear signal that a permanent policy is in place to offer protection to trafficked persons.

Also, with regard to overseas, an immigration operations manual has been in the works for two years and is still not finished. It is called IP9 and what it actually does is go after the so-called consultants. Really, they are the recruiters. They are the people who are bringing women and children across the border into the sex trade in an illegal manner. They need to be punished. They need to be charged, but right now there is no operations manual to instruct the immigration officer to be on the lookout for such recruiters and unscrupulous consultants.

On average, each year we have 110,000 foreign workers coming into the country. Some are recruited by these unscrupulous consultants and yet the Canadian Immigration Center has one secretariat and one part time person who has no power because that person is under the Canadian immigration department rather than the Canada Border Services Agency. So far we have not seen one person charged, convicted or jailed as a person involved in trafficking.

Therefore, the message we are sending is not very clear. We talk about punishing those who are involved in trafficking, yet our overseas officers do not have enough instruction and there is not enough training for them. In Canada, there is no coordination. It is not clear whether it is the immigration department, RCMP, CSIS or CBSA that is really in charge. That small secretariat with one part time person cannot do all the jobs that need to be done. There is no clear line of reporting. Of all the cases filed and all the complaints, hardly any have gone to court so far, and there have been no convictions whatsoever.

In looking at this situation, not only do we need to protect the people who are in Canada, but we also have to deal with the overseas immigration offices and the embassies to stop this at the source. We need to make sure the immigration officers know to whom to report. We need to make sure that charges are laid so there will be clear convictions.

I talked briefly about the need for safe houses and secure housing. We have heard of situations where women want to leave an exploitive situation but cannot find a safe haven. They do not have access to advocates who can support them because a lot of sexual assault units are not properly funded.

In downtown Toronto, for example, there are agencies helping young street people and yet they have no permanent funding. It goes from year to year. They do not have enough funds to provide the counselling, the advocacy for these sex slave victims.

Members of Parliament who are interested in knowing more about this issue can go to the website, trafficking.ca, which was put forward by the Canadian Council of Refugees. It contains a lot of information. It gives a definition of trafficking and provides recommendations. Round table discussions have been held across the country. There are very specific legislative bills that we can act on right now that could remedy the situation. I hope that we can take immediate action and not necessarily wait until the Olympics come to Canada.

[Joy Smith, Conservative, Kildonan—St. Paul, MB]

Mr. Speaker, I commend my colleague from London—Fanshawe for once again bringing this motion on the issue of human trafficking to the House.

Human trafficking has become a big issue in Canada. After two attempts to get this issue to the status of women committee, I finally got it there. I must commend my colleague for being a part of that committee and getting on the human trafficking issue.

The Government of Canada takes this issue seriously and is taking real action to address this horrendous crime. Several initiatives have already taken place. It is hard to get a hold on the crime of human trafficking. Things need to be put in place quickly to help the victims and our government has done just that. We have taken quick action to implement laws and programs that are helpful to the victims.

In 2007, the Minister of Citizenship and Immigration announced changes to the guidelines for immigration officers to help victims escape the influence of traffickers. The new guidelines extend the length of the temporary resident permit, or TRP, for which victims are eligible from 120 days to 180 days. In individual cases it can be extended beyond that.

With respect to our actions on improving the guidelines to help victims of human trafficking, the president of the Canadian Council for Refugees said:

These measures mean that the government will begin to treat trafficked persons, often women and children, as victims of a crime, rather than as people who should be detained and deported. Like many other organizations, the CCR has been calling for this policy change for several years – we are very pleased....

I must commend members on all sides of this House who have worked hard with our government to ensure that action was taken very quickly.

We have also introduced legislation to help prevent the potential exploitation and abuse of foreign nationals seeking to work in Canada. Bill C-17, which is in committee right now, would help prevent the sexual exploitation and abuse of foreign nationals seeking to work in Canada. It would also address an important gap that currently exists in the Immigration and Refugee Protection Act.

The proposed amendments in Bill C-17 would give the Minister of Citizenship and Immigration the authority to instruct immigration officers to deny work permits to individuals who might be at risk of exploitation or abuse should they enter Canada.

Why is that so important? It is important because our law enforcement and NGOs are beginning to understand how easily it is for innocent victims to be trafficked into Canada. As the member for London—Fanshawe said, traffickers become friendly with girls travelling alone. They will convince her that she can have a new life in Canada. They show her how she can get through customs and often the perpetrator is going through customs at the very same time.

The training video for RCMP officers on the human trafficking issue shows how this happens. I was at an event last night where the RCMP video was shown. People need to understand the nature of human trafficking and what happens to these women. Border guards need to be trained and alert. They need to wonder why a girl is travelling alone. They need to ask her questions and listen very carefully to her answers.

Bill C-17 would provide a window for protecting the most vulnerable young men and women. People think it is only women but it is not. Without the authority in Bill C-17, our immigration officers are not able to deny a work permit to someone meeting all the requirements to enter the country, even if they believe there is a strong possibility of exploitation and abuse.

The fact is that a gap exists where people can supposedly meet all the requirements but red flags should go up all over the place when a girl is alone. One must wonder why she cannot answer the questions in quite the way she should.

With respect to Bill C-17, we have strong support from various stakeholders because they have experience working with trafficked people and they know the gap was there, which was frustrating.

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.

I would dare say that members on both sides of the House are very concerned about this issue and are very aware that it is a growing issue. They have made a number of recommendations as outlined in the report from the Status of Women to ensure that this human trafficking issue is stopped.

The Salvation Army has worked very extensively with trafficked women and children. Christine MacMillan, the 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.

As was John Muise, director of public safety for the Canadian Centre of Abuse Awareness, said, “Bill C-17 is part of the response that needs to occur in protecting women and children in the country”.

It goes on and on.

The member for London—Fanshawe mentioned another important point. She talked about the 2010 Olympics. As is well-known, sporting arenas or any big events that occur in any country are often magnets for human traffickers to set up shop and to make as much money as they can off the backs of innocent victims.

I know ministers throughout our government have met, continue to meet and are taking specific action across all ministries to ensure the educational component is in so the public is aware of human trafficking. They are also in the process of implementing initiatives. As the member for Kildonan—St. Paul, I have been very concerned about the 2010 Olympics. It is something that we on the committee for the Status of Women talked about. I dare say that it is something our government is extremely concerned about and is taking concrete action to ensure vulnerable citizens and people from inside and outside of our country are protected.

Also, Bill C-2, which is sitting in the Senate right now, addresses a myriad of crime issues. It would help to put laws in place in Canada to suppress criminals who exploit children, the age of consent being one of those laws. This side of the House has been trying for a long time to raise the age of consent and the bill is still sitting in the Senate. I hear, to my dismay, that about 59 witnesses have been lined up. I am really suspect of the number of witnesses required to get this very important bill through. The age of consent has been in the House for such a long time and was finally put into Bill C-2 and now it is being held up in the Senate.

When we talk in the House about stopping the crimes against vulnerable victims, this is the concrete kind of action that needs to be taken. We need to pass Bill C-2 to ensure the laws of the land are in place to protect our most vulnerable citizens. We need to ensure that Bill C-17 is passed and in place, so border guards and patrols, NGOs and people who work at the borders can spot these vulnerable citizens who come through. We need a tool to use to ensure we can do something in a concrete way and protect these people.

We know human trafficking occurs in Canada. We have studied it and we know about the severity of the situation.

I commend the ministers in our government who have taken this issue extremely seriously. I also commend the members in the House who take this issue very seriously as well.

I caution that we should work together and support this. We can stand in the House and say that we need tougher laws, but when Bill C-2 is stopped in the Senate, we cannot get age of consent on the books as a law of Canada. It means that what is said in the House is not carried through.

We need to ensure that everything is done. Bill C-2 needs to be passed. The age of consent has to be raised. It helps innocent victims, not only the ones who are being trafficked but the young girls who are being sexually exploited. They go to court and because they are a certain age, they are up against older adults who can intimidate them. There is no law in Canada that raises the age of consent. If they are 14 right now and if a lawyer is skilful enough, he can prove it is was consensual sex.

We can do some very concrete things right now. Every one in the House of Commons can support the kinds of things that need to be done by allowing the things to go through in a timely manner and to ensure we also work together for additional support for our most vulnerable citizens, our youth.

The educational component of human trafficking is of paramount importance. If we can as Parliament stand up for the right laws, work together and ensure that Bills C-2 and C-17 are passed, that is a good start.

The educational component for the Olympics is already being talked about as well as other things.

I call on all members in the House to work together. I think we are all on the right page in many respects. We have to put our partisan differences aside and we have to work together.

I commend the member for London—Fanshawe for her interest, her support and for what she has brought forward this morning. However, I caution that the partisan issues need to be set aside. We need to get Bills C-2 and C-17 passed as laws in Canada. Then we have to continue to work, as we all are right now, on the human trafficking issue. It is very serious.

Human Trafficking

[Ed Komarnicki, Conservative, Parliamentary Secretary to the Minister of Citizenship and Immigration]

Mr. Speaker, our government is taking real action to address human trafficking and to prevent the exploitation of women and children.

We have taken several initiatives, including a series of changes to the immigration guidelines that would address the unique needs of victims of human trafficking.

Yesterday, we reintroduced Bill C-17, legislation to help prevent the exploitation and abuse of foreign nationals seeking to work in Canada.

I would urge all members of the House to put aside their partisan ways, to do the right thing, get behind Bill C-17 and support it.

Immigration and Refugee Protection Act

[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)