An Act to amend the Immigration and Refugee Protection Act (coming into force of sections 110, 111 and 171)

This bill is from the 40th Parliament, 2nd session, which ended in December 2009.

Sponsor

Thierry St-Cyr  Bloc

Introduced as a private member’s bill. (These don’t often become law.)

Status

Defeated, as of Dec. 10, 2009
(This bill did not become law.)

Similar bills

C-280 (39th Parliament, 2nd session) An Act to Amend the Immigration and Refugee Protection Act (coming into force of sections 110, 111 and 171)
C-280 (39th Parliament, 1st session) An Act to Amend the Immigration and Refugee Protection Act (coming into force of sections 110, 111 and 171)

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-291s:

C-291 (2022) Law An Act to amend the Criminal Code and to make consequential amendments to other Acts (child sexual abuse and exploitation material)
C-291 (2021) An Act to amend the Immigration and Refugee Protection Act
C-291 (2016) An Act to amend the Food and Drugs Act (genetically modified food)
C-291 (2011) An Act to amend the Employment Insurance Act (waiting period and maximum special benefits)
C-291 (2006) An Act to amend the Criminal Code (injuring or causing the death of a child before or during its birth while committing an offence)
C-291 (2004) An Act to amend the Criminal Code (weapons trafficking)

Votes

Dec. 10, 2009 Failed That the Bill be now read a third time and do pass.
April 22, 2009 Passed That the Bill be now read a second time and referred to the Standing Committee on Citizenship and Immigration.

Immigration and Refugee Protection ActPrivate Members' Business

December 2nd, 2009 / 6:40 p.m.

Conservative

Terence Young Conservative Oakville, ON

Mr. Speaker, I am pleased to have this opportunity to speak on Bill C-291.

Hon. members of this House are well aware that this government is a strong advocate and supporter of the humanitarian dimension of our immigration program. I think every member of this Parliament meets with constituents or advocates for refugees who are working to assist people with a legitimate need for asylum on our shores, and we hear some very sad stories. I regularly give thanks that I was born in Canada.

Every year we welcome almost a quarter of a million permanent new residents, who embrace our values of freedom, democracy, human rights and the rule of law. This government has welcomed the highest number of people to Canada ever in our history, including refugees and students. Among them are thousands of refugees attracted by our values and a chance to start a new life. Most of these refugees will become citizens and enjoy, for the first time, freedom of speech, the freedom to vote and run for public office, the right to criticize governments, the right to join a union and engage in collective bargaining, the freedom to move anywhere they want in Canada, the right to equal treatment before the law in a fair trial, and a freedom that we often forget about, the right to have a family with more than one child if they so choose, a right not available everywhere in the world today.

Since this government came to office in 2006, we have accepted more than 51,000 refugees from around the world. In fact, Canada is one of the top three countries in the western world in terms of the number of refugees it accepts for resettlement. The welcome we extend has given us an international reputation as a champion of human dignity. As a member of Parliament, I am proud of that and we all should be, but we are growing increasingly concerned about the abuse of our asylum system.

As my hon. colleagues have heard, between 2006 and 2008, there was a 60% increase in the number of refugee claims filed in Canada. The growing backlog in claims reached 61,000 at the end of June. It is only responsible to manage that backlog to ensure that those who are in true need of asylum go to the front of the line.

The government inherited about one-third of that backlog when it took office. Roughly another third is a result of the transition to a merit-based appointment system, which resulted in delays of appointments of members to the Immigration and Refugee Board of Canada, but which now stands at 98% capacity in terms of the number of board members. Another one-third of the backlog is the result of the growth in claims. Even at full capacity, the Immigration and Refugee Board of Canada can only handle 25,000 asylum claims a year. Last year we had 37,000 asylum claims. Clearly at this rate the backlog will just continue to grow, and so will wait times.

Almost one in four asylum claims Canada received last year were from Mexico, yet the Immigration and Refugee Board, with its high standards of fairness, accepted only 11% of those claims. It is not fair to make legitimate refugees wait due to systematic problems that we should be fixing. In fact, in some cases it is downright dangerous for those asylum-seekers to make them wait, while others are trying to immigrate with dubious claims.

A large number of the current asylum claimants are not in need of Canada's protection. Yet as it currently stands, an individual who is determined to play the system can stay in Canada for years while he or she works through the multiple recourses available to a failed refugee claimant and while our acceptance rate is one of the highest in the world. Some do so while working in Canada, while others rely on social assistance. This delay fundamentally undermines the fairness of our immigration system by allowing failed refugee claimants to remain in Canada for many years, in some cases for over six years, and often at taxpayers' expense.

I am pleased to report that since we began requiring visitors from Mexico and the Czech Republic to first obtain a visa, the number of refugee claims from those two countries has slowed to a trickle. In the almost three months since the visa requirement took effect, there have been only 16 refugee claims at ports of entry from Czech nationals, compared with 831 claims in the same period leading up to the visa imposition. Similarly, in that period, claims at ports of entry from Mexican nationals have fallen significantly from 1,287 in the nearly three months before the announcement down to 35.

Prior to the imposition of visas, Mexican and Czech refugee claims accounted for almost 50% of the total number of claims made at Canadian ports of entry. What does that tell parliamentarians? It tells us that the vast majority of these people from the Czech Republic and Mexico were probably so-called economic refugees, people who should be applying to immigrate to Canada in the normal way.

We have managed to stem the tide of refugee claims with visas on Mexico and the Czech Republic. However, I think we can all agree that visas are a blunt instrument and not the ideal solution.

We need to reform the asylum system. Too much of our time is spent on processing applications from people who are not in need of protection and whose claims are ultimately refused.

I think most MPs have constituents in their riding offices, as I do, some in tears, who simply want family members to visit for a wedding or an anniversary, but who are experiencing delays in getting visas. They suffer because others have abused the system.

We have repeatedly articulated why we do not support private member's Bill C-291, which would establish a refugee appeals division, as outlined in the Immigration and Refugee Protection Act. Asylum claimants already benefit from multiple avenues of recourse, including seeking leave from the Federal Court, and pre-removal risk assessments and applications for permanent residence based on humanitarian and compassionate grounds.

I wish to remind my hon. colleagues that since 2002, no government, Liberal or Conservative, has agreed to implement the refugee appeal division, and for very good reasons. Refugee claimants in Canada are already treated with the utmost procedural fairness. Our current asylum system is already too slow and complex. Adding yet another level of appeal would not only make the process even longer, but it would also result in tens of millions of dollars in ongoing annual costs to the federal and provincial governments.

An appeals division would cause further delays, with no different outcome in most cases, I strongly suspect, as immigration consultants and lawyers would stay busy grasping at an additional paper review for the chance, however slim, of a different outcome. It is unfair to their clients, unfair to those waiting to be heard, and unfair to Canadians.

While I appreciate the member's motivation behind this bill, the latter is unworkable. What we have been advocating instead is reform of the asylum system. With a streamlined system, we could include a full appeal that would allow for the introduction of new evidence, not simply a paper review of a decision made at the refugee protection division, as suggested in the private member's bill.

The refugee appeals division, as envisioned in this private member's bill, would not improve the refugee determination system. In fact, it would make the system worse. If adopted, the proposed legislation would weaken, if not cripple, our current system. The implementation of an appeal would only be possible in a streamlined and simplified system.

My colleagues opposite are well aware of the government's position on Bill C-291 and know that our position has not changed. I strongly urge the opposition to consider the comments already made by the government during this debate. We support strong and effective protection for refugees, but this is not it.

Immigration and Refugee Protection ActPrivate Members' Business

December 2nd, 2009 / 6:45 p.m.

NDP

Jim Maloway NDP Elmwood—Transcona, MB

Mr. Speaker, I am very pleased to rise and speak to Bill C-291 today. I think that if the viewing public had been with us for the last hour, they must be shaking their heads by now, having listened to the speeches that have enumerated and outlined the history of this particular piece of legislation.

This is an act to amend the Immigration and Refugee Protection Act with regard to the coming into force of sections 110, 111 and 171. Those three sections deal with the refugee appeal division. Clearly, Parliaments past have debated this legislation, have passed this legislation, have sent it off to the Senate, and it is only the multiple elections that we have had that have thrown us back to where we have to deal with it again.

Contrary to what the Conservative member just said, the fact of the matter is that there was good thought put into these provisions. They went through various committees. They were deemed to be proper, intelligent measures. So the issue then is why, since 2001, 2002, do we still not have this appeal division? Why is it not there?

The Immigration and Refugee Protection Act approved by Parliament in 2001 created the refugee appeal division. In 2002 the government implemented the act but not the sections that give the refugee claimants the right to appeal.

As a result, refugee claimants in Canada have been denied the appeal that Parliament granted them in the Immigration and Refugee Protection Act. Instead, their fate is determined by a single decision maker. I will deal with that issue in a couple of minutes.

To correct this injustice, the last Parliament voted to force the implementation of the refugee appeal division; however, the bill did not become law because the House was not able to approve the Senate's amendments before the 2008 election was called. It has been through the entire process.

When we talk about the fate of refugees being decided by a single decision maker, that is a big part of the problem. One of the previous speakers talked about how 15 years ago there were actually three people involved, and then it was changed in 2001 to two people, and subsequently down to one.

If we look at the speeches of some of the other members who have spoken on this bill, we will see why and how having one person making the decision is not a good idea, particularly because the people appointed to the refugee board are political appointments.

The Conservatives are now sitting comfortably over on the government benches, but when the Liberals were in power and making political appointments to refugee boards, they were regaling themselves, exposing some of the activities of some of the Liberal appointees. The Liberals were appointing totally unqualified people, defeated candidates, friends of friends, and putting them on the refugee appeal board. It became a big joke, showing favouritism. The Conservatives, who were then in opposition, were raising a storm over this, and well they should have.

Now that the shoe is on the other foot and they are now the government, well, rather than change that system, what have they done? They have simply fallen into the same old trap, as did the same old Liberal government for the 13 years before that, and more or less the major part of 100 years before that. They appointment hacks and flaks to the board, and then they wonder why they get very bad results. We are saying that having one person making the decision is not a very good idea.

As a matter of fact, the mover of the motion, the member for Jeanne-Le Ber from the Bloc, points out a couple of very interesting examples where there was a board member appointed by the minister who had a very questionable past. This gentleman was chief of staff to the former prime minister of Haiti, Jean-Bertrand Aristide. We all remember him as the former president of Haiti and that regime committed many atrocities, and was complicit in major crimes. Here this man was in charge of deciding on refugee appeals for the government. In some cases he was judging people from Haiti.

Certainly, if there were a two-person board, or more than one at least, and then the right of an appeal, it would be added protection so that Conservatives would not get the stories that they were raising a fuss about when the Liberals were in power doing the same thing. It is not fair to Conservatives to put themselves in that situation, making political appointments who then make decisions that in many cases do not make any sense at all.

The sponsor of the bill talks about another case of two people on the refugee appeal board. In one case, Laurier Thibault, in terms of his cases, 98% of them were rejections. If we were to study the people on the refugee appeal board and one member has a 98% rejection rate and then another member has a rejection rate of 98% the other way, it would make us wonder whether that system is operating properly.

I want to refer to the comments made by the member for Trinity—Spadina. I would go over some of the comments made by government members, but they are all just negative. They have made up their minds on the bill and just say they are not interested in making any changes.

However, the member for Trinity--Spadina talked about the Canadian Council for Refugees having documented different examples of how decisions were made in a very inconsistent manner. In one case there were two Palestinian brothers who had the same basis for their refugee claim. One was accepted and the other was refused. The refused brother was deported and these were identical cases.

In another example a person was arrested and detained for two months in Iran. Canada's refugee board concluded that this person was not credible because of inconsistencies and gaps in her evidence. When she told the board she had scars on her body from torture, her testimony was rejected because she had not provided a medical report and it went on to come up with a different conclusion.

The point is that we should not rely on a single person making a judgment when that person is not qualified. I am not going to disqualify individuals because they were defeated Conservative candidates. I am sure there are enough of them out there that a good choice could have been made, but that is not what happens.

In the great Liberal days, the Liberals managed to somehow always find the worst one they could from all their defeated candidates. I am sure there were some Liberal candidates who would have made fine board members and why the Liberals could not pick one of the good ones is beyond me. But they always managed to pick the one that got them into the most trouble. That is certainly a sad history of this particular board. I would hope that we would eventually make the right decision in the House and make this correction that is long overdue.

Immigration and Refugee Protection ActPrivate Members' Business

December 2nd, 2009 / 6:55 p.m.

Bloc

Thierry St-Cyr Bloc Jeanne-Le Ber, QC

Mr. Speaker, as sponsor of this bill, I am pleased to wrap up the debate in this House. In the five minutes I have left, I would like to remind members why I am urging my colleagues to support this important bill.

First, it is a matter of democracy and of having self-respect as parliamentarians. It has been more than eight years since this House passed the reform of the Immigration and Refugee Protection Act, and it has been eight years since the refugee appeal division was provided for in the act. But the Conservative government still refuses to implement it.

It is absurd that we need to pass legislation to validate and enforce an act that we already passed. I think that we all need to muster up some dignity and uphold the supremacy of this House. We must decide that when we pass an act, we are passing an act, and will enforce it to the full.

Second, I believe that there is a clear issue of natural justice in this bill. Throughout our legal system, there are chances to appeal at every level in cases that are often much less dramatic than determining whether or not someone is a refugee. There are multiple levels of appeal in ordinary disputes over fences, but when it comes time to remove someone to a country where he or she could potentially be tortured or killed, we do not even bother to have an appeal division. To my way of thinking, this goes against the principle of natural justice, because even in systems with good judges appointed in a non-partisan way, the possibility that they may make a mistake is acknowledged and appeal mechanisms are put in place.

Imagine what can happen at the Immigration and Refugee Board, where many members are still partisan appointees and results such as 98% rejection rates are disturbing to say the least. When not everyone is a good judge, one can imagine how many more errors there may be than in our courts, where we hope this sort of bias and these sorts of partisan appointments have no place.

I am talking about a principle of natural justice, but, again, there is no chance to appeal. I like having a debate with people who do not share my opinion, but, frankly, I am disappointed in the government's attitude and its attempt to have us believe throughout this entire debate that there are other appeal possibilities. There are not. I have had a chance to review a number of cases and to look at the situation, starting at the time a board member makes a ruling, to applications for leave for judicial review in Federal Court, to pre-removal risk assessment applications. Throughout the process, all the upper levels simply say that the board member has already made a ruling, that they do not believe the story and that they do not have the authority to overturn the ruling. The very courts the government is referring to clearly say that they do not have the authority to overturn these rulings. And yet the government tells us there are opportunities to appeal. This is unacceptable.

Finally, I would like to emphasize the importance of this bill in preserving the integrity of the system. Currently we have some board members who refuse practically every application they receive. On the other end of the spectrum, some are very generous and accept almost everyone. Unfortunately, this causes some illegitimate claimants to apply for refugee status by saying they will play the board member lottery and see if the odds are in their favour. By passing this bill, we will create case law with a possibility of appeal and will therefore decrease the chance that someone will abuse the system because they will know that, in the end, the minister could appeal a decision in their favour if the person is not a true refugee.

In closing, I want to thank everyone who worked on this. I want to thank the hon. member for Vaudreuil-Soulanges for her perseverance, and the hon. member for Laval, who introduced a similar bill in the last Parliament. There are also all the social stakeholders, the Canadian Council for Refugees, the Quebec Table de concertation pour les réfugiés and all the agencies that support this bill. I would like to thank them for all their work.

Immigration and Refugee Protection ActPrivate Members' Business

December 2nd, 2009 / 7 p.m.

The Acting Speaker Barry Devolin

Is the House ready for the question?

Immigration and Refugee Protection ActPrivate Members' Business

December 2nd, 2009 / 7 p.m.

Some hon. members

Question.

Immigration and Refugee Protection ActPrivate Members' Business

December 2nd, 2009 / 7 p.m.

The Acting Speaker Barry Devolin

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

Immigration and Refugee Protection ActPrivate Members' Business

December 2nd, 2009 / 7 p.m.

Some hon. members

Agreed.

No.

Immigration and Refugee Protection ActPrivate Members' Business

December 2nd, 2009 / 7 p.m.

The Acting Speaker Barry Devolin

All those in favour of the motion will please say yea.

Immigration and Refugee Protection ActPrivate Members' Business

December 2nd, 2009 / 7 p.m.

Some hon. members

Yea.

Immigration and Refugee Protection ActPrivate Members' Business

December 2nd, 2009 / 7 p.m.

The Acting Speaker Barry Devolin

All those opposed will please say nay.

Immigration and Refugee Protection ActPrivate Members' Business

December 2nd, 2009 / 7 p.m.

Some hon. members

Nay.

Immigration and Refugee Protection ActPrivate Members' Business

December 2nd, 2009 / 7 p.m.

The Acting Speaker Barry Devolin

In my opinion the yeas have it.

And five or more members having risen:

Pursuant to Standing Order 98, the recorded division stands deferred until Wednesday, December 9, immediately before the time provided for private members' business.

The House resumed from December 2 consideration of the motion that Bill C-291, An Act to amend the Immigration and Refugee Protection Act (coming into force of sections 110, 111 and 171), be read the third time and passed.

Immigration and Refugee Protection ActPrivate Members' Business

December 10th, 2009 / 6:15 p.m.

The Speaker Peter Milliken

Pursuant to order made on Tuesday, December 8, 2009, the House will now proceed to the taking of the deferred recorded division on the motion at third reading stage of Bill C-291 under private members' business.

(The House divided on the motion:)

Vote #157

And the result of the vote having been announced: Yeas: 143; Nays: 143