Bill C-11 (Historical)

Balanced Refugee Reform Act

An Act to amend the Immigration and Refugee Protection Act and the Federal Courts Act

This enactment amends the Immigration and Refugee Protection Act, primarily in respect of the processing of refugee claims referred to the Immigration and Refugee Board. In particular, the enactment
(a) provides for the referral of a refugee claimant to an interview with an Immigration and Refugee Board official, who is to collect information and schedule a hearing before the Refugee Protection Division;
(b) provides that the members of the Refugee Protection Division are appointed in accordance with the Public Service Employment Act;
(c) provides for the coming into force, no more than two years after the day on which the enactment receives royal assent, of the provisions of the Immigration and Refugee Protection Act that permit a claimant to appeal a decision of the Refugee Protection Division to the Refugee Appeal Division;
(d) authorizes the Minister to designate, in accordance with the process and criteria established by the regulations certain countries, parts of countries or classes of nationals;
(e) provides clarification with respect to the type of evidence that may be put before the Refugee Appeal Division and the circumstances in which that Division may hold a hearing;
(f) prohibits a person whose claim for refugee protection has been rejected from applying for a temporary resident permit or applying to the Minister for protection if less than 12 months have passed since their claim was rejected;
(g) authorizes the Minister, in respect of applications for protection, to exempt nationals, or classes of nationals, of a country or part of a country from the 12-month prohibition;
(h) provides clarification with respect to the Minister’s authority to grant permanent resident status or an exemption from any obligations of the Act on humanitarian and compassionate grounds or on public policy grounds;
(i) limits the circumstances in which the Minister may examine requests for permanent resident status or for an exemption from any obligations of the Act on humanitarian and compassionate grounds; and
(j) enacts transitional provisions respecting the processing of pending claims by the Minister or the Immigration and Refugee Board.
The enactment also amends the Federal Courts Act to increase the number of Federal Court judges.

Balanced Refugee Reform Act

[Pierre Paquette, Bloc, Joliette, QC]

Mr. Speaker, I am pleased to speak to Bill C-11, the Balanced Refugee Reform Act.

First, I would note, as have some of my colleagues, that the refugee claim backlog, which has gone from nearly 20,000 in 2006, when the Conservatives came to power, to over 60,000 in 2009, is essentially a product of the delay in appointing immigration board members. The government is therefore primarily responsible for this crisis. Obviously, the appointments that have been made are not entirely to our taste. I am thinking of Pharès Pierre, for example, and his Duvalierist past. He is now an immigration board member, when numerous Haitians in Montreal have made or will be making refugee protection claims or applying as members of the family class. That is extremely disturbing.

It must be pointed out that the bill contains measures that are worthy of consideration, but it also contains disturbing measures. There is good and bad, and because the Bloc Québécois always works scrupulously, it has decided to send this bill to committee. We will therefore be voting in favour of the bill at second reading in spite of the reservations we have. I have to state immediately that we are expecting the minister to make the substance of the underlying regulations for Bill C-11 available to the committee. A lot of things are being introduced in this bill, such as the concept of safe country, that we do not know the concrete meaning of. The Bloc Québécois cannot give unconditional support as long as its questions remain unanswered.

The concept of safe country is in fact one of the items that seems most problematic to us. There will be good refugees, the ones who come from a country where there are flagrant human rights abuses. On the other hand, claimants who come from countries that Canada recognizes as safe, based maybe on purely diplomatic and geopolitical reasons, will be regarded as bogus claimants, even though they may have suffered intimidation and harassment, and even if their personal safety may be endangered. We consider this to be a discriminatory criterion that must be rectified when the bill is examined.

I said that we hope the regulations will be made available to the committee. To us, that is a need that must be met before clause by clause study of the bill. How can we agree to adopting a new concept, such as safe countries, if we do not know the criteria the minister will be applying to draw up that list?

On the other hand, we are quite pleased that the bill finally creates a refugee appeal division, which we have been calling for since 2002. That is almost as long as I have been serving the people of Joliette as their MP, given that I was elected in 2000. As I recall, when the amendments creating the refugee appeal division were passed, Martin Cauchon was the Minister of Immigration. He left this House a long time ago.

[Daniel Paillé, Bloc, Hochelaga, QC]

He'll be back.

[Pierre Paquette, Bloc, Joliette, QC]

We can only hope he will come back, although I doubt the hon. member for Outremont feels the same. My point is that we have been waiting for this measure for nearly eight years. This also explains, in large part, the injustice of the current system, which was never completed. I will come back to this later.

We believe that this notion of safe country is discriminatory, because it means that the refugee claims of individuals from so-called safe countries will not have the right to appeal their cases before this appeal division and will have to take their cases to the Federal Court, as is the case right now. We have already seen all the problems and concerns associated with such a situation. We saw the example this week of the pregnant woman from Guinea who, just a few minutes before she was supposed to board a plane for her deportation, was granted a four-month stay of deportation by the Federal Court.

Since the Appeal Division has not been instituted, they will have to keep going to the Federal Court to make sure that the new evidence her lawyer has uncovered is taken into account and she can get refugee status. In this instance, the lady was more or less fooled by a consultant, who did a poor job of preparing her case. She cannot appeal because the Appeal Division will not come into force until two years after the bill passes.

I want to remind the House that a real appeal procedure for refugee claimants should have been instituted as soon as the Immigration and Refugee Protection Act took effect in June 2002. The Bloc Québécois also had a unanimous motion adopted by the Standing Committee on Citizenship and Immigration on December 14, 2004 asking the Liberal government of the time to immediately institute the Appeal Division.

Despite the adoption of this unanimous motion, the Liberal government did not budge, no more than the ensuing Conservative government. We therefore introduced private member’s bills, including Bill C-280 instituting the Refugee Appeal Division, which was introduced in October 2006.

We were back at it in February 2009 with Bill C-291. It is very sad that the bill was defeated by a single vote, 142 to 143. If it had not been for the notable absence of several Liberals, the bill would have passed easily. I hope they are asking themselves some serious questions in the Liberal Party. Is there really any difference between the Conservative government and the opposition? For my part, I do not think so. I like to say they are like two peas in a pod, but it is not very funny.

If not for the cowardice of certain Liberal members, the Bloc bill would have passed. We are glad all the same to see in Bill C-11 that the Refugee Appeal Division is finally being implemented. Once again, though, we think it is appalling that some refugee claimants will be precluded from the Appeal Division because of the distinction the bill draws between safe and unsafe countries. I think this is discrimination. We will ensure, therefore, that the witnesses who appear before the committee do what they can to enlighten the government and the members of all parties so that this regrettable situation is corrected.

In addition, the minister is playing with words when he says that the claims from people from safe countries will be expedited. The procedure will certainly be accelerated, but only because these claimants will be precluded from any recourse to the Appeal Division. As soon as the immigration official makes his decision, these claimants will be accepted as refugees or will have to leave, unless they take their case to the Federal Court. We will certainly take issue with this.

What concerns me the most is the fact that the bill gives the minister the legal authority to designate safe countries of origin. According to the government, safe countries of origin generally do not produce refugees, have a good human rights record, and protect their citizens well.

Sometimes, even in countries that are relatively democratic, people can be harassed or have their lives threatened because of their sexual orientation, gender or religion.

For all these reasons, we will vote in favour of Bill C-11 at second reading in order to study it in committee. I remind the House once again that we want to see the regulations before proceeding to clause by clause study of the bill.

[Thierry St-Cyr, Bloc, Jeanne-Le Ber, QC]

Mr. Speaker, I would like to thank my colleague for his excellent speech. People have a lot to say about the provisions concerning so-called safe countries. Many lawyers have said that if their clients are denied the opportunity to appeal a decision before the Federal Court, they could argue in court that their clients were discriminated against because they were granted fewer rights based on their country of origin.

People may choose to appeal decisions before the Federal Court to avoid going through the refugee appeal division. But dealing with appeals in a simpler system would cost less and be more efficient than dealing with them in the Federal Court.

Is my colleague as concerned as I am that the minister will end up with a system that is just as costly and complex as the one in place now? It would be easier to forget about the safe countries provision.

[Pierre Paquette, Bloc, Joliette, QC]

Mr. Speaker, I would like to thank the member for Jeanne-Le Ber for his question as well as his work on this file. He is doing an extraordinary job and it shows in his comments and the results he gets.

He is absolutely right. By creating a distinction between so-called safe countries and other countries which, by definition, would not be designated as safe, we will create a bureaucratic maze in which the appeal division would only hear one type of refugee.

We obviously support the goals behind creating an appeal division. In fact, we have introduced a number of bills, the latest by the member for Jeanne-Le Ber, but the anticipated benefits of the reform will be lacking. We feel that a simpler solution would be to increase the number of board members and ensure that the appeal division hears all of the refugee status claims.

Once again, well done to the member for Jeanne-Le Ber.

[Malcolm Allen, NDP, Welland, ON]

Mr. Speaker, my colleague's comments are extremely enlightening.

The riding of Welland is very close to Fort Erie, which is one of the biggest entry points for folks who are claiming refugee and asylum status. We have some folks who do a great deal of work on behalf of those claimants. They do great work on the ground. They sent me a letter the other day expressing their concerns. My hon. colleague has already asked a question about country of safe origin, which they have also raised. However, they also talk about the hearings being expedited in such a fashion that is so fast. In cases of sexual orientation and women who face sexual assault, they need time to build trust. That is what they have seen on the ground.

The group from Welland has been dealing with cases of refugee and asylum seekers for more than 45 years. It understands the needs of those refugees and asylum seekers. What it is saying today is that we need to ensure there is enough time.

Could my colleague comment on the fact that, yes, we want a system that is appropriately quick enough, but it needs to be flexible enough for those folks who do not fit inside that really tight timeline? They need to have the ability to talk and get their position out so a decent decision can be made? People need to understand the hardship they might face if they are deported?

[Pierre Paquette, Bloc, Joliette, QC]

Mr. Speaker, I would like to thank the member for this question because, in my 10 minutes, I was not able to talk about all of the problematic elements in Bill C-11.

I spoke about the distinction between safe countries and the other countries, but there is also the problem of timing. It is obvious that it would be unrealistic to hold an initial hearing eight days after a person claims refugee status.

The member gave the example of woman arriving in Canada who had been a victim of sexual assault. Her world will have been turned upside down. Eight days would not be enough time for her to find a lawyer and build her case. As well, like others claiming refugee status, she may have had to leave her country of origin without the necessary documentation, if she ever had it, to make her claim.

There is absolutely no way that this eight day timeline can stay in the bill. We intend to propose amendments to make this timeline more realistic. As the member said, this timeline would not be workable on the ground.

[Niki Ashton, NDP, Churchill, MB]

Mr. Speaker, it is an honour to stand in the House and speak to Bill C-11, known as the refugee reform bill.

I echo the message of my colleagues in the New Democratic Party and other colleagues in the House, who call for the bill to be returned to committee. Amendments need to be made to the bill to truly deal with the issue at hand. The NDP hopes that the legislation will create a fair and fast process when it comes to admitting refugees to our country and when it comes to upholding Canada's tradition of being known as a country of refuge for people who suffer a great deal in many parts of the world.

This is an important issue for me to discuss. I am the daughter of immigrants. My dad came from Britain and my mom came from Greece. They came to Canada, like so many others, for a better future for their children.

We recognize that the experience of people who come to Canada as refugees is one of even greater intensity in the sense that they have had to leave their home country, many of them in a hurry, to escape strife, whether due to war, famine, persecution, or whatever it might have been.

I grew up in Thompson, Manitoba, which was built by first nations as well as newcomers to Canada. Many of those newcomers came as refugees from countries around the world in order to help build my community and to build the diverse communities of which Canadians are so proud.

I would also like to note that this issue is of particular importance to me, given the upfront work that I did as part of Welcome Place. Years ago, while I was going to university, I had the chance to work with a very innovative organization in Winnipeg, Manitoba that provided services for refugees. It also facilitated bringing refugees over from the countries in which they were suffering. This organization connected them with their families and with faith groups that were willing to sponsor them. It truly provided that link.

I cannot tell members how many emotionally charged discussions I have had with family members and with people who had come over to Canada as refugees just recently. I had an upfront look at the challenges these individuals faced when they entered the system. I also saw the hope that they brought to Canada, a country that they know as being welcoming and open to diversity and aware of the role they can play in our country.

That is why I am so concerned about the bill before us.

We have talked a great deal over the years about the need to reform the refugee claimant system, the system by which they come to Canada. We are aware of the way the Liberal government hacked away at the system of supports, which contributed to the immense backlog of applicants.

We know more recently of the Conservative government's failure to appoint people to the Immigration and Refugee Board to deal with the backlog in a timely manner.

This legislation is an attempt to deal with a problem that is essentially built on the past neglect of the Liberal government. The NDP has many concerns about it.

One concern that has been made so clear is the reference to the judgment of safe countries, the idea that we would designate certain countries as being safer than others, looking at refugees on a group level rather than an individual level.

As has been raised in the House on many occasions by my colleagues, we need to recognize that kind of criteria overlooks some of the kinds of persecution some people seek to escape from around the world. Specifically, one example would be the gender based persecution. For example, a woman might come from a country that might overall be considered safe and we might overlook the fact that she has been a victim of tremendous gender based violence.

I go back to the idea that treating claimants differently based on their country of origin is essentially discriminatory. We have heard from many people, third parties, intricately involved in the refugee system. They say that the refugee determination process requires individual assessment of each case and not group judgments.

Another example of persecution that is overlooked as a result of these kinds of group judgments is persecution based on sexual orientation and the homophobia that exists in so many countries. We benefit from the laws and the rights that we fought for in our country. However, we know that while other countries around the world might adhere to certain human rights, in many cases there is great disrespect and in fact persecution of people based on their sexual identity. That would be overlooked in making these kind of group judgments.

A denial of these fair processes to claimants, looking at them on an individual basis, may lead to their forced return to persecution, which is in violation of human rights law. Not only would we be making these kinds of rules, but we would be returning people, who are seeking refuge in our country, to face the exact persecution that Canadians do not accept.

This area causes great concern for us. We would like to see amendments that would counteract these kinds of measures.

Another area in Bill C-11 that we feel is inadequate is it does little to address the problem of unscrupulous immigration consultants. Former Immigration and Refugee Board chair, Peter Showler, believes the expedited timelines will actually drive more refugees to these kinds of consultants.

Whether people are seeking immigration status or refugee status, which in many cases is the most urgent, some immigration consultants undertake the most unethical of jobs and prey on the vulnerability of those people who seek only to have a better life and seek only to come to Canada through the system. People are already frustrated with the existing timelines, but the bill does nothing to correct that. In fact, if anything, the timelines would be extended.

It is important to note that the bill has some merits in terms of establishing an appeal process for some refugee claimants, something for which we have been calling. We recognize that to be important.

We see more funding for the refugee board to clear the backlog. Much of the increased funding will be given to the CBSA to remove the failed claimants and to appoint judges. The NDP would prefer to see more funding given to hire permanent refugee protection officers to clear that backlog.

In my work with Immigration Canada, not in the refugee division but in more general immigration, it was clear the extent to which there was an increased burden on immigration officials. They were finding it difficult to deal with the demands made on the Canadian system. The solution is not to cut back. If anything, we do not need the quotas that we set for immigration. The solution is to look in part at hiring people who would do this kind of job to alleviate the work of those around them in the department and also to assist in this area more specifically.

New Democrats believe the refugee determination process again should be both fast and fair. We believe—

[The Deputy Speaker, Andrew Scheer]

Questions and comments, the hon. member for Jeanne-Le Ber.

[Thierry St-Cyr, Bloc, Jeanne-Le Ber, QC]

Mr. Speaker, I was so close to my colleague that I could hear the end of her speech even though her microphone had been turned off. That is the advantage of being in this corner of the House.

My colleague spoke at length about safe countries in terms of the problem of respecting rights. We wonder why some foreign nationals would have different rights than others based on their country of origin.

This issue of safe countries poses another problem. We are not convinced, or at least I am not, that this will save time. Instead of appealing to the refugee appeal division, lawyers may well appeal to the Federal Court, arguing that this measure is discriminatory and prevents them from properly defending the rights of their clients.

In my opinion, it will end up taking more money, time and energy to have a series of challenges before the Federal Court, which is very cumbersome and difficult to run. It would be more effective and more fair to allow appeals to be heard from the outset by the refugee appeal division being proposed in the bill.

I would like to know whether the hon. member shares my opinion on this.

[Niki Ashton, NDP, Churchill, MB]

Mr. Speaker, I want to acknowledge the hard work done by my Bloc Québécois colleague with respect to the admission of refugees and immigrants to Canada. I want to acknowledge the way he and hon. members from the opposition parties are trying to propose amendments. They are truly trying to come up with solutions and measures that will improve this type of bill.

Whether we are talking about safe countries or improving the system in terms of staffing, I hope that these fine amendments will be accepted by the minister and the Government of Canada.

[The Deputy Speaker, Andrew Scheer]

Is the House ready for the question?

[Some hon. members]

Question.

[The Deputy Speaker, Andrew Scheer]

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

[Some hon. members]

Agreed.