Balanced Refugee Reform Act

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

This bill is from the 40th Parliament, 3rd session, which ended in March 2011.

Sponsor

Jason Kenney  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

This enactment amends the Immigration and Refugee Protection Act, 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.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from 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-11s:

C-11 (2022) Law Online Streaming Act
C-11 (2020) Digital Charter Implementation Act, 2020
C-11 (2020) Law Appropriation Act No. 1, 2020-21
C-11 (2016) Law An Act to amend the Copyright Act (access to copyrighted works or other subject-matter for persons with perceptual disabilities)

Balanced Refugee Reform ActGovernment Orders

June 15th, 2010 / 4:30 p.m.

Liberal

Maurizio Bevilacqua Liberal Vaughan, ON

Mr. Speaker, I listened very carefully to the comments made by my colleague. I want to perhaps look forward, as we begin to look at the post-refugee reform package. We were able to come up with some major amendments on humanitarian and compassionate applications, designated countries of origin, time lines expedited for designated countries, regions and groups. The list is lengthy and meaningful.

I would like to ask the member this question. If there was one particular issue or one particular point that the hon. member could add to this reform package, what would it be?

I have had numerous conversations with the Parliamentary Secretary to the Minister of Citizenship and Immigration throughout this process, always seeking what would enhance the bill. I wonder whether the hon. member's satisfaction for this present bill overrides any desire to add to it.

Balanced Refugee Reform ActGovernment Orders

June 15th, 2010 / 4:30 p.m.

Bloc

Thierry St-Cyr Bloc Jeanne-Le Ber, QC

Of course not, Mr. Speaker. It is common knowledge that the Bloc members are never satisfied and that we always want more for Quebec. Of course we will not stop today.

More seriously, I mentioned this briefly and I am happy to have been asked the question so that I can come back to it in more detail. I believe that we should have found a way to include a provision about reopening files in cases where a person's situation has changed drastically after the final decision had been made. And this option should be available until the person has been deported.

I know that in terms of numbers, it does not represent many people. I am conscious of the fact that the system put forward in Bill C-11 is robust and will allow fewer cases to slip through the cracks. There will not be many errors of this type.

I also know that there are other voluntary mechanisms in place that allow the ministers to act in extremely specific cases. We know that in the past, immigration ministers were hesitant to use this type of mechanism. I would have liked to see something in writing—and not just another step that anyone could access—something that would have allowed a person in an unforeseen and unprecedented situation to ask, at the very least, to have their file reopened. Then, after a cursory study, we could tell them if there was a major change or if there was an extraordinary element that would result in reopening the file.

Balanced Refugee Reform ActGovernment Orders

June 15th, 2010 / 4:30 p.m.

NDP

Olivia Chow NDP Trinity—Spadina, ON

Mr. Speaker, for years the member has really pushed to see the refugee appeal division established. Parliament has long said that it is important that an appeal division based in law and facts be established.

Initially the refugee board had three panel members and it was changed to two panel members and now one panel member. Perhaps the member could describe why having a refugee appeal division plus the support staff that comes as a result of this bill would repair the flaws in the present system which does not allow for an appeal. Why would this bill which establishes the RAD fix that problem?

Balanced Refugee Reform ActGovernment Orders

June 15th, 2010 / 4:35 p.m.

Bloc

Thierry St-Cyr Bloc Jeanne-Le Ber, QC

Mr. Speaker, my colleague is right in pointing out that the idea of an appeal division is not new here in Parliament. In fact, when the Immigration and Refugee Protection Act was passed under the Liberal government, an appeal division was planned for. Two board members evaluated each case at the same time, and each made a decision. If one of the two members supported the claim, it was granted. Some said that was very costly and 95% of the time, the board members' decisions were the same.

So instead of having two board members evaluate each case, Parliament decided to have a first evaluation and a follow-up. It was decided that a single board member would rule in each case. If the member made the right decision, the case was closed and there was no need to get a second member involved. However, if there was an error, a second member could reconsider the matter. Unfortunately, neither the Liberals nor the Conservatives ever set up the appeal division. I introduced a bill to force them to set up the appeal division, but unfortunately, it was defeated at the final stage by a single vote in the House.

So the bill includes the appeal division, and I must say that it is even better than what was originally contemplated in the IRPA. This appeal allows for a new hearing if necessary and allows individuals to introduce new evidence if, according to certain criteria, things have changed since the first claim or it was not reasonable to introduce the evidence during the first hearing. We finally have the long-awaited appeal division, and it is even better than before. We must salute the minister and the committee for their work on this and for finally implementing the appeal division.

Balanced Refugee Reform ActGovernment Orders

June 15th, 2010 / 4:35 p.m.

The Acting Speaker Barry Devolin

It is my duty pursuant to Standing Order 38 to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for LaSalle—Émard, the Conservative Government; the hon. member for Dartmouth—Cole Harbour, the Canadian Council on Learning; the hon. member for Yukon, the Food Mail Program.

Balanced Refugee Reform ActGovernment Orders

June 15th, 2010 / 4:35 p.m.

NDP

Olivia Chow NDP Trinity—Spadina, ON

Mr. Speaker, refugee laws have the ability to define a nation and sometimes it is not obvious until decades later.

Had the former prime minister of Canada, Mackenzie King, eased up on the refugee laws at the time, several hundred thousand Jews might have been saved from the Nazis.

Hiding behind the argument of the national self-interest of Canada, then immigration minister Thomas Crerar, with his official Fred Blair, barred Jews from entering Canada. Mr. Blair said it was “for the reason that coming out of the maelstrom of war, some of them are liable to go on the rocks”--he was talking about refugees--“and when they become public charges, we have to keep them for the balance of their lives”.

Between 1933 and 1945 the United States under Roosevelt accepted 200,000 Jewish refugees. England accepted 70,000. Bolivia, a relatively poor country, accepted 14,000. Sadly and shamefully, Canada, a rich and vast country, accepted only 5,000 Jewish refugees.

Even the young Pierre Elliott Trudeau, in an election rally in November 1942, stated that he feared “the peaceful invasion of immigrants more than the armed invasion of the enemy”, an obvious reference to Jews.

It was only when the Jewish community through the People's Committee Against Anti-Semitism protest action that Canada began to ease its refugee policies. The people's committee sent a delegation to Ottawa representing 10,000 Canadian Jews and met with minister Crerar. Because of the huge and sustained outcry, finally in 1944, 450 Jewish refugees were allowed into Canada.

By 1945, the 972 very highly skilled, professional male refugees who had been in jail since 1940 were finally released from jail and became a professional pool of musicians, teachers, artists, writers, theologians and scientists.

Why do I bring up the history? Because establishing a fair and humane refugee policy is very difficult. Oftentimes doing the right thing is not necessarily the most popular thing to do and any mistakes made can result in beatings, torture, jail, and sometimes death.

There is an important lesson to be learned from that dark chapter of our history. We have to work with the people who are most affected, people who work with refugees, and then the government laws and policy will be perfected.

Today, in these difficult times, many refugees have to leave their countries because they suffer persecution. Last year, 43.3 million people faced persecution because of race, religion, nationality, membership in a particular social group, or political opinion. They were forcibly displaced worldwide. This is the highest number of people uprooted by conflict and persecution since the mid-1990s and represents more than our country's population. If Canada makes a mistake and we end up turning away some of these people, it could be a matter of life and death.

That is why we must learn from that dark history and provide fast and safe entry for genuine refugee claimants and turn away those who are trying to exploit Canada's system.

New Democrats have always supported the creation of a fast, fair and effective refugee system. When this bill was first presented, we said we feared that no country is truly free from any form of persecution, whether it is hate crimes directed toward gays and lesbians, and transsexual people, or a woman fleeing domestic violence, genital mutilation, or an honour killing. Those countries may be democratic but they are not safe.

We are very pleased that people from those countries will now have the same rights of appeal. They will have the rights for humanitarian and compassionate consideration and the right to counsel.

That is why we are extremely glad that we are fast-tracking Bill C-11. We are compressing the timeline for report stage and third reading into one afternoon to give the bill fast passage so that the bill can become law, hopefully by the end of this month, or maybe even before the end of this month.

Allowing people to have humanitarian and compassionate consideration is critically important. Sometimes refugees may not know whether they belong in the refugee stream or the humanitarian stream. This is now built in and it is protected.

There are also extremely important regulations coming with the bill. We look forward to seeing them come into force. We are looking forward to the hiring of close to 100 refugee protection officers to clear the backlog. I believe there are over 60,000 claimants who have been waiting in limbo for close to four years for a decision. The Canada Border Services Agency's computer system will be upgraded. Those who are ordered to leave the country will be tracked by CBSA so they could be asked to leave Canada without Canada losing track of them.

New Democrats presented over 20 recommendations during the discussion at the citizenship and immigration committee. We would have preferred to see some other changes. For example, in the beginning we were quite uncomfortable with the interview process because the personal interview forms would no longer be used. We were worried about the cost of the humanitarian and compassionate application fees of over $500. We were worried that new information may not be able to be submitted to the refugee appeal division.

We were also worried that if countries had a last minute change and if refugees were deported to those countries, without the pre-removal assessment review, the refugees could face real problems when they returned home.

We also wanted all the clauses to come into force at the same time and that there be a built-in evaluation process. However, in the spirit of working together and of making compromises to make a better bill, I withdrew my recommendations in support of the humanitarian and compassionate grounds consideration, and allowing appeals for all refugee claimants and making sure that all claimants have a right to counsel. Those are things that we believe are extremely important.

Did we get everything that we wanted? No, however, it is a bill that is far more balanced. We believe when it becomes law, it will be worthy of celebration because at long last we will see the implementation of the refugee appeal division.

I want to thank people for the hundreds and hundreds of submissions that we received at committee. People took the time to write about the kind of changes they wanted to see. We heard from refugees themselves. It was extremely brave for them to describe their experiences and how happy and safe they feel now that they are in Canada.

We also heard from passionate refugee advocates who described their work with refugees and urged the committee members to we pass a bill that was balanced, fair and fast. They organized public meetings in Vancouver, Toronto, Montreal and many other parts of Canada and allowed people to speak out.

Our committee could not travel because we did not have the time, but we were able to hear from quite a large number of people through the Internet and video conferencing. Because of their wisdom, their persistence and their insistence that democracy means calling their member of Parliament when a bill needs to be improved, they did call us. I understand that a lot of members of Parliament received submissions, calls and visitations from people who have worked with refugees or refugees themselves.

That, in itself, was extremely precious because at the end of the day, when we come together collectively, whether we are refugees, refugee advocates, immigrants, organizations, members of Parliament, critics, the minister and his staff or public officials, the key component is that we must listen to each other and work together because we do want, collectively, the same thing, which is a fair and fast refugee determination process.

I hope that passing this law will mean that we will not repeat the tragic past of many years ago when we saw 907 refugees on board the St. Louis being sent away which resulted in half of them perishing. That is a lesson that we need to remind ourselves of over and over again as we talk about refugees and immigration issues because we do not want that terrible history to repeat itself. Canada is really a safe haven for many people seeking to make their homes in Canada and today, because we are passing a balanced, fair and fast refugee process, we have a lot to celebrate together.

Balanced Refugee Reform ActGovernment Orders

June 15th, 2010 / 4:50 p.m.

Calgary Southeast Alberta

Conservative

Jason Kenney ConservativeMinister of Citizenship

Mr. Speaker, I thank the member for Trinity—Spadina for her diligence and good faith. I know that for a member of the NDP to work constructively with a minister in the dastardly Conservative government is an occupational hazard, so the fact that she was willing to put ideology and her own party's politics to the side to get something positive done for refugees and Canadians is to her great credit.

I thank her for reminding us about the era of officially sanctioned anti-Semitism that barred access to Canada for European Jewish refugees before and during the second world war. That history is detailed in the devastating book None Is Too Many: Canada And The Jews Of Europe 1933-1948, which I actually reread over Christmastime, and it struck me deeply with a moral responsibility. It really caused me to think through many of these issues, that while we must be a place of refuge for those in need of our protection, we also need to maintain a legal system, and I think we have struck that balance.

Speaking of balance, it is important in these issues that we have balanced public discourse. I just want to raise something with the member for her comment.

One of the public meetings she talked about was in Toronto a couple of months ago at which a representative of the Canadian Council for Refugees, Francisco Rico-Martinez, said that I was the worst anti-immigrant minister ever and essentially called me a racist. This past weekend I was at a community event for the Filipino community in Vancouver where members of an anarchist organization called No One is Illegal, apparently good friends of the NDP House leader, as she seemed to be very familiar with them, were screaming at me at a family event that I was a racist and a bigot.

We may have differences of opinion across the political spectrum on some of these issues but I would like to give the member an opportunity to agree with me perhaps that certain kinds of charges and certain kinds of rhetoric are actually terribly counterproductive and go beyond the pale of what constitutes civil discourse on these issues.

Balanced Refugee Reform ActGovernment Orders

June 15th, 2010 / 4:50 p.m.

NDP

Olivia Chow NDP Trinity—Spadina, ON

Mr. Speaker, we could mire ourselves in hate and fear or we could rise above it: name-calling of any kind, calling people anti-Semite, hateful, bigot or racist.

It is easy to throw names around, to put people into straitjackets, to provide them with a label and then move on, but what does that accomplish? It does not raise any hope and no action comes out of it. It is just a blame game.

We can ask ourselves why we are members of Parliament. We have different points of view and different ideologies but at the end of day we are here to work together to make laws that are fair and good for every Canadian and for those who want to become Canadians.

If we persist in that kind of negative behaviour, we will repeat what I saw in the House of Commons during question period when no intelligent answers were given. It was just a lot of hateful name-calling. Or, we could work together at committees or on the side to ensure that the laws we pass are fair and balanced.

Balanced Refugee Reform ActGovernment Orders

June 15th, 2010 / 4:55 p.m.

Bloc

Thierry St-Cyr Bloc Jeanne-Le Ber, QC

Mr. Speaker, the hon. member for Trinity—Spadina did significant work in committee on the process that led to Bill C-11 being adopted. Certain themes are very dear to her. She was instrumental in helping me convince other committee members of the importance of an appeal division for everyone. She even put a bit of pressure on our Liberal friends to ensure that they support our position. She was also quite concerned about the issue of allowing permanent residence applications on humanitarian grounds for refugee status claimants.

Could the hon. member explain to this House the importance of this mechanism as a safety net for those who do not exactly fit into the definition of refugee status?

Balanced Refugee Reform ActGovernment Orders

June 15th, 2010 / 4:55 p.m.

NDP

Olivia Chow NDP Trinity—Spadina, ON

Mr. Speaker, this is an area that sometimes has a fine line. We want to establish laws that would not encourage unscrupulous, crooked consultants to exploit the law by bringing in large numbers of claimants who are not really refugees or who face no human terror on compassionate grounds to stay in Canada.

We also want to ensure that people can present their case, including those people who have been tortured, have suffered domestic violence or have been raped. Sometimes it takes a while for people to describe their experiences and sometimes they may end up hiring a person to coach them who gives them the wrong information. Then, through no fault of their own, they end up messing up their case even though at the end of the day they do have a very genuine case.

There is a fine balance as to how important it is that people are given a chance to present the human terror on compassionate ground consideration.

I want to thank the minister for working with all of us and accepting these kinds of amendments which, initially, were not part of the bill. I am very thankful that what we have today allows refugees to have a fair hearing.

Balanced Refugee Reform ActGovernment Orders

June 15th, 2010 / 4:55 p.m.

NDP

Jim Maloway NDP Elmwood—Transcona, MB

Mr. Speaker, I am very pleased to stand today to recognize the minister, the NDP critic and the members of the opposition parties, the Bloc and the Liberals, for accomplishing something very substantial in a minority government.

I want to quote from an article in the Canadian Encyclopedia for the year 2000 regarding comments on the previous Liberal minority government of Pearson just to show what a minority government can accomplish. It reads as follows:

For all its superficial chaos--

Does that sound familiar?

-- the Pearson government left behind a notable legacy of legislation: a Canada Pension Plan, a universal medicare system, a unified armed force, a new flag and a revised transport Act.

I could read another quote but I will not. The fact is that minority government accomplished much more in that period than many majority governments. I hope this will be a new beginning in terms of working in a minority situation to get things done.

Balanced Refugee Reform ActGovernment Orders

June 15th, 2010 / 4:55 p.m.

NDP

Olivia Chow NDP Trinity—Spadina, ON

Mr. Speaker, yes, it is a new beginning and I look forward to the next bill, which deals with crooked consultants, something for which I have been pushing. I am sure the immigration committee will again work with the minister to bring that bill back to the House of Commons. Then maybe we can get unanimous consent on the crooked consultants bill and crack down on them.

Balanced Refugee Reform ActGovernment Orders

June 15th, 2010 / 5 p.m.

The Acting Speaker Barry Devolin

Is the House ready for the question?

Balanced Refugee Reform ActGovernment Orders

June 15th, 2010 / 5 p.m.

Some hon. members

Question.

Balanced Refugee Reform ActGovernment Orders

June 15th, 2010 / 5 p.m.

The Acting Speaker Barry Devolin

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