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

[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?

[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.

[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.

[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.

[The Acting Speaker, Barry Devolin]

Is the House ready for the question?

[Some hon. members]

Question.

[The Acting Speaker, Barry Devolin]

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

[Some hon. members]

Agreed.

[The Acting Speaker, Barry Devolin]

(Motion agreed to, bill read the third time and passed)