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.

Protecting Canada's Immigration System Act

[Jason Kenney, Conservative, Minister of Citizenship]

Mr. Speaker, I have great respect for the member, but in his substantive comments, unfortunately there were at least a couple of errors of fact and certainly, in my view, mischaracterizations of the bill in its intent.

One of the areas of fact which I suspect he just repeated and probably a researcher got it off the Internet was the notion that the minister is empowered under Bill C-31 with the ability to arbitrarily strip settled refugees of their permanent residency. There is no such power. This is a complete fiction.

In fact, the Immigration and Refugee Protection Act, adopted in 2002 by the government of which he was a member, in section 108 empowers the minister to make an application to the IRB to revoke permanent residency from people for whom protected status has ceased because they obtained such status through fraudulent means or country conditions have changed.

There is no change in the bill in this respect. The minister has no such power. It is a power that belongs to the IRB and is very infrequently used by that quasi-judicial body.

The member talked about 12 months of detention for smuggled claimants. In fact, they would be released following a positive protection decision by the IRB which, under the accelerated timelines of Bill C-31, would be in a matter of weeks or a couple of months.

The member asked why we would penalize claimants from designated safe countries. There is no such penalty. We have an accelerated process which his party agreed to in Bill C-11 in the last Parliament. The only change is that claimants would not have access, if failed at first instance, to the refugee appeal division, which the Liberal government refused to create in the first place.

How is it penalizing people to not give them access to something which does not currently exist?

[Rosane Doré Lefebvre, NDP, Alfred-Pellan, QC]

Mr. Speaker, I rise today to voice my opposition to a draconian bill that would change the way in which refugees and asylum seekers are treated. I am deeply disappointed in this bill, which revokes most of the compromises that were reached in connection with the former Bill C-11, the Balanced Refugee Reform Act, in addition to reintroducing Bill C-4, which targets refugees instead of human smugglers.

Bill C-11, which was passed by a minority government during the previous Parliament, gave rise to what could be considered historic compromises with a view to making truly balanced refugee reforms. But now, at a time when that bill has not yet even come into effect, the government is doing away with everything the members of this House accomplished together and is instead imposing an ideological approach without giving any thought to the lives of the people who will be affected by this change.

By acting in this way, the Conservative government is going back on what it agreed to and demonstrating once again that it does not believe in co-operation and that what it wants more than anything is to put its own ideology ahead of the well-being of the people affected by its decisions. Bill C-31 transforms a balanced measure into a radical, partisan, ideological measure.

I want to remind the House that the Laval immigration detention centre is in my riding, Alfred-Pellan. There are three such centres in Canada: one in Laval, one in Toronto and one in Vancouver. Refugees who cannot prove their identity are incarcerated in this facility, which looks like a prison and is on federal prison property. There, people are handcuffed to be moved and families are kept apart. The centre tells refugees that it will take only a few days to check their identity, but in reality some of them will spend weeks or even months in a place that is run like a medium-security prison.

The average stay at this centre is currently 28 days, according to the Canada Border Services Agency. Detention leaves its mark on asylum seekers' mental health. After being handcuffed when they are moved, having their personal effects confiscated and being separated from their families, detainees leave the centre with serious health problems and depression.

Research proves this. Janet Cleveland, a researcher and psychologist at the CSSS de la Montagne at McGill University, met with nearly 200 asylum seekers during a study on the impact of detention on the mental health of people seeking asylum in Canada. The study was conducted with four other researchers. Over 120 of the asylum seekers had been in detention for three weeks in either Montreal or Toronto when she met them. The others were not being detained.

All the asylum seekers taking part in the study had already endured traumatic experiences when they arrived in Canada, but those who were placed in detention were more likely to suffer from depression, anxiety or post-traumatic shock. When I asked the Minister of Citizenship, Immigration and Multiculturalism in February why this government was not doing anything to correct this situation, which is intolerable for the officials and the newcomers, he replied that it is true that there is a waiting list for refugee claimants, and that a new system will ensure a processing period of a few weeks. He said new claims would be heard by the IRB within two to three months. Here is what Janet Cleveland said:

As far as the government is concerned, three weeks in a centre is not very long. Yet when we compare these individuals to others who are not being detained, the detained refugees were twice as likely to show serious post-traumatic stress symptoms. We did not expect this result after “only” three weeks of detention.

I would point out that 40% of the immigrants being detained in Laval are there simply while their criminal record are being checked. So, I would ask the minister once again: why are these newcomers being treated like criminals? I am also very worried about the rights of refugees, and of the people who work in these centres, and the way this will be implemented. What worries me even more is the fate of child refugees who are separated from their families and loved ones when they arrive here, and therefore lose their sense of security.

Unlike Bill C-4, Bill C-31 includes an exemption from detention for anyone under the age of 16. That is very good, but when I asked the Minister of Public Safety whether those children would be separated from their families and what would happen to the families, he did not even answer my question. That leads me to believe that, as a result of this bill, children will be separated from their families, which can cause serious psychological problems and trauma for children who are only 16 or younger.

It also makes me think about the measures the minister intends to implement to guarantee that minors will not be detained based on their age when their own identity and age are in the process of being verified. If they do not have documents to prove that they are under the age of 16, what assurance do we have that they will not be detained? For example, will a 14 or 15 year old who looks 16 or older be treated fairly? It is truly quite disturbing.

Since men are detained separately from women and children, what will happen when a single father arrives with his children? Will they be separated immediately upon their arrival?

We must rethink how we treat our brothers and sisters who are seeking asylum. To do so, we must first acknowledge the human nature of their journey, which is fraught with injustice, tragedy and trauma. In my opinion, the amendments proposed by Bill C-31 will result in the criminalization of people who are often victims and have reached the end of their rope.

Is it right to treat them like criminals when they arrive? Is it one of our values to separate and break up families, when their family ties are all they have left?

I recognize the importance of properly identifying refugee claimants. However, I am convinced that it can be done in a more humane way, without compromising the psychological and social well-being of asylum seekers, without breaking up families, without passing this bill which would welcome refugees with detention when they arrive.

I would like to quote a letter from Human Rights Watch dated March 16, 2012, addressed to the members of this House.

HRW believes that the detention provisions of Bill C-31 unduly and inappropriately impose penalties on vulnerable migrants, asylum seekers, and refugees. Instead of identifying and punishing human smugglers, these provisions of the bill would punish irregular migrants, including refugee men, women and children fleeing indiscriminate violence and/or persecution. These people should not be punished on the sole basis of their “irregular” entry.

This letter is signed by Bill Frelick, refugee program director, and Jasmine Herlt, director, Human Rights Watch Canada.

Bill C-31 is bad for refugees and does absolutely nothing to target smugglers. In my opinion, the previous Bill C-11, as amended in the last legislature, takes a more balanced approach, and deserves to be implemented and fairly evaluated. The government constantly talks about the importance of taking action. Here we have a bill, Bill C-11, which is ready to go and I invite the government to move on it.

Canadians and the international community are speaking out against Bill C-31. I am asking the government to reconsider its approach. We have to think of the families that have already lived through so much trauma and are just looking for a place where they can be protected. This bill does not target the right people at all. We absolutely have to rethink this approach. Canada has always welcomed refugees and must continue to do so.

I would also like my colleagues to consider the amendment proposed by the member for Vancouver Kingsway, and I would ask all members of the House to support it.

[Glenn Thibeault, NDP, Sudbury, ON]

Mr. Speaker, I truly am very disappointed that I will not have my full 10 minutes, but I appreciate the fact that you have given me six to seven minutes to talk about how I oppose the bill.

While I say that I oppose the bill, like my colleague from Edmonton—Leduc, I would like to tip my hat to the minister for being here throughout the entire debate. When we are looking at the importance of discussing ideas and trying to come up with the best legislation for the country, it is great that we can have this type of debate.

With that said, now that the hugs are over, I will move forward with my opinions on Bill C-31. New Democrats see this as an omnibus refugee reform bill that combines, in our opinion, the worst parts of the former Bill C-11 in the 40th Parliament and the current Bill C-4.

We see the main purpose is to repeal most of the compromises from the former Bill C-11, Balanced Refugee Reform Act, that received all-party support and royal assent in June 2010. It reintroduces Bill C-4, the human smuggling bill and introduces the collection of biometrics for temporary residents.

The naming of safe countries and the restriction of refugee rights, concentrating the power to determine safe countries in the hands of the minister, under the former Bill C-11, was to be done by a panel of experts including human rights experts. While we all can agree with the minister, we want to ensure that there would be a panel and human rights experts involved in this process, because no one is perfect. We want to ensure that immigrants could see that we do not leave it in the power of one person.

Refugee claimants from safe countries would face extremely short timelines before hearings, 15 days I believe. They would have no access to the new appeal division and no automatic stay of removal when filing for a judicial review. They would not be allowed to apply for a work permit for 180 days. The bill would also limit access and shorten timelines to file and submit a pre-removal risk assessment application and evidence.

In terms of restricting access to humanitarian and compassionate considerations, I do not think anyone would agree with that. Unfortunately, we are seeing this being pushed through by the government. A refugee claimant could not apply for H and C while the claim was pending for one year after a failed claim, in which time he or she would likely be deported. The bill would make it easier to terminate refugee protection if circumstances changed. This could apply to any legitimate refugee who had not yet become a citizen, potentially affecting tens of thousands of permanent residents. This would contravene international norms on the treatment of refugees and add uncertainty to individuals for years after their arrival. We have talked about how we have always been a progressive country in terms of immigration. I do not think that the bill, even though it may have been well-intended on the government side, does that.

Arbitrary designation of irregular arrivals and their mandatory incarceration is something that we on this side of the House definitely do not agree with. Bill C-31 reintroduces most of the provisions of Bill C-4, which are widely condemned by refugee advocates and likely unconstitutional. It would allow the minister to designate any refugee arrival of a group of two or more as irregular. We can use the examples of the Sun Sea and the Ocean Lady. These irregular arrivals would face mandatory detention for up to one year if they were age 16 and over, or until a positive refugee decision was made, whichever came first.

Irregular arrivals could not apply for permanent residency for five years or sponsor their family for five years. They would have no access to the new refugee appeal division. This designation would create an unfair two-tier refugee system, one for regular refugees and one for irregular arrivals.

Looking at the background of this, the former Bill C-11, the Balanced Refugee Reform Act, was supported by all parties in the last Parliament. Several compromises were made to the original bill, largely through the work of the member for Trinity—Spadina and the NDP. It made it acceptable to us and other opposition parties.

These compromises included establishing a panel of experts to determine safe countries, allowing access to appeal for designated nationals and those from designated safe countries, and greater timeliness for the start of the appeal process. Bill C-31, unfortunately, repeals almost all of these compromises.

What would we like to see from an immigration bill, something like C-31 specifically? We do not think the Conservatives have been effective at gaining support for this legislation by promoting fear and talking about the threat of refugees. I do not think anti-immigrant and anti-refugee rhetoric, such as “bogus claimants”, “queue jumpers” and “criminal elements”, does anything to help any of the immigrants coming to Canada. However, I think civil society is solidly against these changes to refugee reform. Experience in other countries, such as Australia for example, show that measures such as these do not have a deterrent effect.

These measures target and punish legitimate refugees. Refugees should not be subject to political manoeuvring, but should be given fair and compassionate treatment. All of those who seek protection should be given equal rights, with equal rights to appeal. No country is free from persecution. This is especially true of women and gays and lesbians fleeing violence and persecution.

To summarize, refugees have the right to a fair hearing. The right to appeal is critical for vulnerable claimants at the mercy of an inconsistent and often arbitrary Immigration and Refugee Board. We do not believe that the bill will accomplish that.

I am sure I will have a few minutes on another day to continue, but with that I do wish everyone a very Happy St. Patrick's Day tomorrow and a great constituency week.

[James Rajotte, Conservative, Edmonton—Leduc, AB]

Mr. Speaker, I appreciate this opportunity to join the debate on Bill C-31, protecting Canada's immigration system act. I have enjoyed the debate and I will concur with my colleague opposite with respect to the minister and the fact that he has been present during this debate. It is an outstanding example for all parliamentarians.

We as Canadians are rightfully proud about our long-standing humanitarian tradition and about the fact that we are one of the top countries in the world to offer protection to those who are in need of asylum. There is no country in the G20 that welcomes more refugees per capita than Canada. We resettle one in ten refugees.

Canada is continuing its tradition as a leader in international refugee protection. Our government has increased the number of refugees we will be resettling by 2,500 per year.

Canadians are proud of our welcoming and fair nature. Nonetheless, few Canadians would disagree that our refugee system is in need of reform, as we see time and time again refugee claimants simply waiting too long for a decision on their claim. We also realize the need to stop those who are abusive of our generous immigration system, and we are therefore taking action to that end.

Canada's current asylum system is bogged down by bogus refugee claimants from countries that are democratic and safe. These claimants do not wait in line like everyone else. In fact, they make an attempt to jump the queue. This leaves in limbo those who genuinely are in need of Canada's protection but also allows those who really do not need our protection to unfortunately abuse our system.

Many genuine refugees have fled their homes because of unimaginable hardship and in many cases have been forced to live in refugee camps for many years. When they arrive in Canada, they essentially start all over again. These genuine refugee claimants unfortunately are waiting years for determination on their claim. They are waiting because of an increasing number of refugee claims from safe and democratic countries. We should just look at the numbers for examples.

The total number of refugee claims from the European Union in 2011 was 5,800, a 14% increase from 2010. That is more than Africa and Asia.

Virtually all claims from the EU are abandoned, withdrawn or rejected. These are bogus refugees that are not in need of Canada's protection. They withdraw their own claims after they receive money unfortunately from our taxpayer funded welfare system and after they get taxpayer funded medical care. These claimants from the European Union cost Canadian taxpayers $170 million per year. That is simply not fair to Canadian taxpayers and it is not fair to genuine refugees who are waiting in line for Canada's protection.

Last year processing times for a decision on a claim before the independent Immigration and Refugee Board of Canada could take more than 20 months. It can take an average of four and a half years from the time a claim is made until a failed refugee claimant has exhausted all legal avenues and is removed from Canada. In some instances, cases have dragged on for more than a decade. Long delays encourage individuals who are not in need of our protection to use the refugee system as a way to remain in Canada. During that time, taxpaying Canadians pay for their health care and other generous social benefits.

Our government is closing the loopholes in our asylum system. We are listening to Canadians and acting in the best interests of Canadian taxpayers. No longer will these bogus refugee claimants be able to abuse our generous asylum system.

Bill C-11, the Balanced Refugee Reform Act, which was previously passed, provided for faster processing timelines to quickly decide claims. It introduced a designated country of origin policy to further expedite the processing of claims from those countries.

As we proceeded with the implementation of that bill, it became clear that further reforms were needed. The rising number of refugee claims coming from countries that are not normally considered as refugee producing has warranted additional measures. This is why we have introduced a bill in addition to the Balanced Refugee Reform Act.

We need to send a clear and unmistakable message to those who seek to abuse Canada's generous asylum system that if they are not in need of protection, they will be sent home quickly. At the same time, we need measures to ensure that those who truly need our help get it in a timely manner.

When the recent wave of bogus refugee asylum claims came flooding in from the democratic and human rights respecting European Union, it was made clear that further reforms to Canada's asylum system were urgently needed. We are a responsible government that is not afraid to admit that our previous legislation was not strong enough in this area.

We have a mandate from the people of Canada to protect our immigration system. We listened and we are acting on that mandate.

The protecting Canada's immigration system act would make our refugee system faster and fairer. In this time of economic uncertainty, increased numbers of unfounded refugee claims create a financial burden on Canadian taxpayers.

Under the proposed system, claimants from designated countries of origin would get a hearing quickly, within 30 to 45 days, depending on whether they initially made their claim at an inland office or a port of entry. All other claimants would receive their hearings within 60 days. Let me be very clear about this. Under these new measures, all eligible refugee claimants would continue to be entitled to a fair hearing before an independent decision maker.

At this point I would like to quote what two very distinguished Canadian columnists have to say about our proposals and improvements.

John Ibbitson of the Globe and Mail stated:

I think we need a system first of all that doesn’t cost too much....if you spend four years processing a bogus refugee claim, that’s the taxpayer who pays for it and that person may also be on welfare and other forms of social assistance during that time. So I agree. And I think there is broad public support for the idea that we need to process refugee claimants fairly and swiftly.

Another distinguished columnist, John Ivison of the National Post, stated:

I was talking to somebody today who was saying within four days of a claimant landing in Toronto, they can be claiming welfare. Now that's an obvious magnet for refugees all over the world. We have the most generous refugee system in the world. We have an acceptance rate of something like 50 per cent. Nowhere else in the world comes close to that.

Well, how many people do you need to consult to figure out that Hungary should not be our leading sources of refugees? What had happened was that the ten, the top ten countries that we receive refugees from did not figure in the UN’s top ten list of refugees.

In closing, let me reiterate that the proposed protecting Canada's immigration system act builds on reforms passed in June 2010 as part of the Balanced Refugee Reform Act. These new measures further accelerate the processing of refugee claims for nationals from designated countries which are those that generally do not produce refugees.

In addition, the proposals reduce the options available to failed claimants to delay their removal from Canada. As a result, genuine refugees would receive Canada's protection much more quickly. Even after these changes, Canada's refugee determination system would still proudly remain one of the most generous in the world.

I urge all hon. members of the House to join me in supporting the bill in order to improve program integrity and deter abuse of our refugee system.

[Jason Kenney, Conservative, Minister of Citizenship]

Mr. Speaker, I would like to thank the hon. member for his constructive comments, for what he did as the former minister of immigration, and for his knowledge of this problem.

He raised the issue of Hungary and the designation of certain countries in order to accelerate the processing of claims. However, once Bill C-31 is passed, no refugee claimant from Hungary or the European Union, which are designated countries, will have access to a hearing before a decision-maker at the Immigration and Refugee Board of Canada. That means that all claimants from all countries, regardless of the manner in which they entered Canada, including migrants who are smuggled into the country, will have access to the same system that currently exists, that is, a hearing before a decision-maker based on the merit of their cases.

The only difference is that the processing will be slightly quicker, which was agreed to by the opposition in the last Parliament in the form of Bill C-11. Moreover, claimants will not have access to the Refugee Appeal Division that his government and he, as minister, did not create.

Why is he concerned about the fact that we are not diminishing the rights of claimants from designated safe countries?

[Jason Kenney, Conservative, Minister of Citizenship]

Mr. Speaker, unfortunately, there were all kinds of factual errors in my colleague's speech. For instance, he criticized the system for being two-tiered. Indeed, we created a two-tiered system in Bill C-11 in the previous Parliament, and the NDP supported that bill. It simply means an expedited system for refugee claimants from a list of designated safe countries, which is a completely legitimate and normal system according to the UN High Commissioner. A similar refugee system is used by nearly all other countries in the democratic world.

His biggest mistake, however, was when he said that the government could designate a country as safe and then take away a refugee's permanent residency 30 years after he or she obtained it. There are no such provisions in Bill C-31. Under the Immigration and Refugee Protection Act, the Immigration and Refugee Board has always had the power to terminate someone's refugee protection and withdraw their permanent residency, for instance, when someone obtained it fraudulently.

Can the member indicate what clause in Bill C-31 gives the minister or the government new powers to withdraw refugees' permanent residency? There is no such clause.

[Sylvain Chicoine, NDP, Châteauguay—Saint-Constant, QC]

Mr. Speaker, I will get right to the point. Bill C-31 is a blot on Canada's reputation. This bill will tarnish our international image as a host country. It will be a major step backward with respect to protecting refugees in Canada. It puts tremendous power in the hands of the Minister of Citizenship, Immigration and Multiculturalism and fails to revamp Canada's refugee determination system. The purpose of this bill is not, as stated, to fight human smuggling or to help asylum seekers by expediting the process. Its true purpose is something else entirely. All it will do is punish refugees.

Bill C-31 is a patchwork of bits and pieces of old bills, including Bill C-4 on human trafficking, Bill C-11, the Balanced Refugee Reform Act, and biometrics.

One of the bills introduced during this Parliament was Bill C-4. That bill received such strong opposition from lawyers and refugee rights organizations that the government dropped it. This bill would allow the minister to designate the arrival of refugees as an irregular arrival. The bill uses the phrase “a group of persons” without really specifying how many persons constitute a group. We presume that two people could indeed constitute a group. These designation criteria are far too vague and disproportionate and leave too much room for legal interpretation. A family fleeing a war-torn country would be a group of persons.

The most despicable proposal in this bill is the one whereby any person designated a “foreign national” will be detained for a maximum period of one year, without review and without any chance of appeal.

Immigration detention centres are already overcrowded. Accordingly, these designated persons will likely be transferred to provincial prisons to live with criminals. Under this bill, a person could be detained for 12 months without review.

According to the bill, a person in detention who receives permanent resident status will not be released since they are not entitled to a review of their case for a period of one year.

The government is not giving any thought to the distress felt by these people who have fled a country in the hope of having a better life. This government is not considering the desolation of these people who are fleeing persecution in their country and who now are being mixed in with the criminal population for a year without review of their case, as I was saying.

These measures go completely against the Canadian Charter of Rights and Freedoms and international law. The Supreme Court ruled in the Charkaoui case that detention under a security certificate is unconstitutional. That means that every person in Canada has the right to appear before a judge within 48 business hours. The Conservative government has no qualms about introducing a bill that is likely unconstitutional.

Under the Supreme Court ruling, detention has to be subject to a timely and regular review to ensure that it continues to be legal. All asylum seekers not arriving in groups, therefore arriving alone, are entitled to this review. Families would be exempt from this review because they constitute a group of two or more people.

Not only can a group be detained for a year, in addition, no exception is made for the individuals in the group, regardless of gender, age or health status. These inhumane provisions are a direct violation of the 1951 Geneva Convention relating to the Status of Refugees. Indeed, this United Nations convention clearly indicates that no host country shall impose sanctions against refugees by reason of their illegal entry if they present themselves without delay to the authorities and give good reason for their illegal entry.

Canada is, in fact, a signatory to this convention.

The measures proposed in the bill are an attempt to discourage refugees from seeking protection in Canada. Not only are these people being detained without the right to appeal their case, but the implacable attitude of this government will end up increasing the number of removals. That goes entirely against the humanitarian values Canada espouses and the Charter of Rights and Freedoms.

Moreover, this bill stipulates that refugees shall be banned from making an application for permanent residence for a five-year period after obtaining refugee status.

Once again, this bill violates the Convention relating to the Status of Refugees by prohibiting any person who has obtained refugee status from traveling outside Canada. The refugee will, therefore, have no travel document. That also violates the Convention relating to the Status of Refugees and the Canadian Charter of Rights and Freedoms.

Furthermore, refugee claimants will not be able to sponsor their families for a period of five years. That means, for example, that a 15-year-old teenager who enters the country illegally will not be able to sponsor his parents for five years. Bearing in mind these constraints alone and the average time it takes to process claims for refugee protection and applications for permanent residence, refugees will be separated from their families for seven years. These measures are discouraging for all refugee claimants.

The minister also reserves the right to designate a country as safe for foreign nationals without even benefiting from the expertise of a committee on human rights. This measure will result in the implementation of stricter deadlines to submit a claim for refugee protection. This will make it difficult to properly prepare an application, which may lead to a refusal.

Moreover, the refugee claimants from the list of countries deemed safe by the minister who have been forced to leave the country will no longer be entitled to file an appeal before the Immigration and Refugee Board. If they are determined to appeal, their only recourse is to seek a judicial review before the Federal Court. Despite this provision, there is a strong likelihood that the claimant will be deported to his country of origin before the court has had time to make a decision. Furthermore, this bill prevents the Refugee Protection Division from reopening files. This clause goes against the principles of natural justice. This bill needlessly takes away a jurisdiction that has always existed.

Another clause is being added to the long list of barriers to claims for asylum. Once again, this clause gives another discretionary power to the minister that allows him to detain any individual who is suspected of a crime. There is no guideline for the principle of suspicion. However, it does not stop there, because the bill specifies that it is possible to turn down any claim if a person has committed an offence, even if it is a trivial offence. Let us take the example of a person who, in his own country, refused to obey an order from the dictatorial government and dared to express his opinion publicly, and finds himself with a criminal record because of it. Canada would refuse his claim because of this offence, without even considering the cases of persecution for which that government is responsible.

This Conservative government is going even further in its indifference to the suffering of thousands of people who are fleeing persecution. In granting permanent resident status to refugees, Canada is offering them safety to settle in our country and quietly begin their lives over again. However, the Conservatives, with their misguided thinking, want to grant permanent resident status on a conditional basis. This bill would allow an application for permanent resident status to be suspended when the country of origin is on the list of countries considered safe and stable, countries that are put on the list by virtue of the minister's discretionary power.

That is not all. This clause is retroactive, which means that thousands of permanent residents will have to leave their new country and new life in Canada. Take the example of someone who left his country because of political persecution 30 years ago. When he arrived in Canada, he asked for asylum and we granted him permanent resident status. He began a family here, but 30 years later the government tells him that his country is safe and he can go back.

Bill C-31 is underhanded; it goes even further. The Conservatives also want to demand biometric data from applicants for a visitor visa, a student visa or a working visa. Biometrics has a reputation as a technology that gives considerable power to states for keeping an eye on people. Bill C-31 put forward by the Conservatives is a huge reversal in immigration policy and is aimed solely at refugees and asylum seekers, to their detriment. The Minister of Citizenship, Immigration and Multiculturalism is giving himself the right to make criminals of certain refugees and throw them in jail, without review of their files, for a period of one year.

The Conservative government is now interfering with the right of every person to defend himself. I believe that this bill is discriminatory and that it sets up a two-tier system for refugee protection.

[Robert Sopuck, Conservative, Dauphin—Swan River—Marquette, MB]

Mr. Speaker, obviously since Bill C-11 was passed, things have changed and we have to update our refugee and immigration system.

I have a personal story to tell with respect to refugees from when I was a high school student in Winnipeg. I am of Czech extraction. When I was a high school student my family was part of the Czechoslovakian community in Winnipeg. I remember very well the Prague Spring of 1968 and the Warsaw Pact invasion of my father's country. It was a devastating experience for all of us when we realized what could happen in the world. As a teenager, I witnessed refugees coming to Winnipeg, some of whom even stayed in our home. I take the refugee issue seriously and personally.

The abuses that criminals and fraudsters will undertake to take advantage of Canadians' historical generosity simply must be dealt with. We are doing that with this bill.

[Mike Sullivan, NDP, York South—Weston, ON]

Mr. Speaker, I listened with some interest to the comments. One of the unfortunate facets of the Conservatives' approach is they put so many different provisions that have different meanings and applications into one bill and then use that as an opportunity to say, “But you voted against it”.

There are certain aspects of this bill that clearly we agree with. We agree with the notion that the refugee system is broken, which is why we passed Bill C-11. Bill C-11 does an enormous amount to streamline the refugee system in this country and to make it less likely that people could abuse the system.

However, the amendments being proposed to Bill C-11, and the addition of Bill C-4, make it impossible for this side of the House to agree to create a system where we would be making people victims. Even if people are refugees, we do not believe that the government, or any government, should make them victims. That is what this bill would do.

I would ask for the comments of the member opposite.

[Mylène Freeman, NDP, Argenteuil—Papineau—Mirabel, QC]

Mr. Speaker, one of the major problems with the bill is it would concentrate more power in the hands of the minister, who clearly does not know what is going on within his ministry, by allowing him to name safe countries and restrict refugees from those countries. Under the former Bill C-11 that was passed in the previous Parliament, which from what I understand enjoyed approval by all parties and was balanced, there was a panel of experts, including human rights experts, that was to designate these countries. This is no longer case.

[Mike Sullivan, NDP, York South—Weston, ON]

Mr. Speaker, in light of the fact that we are talking about our clothing colour, I am wearing some green but also some black today in honour of my heritage but also to remind people that it is a gloomy day here in the House.

The bill undoes a lot of good work that took place in the last Parliament and, although I asked my friend opposite what exactly the differences were, all he could say was that there were gaps. What the government is now doing is creating gaps, where those gaps had been filled, where there was agreement by the parties to fix the problems with the legislation in such a way that all circumstances were taken care of. We have now created a whole bunch of gaps in this legislation that are glaring by their example, as was evidenced a few moments ago.

Those in some countries who may be declared safe but who happen to belong to the gay and lesbian community may in fact be refugees. However, under this new bill, they would not have the opportunity to be exempted from the rather horrendous provision of having to have a hearing within 15 days and, if they do not win, they are out.

Government members argued at some length in earlier speeches that a significant percentage of supposed refugee claimants abandoned their claim in the course of that period of time. We, on this side of the House, agree that we do not want fake claims. We do not want to encourage a system where people are coming to this country merely to abuse our system. Bill C-11, in the previous Parliament, would have fixed the problem of the fake claimants. It would have fixed the problem to everyone's satisfaction and to the minister's satisfaction. The minister praised the bill. What has changed between Bill C-11 of the last Parliament and now in terms of Canada's refugee system? Absolutely nothing. Nothing has changed since then to warrant such new and draconian measures being placed into this legislation.

The new law would have taken effect in June of this year. We could have had a law that had been through the process and was ready to roll, that fixed all of the problems, which are being talked about again in the House, of the abuse of Canada's refugee system. Those things would have been fixed and we are throwing it away. We are wasting an awful lot of time, energy and resources, but for what purpose?

One of the things that is glaring in the bill that maybe is the purpose is the absolute power it would give the minister. The minister would have the absolute power, and despite the comments from the other side that he would consult, ultimately it falls within the power of one human being to determine for most of the planet whether people are safe from persecution or not.

Lord Acton of Britain stated that, “Power tends to corrupt, and absolute power corrupts absolutely. Great men are almost always bad men”. Those words were spoken over 100 years ago in the British system to describe what happens when someone is given too much power. It becomes a corrupting influence. I have the utmost of regard for the current Minister of Citizenship, Immigration and Multiculturalism. I think he will probably do a good job, but who knows who will come next?

We in Toronto have discovered just what happens when power is given to the person in charge. During David Miller's term as mayor, there was a big push on the part of the mayor to give the mayor more power to select an executive committee and to run things in a much more autocratic way. We can see what happened. We ended up with a mayor who is now abusing that power, who is running amok and who now faces the possibility of being stripped of his office as a result of the power that he has used.

That is what comes from putting too much power into the hands of one individual, and that is part of what the bill would do. It would create a system that would put everything into the hands of one individual, and we do not know who that individual will be next.

We also have situations where exemptions, exceptions that were provided for in Bill C-11, have been eliminated. For example, an individual in my riding is a coroner working for the police in what will probably be designated as a safe country. The person came to Canada as a refugee because the police told him that they could no longer protect him because he had given too much evidence against the criminal gangs that happen to exist in that country. Although the country is generally safe, that individual had to leave a beautiful home, a successful practice and quite a well-to-do lifestyle in that country because his life was in danger. The person has now gone through several stages of applying to be a refugee, which is very difficult to establish for an individual coming from such circumstances.

The bill would probably send that person back to that country to probably be killed because that country is designated as safe country, and that is wrong. The minister needs the ability to find exemptions. Individuals need to access to the legal system and access to justice, but that is being denied them by this 15 day maximum time period.

I also want to talk a bit about the old Bill C-4, which is now rolled into this bill, the Sun Sea and Ocean Lady part of the bill that suggests that persons who the minister, again leaving the power in the hands of one individual, a different minister this time, declares as irregular arrivals would make victims of those individuals.

We have heard over and over again about how the government is on the side of the victim. It is not here t in this bill. Those individuals who were innocent until they arrived in Canada are now the victims and are now to be punished by being incarcerated the day they set foot in Canada as soon as the minister declares that arrival to be an irregular arrive, which clearly would have been the case with the Sun Sea and the Ocean Lady, and probably many other arrivals we do not even know about that the minister is keeping tabs on.

That is wrong. It is wrong to create victims where victims do not exist. We all agree that persons who engage in human smuggling ought to be punished, ought to be rooted out and ought to be held to account. However, not the individuals who are seeking refuge in this country and found that the only way they could get here was through this kind of mechanism. That is how desperate people are in these countries. They accept that they need to get here through human smuggling because they have no other way to get here. We have now made victims of those individuals and that is not in keeping with what the government keeps telling us that it is all about.

We are, in fact, on the side of the victims. We are, in fact, on the side of the individuals who have been persecuted in their own country, escape by whatever means and who should not be victimized. They should not be made into criminals merely because of the means of their arrival in Canada.

The final little piece of the bill is making e victims of children. In the previous bill, Bill C-4, the government forgot that persons under 16 probably should not be slapped in jail. What has it done? Instead of saying that the parents of children under 16 will not be put in jail, the government has now said that the parents will be put in jail but the children will not. Where will that leave the children? What kind of message does that send?

I will wrap up by saying that we should not be making further victims of the children who come to this country as refugees but that, apparently, is what the bill would do.

[Joe Daniel, Conservative, Don Valley East, ON]

Mr. Speaker, clearly there are gaps in what was in Bill C-11. Those gaps are being completed by this bill. That would actually prevent refugee claims from countries where there are no persecutions or prosecutions taking place.

[Mike Sullivan, NDP, York South—Weston, ON]

Mr. Speaker, one of the things that has come to my attention is that most of the strengthening of Canada's immigration system will happen anyway without this bill. In June of this year there will be implementation of the former Bill C-11, which in fact does the things the government keeps talking about need to be done. They are already going to be done.

What is so urgent and necessary that we undo what was agreed to before and now present something completely different, much more restrictive and not agreed to by the other parties in the House? Can the member outline what significant differences there are that are so egregious, that so many false refugee claims would not be captured by the existing Bill C-11?

[Francine Raynault, NDP, Joliette, QC]

Mr. Speaker, as you might suspect, the NDP is strongly opposed to this bill, which punishes refugees instead of offering them a rapid and equitable system.

I have a question. This bill concentrates more powers in the hands of the minister by allowing him to designate safe countries and to restrict the number of refugees from these countries.

Under the old bill C-11, this decision was made by a group of experts, including experts in human rights. Why is this change being made?

[Jason Kenney, Conservative, Minister of Citizenship]

Mr. Speaker, the member portrayed a fundamental misunderstanding of the legislation when he said that the bill concentrates, in the hands of the minister, the power to decide who may or may not make asylum claims in Canada.

That is patently and completely incorrect. The bill would do no such thing. All claimants from all countries, whether designated by the minister or not, whether they have arrived in a designated smuggling operation or not, would have the same access to an oral hearing at the IRB on the merits of their claim. No one would be denied access at the discretion of the minister or on the basis of their country of origin.

Safe country claimants and claimants determined to be manifestly unfounded would have an accelerated process, which the Liberals and the NDP already agreed to in the last Parliament in Bill C-11. What Bill C-31 changes is that it removes access to the refugee appeal division for safe country claimants. However, under the Liberals, for 13 years they refused to give any failed asylum claimants access to a refugee appeal division.

Why is the member opposed to a bill that gives the vast majority of failed claimants access to a fact-based appeal when his government, in which he was a minister, refused to give any failed refugee claimants access to a fact-based appeal?