Preventing Human Smugglers from Abusing Canada's Immigration System Act

An Act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act and the Marine Transportation Security Act

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

Sponsor

Vic Toews  Conservative

Status

Second reading (House), as of Nov. 29, 2010
(This bill did not become 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 to, among other things,
(a) authorize the Minister, in certain circumstances, to designate as an irregular arrival the arrival in Canada of a group of persons, the result of which is that some of the foreign nationals in the group become designated foreign nationals;
(b) authorize an officer or the Minister, as the case may be, to refuse to consider an application for permanent residence if the applicant has failed to comply with a condition of release or other requirement imposed on them;
(c) provide that a person may not become a permanent resident as long as an application by the Minister for cessation of that person’s refugee protection is pending;
(d) add, as grounds for the detention of a permanent resident or foreign national, the existence of reasonable grounds to suspect that the person concerned is inadmissible on grounds of serious criminality, criminality or organized criminality;
(e) provide that the Immigration Division must impose any prescribed conditions on the release of certain designated foreign nationals;
(f) provide for detention rules and a review procedure that are specific to the detention of certain designated foreign nationals;
(g) clarify the authority of the Governor in Council to make regulations in respect of conditions of release from detention;
(h) provide that certain designated foreign nationals may not apply to become permanent residents until the expiry of a certain period and that the processing of any pending applications for permanent residence is suspended for a certain period;
(i) require certain designated foreign nationals on whom refugee protection has been conferred to report to an officer;
(j) authorize the Governor in Council to make regulations respecting the reporting requirements imposed on certain designated foreign nationals;
(k) provide that the offence of human smuggling is committed when a person organizes the coming into Canada of another person and knows, or is reckless as to whether, the entry into Canada is or would be in contravention of the Act;
(l) provide for minimum punishments for the offence of human smuggling in certain circumstances;
(m) in respect of the determination of the penalty to be imposed for certain offences, add as an aggravating factor the endangerment of the life or safety of any person as a result of the commission of the offence;
(n) change the definition of “criminal organization” in Part 3 to give it the same meaning as in subsection 467.1(1) of the Criminal Code; and
(o) extend the time for instituting proceedings by way of summary conviction from six months to five years.
The enactment also amends the Balanced Refugee Reform Act to provide that a refugee protection claimant whose claim is rejected is not prevented from applying for protection earlier than 12 months after the day on which the claim is rejected, if it is rejected as a result of a vacation of the initial decision to allow the claim.
The enactment also amends the Marine Transportation Security Act to increase the penalties for persons who fail to provide information required to be reported before a vessel enters Canadian waters or to comply with ministerial directions and for persons who provide false or misleading information. It creates a new offence for vessels that fail to comply with ministerial directions. It also amends the Act to authorize regulations respecting the disclosure of certain information for the purpose of protecting the safety or security of Canada or Canadians.

Similar bills

C-4 (41st Parliament, 1st session) Preventing Human Smugglers from Abusing Canada's Immigration System Act

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-49s:

C-49 (2023) Law An Act to amend the Canada—Newfoundland and Labrador Atlantic Accord Implementation Act and the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and to make consequential amendments to other Acts
C-49 (2017) Law Transportation Modernization Act
C-49 (2014) Price Transparency Act
C-49 (2012) Canadian Museum of History Act
C-49 (2009) Law Appropriation Act No. 3, 2009-2010
C-49 (2008) Law Appropriation Act No. 1, 2008-2009

Preventing Human Smugglers From Abusing Canada's Immigration System ActGovernment Orders

November 29th, 2010 / 12:30 p.m.

Bloc

Daniel Paillé Bloc Hochelaga, QC

Mr. Speaker, when I heard what the government members want to do, I said to myself that if that is the kind of country they want, let them go ahead. However, that is not my kind of country; it is not what the Bloc wants. We do not want to go down that road. We do not want to be extraordinarily tough on crime, as they say, just because that is their inclination.

The purpose of this bill is to crack down on human smugglers. However, the Conservatives are aiming at the wrong target; they are completely misguided. The people who are exploited and vulnerable, who are fleeing because of political, economic or social conditions, are the ones arriving here, and the Conservatives are targeting them. They are taking aim with a really big gun, one that is too big. Instead of clamping down on the smugglers, they are clamping down on the vulnerable. Have the members who spoke seen the conditions in which these people live in their countries of origin? I use “live” loosely in this case. These people survive. They are used to living in fear, hiding, being secretive. They are hunted down in their own country. Some say that they go into hiding when they arrive here. That is what they have been taught to do. It is their survival instinct. These people have come here and should not be subject to different measures simply because they arrived in a group of 49 or 50 others.

These people sometimes leave behind children, relatives, perhaps even spouses. And now they are told that if they come here with 50 others they will be put in prison for 12 months and they must not ask why as the answer will be “because”. The government has cause to spend more and more money on prisons. At the rate they are going, the Conservatives will need more prisons. They take the people who arrive in Canada and tell them that they will immediately go straight to the Hilton prison without asking any questions. Instead of targeting the smugglers, they are targeting the victims.

They are creating categories of refugees not on the basis of their status or where they come from, or the relative danger of their place of origin, but based on how and with whom they arrive.

Clause 17, which amends section 117 of the act and adds subsections, very clearly states that when the offence involves fewer than 50 people, the smuggler will be sentenced to five years in prison, but if it involves 50 or more people, the sentence will be 10 years. So what happens if there are only 50 people? Will they throw one person overboard? Pardon the expression, but when smugglers know that if there are 50 or more people, they risk one sentence if caught, and if there are fewer than 50 it is another matter, what will they do? Will they draw straws? Will they ask themselves which one to get rid of? It makes no sense.

The government has introduced a muddled, convoluted bill because a boat arrived one day with about 500 people on board. It created quite a frenzy, as if the 500 people were armed to the teeth and were suddenly going to threaten 30 million people. Come on. The government reacted strongly, too strongly, based on presumptions.

The government says these people can be imprisoned for up to 12 months with no recourse to challenge that. These people are being told that they are now in Canada, which they chose for its freedom, and now they are being introduced to our kind of freedom. If that is the kind of freedom they want, then fine, but that is not Quebec's idea of freedom. If we needed another reason to fight for what is fundamentally right, the Bloc Quebecois's raison d'être—Quebec sovereignty—there is it. Canada puts refugees in prison when more than 50 arrive together on one boat.

This flies in the face of the Canadian Charter of Rights and Freedoms and many international obligations, including the Convention Relating to the Status of Refugees, which Canada has signed. This infamous bill also flies in the face of that convention. It also goes against the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child. It lumps men, women and children together and says “thank you, good-bye”. One has to read it to believe it. The Conservatives really did this.

It is not for nothing that Canada lost its seat on the United Nations Security Council. It was this type of disgraceful policy that caused the seat to be lost. Why did the other countries vote against Canada? It is not because they did not receive their goodies, but because they wondered whether Canada was suited for the Security Council. It is too bad, but they said no. It is unfortunate, but such bills are shameful.

With the government putting these people in jail and telling them, when they hide somewhere and are caught, that they will not be entitled to bring over their loved ones for five years, even though they are refugees, we wonder about the new foreign policy. The hon. member who spoke before me listed all the prohibitions. Under this new policy, Canada is telling people to stay home, it is no longer going to help them, and it is cutting off international aid. Canada is closing more and more embassies, which are a reflection of how we live in Canada.

Canada's foreign policy is to cut international aid, and it is becoming more and more right-leaning. Canada is closing more and more embassies and becoming increasingly militarized. It is telling refugees that if they dare come here by boat with more than 50 people aboard, when they reach their destination, they will be shot, or almost.

This bill flies in the face of the Universal Declaration of Human Rights. We need to secure our borders, but there needs to be an appropriate balance between security, openness, welcome and diversity. In Quebec, we understand that. If Canada wants to adopt this type of policy, then so be it, but as long as we are here in the House, we will vote vigorously against such policies.

Preventing Human Smugglers From Abusing Canada's Immigration System ActGovernment Orders

November 29th, 2010 / 12:40 p.m.

Fort McMurray—Athabasca Alberta

Conservative

Brian Jean ConservativeParliamentary Secretary to the Minister of Transport

Mr. Speaker, at the very start, the member mentioned that this was his country. I was interested to hear that because the member comes from a party of separatists, people who want to divide Canadians. What really attracted me to that was the statement that he took pride in this being his country and this being his law, whether he agreed to it or not. I respect the man for that. It certainly makes me quite happy to hear a separatist on that side of the House refer to Canada as his country and his law.

I do understand the member's position and, quite frankly, if one were to look at this part in isolation one could have that perspective. The member clearly understands that Canada is the number one country in the world and that people from every part of the world want to come to Canada. They see the quality of life here, which is the best in the world.

However, with a queue of five billion people, who decides on who gets through first? Is it the refugees or is it the people who have been playing by the rules, are in lineups and who want to be Canadian and want to take pride in being Canadian. Who are the people the member thinks should jump the line?

Preventing Human Smugglers From Abusing Canada's Immigration System ActGovernment Orders

November 29th, 2010 / 12:40 p.m.

Bloc

Daniel Paillé Bloc Hochelaga, QC

Mr. Speaker, the hon. member mentioned a few things, but I want to focus my response on the beginning of his question. Yes. I am here and over 50% of the people in the Hochelaga riding voted for the Bloc candidate. This is not the first time. They have been voting for the Bloc for 16 years. Yes, I pay taxes in Quebec and Canada and, as long as we are here and as long as Quebec decides to be a part of this country, we will have the right and obligation to be here. Everyone knows that our objective is to achieve sovereignty for Quebec in a democratic fashion.

I have one hope and that is to be the last member for Hochelaga in this House because we, the Bloc Québécois, want to build a country with which we can identify. We simply cannot identify with this bill. We cannot relate at all to the type of country they want to build. We want to build ourselves a nation and no one other than Quebeckers will tell us how to do it.

Preventing Human Smugglers From Abusing Canada's Immigration System ActGovernment Orders

November 29th, 2010 / 12:40 p.m.

The Acting Speaker Barry Devolin

The hon. member for Outremont.

Pardon me. Rather, the hon. member for Brome—Missisquoi has the floor.

Preventing Human Smugglers From Abusing Canada's Immigration System ActGovernment Orders

November 29th, 2010 / 12:40 p.m.

Bloc

Christian Ouellet Bloc Brome—Missisquoi, QC

Mr. Speaker, I would like to ask my fellow member if he thinks that this bill could result in exactly the same situation that occurred when 900 Jewish people arrived on the S.S. St. Louis and were denied entry into Canada. At that time, Canada, as well as other countries, said that a country should be built for these people because we did not want them here.

With a law like the one that is currently being prepared, does Canada intend to build countries for all the immigrants and refugees that it does not want and will it send them away? We know what happened with the Jews: they were killed.

Preventing Human Smugglers From Abusing Canada's Immigration System ActGovernment Orders

November 29th, 2010 / 12:45 p.m.

Bloc

Daniel Paillé Bloc Hochelaga, QC

Mr. Speaker, with all due respect, I urge you to never confuse the member for Brome—Missisquoi with the member for Outremont. It is embarrassing.

This weekend, there was a symposium in Montreal, and I remember one phrase in particular. People in Quebec often refer to themselves as tightly knit, but now that immigrants have come to Quebec, we tend to talk about being tightly woven, with new strands from elsewhere. People are learning to live together. That is how Quebec will be going forward.

Once again, Mr. Speaker, I think you should apologize to the member for Brome—Missisquoi.

Preventing Human Smugglers From Abusing Canada's Immigration System ActGovernment Orders

November 29th, 2010 / 12:45 p.m.

Conservative

Rick Norlock Conservative Northumberland—Quinte West, ON

Mr. Speaker, I am pleased to support Bill C-49, legislation that would protect the integrity of our immigration and refugee protection programs while also keeping our streets and communities safe for all Canadians.

I have listened with great interest to the comments of several hon. members and I appreciate this opportunity to set the record straight on a number of fronts.

Some have suggested that the legislation before us today goes too far. They have suggested that it might put so-called legitimate refugees in harm's way or somehow run counter to our international obligation to provide a safe haven for those individuals who are legitimate refugees.

This view is apparently not shared by several experts in the field, including Benjamin Perrin, an associate professor at the University of British Columbia's Faculty of Law and a Faculty Fellow at Liu Institute for Global Issues.

In a recent interview with CTV, Mr. Perrin was asked whether he felt that the tougher measures that our government was proposing to combat human smugglers may close an option for refugees seeking asylum. I would like to read his reply at length since it underlies our government's actions to strengthen Canada's immigration and refugee protection programs, as well as the bill before us today.

Mr. Perrin told CTV that he feels it is “incredibly dangerous that some organizations who claim they want to support refugees are in fact defending migrant smugglers”.

He went on to say that if Canada wants to increase the opportunities for refugees to come here, there were legitimate ways of doing it. He noted that the United Nations works with Canada to implement group processing. Canadians can be assured that people coming through a UN-certified refugee camp are, first, legitimate refugees and, second, they do not have a criminal or terrorist history.

Mr. Perrin added that, “If Canada wants to assist genuine refugees, then we should do it through co-operating and helping men, women and children come from long-term refugee camps to Canada rather than trying to be apologists for migrant smugglers”. What this expert is saying is that advocates for the status quo are nothing more than apologists for human smugglers.

Another expert in the field is Martin Collacott. Mr. Collacott is a counterterrorism analyst and a former Canadian high commissioner to Sri Lanka. With the indulgence of the House, I will directly quote Mr. Collacott who noted that Canada does accept a reasonable number of refugees each year but that the current system “is being massively exploited at great expense to Canadians at the present time”.

Some may find that acceptable but I do not and neither does our government nor a majority of Canadians.

Canadians want us to help those in need. They want us to maintain our humanitarian traditions and provide a safe haven for genuine refugees. This is what our government is doing through legislation such as the balanced refugee reform act, which would increase the number of resettled refugees by 20%, or 2,500 refugees per year.

What Canadians do not want is for Canada to become a prime destination for human smuggling operations and a place targeted by queue jumpers or those who wish to abuse our immigration system, as proponents of the status quo and opponents of the legislation before us today would suggest.

Bill C-49 would prevent human smugglers from abusing our immigration system while ensuring that Canada continues to maintain its humanitarian traditions and our international commitments to help legitimate refugees. It would do this in several ways.

Under the preventing human smugglers from abusing Canada's immigration system act, our government would crack down on human smuggling by: enabling the Minister of Public Safety to designate irregular arrivals and make those involved subject to the act's measures; making it easier to prosecute human smugglers; imposing mandatory minimum prison sentences on convicted smugglers; and holding shipowners and operators to account for use of their ships in human smuggling operations.

Under the amendments our government is proposing, we are also helping to ensure the safety and security of our streets and communities by establishing the mandatory detention of designated foreign nationals for up to one year or until a positive decision by the Immigration and Refugee Board, whichever comes sooner, in order to allow for the determination of identity, admissibility and illegal activity.

Furthermore, our government is also reducing the attraction of coming to Canada by way of a human smuggling operation by ensuring the health benefits participants receive are not more generous than those received by the Canadian public and enhancing the ability to terminate the protected person status of those who demonstrate that they are not in legitimate need of Canada's protection.

In addition, our government is detecting and deterring human smuggling overseas in several ways. We have appointed a special adviser on human smuggling and illegal migration. We are also conducting diplomatic outreach and partnering with other affected nations as well as co-operating with multilateral bodies such as the United Nations High Commissioner for Refugees.

The amendments our government is proposing are indeed tough, but they are fair. They are fair to Canadians and they are fair to those who play by the rules. The truth is that Canada's refugee resettlement program is one of the most generous in the developed world. Each year Canada resettles 10,000 to 12,000 refugees through its government assisted and privately sponsored refugee programs.

Globally, countries with resettlement programs resettle about 100,000 refugees from abroad each year, which means that Canada takes one out of every 10 refugees resettled. These refugees often spend many years, sometimes decades, in squalid refugee camps or urban slums in order to escape to Canada. Patiently they wait for a chance to immigrate to Canada legally.

As of October 2, 2010, there were more than 42,000 applications for refugee resettlement waiting in Canadian immigration offices around the world. Each of these applications represents a person or a family waiting to come to Canada. These refugees choose to wait for the chance to come to Canada legally rather than pay human smugglers to help them jump the queue. The Government of Canada appreciates their respect of our laws. In the fullness of time, that patience will be rewarded for many with a letter from Citizenship and Immigration Canada welcoming them to the Canadian family.

It is unfair to those seeking to come to Canada through legitimate legal means when others pay human smugglers to help jump our immigration queue. When this happens, Canada's immigration system becomes less fair and less balanced.

With this in mind, I urge all hon. members to support the legislation before us today so that Canada can continue to protect the integrity of our immigration and refugee programs and help legitimate refugees in need of sanctuary.

Preventing Human Smugglers From Abusing Canada's Immigration System ActGovernment Orders

November 29th, 2010 / 12:55 p.m.

Liberal

Scott Simms Liberal Bonavista—Gander—Grand Falls—Windsor, NL

Mr. Speaker, earlier one of the member's colleagues started out a speech by saying “unfairly penalizes legitimate refugees”. The comment was also made that the Conservatives want to protect those who suffer from human trafficking. Human trafficking is not just an international event, it is also a domestic affair that we need to address in a major way. Unfortunately, we have not had that debate yet which also is very important.

Regarding the policies the Conservatives say they have been doing, most of it has been compiled along the lines of enforcement, infractions and that sort of thing. When it comes to the actual legitimate refugee, as the Conservatives point out, the services available to the refugee are called into question and here is how it works.

Two years ago there was the temporary resident permit which allowed identified trafficked individuals to stay longer to receive services, not more than the average Canadian, and that I agree with. The problem is the services provided to them is under provincial jurisdiction to which most of them do not qualify. How does the government square that and how does it want to help someone who is a “legitimate” refugee?

Preventing Human Smugglers From Abusing Canada's Immigration System ActGovernment Orders

November 29th, 2010 / 12:55 p.m.

Conservative

Rick Norlock Conservative Northumberland—Quinte West, ON

Mr. Speaker, a legitimate refugee is a refugee who plays by the rules, as I mentioned in my speech.

There are many people around the world in countries where their human rights are abused. They want to come to Canada, so they escape to another country because, for various reasons, that is the closest country they can go to. These people are investigated by the United Nations, and Canada is a signatory to international conventions on the matter. At that time, they are vetted to make sure that they have no criminal or terrorist leanings, that they are legitimate and that their identity can be assured. Those are what we refer to as legitimate refugees, or perhaps a refugee who comes to Canada.

That is why we have this current legislation, so that we can make those determinations that they are not terrorists, that they are the persons they purport to be. That is what Canadians expect us to do in order to keep our communities safe.

Preventing Human Smugglers From Abusing Canada's Immigration System ActGovernment Orders

November 29th, 2010 / 12:55 p.m.

Conservative

Paul Calandra Conservative Oak Ridges—Markham, ON

Mr. Speaker, the hon. member raised a lot of good points in his speech and I want to commend him for outlining what the emphasis of the bill is.

What we are seeing here is the opposition members turning and twisting themselves into knots in order to stand not with Canadians but opposed to Canadians. The reality is that with this bill, as with every other bill we see in this place, the opposition members just cannot seem to bring themselves around to the point that Canadians want their sovereignty to be protected, that they want to be there to help people who need assistance.

I am wondering if the hon. member might have some insight into how the opposition can suggest that we should be proud as a country that we allow individuals to come to this country, we force them into these human smuggling ships where they pay $25,000, $35,000, $40,000, and they spend the rest of their lives trying to pay that off. Somehow the opposition is telling us that that is a good system, that we as Canadians should be proud because we are allowing that to happen.

Does he have any suggestions as to how it is possible the opposition could, in any way, support such a system without--

Preventing Human Smugglers From Abusing Canada's Immigration System ActGovernment Orders

November 29th, 2010 / 12:55 p.m.

The Acting Speaker Barry Devolin

Order. The hon. member for Northumberland--Quinte West.

Preventing Human Smugglers From Abusing Canada's Immigration System ActGovernment Orders

November 29th, 2010 / 12:55 p.m.

Conservative

Rick Norlock Conservative Northumberland—Quinte West, ON

Mr. Speaker, I would hope that in the end, after the debate is over, we come to the realization that Canada has one of the most generous immigration and refugee systems on the face of this good earth.

Canadians are a caring people, but we also, as a government, have a responsibility to make sure that we are fair to everyone, that we are fair to people who obey the international rules made by the United Nations, to which Canada is a signatory, and that we work within that system appropriately.

What I would say is that we can sit in this House and debate, but I have all kinds of quotes here from organizations from right across this country, and many from other countries, that represent refugees and are interested in the immigration system. They are saying that this is the right direction in which to go. We will work with the opposition and as long as we keep in mind the safety of Canadians, we will come up with an even better system.

Preventing Human Smugglers From Abusing Canada's Immigration System ActGovernment Orders

November 29th, 2010 / 1 p.m.

Liberal

Siobhan Coady Liberal St. John's South—Mount Pearl, NL

Mr. Speaker, I am pleased to participate in the debate on Bill C-49.

Bill C-49 seeks to crack down on human smugglers and deter individuals from coming to Canada who use these smugglers.

One of the primary concerns of government should be the protection, security and safety of the country's borders. However, we must balance security issues with those of human rights and civil liberties.

When legitimate refugee claimants arrive in Canada, and because of religious persecution, human rights atrocities, political tyranny, or some other defined category, some of them have a legitimate claim to make, as a result of our laws and international obligations, we must review their claim. If, based on merits of that claim, they meet the defined criteria, they are lawfully allowed refugee status in Canada.

Let us be under no illusions. We reject thousands of people every year, people who simply jumped the queue or were caught or those who made a refugee claim who did not meet the criteria, and we should. There are thousands of people who wish to live in our great country. It is not fair to them that others pay to be smuggled into Canada unlawfully.

However, Bill C-49 would create two classes of legitimate refugees: those who pay smugglers and those who arrive by some other means.

My hon. colleague from Etobicoke Centre raised what I thought was a very important point some weeks ago. The two most recent cases of large groups coming to Canada's shores were the Sun Sea in August and the Ocean Lady last October. Both carried Sri Lankans.

There were two other ships that came to Canada. One was the SS St. Louis back in 1939 which carried 937 European Jews. That ship was turned away and almost all of them lost their lives. In 1914 the SS Komagata Maru carried 354 Indians to Canada. That ship was also turned away, and many of those on board lost their lives.

I am sure that many of the people on both the St. Louis and the Komagata Maru paid a handsome sum for the chance to flee persecution. What would we do if that situation were to be repeated today? If Bill C-49 were law, would the ship's captain and crew be treated as criminals?

It is important to make a distinction between those who jump the queue and legitimate refugees. It is important because lives hang in the balance. It is important because this speaks to our fundamental values as a country that we seek to help those in need.

Human smugglers and anyone coming to Canada with terrorist or criminal links must be dealt with decisively. Migrants who are not legitimate refugees must be sent back to wait in line. However, Canada has the capacity and responsibility to assist refugees who are legitimately fleeing persecution.

The Conservatives have torqued up the arrival of the refugee boats and are purposely referring to immigrants and refugees interchangeably to divide Canadians. This is an important issue where partisan politics must be put aside so we can address how to handle future cases of migrants who have been smuggled into Canada versus future cases of refugees fleeing their homeland.

Any response must strike the right balance between catching and punishing human smugglers who are illegally profiting from human suffering while respecting our international obligations to be a safe harbour for legitimate refugees fleeing persecution.

I would like to discuss some of the specifics of Bill C-49 that I find of interest.

Although the status quo must be adapted to address new realities, the existing Immigration and Refugee Protection Act already has quite severe penalties for human smuggling, including up to $1 million in fines and a maximum of life imprisonment for smuggling more than 10 people.

Bill C-49 would increase the scope of the anti-smuggling provisions and impose new mandatory sentences to serve as a further deterrent. I wonder if they actually would serve as a deterrent or if the increased cost of doing business would simply be passed along to the migrants who would have to pay even more money to smugglers.

Also, a number of critics have raised the question about whether deterrents like mandatory minimums or increased fines would have any effect without increased resources to law enforcement to investigate and prosecute the individuals who profit from smuggling.

The government claims that the legislation gives the Minister of Public Safety discretion to designate the arrival of a group of individuals who entered Canada in a manner that runs contrary to Canada's immigration laws as a human smuggling event. However, there is nothing in the legislation that deals with a human smuggling event. The legislation deals with the designation of an irregular arrival. This provision does not apply simply to mass arrivals by boat. It applies to all groups, two or more people, designated under either of the two very broad criteria that could apply to the vast majority of refugee claimants.

The discretion regarding such a designation would be extremely broad. According to the government's own material, it would include any group arrival where examinations relating to identity and admissibility of the persons involved in the arrival and other investigations could not be conducted in a timely manner, or if the minister had reasonable grounds to suspect that the arrival involved organized human smuggling activity for profit or support for criminal organizations or terrorist groups. Designated individuals would be subject to different detention rules and processing at the Immigration and Refugee Board, with restrictions on permanent residence, travel, and family sponsorship.

Bill C-49 appears to give a lot of discretionary power to the minister and the cabinet. Discretionary power, as we know, is sometimes susceptible to abuse.

Amnesty International says the bill violates the 1951 refugee convention, the International Covenant on Civil and Political Rights, and the Convention on the Rights of the Child.

The Canadian Council for Refugees states that many of the measures in Bill C-49 fail to honour our obligations toward refugees and will result in refugees being treated unfairly.

Many other organizations have voiced legitimate concerns. I am wondering how much consultation the government engaged in before drafting the bill and submitting it to the House.

While I appreciate the intent of the legislation and recognize the very serious challenges that law enforcement and our immigration officials face, clearly a number of areas of concern will require significant review and debate. I look forward to hearing more of that debate from all of my hon. colleagues.

Preventing Human Smugglers From Abusing Canada's Immigration System ActGovernment Orders

November 29th, 2010 / 1:05 p.m.

Liberal

Derek Lee Liberal Scarborough—Rouge River, ON

Mr. Speaker, I thank my colleague for her informed and balanced remarks.

My constituents seem to be telling me that we need legislation in this area. As always, however, the devil is in the details.

In her remarks the member referred to the apparent increase in regulatory discretion being given here to the Governor in Council. Clause 4 of the bill would remove from the scrutiny of Parliament some of the regulatory orders made by the Governor in Council. It simply says that an order passed is not a statutory instrument for the purposes of the Statutory Instruments Act.

As everyone here should know, Parliament reviews every regulation passed. Why should it be the case in this instance that Parliament should not review a regulation after the fact, particularly when it relates to the freedoms and liberties of the individuals involved and when this provision itself would remove that regulation even from the scrutiny of the justice department?

Preventing Human Smugglers From Abusing Canada's Immigration System ActGovernment Orders

November 29th, 2010 / 1:10 p.m.

Liberal

Siobhan Coady Liberal St. John's South—Mount Pearl, NL

Mr. Speaker, my hon. colleague is very wise in the law. I respect his opinion greatly when it comes to specific areas of this particular law. I think he raises a very legitimate concern that speaks to this whole bill.

Is this bill actually addressing the concerns we have? Is it not raising more issues, such as the one my hon. colleague raised about the supremacy of the House of Commons? We should be looking at how we can improve the legislation. We should be cracking down on human smugglers and stopping boats from transporting desperate people in an unsafe way. However, the Conservative proposals perhaps would not do that.

I think what my hon. colleague raises about the supremacy of Parliament gives us one instance of the concerns in the bill.