Bill C-31 (Historical)

Protecting Canada's Immigration System Act

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

This enactment amends the Immigration and Refugee Protection Act and the Balanced Refugee Reform Act to, among other things, provide for the expediting of the processing of refugee protection claims.
The Immigration and Refugee Protection Act is also amended to authorize the Minister, in certain circumstances, to designate as an irregular arrival the arrival in Canada of a group of persons and to provide for the effects of such a designation in respect of those persons, including in relation to detention, conditions of release from detention and applications for permanent resident status. In addition, the enactment amends certain enforcement provisions of that Act, notably to expand the scope of the offence of human smuggling and to provide for minimum punishments in relation to that offence. Furthermore, the enactment amends that Act to expand sponsorship options in respect of foreign nationals and to require the provision of biometric information when an application for a temporary resident visa, study permit or work permit is made.
In addition, the enactment amends the Marine Transportation Security Act to increase the penalties for persons who fail to provide information that is 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 in respect of vessels that fail to comply with ministerial directions and authorizes the making of regulations respecting the disclosure of certain information for the purpose of protecting the safety or security of Canada or Canadians.
Finally, the enactment amends the Department of Citizenship and Immigration Act to enhance the authority for the Minister of Citizenship and Immigration to enter into agreements and arrangements with foreign governments, and to provide services to the Canada Border Services Agency.

Bill C-31—Time allocation motion

[Jason Kenney, Conservative, Calgary Southeast, AB]

Madam Speaker, I can. In fact, there is a very clear and compelling deadline that we are rapidly approaching which requires the rapid adoption of Bill C-31, the protecting Canada's immigration system act.

In the last Parliament, the 40th Parliament, this place adopted then Bill C-11, the balanced refugee reform act, that included major revisions to Canada's asylum system which are scheduled to come into force by June 29, 2012.

Since that time, we have seen the growing problem of both human smuggling and a large and growing wave of unfounded asylum claims particularly coming from the European Union. Therefore, we have concluded that it is necessary to strengthen the asylum reforms and adopt measures to combat human smuggling. That is why we have had to delay the coming into force of the balanced refugee reform act from the last Parliament. To be blunt, we are not in a position to implement the new system contemplated in Bill C-11 in the 40th Parliament. If we do not adopt this legislation, if it does not receive royal assent by June 29 of this year, a new law will come into effect that the appropriate administrative agencies, such as the IRB, are not yet ready to put in place.

I would point out to my hon. colleague that this bill has received 13 days of debate, 47.5 hours of debate and 130 speeches at second reading and report stage. It had 15 committee meetings with over 43 hours of committee study and 109 witnesses. It was preceded in a previous Parliament by Bill C-49,, which had many similar provisions including 3 days of debate, 10 hours of debate and 30 speeches.

In fact, this bill and most of its provisions have received an enormous amount of debate and consideration both in this place and at committee. There is a deadline with a great deal of urgency that we adopt this by June 29.

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

moved

That in relation to Bill C-31, An Act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act, the Marine Transportation Security Act and the Department of Citizenship and Immigration Act, not more than one further sitting day shall be allotted to the consideration of the report stage and one sitting day shall be allotted to the third reading stage of the said bill and, fifteen minutes before the expiry of the time provided for government business on the day allotted to the consideration of the report stage;

and on the day allotted to the third reading stage of the said bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the bill then under consideration shall be put forthwith and successively without further debate or amendment.

Citizenship and Immigration

[Ted Hsu, Liberal, Kingston and the Islands, ON]

Mr. Speaker, the second petition calls upon the government to withdraw Bill C-31 because it is not fair to all refugees. It restricts appeals and gives too much discretion to the minister.

Bill C-31—Notice of time allocation motion

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

While I am on my feet, I will advise that Bill C-31, protecting Canada's immigration system act, has been debated on six days in the House and there have been over 80 speeches. That is in addition to over a dozen committee meetings where members studied the bill. Yet even with all of that debate and study, I must advise that an agreement has not been reached under the provisions of Standing Order 78(1) or 78(2) concerning the proceedings at report stage and third reading of Bill C-31, An Act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act, the Marine Transportation Security Act and the Department of Citizenship and Immigration Act.

Under the provisions of Standing Order 78(3), I give notice that a minister of the crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at those stages.

Citizenship and Immigration

[Andrew Cash, NDP, Davenport, ON]

Mr. Speaker, the second petition is a Toronto-wide petition with regard to Bill C-31. As we know, over half of those who live in Toronto were born outside of Canada.

This bill strikes at the heart of the very foundations of who we are as a country. The fact that this bill would tear families apart is of deep concern to members of my riding and people right across the country. Jailing refugees for six months without the possibility for appeal, forcibly separating refugees from their families for at least five years, dividing refugees into tiers based on their country of origin, unnecessarily punishing them as a result and expanding ministerial powers to shape legislation by removing parliamentary oversight and access to an appeal process are just some of the things in Bill C-31 that people right across the city of Toronto have deep concerns about.

It is an honour for me to present this petition on their behalf.

Opposition Motion--Komagata Maru Incident

[Rathika Sitsabaiesan, NDP, Scarborough—Rouge River, ON]

Madam Speaker, on May 23, 1914, the ship, Komagata Maru, arrived in Burrard Inlet near Vancouver with 376 passengers aboard from British India. At that time, Canadian immigration officials enacted regulations to block immigrants from India from being admitted to Canada. Immigrants were required to come by continuous journey from their country of birth and enter with at least $200 cash each. This continuous journey regulation did not mention race or nationality and, on the surface, seemed fair and applicable to all immigrants. However, it was an open secret that the regulation was intended to be applied primarily to people from British India.

When the Komagata Maru arrived onshore, Canadian immigration authorities did not permit passengers to leave the boat, claiming that they could not be admitted until officials had determined if they met the requirements of the continuous journey regulation. Since they were refused permission to land, the passengers lived aboard the ship for two months, like prisoners, continuously threatened by famine and disease. For the entire two months, the passengers of the Komagata Maru, the Indian community in British Columbia and Canadian immigration authorities were engaged in a heated legal battle about the passengers' right to enter Canada.

At the end of the two months, only 20 passengers were given permission to stay in Canada and, on July 23, 1914, the Komagata Maru was forced to leave Canadian waters. When it returned to Calcutta, India, 19 passengers were shot by the British Raj.

This tragedy was a major embarrassment for the Canadian government of the day, and even today it reminds all Canadians and particularly Canadians of South Asian heritage of past injustices.

The Komagata Maru tragedy is a reminder of a policy of exclusion for immigrants based on the unjust basis of culture, religious belief and skin colour.

Madam Speaker, I will be sharing my time with the member for Newton—North Delta.

Despite the prejudice and hostility in Canada that the Komagata Maru story exemplified, the South Asian community has survived and prospered in Canada. The community emerged in the 1980s with a positive and confident outlook, and today in a more tolerant and compassionate Canada, the Komagata Maru remains a powerful symbol of unjust discrimination.

Despite Canada's proud tradition of protecting refugees, the country has not always been generous toward those in need of protection. However, we have learned painful lessons from our history and, since then, Canada has set an international gold standard for how we treat and welcome asylum seekers and refugee claimants.

This was our reputation until the current government began to reform our refugee and immigration system and change the way we treat asylum seekers to a regressive level similar to what was seen at the time of the Komagata Maru. By ramming through Bill C-31, people who flee a country and arrive by boat, like the Komagata Maru, would not be permitted to land in Canada. However, once they step foot on Canadian soil, they would be detained, some in provincial prisons, and treated like common criminals.

This tragedy of the Komagata Maru shows us where we went wrong and where we should never return. However, as we are witnessing with Bill C-31, it is becoming yet another example of Canada failing to learn from the mistakes of the past. This is one perfect example of immigration laws gone wrong and resulting in the unnecessary loss of human life.

As a country, we need to ensure that immigration reform will not result in any more loss of human life. Unfortunately, I do not think this will be the case should Bill C-31 pass.

The tragedy of the Komagata Maru is a dark chapter in Canadian history and this dark chapter must finally be closed. The people of the South Asian community deserve closure for this trauma so that the process of healing and reconciliation can begin. What better time to acknowledge this fact than during the month of May, Asian Heritage Month, and mere days before the anniversary of this tragic event?

In 2008, the Prime Minister attended an outdoor cultural festival in Surrey, B.C. where people were led to believe that he would announce the date of a formal apology. Rather than listening to the festival organizers who advised that an apology from the state would be ill-received at this park, the Prime Minister chose to issue an apology anyway. This apology was widely regarded as rude, insincere and disrespectful.

A dignified official apology for the Komagata Maru tragedy is long overdue. By refusing to formally apologize for the Komagata Maru incident, the Conservatives have essentially created two different levels of apologies for historic wrongs. This is wrong.

Without an apology in Parliament, there is no official acknowledgement that what Canada did was wrong. The South Asian community in Canada deserves a respectful acknowledgement of this historic wrong.

Today, as we remember how Canada treated the Komagata Maru in 1914 and we commit to learning from our past, we ask the government to officially apologize in the House of Commons to the South Asian community and to the individuals impacted in the Komagata Maru incident.

Protecting Canada's Immigration System Act

[Don Davies, NDP, Vancouver Kingsway, BC]

Mr. Speaker, I rise today to speak to Bill C-31, a bill that dramatically changes the refugee system in Canada and, in my respectful view, does so for the worst.

I was our party's immigration critic when the bill was introduced some three short months ago. Following the introduction of the bill, I was inundated by ordinary Canadians and stakeholders alike who were worried and shocked about what the government was proposing.

It is no exaggeration to say that the bill is opposed by every major stakeholder group in the country. Churches, doctors, immigration lawyers, settlement service organizations, academics, refugee groups, cultural organizations and refugees themselves.

Rarely has a bill been so roundly condemned by so many. Why? Because it is readily apparent to anybody who studies this omnibus legislation that the bill is unconstitutional, punitive to refugees and will be completely ineffective in deterring human trafficking.

I am extremely disappointed to be back here at report stage after the Standing Committee on Immigration and Canadians heard many hours of very trenchant and damning testimony. I am disappointed to see that the government has ignored the recommendations of over 40 witnesses representing the full spectrum of the immigration community, who warned about the damaging and misguided effects of the bill.

I am referring to witnesses such as the Canadian Pediatric Society and psychologists who warned of the effect that mandatory detention would have on refugees who had been traumatized by persecution, violence, torture or other atrocities.

The government has ignored this testimony and is moving forward with this backward approach. Most telling, those same groups testified about the particularly damaging effect that detention had on children, whom the bill would also see in detention.

I think of the testimony of Peter Showler, Lorne Waldman and other members of the Canadian Association of Refugee Lawyers, probably the most knowledgeable group of people in the country on refugee law. Peter Showler used to be the head of the Immigration and Refugee Board. They testified that the accelerated timelines to make refugee claims would be impossible to meet in an adequate manner. In their testimony and their experience hearing cases, this would lead to mistakes and decisions not to grant asylum to bona fide refugees.

I want to pause to say this. Rarely is a mistaken decision more damaging and dangerous than a mistaken decision in a refugee determination case. To be refugees, they have to show that they have a well-founded fear of persecution. This often means they are fearing for their lives. Therefore, a wrong decision could lead to a deportation of someone back to a country where that person might face torture, persecution and death.

That has happened. In the past year there have been cases. There was a case recently of a Mexican refugee claimant denied here, sent back to Mexico, who then was murdered by her ex-husband, a police officer, whom she claimed persecuted her.

Those lawyers also spoke of the provisions for mandatory detention, arbitrary designation of irregular arrivals, denial of appeal to certain classes of refugees and ignoring the best interests of children, all of which went against our Constitution and international conventions alike. The government, unfortunately, ignored that expert testimony.

I think of the testimony of Gina Csayni from the Roma Community Centre in Toronto, who spoke of the real human rights violations and systemic discrimination in Europe. She spoke about how Roma refugees would be negatively affected by having EU countries designated as safe. She spoke about how disheartening and insulting it was to hear our Minister of Citizenship refer to them as bogus and she explained why he was wrong.

I want to pause there and say that we are all very intimately familiar with the persecution, the genocide, against the Jewish people in World War II. What is less commented upon is the fact that Roma, along with the disabled, were also targeted for their ethnicity, rounded up, tortured, medically experimented upon, detained in concentration camps and murdered simply because they were Roma.

This is not just any ethnic group. It is an ethnic group with a history of being the victims of genocide in Europe. There is absolute rock-solid evidence that Romas still face persecution, and states are unable to protect them even today.

The government ignored that testimony. In fact, it doubled down and continued to use inflammatory language referring to Roma refugees as bogus.

We heard from Chris Morrissey and Sharalyn Jordan from the Rainbow Refugee Committee and others who spoke about how the so-called safe country determination process threatened LGBTQ refugees specifically. Over 100 countries of this world have some form of legislative discrimination against the LGBTQ community, including death in some countries.

Again, the government plows forward as though these stakeholders never spoke.

Experts from Australia, a country the government likes to selectively quote from when its adopting policies it likes, testified that the draconian rules that the government was imposing to try to deter human smuggling—that is, rules that direct punitive elements at refugees—had no deterrent effect at all. Australia has adopted the same procedure that this bill would, and there has been no diminution of refugee claimants coming to the shores of Australia since it adopted those rules years ago. The government ignored that evidence.

The government did make two important changes, and it is important to point that out because it shows what an effective official opposition can do and it shows when parliamentary committees work.

Witnesses and opposition members warned about the impact of clauses 18 and 19. These clauses would allow the minister, through the IRB, to strip permanent residence status from people who had been living in Canada for many years on the basis that conditions had improved in the countries they fled.

The minister said repeatedly that this was not his intention. Actually he went much further than that. He said that the bill categorically did not have this effect. He vociferously and arrogantly derided members of Parliament and stakeholders who brought up the subject. In the end, however, he realized and acknowledged that he was wrong, that he did not understand the effect of the bill that he wrote. He has still not apologized for the vitriol and derision with which he so wrongly defended these clauses.

The other change that the government agreed to was to require a review for the mandatory detention at 14 days and at six months. This came after witnesses, including witnesses sympathetic to the government, had a consensus that this provision was blatantly unconstitutional, as the New Democrats pointed out for months.

This means that the government put forward a bill and could not find one expert in the whole country who deemed it to be charter compliant. This is shocking.

I would also point out the intransigence of the minister who insisted throughout that this bill was constitutional, repeatedly, only in the end to find out, just like the official opposition said and the stakeholders said and the legal community testified, it was not constitutional.

This change notwithstanding, experts still believe other provisions make this bill unconstitutional and we may be tied up in the courts for years figuring that out.

I want go back to the beginning and ask this question. Why this bill? Why does the government insist on going forward with the bill when many of the problems the government claimed to address were already dealt with in the previous Parliament in Bill C-11? We dealt with them when all parties, the Conservatives included, came together and passed the Balanced Refugee Reform Act. We all recognized that the refugee determination system was slow and we put forward reasonable solutions to this problem.

The minister stood in this very House and praised Bill C-11. He said that the amendments that were worked out by all parties in the House made the system faster and fairer and he called that legislation “a monumental achievement”.

When I asked the minister whether he was wrong then or wrong now, he said that he was wrong then. Well, that may be honest, but it does not inspire confidence and it raises serious questions about the real motive behind this bill.

Why would the Conservatives throw a bill in the trash can, a bill that the minister praised, and reintroduce a bill that in previously unamended form was inferior? Even the Minister of Immigration said that.

One part that still puzzles me is the minister's insistence to give himself the power to unilaterally declare a country to be safe. Under Bill C-11, designated persons still have the right of appeal to the Refugee Appeal Division. Under this legislation they do not. Under the previous legislation the minister had to consult with a panel of experts before determining a country to be safe. Under this bill he does not.

On television the minister said that he had run simulations that showed the system under the previous bill would not work. However, when I have asked for the data from these simulations, even under access to information, the minister cannot produce that information.

There is no need for this bill. Canadians know it. The official opposition knows it. The immigration community knows it. The government should withdraw the bill now before serious damage is done to refugees and Canada's reputation as a compassionate country.

[Don Davies, NDP, Vancouver Kingsway, BC]

Mr. Speaker, my hon. colleague raised the concept of designated safe countries, where the minister can select a country and designate it as safe. The result of that is refugee claimants from that country would have certain rights denied them, like the right to appeal to the refugee appeal division.

In Bill C-11, which preceded this bill, the minister agreed to the concept of having an independent commission made up of a couple of human rights experts who would also have to agree on the minister's decision. The minister himself said that this made the process more transparent and accountable, yet in Bill C-31 the minister has taken that out.

Could the member explain why the Minister of Immigration does not want to have an independent panel as a protection to ensure that a designated safe country is proper instead of leaving that decision solely to a minister of the crown with no independent oversight? Why is that?

[Wladyslaw Lizon, Conservative, Mississauga East—Cooksville, ON]

Mr. Speaker, it is with great disappointment that I rise to speak to the amendments put forward by the opposition at report stage. I say “disappointed” because the opposition is playing exactly the sort of petty and blind partisanship that turned Canadians off politics. It is important to explain to Canadians the negative consequences that would result if these opposition amendments were adopted.

The opposition will not admit it, but Canadians know that Canada's immigration and refugee system faces challenges and is open to abuse. The protecting Canada's immigration system act would make Canada's refugee system faster and fairer. This bill would put a stop to foreign criminals, human smugglers and refugees with unfounded claims from abusing Canada's generous immigration system. At the same time, this bill would provide protection more quickly to those who are truly in need. Canadians take great pride in the generosity and compassion of our immigration and refugee programs, but they have no tolerance for those who abuse our generosity and seek to take unfair advantage of our country. The facts speak for themselves. Canada welcomes more resettled refugees than almost any country in the world. In fact, we are increasing that number by an additional 20%. Our tradition of compassion and protection will continue and will grow.

However, our immigration system is open to abuse. Every year, thousands of bogus refugee claimants come to Canada. They choose to file bogus refugee claims in the hope that their lengthy processing times and endless appeals will result in their obtaining permanent residence in this country. Immigrants to Canada, like me, are very welcoming and fair but we have no tolerance for people from safe countries who abuse our refugee system as a way to jump the queue and get into Canada without having to wait and follow the proper process like everyone else. We have no tolerance for those who take unfair advantage of our generosity.

It is unfortunate, but not surprising, that the opposition parties, NDP and Liberals, conveniently ignore the facts when they speak against Bill C-31. The amendments they introduced at the report stage prove that. These amendments show that the opposition members continue to ignore the facts that underscore the need for this important piece of legislation and undermine the opposition's criticism of it.

These are the facts. In 2011, Canada received 5,800 refugee claims from the European Union alone, a 14% increase from 2010. That means that a quarter of all refugee claims were from the democratic European Union, where human rights are respected. That is more than Africa and Asia. Canada's top source country for refugee claims was Hungary, an EU member state. In fact, in 2011 Canada received 4,400 refugee claims from Hungary alone. In comparison, Belgium received only 188, the U.S. only 47, and France and Norway only 33 each. It is very telling that in 2010, Hungarian nationals made a total of 2,400 refugee claims around the world and 2,300 of those claims were made in Canada. That means that only 100 refugee claims were made in other countries around the world. Canada received 23 times more than all other countries combined.

What is more, in the past few years virtually all of these claims were abandoned, withdrawn or rejected. The majority of these claimants chose to abandon or withdraw their claims, a clear sign they were not in need of Canada's protection. These claimants are, by definition, bogus. They are paid for by hard-working Canadian taxpayers. Canadian taxpayers pay upwards of $170 million per year for these bogus claimants from the European Union. Taxpayers fund their welfare, their education and their health care. Hard-working taxpayers are sick and tired of footing the bill for bogus refugee claimants who abuse the system at everyone else's expense. Too many tax dollars are spent on bogus refugees.

Bill C-31 would put a stop to this abuse. Allow me to illustrate. The bill would help speed up the refugee claims process in a number of ways. It would challenge the designated country of origin policy and enable the government to respond more quickly to increases in refugee claims from countries that generally do not produce refugees. Claimants from designated countries of origin would be processed in about 45 days compared to more than 1,000 days under the current system. The less time claimants spend in Canada awaiting a decision, the less incentive there is for people to abuse our generous asylum system and use it to jump the queue in the regular immigration process. Bill C-31 would also stop the ability of bogus claimants to use endless avenues of appeal to remain in Canada, receiving generous taxpayer-funded health care and social assistance benefits.

Bill C-31 would prevent refugee claimants from submitting a refugee claim at the same time as they apply for humanitarian and compassionate consideration. It would also bar claimants from submitting humanitarian and compassionate applications for one year following a final negative decision from the IRB. In addition, under the balanced refugee reform act, individuals with a final negative decision from the Immigration and Refugee Board would be barred from applying for a pre-removal risk assessment for 12 months.

Taken together, these measures send a clear message to those who seek to abuse Canada's generous refugee system. Those who do not need our protection would be sent home quickly. They would not be allowed to remain in Canada by using endless appeals to delay their removal. At the same time, for those who need refuge, these measures would help to get protection even faster. Every eligible asylum claimant would continue to get a fair hearing by the Immigration and Refugee Board. Again, even with these needed changes, Canada's refugee determination system would remain one of the most generous in the world.

Human smugglers are criminals who operate in the underworld and charge large amounts of money to facilitate illegal immigration. The protecting Canada's immigration system act would help crack down on these smugglers in a number of ways. It would enable the Minister of Public Safety to designate the arrival of a group of individuals into Canada as an irregular arrival. It would establish mandatory detention of those individuals in order to determine their identity, admissibility and whether or not they have been involved in illegal activities.

As my hon. colleagues know, the detention provisions in Bill C-31 were recently amended and now reflect that the first detention review would occur within 14 days and subsequent reviews every six months.

I note that NDP members supported these amendments at the committee but now they are trying to gut the very amendments they supported. This is more proof that their main goal is to play games rather than work in good faith in the best interest of Canadians.

As before, a person would be released before this time upon being found to be a genuine refugee. As an additional safeguard, the Minister of Public Safety, on his own initiative, at any time, can also order the release of a detained individual when grounds for detention no longer exist. Mandatory detention would also exclude those designated foreign nationals who are under the age of 16.

The government is sending a clear message that our doors are open to those who play by the rules, but we will crack down on those who threaten the integrity of our borders. With these proposed measures, the integrity of Canada's immigration programs and the safety and security of Canadians would be protected.

Unfortunately, by introducing these irresponsible amendments, the opposition has shown that it does not support strengthening the immigration system. It has shown that it does not support genuine refugees getting protection more quickly or protecting hard-working Canadian taxpayers from having to foot the bill for bogus refugee claimants and human smugglers.

I urge the opposition to stop playing games, listen to the will of their constituents and vote against these amendments.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, there might be a bit of irony here. Today we are debating Bill C-31 which, in good part, is before us because of two boats that came to Vancouver, the member will recall, the Sun Sea and the Ocean Lady.

Now, if we go back to 1914, the Komagata Maru is a boat that came from Asia and was never allowed to land, and we are going to debate that issue tomorrow. People within the Liberal Party and, I suspect, New Democrats and Conservatives would ultimately argue that was a mistake, yet if we listen to what the minister said today in his presentation, he said that is not the way to come. People do not come to Canada via boat; they have to come through legitimate means.

Does the member agree that there is some irony there? Tomorrow we are going to be apologizing to the Indo-Canadian community because of the way we treated some 376 individuals who, back in 1914, attempted to land here, yet we just had a minister, and others, say that this is not the way to come to Canada and that they want to prevent that.

[Rick Dykstra, Conservative, Parliamentary Secretary to the Minister of Citizenship and Immigration]

Mr. Speaker, I am not sure whether the last four minutes of that speech had anything to do with Bill C-31. It had a lot to do with HRSDC, but it had nothing to do with citizenship and immigration or public safety. I appreciate the member speaking about policies that do not relate to the bill.

In any event, I would like to get his response to one thing that is paramount and that he did not speak to.

The NDP has tried to make hay of the fact that, as they say, there are no issues in there that would actually get at the smugglers themselves, in terms of being tough on them.

When we look at the bill itself, there is failure to file to pre-arrival information--our amendments would make it much more difficult for them, from a criminal perspective—as well as failure to comply with ministerial direction and providing false and misleading information. All of these would be tougher on those who have the nerve to smuggle people into this country.

I wonder if the member would say why he will not be supporting the piece of this legislation that would get tough on smugglers who try to bring people into this country and who take advantage of them by taking the money right out of their pockets.

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

Mr. Speaker, I rise today on behalf of the good residents of York South—Weston, my constituents, to try to make some sense out of what is happening but I am afraid I am not able to make sense of it.

A bill has already been passed by Parliament to do what the Conservatives have been saying these past many months, since Bill C-4 and now Bill C-31 have come before us. Bill C-11 will take effect. For whatever reason, its implementation was delayed until June of this year, but it will take effect and it will solve the problem of 95% of refugee claimants from some European countries actually abandoning their claims because the provisions in Bill C-11 do precisely what the government says Bill C-31 would do. Therefore, what is the purpose of Bill C-31? It is really to put more control in the hands of the minister by making the minister solely responsible for determining which countries are safe and which are not.

That leads one to speculate wildly about what possible reason it could have for putting such control in the hands of the minister. We could speculate that it might have to do with the Department of Foreign Affairs or with giving favoured nation status in return for trade agreements. I have no idea. The problem is that we are rushing ahead with a bill that does the same thing as another bill already does. When we examine the difference, it is that the minister would have the power. It does not make sense. The portion of the bill that is new is the part that supposedly deals with human smuggling.

I was listening today to the U.S. ambassador, Luis CdeBaca, who is the head of the U.S. task force on human trafficking. So as we do not get confused, human trafficking and human smuggling are two different things. Human trafficking is engaging in slavery practices in other countries in the world and in countries close to home. What he said made me realize that had the kinds of things the Conservatives are proposing here been in place years ago, they would have prevented the praise that the U.S. ambassador gave us this afternoon.

He said that he was proud of the fact that Canada was one of the very first countries to abolish slavery. In fact, Canada accepted refugees from none other than the United States. Those refugees came to my former hometown of Windsor through the underground railroad. If this law had been in place, who knows what would have happened to those individuals who are now the ancestors of many prosperous and well-deserving families of this country, some in my riding? Those individuals could possibly have been detained in jails for up to a year and prevented from supporting or sponsoring their families. It beggars belief to imagine a regimen similar to what is being proposed by the government to deal with a supposed irregular arrival problem by detaining refugees.

We have heard the government say over and over again that it is on the side of the victims. This is making victims pay. These individuals are the victims of a crime. That crime is perpetrated by the smugglers and yet the government's reaction is to punish the victims. They are the only people it can get its hands on, because the smugglers have long gone, so it punishes them.

I have heard the Minister of Justice suggest that once people know that Canada's laws are such that it is not welcoming and victims will be punished, it will dry up the supply. It is a supply side economics argument, which we have heard a lot from the government, that it will dry up the supply of potential victims of crime.

The problem with that is that there are not a lot of Canadians who read the Criminal Code before they commit a crime, and I doubt very much that there are a lot of people in Somalia, Sri Lanka, or wherever these people come from, who have an opportunity to read Canada's immigration legislation to determine that they will go to jail if they pay someone $10,000 to bring their family over to Canada. That is just not going to happen. We do not publish our legislation in all the languages that might be spoken in these countries either. It is just strange.

In addition to those victims being punished, the minister is suggesting that we will not have to worry because the government will deal with refugee claimants from countries that he has designated as safe countries—he or she, depending on who the minister might be. The minister will determine which countries are safe, and people from those countries will be booted out of this country really fast if they are not true refugees. How do we determine whether they are true refugees? We do that by giving them a chance to plead their case within 14 days. They then have no access to appeal and no access to the refugee appeal division.

There are in fact two classes of refugees. There is a class of refugees who come from countries that the minister has not designated, and we do not know which countries those are yet, and there is a class of refugees who are legitimate refugees in every sense of the word, but who come from countries that the minister designates as safe. They, therefore, would have only one kick to get their suggestion that they are refugees before a tribunal and they have no access to the refugee appeal division. The minister has stated on several occasions that they could file an application in Federal Court. The trouble is that they will be deported long before an application in the Federal Court goes anywhere.

The other thing that bothers me about the attitude of the government toward the whole refugee system is that the minister has suggested on several occasions that he is upset that refugees skip over other countries before they come to Canada, that they should go somewhere else, that they should not come to Canada. I am proud of the fact that they want to come to Canada. We all should be proud that we have such a welcoming and such a wonderful mélange of all the countries of the world that people feel comfortable in coming to Canada. We should not force refugees to go somewhere else simply because they happen to pass by another country on the way. That smacks of a being reluctant to take refugees in the first place, although I know that possibly is not what the minister meant.

The minister also talked about jumping the queue. He does not want refugee claimants to be in a position to jump the queue ahead of legitimate immigrant applicants. He has now created the biggest immigrant queue-jump in the history of this country by eliminating what might be 300,000, and I am not sure of the exact number, legitimate applications for immigration to this country with the stroke of a pen and putting everyone else ahead of those people. Every other applicant to this country would now jump the queue if they applied post-2008, or whatever the year was that it was changed. Those individuals have jumped the queue and the rest must start again. That is so wrong, yet the minister says that he does not like queue-jumpers. He is talking out of both sides of his mouth.

The other issue that covers this whole immigration thing is the issue of temporary foreign workers. It is another example of the doublespeak we get from the government about how it wants to welcome refugees and welcome new Canadians, but we will now have a situation where temporary foreign workers are being allowed into this country and will be paid 15% less than everybody else. That will drive down wages. The minister says that it is only for those jobs where we have a shortage. We know there are jobs out there. Airline pilots are being brought in as temporary foreign workers. There is no shortage of airline pilots in this country, but we have companies bringing airline pilots to this country as temporary foreign workers, and now they can pay them 15% less. That is just going to drive down wages in this country.

Those are the kinds of immigration policies that we do not agree with, including this bill.

[Bernard Trottier, Conservative, Etobicoke—Lakeshore, ON]

Mr. Speaker, on the topic of Hungary, we do accept legitimate refugees. However, it is a fact that 95% of refugee claims from Hungary were just abandoned, suggesting that these people were not genuine refugees. They did not have the fear to actually pursue their refugee claim in Canada so they just abandoned it and disappeared into the system.

What we are trying to strengthen through Bill C-31 are those kinds of situations where it is clearly a fraudulent refugee claim used to exploit Canada's generous refugee and immigration system. By doing biometrics, by putting the other elements of Bill C-31 in place, we will address those issues.

[Bernard Trottier, Conservative, Etobicoke—Lakeshore, ON]

Mr. Speaker, the member for Newton—North Delta is very engaged when it comes to immigration issues.

I will get back to the point I was trying to make about biometric identification because it is really part and parcel of the whole immigration bill. When the opposition members are looking to gut the whole bill, they will cut the biometrics, even though they say that they agree with that as a tool.

I will just remind the hon. member about the things we are trying to address here. We are trying to improve relations with safe countries so that we can facilitate travel into this country. I will take the example of Hungary. We received over 4,400 refugee claims last year from Hungary alone. Enacting Bill C-31 will allow us to streamline travel, not just with Hungary but with the entire European Union.

It is really important that the biometric pieces of the bill be passed, along with everything else in the bill, including the turning back of refugee claimants from safe countries.

[Bernard Trottier, Conservative, Etobicoke—Lakeshore, ON]

Mr. Speaker, I am very pleased to rise in this House today to speak to the report stage amendments to Bill C-31, Protecting Canada's Immigration System Act, which has been introduced by the opposition at report stage.

Some of my hon. colleagues have already spoken about the negative impact the measures in this legislation would have on the government's ability to carry out badly needed reforms to the refugee determination system, reforms Canadians have asked for and expect. Others have spoken about how these measures will prevent the government from being able to crack down on criminal human smugglers who try to abuse Canada's generous immigration system.

In my allotted time today I would like to focus my remarks on how the opposition's irresponsible amendments to gut Bill C-31 will prevent the government from being able to introduce biometric technology for screening temporary resident applicants.

The introduction of biometrics would strengthen our immigration program in a number of ways. As members may be aware, there are several examples of serious criminals, human smugglers, war criminals and suspected terrorists, among others, who have entered Canada in the past, sometimes repeatedly, by concealing or misrepresenting themselves and their history.

Let me give a few examples. Esron Laing and David Wilson were convicted of armed robbery and forcible confinement. They returned to Canada three different times. In fact they are known as the “yo-yo bandits” because just like a yo-yo they kept coming back.

I know that three times seems like a high number, but I am sad to say that many serious criminals are deported and manage to return to Canada many more times than that.

Another example is Anthony Hakim Saunders, who was convicted of assault and drug trafficking. He was deported on 10 different occasions. That is right. It was an astonishing 10 different times. Just like the yo-yo bandits, he kept returning.

Edmund Ezemo was convicted of more than 30 charges, including theft and fraud. He was deported and returned to Canada eight times.

Dale Anthony Wyatt was convicted of trafficking drugs and possession of illegal weapons. He was deported and returned to Canada on at least four separate occasions.

Kevin Michael Sawyers was convicted of manslaughter. He was deported and returned to Canada twice.

Then there is Melando Yaphet Streety, who served a jail sentence in Canada after he was linked to four underage girls working in Toronto's sex trade. This criminal was deported and returned to Canada within the same year. That is right, all within the same year. Once he returned to Canada, he continued his life of crime.

The use of biometrics would help us prevent these criminals from entering Canada. Let me briefly explain how. Under the existing system, visa applicants only need to initially provide written documents to support their applications. Biometrics, photographs and fingerprints would provide greater certainty in identifying travellers than documents that can be forged or stolen.

In a nutshell, Bill C-31 and regulations that would follow would allow the government to make it mandatory for travellers, students and workers from certain visa-required countries and territories to have their photographs and fingerprints taken as part of their temporary resident visa, study permit or work permit applications.

Biometrics would help with processing applications. Later, when a visa holder arrives at a Canadian port of entry, the Canada Border Services Agency would also use this information to verify that the visa holder is the person to whom the visa was issued.

The use of biometrics would strengthen the integrity of our immigration program by helping to prevent known criminals, failed refugee claimants and previous deportees from using a false identity to unlawfully obtain a Canadian visa and enter our country under false pretences.

Biometrics would also bolster Canada's existing measures to facilitate legitimate travel by providing a fast and reliable tool to help confirm identity. As we can imagine, this would greatly help our front-line visa and border officers to manage high volumes of immigration applicants and the growing sophistication in identity fraud.

While it is easy to see how using biometrics would help our own officials make decisions about visa applications, it is also important to consider how their use may provide benefits to the applicants themselves. After all, in the long run the use of biometrics would facilitate entry to Canada by providing a reliable tool to readily confirm the identity of applicants.

Let me give an example. In cases where the authenticity of documents is uncertain, biometrics could expedite decision-making at Canadian ports of entry. The time spent at secondary inspections could be reduced. Using biometrics could also protect visa applicants by making it more difficult for others to forge, steal or use an applicant's identity to gain access into Canada.

To those who may be concerned about the impact of these new measures on travel to Canada, allow me to say that the implementation of biometrics would only apply to a relatively small percentage of visitors to Canada. Indeed more than 90% of visitors to Canada are from countries that are exempt from visa requirements, with visitors from the United States being the most obvious example.

It is also important to note that a number of other countries around the world have already incorporated biometrics into their own immigration and border programs. These include like-minded countries, such as the United Kingdom, Australia, the United States, New Zealand, Japan, countries in the European Union, South Korea, the United Arab Emirates, Indonesia and Malaysia.

Because it is becoming so common in international travel, many of these applicants to Canada would already be familiar with the process and have experienced it first-hand in their travels abroad. What is more, the experience of other countries has shown that there is normally only a small short-term drop in application volumes following the introduction of biometrics collection.

I have no doubt that Canada would remain a destination of choice for visitors from around the world, and in the long run the use of biometrics would facilitate entry to Canada by providing a reliable tool to readily confirm the identities of applicants.

As some of my hon. colleagues may know, Canada, the United States, the United Kingdom, Australia and New Zealand are members of the Five Country Conference, or FCC, an international forum that examines immigration and border security issues. Under the FCC's high value data sharing protocol, Canada shares approximately 3,000 refugee claimants fingerprint records annually with partner countries. Information sharing allows Canada to, a) better identify immigration fraud, b) improve our ability to detect refugee claimants who misrepresent themselves, and c) protect Canadians from foreign criminals.

Biometrics information has uncovered individuals who have used multiple identities and have inconsistent immigration histories and criminal records. For example, information sharing has resulted in, first, the U.K. returning to Australia a wanted rapist posing as an asylum seeker who subsequently pled guilty; second, Canada revoking the refugee status of a man British records proved was an American citizen; and, third, the U.K. taking action against an asylum seeker who FCC records showed had used nine different identities and six different documents across the FCC countries.

Approximately 11% of fingerprint files shared with our FCC partners have resulted in a match. About 13% of these matches have revealed individuals who presented conflicting names, dates of birth or nationalities.

The introduction of biometrics as an identity management tool in our immigration and border control systems is both long planned and long overdue. More and more it is also becoming an international norm. By passing Bill C-31, Protecting Canada's Immigration System Act, we would be ensuring Canada keeps up with many other countries.

Collecting biometric data is a highly reliable way to reduce identity fraud while facilitating legitimate travel. As a result, biometrics would strengthen and modernize Canada's immigration processes. I am sure that all hon. members of this House would agree that what I have described is a secure and straightforward process—a no-brainer, so to speak.

Unfortunately, the opposition amendments would prevent the government from introducing biometrics. The opposition's complete lack of concern for the safety and security of their constituents is quite frankly appalling.

The NDP is trying to gut this bill by saying they are okay with criminals, terrorists, war criminals and the like coming into our great country and victimizing innocent Canadians.

I urge the NDP and Liberals to give their heads a shake, to stand up for the safety and security of their constituents and all Canadians and to vote against these ridiculous amendments.