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 bill was last introduced in the 41st Parliament, 1st Session, which ended in September 2013.

Sponsor

Jason Kenney  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

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.

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.

Votes

June 11, 2012 Passed That the Bill be now read a third time and do pass.
June 11, 2012 Failed That the motion be amended by deleting all of the words after the word “That” and substituting the following: “this House decline to give third reading 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, because it: ( a) gives significant powers to the Minister that could be exercised in an arbitrary manner, including the power to designate so-called “safe” countries without independent advice; (b) violates international conventions to which Canada is signatory by providing mechanisms for the government to indiscriminately designate and subsequently imprison bona fide refugees – including children – for up to one year; (c) undermines best practices in refugee settlement by imposing, on some refugees, five years of forced separation from families; (d) adopts a biometrics programme for temporary resident visas without adequate parliamentary scrutiny of the privacy risks; and (e) is not clearly consistent with the Canadian Charter of Rights and Freedoms.”.
June 4, 2012 Passed That 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, as amended, be concurred in at report stage with further amendments.
June 4, 2012 Failed That Bill C-31, in Clause 27, be amended by replacing line 10 on page 15 with the following: “foreign national who was 18 years of age or”
June 4, 2012 Failed That Bill C-31, in Clause 27, be amended by replacing lines 1 to 6 on page 15 with the following: “58.1(1) The Immigration Division may, on request of a designated foreign national who was 18 years of age or older on the day of the arrival that is the subject of the designation in question, order their release from detention if it determines that exceptional circumstances exist that”
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 27.
June 4, 2012 Passed That Bill C-31, in Clause 26, be amended by replacing, in the French version, line 33 on page 14 with the following: “critère”
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 26.
June 4, 2012 Failed That Bill C-31, in Clause 23, be amended by adding after line 5 on page 13 the following: “(3.2) A permanent resident or foreign national who is taken into detention and who is the parent of a child who is in Canada but not in detention shall be released, subject to the supervision of the Immigration Division, if the child’s other parent is in detention or otherwise not able to provide care for the child in Canada.”
June 4, 2012 Failed That Bill C-31, in Clause 23, be amended by replacing line 28 on page 12 with the following: “foreign national is”
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 23.
June 4, 2012 Passed That Bill C-31, in Clause 79, be amended by replacing line 22 on page 37 with the following: “79. In sections 80 to 83.1, “the Act” means”
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 79.
June 4, 2012 Failed That Bill C-31, in Clause 78, be amended by adding after line 19 on page 37 the following: “(4) An agreement or arrangement entered into with a foreign government for the provision of services in relation to the collection, use and disclosure of biometric information under subsection (1) or (2) shall require that the collection, use and disclosure of the information comply with the requirements of the Privacy Act.”
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 78.
June 4, 2012 Failed That Bill C-31, in Clause 59, be amended by adding after line 15 on page 29 the following: “(3) The regulations referred to in subsection (1) must provide, in respect of all claims for refugee protection, that the documents and information respecting the basis of the claim do not have to be submitted by the claimant to the Refugee Protection Division earlier than 30 days after the day on which the claim was submitted. (4) The regulations referred to in subsection (1) must provide ( a) in respect of claims made by a national from a designated country of origin, that a hearing to determine the claim is not to take place until at least 60 days after the day on which the claim was submitted; and ( b) in respect of all other claims, that a hearing to determine the claim is not to take place until at least 90 days after the day on which the claim was submitted. (5) The regulations referred to in subsection (1) must provide, in respect of all claims for refugee protection, that an appeal from a decision of the Refugee Protection Division ( a) does not have to be filed with the Refugee Appeal Division earlier than 15 days after the date of the decision; and ( b) shall be perfected within 30 days after filing.”
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 59.
June 4, 2012 Failed That Bill C-31, in Clause 51, be amended by replacing lines 36 to 39 on page 25 with the following: “170.2 Except where there has been a breach of natural justice, the Refugee Protection Division does not have jurisdiction to reopen, on any ground, a claim for refugee protection,”
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 51.
June 4, 2012 Failed That Bill C-31, in Clause 36, be amended by replacing line 32 on page 17 to line 35 on page 18 with the following: “110. A person or the Minister may appeal, in accordance with the rules of the Board, on a question of law, of fact or of mixed law and fact, to the Refugee Appeal Division against ( a) a decision of the Refugee Protection Division allowing or rejecting the person’s claim for refugee protection; ( b) a decision of the Refugee Protection Division allowing or rejecting an application by the Minister for a determination that refugee protection has ceased; or ( c) a decision of the Refugee Protection Division allowing or rejecting an application by the Minister to vacate a decision to allow a claim for refugee protection.”
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 36.
June 4, 2012 Failed That Bill C-31, in Clause 6, be amended by replacing line 16 on page 3 with the following: “prescribed biometric information, which must be done in accordance with the Privacy Act.”
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 6.
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 1.
May 29, 2012 Passed 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 at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at 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.
April 23, 2012 Passed That the Bill be now read a second time and referred to the Standing Committee on Citizenship and Immigration.
April 23, 2012 Failed That the motion be amended by deleting all of the words after the word “That” and substituting the following: “this House decline to give second reading 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, because it: ( a) places an unacceptable level of arbitrary power in the hands of the Minister; (b) allows for the indiscriminate designation and subsequent imprisonment of bone fide refugees for up to one year without review; (c) places the status of thousands of refugees and permanent residents in jeopardy; (d) punishes bone fide refugees, including children, by imposing penalties based on mode of entry to Canada; (e) creates a two-tiered refugee system that denies many applicants access to an appeals mechanism; and (f) violates the Canadian Charter of Rights and Freedoms and two international conventions to which Canada is signatory.”.
March 12, 2012 Passed 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 four further sitting days after the day on which this Order is adopted shall be allotted to the consideration at second reading stage of the Bill; and that, 15 minutes before the expiry of the time provided for Government Orders on the fourth day allotted to the consideration at second 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 said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Protecting Canada's Immigration System ActGovernment Orders

March 15th, 2012 / 3:55 p.m.
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Conservative

Joy Smith Conservative Kildonan—St. Paul, MB

Mr. Speaker, I am very pleased to have the opportunity to rise in support of this important legislation. We all know Canada is a compassionate nation. We have a generous spirit that compels us as Canadians to protect the vulnerable.

In fact, Canada has one of the most generous immigration and refugee systems in the world. We resettle approximately 1 in 10 of the world's resettled refugees, more than almost any other industrialized country in the world. We are continuing our tradition as a leader in international refugee protection by increasing the number of refugees resettled from abroad by 20%. By 2013, Canada will resettle up to 14,500 refugees, or 11% of the refugees resettled globally.

The plight of the world's refugees has always moved us to help. Some 30 years ago, people from all walks of life helped to rescue and resettle more than 60,000 Indochinese refugees in Canada. This effort firmly established private sponsorship as a vital component of our refugee program and, in fact, private sponsors across Canada have stepped up and helped more than 200,000 refugees in the past 30 years.

The government is also active with our international partners to help those in need. Take for example, the government's commitment to resettle up to 5,000 Bhutanese refugees from Nepal. We have already welcomed more than 3,600 Bhutanese refugees in several communities across Canada. In addition, we have resettled over 3,900 Karen from Thailand.

Canada has a record of compassion and concern for the world's most vulnerable, a record that we can all be proud of, but we are not pushovers. No Canadian thinks it is acceptable for criminals to abuse Canada's immigration system for financial gain through the crime of human smuggling. It will come as no surprise to anyone in the House that human smuggling is an issue of great importance to me. That is why I introduced Bill C-310, which would amend the Criminal Code to add the offence of trafficking in persons to the list of offences committed outside of Canada that Canadian citizens or permanent residents may be prosecuted for in Canada, among other things. I was very pleased earlier today to appear before the Standing Committee on Justice and Human Rights as the first witness to appear on its study of my bill.

The simple fact is that our country has become a target for human smuggling. The arrivals of the MV Sun Sea and the Ocean Lady are a clear indication that Canada is a favoured destination for human smuggling networks, and recent international media reports have made it clear that human smugglers continue to target Canada. Just a few weeks ago, the media reported that a massive human smuggling operation headed for Canada was dismantled in Togo. Canada is a prime target for human smugglers. That is why we must take action.

Let us not forget what we are talking about here. Human smuggling is a transnational criminal enterprise that is a growing global phenomenon. Human smugglers consider their passengers to be little more than cargo. Migrants are typically stranded at sea on an overcrowded boat with unsanitary and unsafe conditions. As a result of these inhumane conditions, countless people die in human smuggling operations every year. By charging people large sums of money for their transportation, human smugglers have made a lucrative business out of facilitating illegal migration, often by counselling smuggled persons to claim asylum in the country to which they are smuggled. Once they arrive to their destination country, these migrants are often at the mercy of their human smugglers. Many of them are forced to work for years in the underground economy just to pay off their debts to the smuggler.

Interpol says that human smuggling syndicates benefit from weak legislation, and low risk of detection and prosecution and arrest compared to those engaged in other transnational organized crimes. If we do not take strong action now, more vessels will arrive and more lives will be put at risk.

The government will not stand by and allow these exploitive operations to continue. This legislation would enable us to crack down on human smugglers who prey on vulnerable migrants. It also aims to discourage those tempted to use this perilous form of migration. Here is how.

The legislation would make it easier to prosecute human smugglers. We would make shipowners and operators liable for the use of their ships in human smuggling. This legislation includes stiffer penalties and fines for shipowners and operators, as well as mandatory minimum sentences for those convicted of human smuggling. At the same time, the government recognizes that ship operators and owners are only part of the problem. We must also discourage those who would consider using the services of a human smuggler. This bill aims to do that by reducing the attraction of coming to Canada by way of irregular arrival.

First, it would prevent illegal migrants who are part of the smuggling operation from obtaining permanent resident status for five years, thereby also preventing them from bringing their family members to Canada during that period. During this time as well, if refugee claimants return to their country of origin or demonstrate in other ways that they are not in legitimate need of Canada's protection, we can take steps to cease their protected status and remove them from Canada. This is because returning to the country from which they are claiming prosecution is very strong evidence that they are not in need of Canada's protection. Canadians, especially those who waited in line to come to Canada legally, have an innate sense of fairness and want our government to take action to prevent the entry of those who seek to use illegal means to jump the queue.

Through Bill C-31, our government is also ensuring that the medical benefits received by those who arrive by these means are not more generous than those received by the average Canadian.

In addition to these measures, this legislation underscores our top priority, which is to protect the safety and security of Canadians. The mandatory detention of irregular arrivals, excluding those who are under the age of 16, would provide us with the time needed to confirm these individuals' identities and whether they pose a threat to Canadians upon their release.

Simon Zhong, executive director of the Toronto Community and Culture Centre, has said the following: “Human smuggling is a criminal activity that puts people's lives at risk. It involves a network of international criminal organizations and Canada has become their target because of our compassion and fairness.... We support the government's proposals as we need to send a strong message that criminal human smuggling will not be tolerated. Smugglers need to understand that they will be prosecuted to the fullest extent possible and that these proposals will make this easier to accomplish that”.

Canada is a compassionate nation of immigrants with a proud history and tradition of welcoming refugees, but every sovereign country has a responsibility to protect its citizens and its borders. The legislation before the House is a necessary step to protect our borders and the integrity of our immigration system. It also sends a message that the Government of Canada is serious about deterring human smuggling and the people who participate in it.

I urge all members of the House to give this bill grave consideration and, ultimately, their support.

Protecting Canada's Immigration System ActGovernment Orders

March 15th, 2012 / 4:05 p.m.
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NDP

Kennedy Stewart NDP Burnaby—Douglas, BC

Mr. Speaker, we just heard an extraordinary statement by the Minister of State (Sport) a few minutes ago. When I provided an example of an Indian family, including parents and children, arriving in Canada and being deemed bogus refugees and I asked the minister what would happen to the children, he replied that the children would be separated from their parents, who would remain in detention centres, and be held in provincial custody. I am wondering if perhaps my colleague could flesh that out a bit.

Protecting Canada's Immigration System ActGovernment Orders

March 15th, 2012 / 4:05 p.m.
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Conservative

Joy Smith Conservative Kildonan—St. Paul, MB

Mr. Speaker, I thank my colleague for his consideration for children, as our government is showing as well. That is why our government stipulated that children aged 16 and under would not be detained. What we have to do is to look at the best interests of the children. Often when parents are detained, they make a decision as to whether the children will stay with them or go to a relative they know in the country, or go under government care. That is a parental decision to be made by them, and it is part of their parental responsibility when they decide to get on a boat and bring their children over. That is going to be clearly outlined so that parents know before they get on the boat that these are their choices.

Protecting Canada's Immigration System ActGovernment Orders

March 15th, 2012 / 4:05 p.m.
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Calgary Southeast Alberta

Conservative

Jason Kenney ConservativeMinister of Citizenship

Mr. Speaker, on that question, the member for Kildonan—St. Paul is precisely correct. Indeed, there was a misrepresentation of the statement made by the Minister of State for Sport, who said that children under the age of 16 who were accompanied by parents could be released into the custody of the relevant provincial child welfare agency that would determine whether to place them with a guardian, relatives, or other care. However, if their parents chose to, they could live in the family detention centre, where the conditions are entirely appropriate for families, as they are in all the immigration detention centres. All of the immigration detention centres in all democratic countries around the world make provisions for families.

Unaccompanied minors under the age of 16 would be at the direction of the responsible provincial child welfare agency, which has statutory and constitutional authority for the guardianship of unaccompanied minors.

Protecting Canada's Immigration System ActGovernment Orders

March 15th, 2012 / 4:10 p.m.
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Conservative

Joy Smith Conservative Kildonan—St. Paul, MB

Mr. Speaker, I appreciate the minister's continuation of the answer to the question. It is a very important and sober question. Often when parents bring their children over with them on the boat, they need to be aware of what the parameters are around Canada and what Canada will accept. That is what we need to do as a government. Also, with that provision, there is protection for unaccompanied minors as well.

The government has certainly put forward grave consideration that helps so minors can be protected, fed and clothed when they are here.

Protecting Canada's Immigration System ActGovernment Orders

March 15th, 2012 / 4:10 p.m.
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NDP

Anne Minh-Thu Quach NDP Beauharnois—Salaberry, QC

Mr. Speaker, I would just like to remind the member opposite that when refugees flee their country because they are persecuted, because they want to escape danger and be safe, they do not take the time to find out about the country they are going to. They do not come as tourists. They do not come for pleasure. They are fleeing the difficult and dangerous conditions in which they found themselves in their countries of origin. That is why certain people flee and take a great many risks—because it is better to risk their lives than to stay in their homeland.

I speak from experience. That is what my parents did. So here is my question. If Bill C-31 was so well thought-out, why is it that Australia, which did the same thing and put refugees in detention, has reversed its decision and once again adopted the immigration system that currently exists in Canada?

Protecting Canada's Immigration System ActGovernment Orders

March 15th, 2012 / 4:10 p.m.
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Conservative

Joy Smith Conservative Kildonan—St. Paul, MB

Mr. Speaker, I cannot speak for Australia because I do not live in Australia. I know there has been very careful consideration made to the legislation in Canada. There is a proper way to come to Canada. People do not have to get on a ship. They can flee their countries in other ways.

The immigrants who are here, refugees who have come the proper way, do not like it when they hear of others who come across in ships. It is a very dangerous way to do it.

Protecting Canada's Immigration System ActGovernment Orders

March 15th, 2012 / 4:10 p.m.
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NDP

Jinny Sims NDP Newton—North Delta, BC

Mr. Speaker, I am very pleased to rise to speak to the bill. I have been listening to the debate and I am trying to work out what it is we are trying to fix.

Obviously, after the refugee incident that happened off the B.C. coast, it is my understanding, and I have seen the legislation, that there was an all party agreement that addressed a lot of the issues.

When I look at this legislation, even though it is called protecting Canada's immigration system act, it really talks about punishing smugglers and it is against human smuggling. I keep wondering how the punishments for human smugglers are any different under this bill than they were in the previous bill, in which there was life imprisonment. This is the greatest sentencing that can be given by a Canadian court.

I am also hearing a lot about what a wonderful country Canada is, and I absolutely agree. I chose Canada to be my home. I am an immigrant who arrived from England because Canada went over there to look for teachers who could come to teach in this beautiful country, and my husband and I moved here. We came with a profession to a teaching job.

However, the immigrants we are talking about in the bill are refugees. They are not immigrants in the normal sense. These are people who are fleeing what are for most of us unimaginable challenges in their home communities and some of them are not even fleeing from their homelands. They have been sitting in refugee camps or they have escaped from one country to another.

With respect to the stress in the Middle East right now, I heard this morning that over a thousand refugees had crossed over into Turkey from Syria. Those people are not leaving for Turkey because they are just looking for a new place to live. They are leaving because they are living in an environment where bombings are going on and their lives are at risk.

In those circumstances, parents take their kids with them. That is normal. I remember doing this exercise when I was a teacher. If individuals were going on a boat, who would they take with them? If I had my kids with me, they would go on the boat first and I would ensure they were on the boat when I got on. Yet I heard a very respected colleague from across the aisle say that it was their choice whether they brought their young kids with them or not.

I want to get back to the refugees who are escaping these unexplainable and unimaginable situations, and let us say they are now in Turkey. From Turkey they are looking to go somewhere, because even in those camps it is not safe for them.

These people are desperate. They are not going on a cruise ship. They do not have the money to buy first-class tickets or even safe tickets. When a gun is pointed to the backs of individuals, when hunger surrounds them, when they are not sure whether they will wake up the next morning and know their children are with them, or whether they have been shot or whether they will even have enough food for them, they become desperate.

We have different types of refugees. We have those who come here for humanitarian reasons, because of hunger, and those who are fleeing very violent conditions in their country. As a counsellor, I have had the privilege of working with many youths from those refugee camps who have come to Canada and are now contributing members in our society.

When all of these families are looking for a way out, it is because they feel their lives are in danger. At that time, surely we are not saying to them that over in Canada we have a law, so really they should leave their children behind. That is just not how things work.

Absolutely punish those who are engaged in human smuggling. Absolutely punish those who are engaged in fraudulent cases, and we can prove it. However, in that process, let us not lose our humanity and punish the innocent because a few people are fraudulent or are using means unacceptable to us or anyone else.

Once these children arrive with their families on our shores, will we now tell them that their parents will go to prison because they have been designated? We can call them detention centres or whatever we would like, but basically that is what they are. Then we tell their parents that their children do not have to remain in the detention camps because we are humanitarian in Canada and care about children, that they have a choice. They can be farmed out to the provincial governments that can find orphanages, foster homes or some place to look after them. Imagine how those parents and children would feel.

As a mother, I cannot imagine that. As an immigrant who arrived in England willingly at the age of 10, I cannot imagine somebody saying to me, when I arrived in a brand new country and did not speak the language, that I could not stay with my parents because they would be put in a detention centre, that I would be put with a strange family and if did not want to go with that family, I could go back to the detention centre prison and be with my parents. Where is the humanity in that?

I want to make it absolutely clear. We want a fair and transparent process, but humane processes. I do not see why we would punish refugees who were brought in boats to our country. They came based on a promise that they would go to a safe place. If that is what they have to face when they get here, I would bow my head in shame for treating those who had come from very fragile and violent surroundings, whether that be the war fields or refugee camps where they had lived for ages. The impact is not pleasant on children who have lived in those refugee conditions overseas before they escaped.

I had cold shivers earlier when I heard an esteemed colleague on the other side being asked the question with respect to what would happen to the children, whether they could remain in detention with their families or be fostered. I wondered where that fitted into the Canadian way.

Some members might stand to say that we want to support smugglers or that I say this because I want these illegal activities to continue. That is not correct. All my life I have been an advocate for fair, open and transparent processes. I absolutely believe that those who engage in human smuggling or any other kind of illegal activities or use fraudulent means to get here should be punished. Surely, we should not punish everybody in order to punish those few people.

As a teacher, I often like to use an example. I will use the example of drinking and driving. We all know that drinking and driving is absolutely wrong and the consequences can be terrible on people. Because people drink and drive, we do not say that all cars are banned in Canada and that nobody can drive. Rather we get involved in education. I believe we need to provide education with respect to our refugee processes, as well as punish those who do wrong.

I urge my colleagues on the other side to ensure they amend this bill so only people who do wrong are punished and we do not put innocent people in prison with their children or take their children away from them.

Protecting Canada's Immigration System ActGovernment Orders

March 15th, 2012 / 4:20 p.m.
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Calgary Southeast Alberta

Conservative

Jason Kenney ConservativeMinister of Citizenship

Mr. Speaker, I have a lot of respect for that member. We all share her concern for the welfare of children, particularly vulnerable children. I really do believe that she is massively overstating her concern in respect to this bill.

In the large scale smuggling operations, in almost every case a family chooses to send one member to pay the fee, which is a commitment. The Southeast Asia smuggling syndicates, which used to be gun runners by the way, are charging about $50,000 with a 10% down payment and 95% payable upon establishment in Canada. They typically send one young man in his 20s from the family to Canada so that he can start paying off the debt and then bring subsequent family members in. There were 600 who came in the last two years. I am not aware of there being any children but there may have been a couple of adolescents.

It is not really a serious issue in terms of the reality. I would say that social democratic parties, the member's sister parties, like the labour party in Australia and in the United Kingdom, have far more robust detention provisions.

The member asked where our humanity is. We are the leading country in the world in terms of refugee resettlement. We resettle one out of every ten resettled refugees in the world. We are increasing that number by 20%. The member talked about the Syrians going to Turkey. Well, we have a special program where we are bringing in 20,000 UN convention refugees from Syria. We are increasing our targets from Turkey. We are doing more than any other country in the world to welcome refugees who are in need of our protection.

Protecting Canada's Immigration System ActGovernment Orders

March 15th, 2012 / 4:25 p.m.
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NDP

Jinny Sims NDP Newton—North Delta, BC

Mr. Speaker, I thank the minister for his question, I think.

I would just say that, absolutely, those who are engaged in fraudulent and illegal practices need to be punished.

However, when we look at this bill, it reaches into far more than that. If it is not a problem, as the minister said, and we have not had that many children, et cetera, then why are introducing this bill at this time? This bill would do nothing to address greater punishment, and I do not think we can give a greater punishment, for those who smuggle.

This bill would actually punish refugees. For families that are petrified, scared for their lives, trying to get away from a situation, may have sold everything they had, and may have begged, borrowed and stolen to get over here, are we then going send them to a detention centre while we determine whether they are refugees? The minister's office will determine that. To me, that just does not seem to be humane.

Protecting Canada's Immigration System ActGovernment Orders

March 15th, 2012 / 4:25 p.m.
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NDP

Ève Péclet NDP La Pointe-de-l'Île, QC

Mr. Speaker, I would like my colleague to comment on two things. First, in her riding, has she met any people who have talked to her about this bill? Has she had any feedback on it? Does anybody in her riding have something to say about this issue?

I would like her to give examples of this. I know that my hon. colleague works on a lot of issues for the NDP, and I would like to congratulate her on the good work that she does.

Second, I would like her to talk about the fact that the minister can determine whether a country is considered dangerous or not. Under this bill, the minister will be able to determine which countries’ inhabitants can truly be considered refugees.

Protecting Canada's Immigration System ActGovernment Orders

March 15th, 2012 / 4:25 p.m.
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NDP

Jinny Sims NDP Newton—North Delta, BC

Mr. Speaker, I have had discussions in my community. I have had a town hall meeting or a forum where we have discussed different aspects of our immigration policies and their concerns with visas, super visas and family reunification, including refugees.

I have also had people in my office. I had one gentleman come to see me who was really surprised that his refugee status had not been accepted. He wanted to know if I could do something to assist him. I looked at the file and I had to tell him no, that he did not meet the criteria.

I am very honest, as the minister knows, with my constituents when they come in to see me. I do not raise their hopes. For me to get this passionate about this business, the minister has to know that there are some really serious concerns in the community.

Protecting Canada's Immigration System ActGovernment Orders

March 15th, 2012 / 4:25 p.m.
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Conservative

The Acting Speaker Conservative Barry Devolin

It is my duty pursuant to Standing Order 38 to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Gaspésie—Îles-de-la-Madeleine, Atlantic Canada; the hon. member for Charlesbourg—Haute-Saint-Charles, Employment; the hon. member for Drummond, Search and Rescue.

Resuming debate. The hon. member for Calgary Northeast.

Protecting Canada's Immigration System ActGovernment Orders

March 15th, 2012 / 4:25 p.m.
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Conservative

Devinder Shory Conservative Calgary Northeast, AB

Mr. Speaker, I rise in the House today in support of Bill C-31, the protecting Canada's immigration system act.

Canadians are enormously generous people. For decades, Canadians have welcomed millions of immigrants into our country with open arms. I know this because I was one of them. I know first-hand that whether we fly, sail or drive here, Canada had a place for those who work hard and play by the rules. In fact, over the past six years, Canadians have welcomed the highest sustained number of immigrants than ever before in Canadian history.

However, Canadians want an immigration system that is fair, balanced and in the best interests of our country and our economy. They welcome those who can contribute to Canada, those who have family in Canada and those who are in genuine need of our protection.

However, Canadians also demand that our immigration system keep out those who mean our country harm, those who aim to take advantage of our generosity and those who pretend to need our humanitarian protection but are actually just queue jumpers who do not want to wait in line like everyone else.

I often like to describe my constituents in Calgary Northeast as the hardest working constituents in Canada. Our people are industrious, enterprising, skilled workers and many of them are new Canadians. They have immigrant stories similar to my own. I can tell this House that the message I get from my constituents is that they support a fair and balanced immigration system that does not punish those who play by the rules. They want us to stop those who abuse our immigration system. They want us to keep out those who break our laws. They demand that we close the doors to those who lie and cheat their way into Canada.

If citizens cannot trust in the integrity of their country's immigration system, that system will fail. Canada's immigration system is a success story because our citizens have trust in our immigration system and that is also why it is so important for everyone in this House to ensure the passage of the measures that are found in Bill C-31, measures that would strengthen the integrity and functioning of Canada's immigration system and would help ensure its success.

I will quote from an Edmonton Journal editorial published the day after the minister first introduced Bill C-31. It states, in part:

As ideals go, extending everyone the benefit of the doubt for an in-definite period has become unsustainable.

Take the case of refugee claimants. ... Canada now receives more applications for refugee status from Europe than it does from either Asia or Africa.

...there has to be a more efficient, cost-effective means of weeding out the bogus claimants from Europe and elsewhere. Simply put, we cannot continue to give everyone the benefit of the doubt when it costs that much money and taxes our social systems unduly to do so.

The facts speak for themselves. The total number of refugee claims from the European Union in 2011 was 5,800. That means the percentage of total refugee claims coming from the European Union in 2011 was 23%. That is more than Africa and Asia. It is also a 14% increase from 2010.

Canada has one of the most generous refugee systems in the world. We admit more refugees on a per capita basis than almost any other country. In fact, our Conservative government has increased the number of resettled refugees by 20% or 2,500 refugees per year.

However, we cannot sustain that generosity if our refugee system is being abused by bogus refugee claimants making false claims. We need to effectively fulfill our humanitarian obligation to give protection to those asylum seekers who genuinely need it.

Members need not take my word for it. They need only look at the actions of the bogus refugees themselves. Virtually none of the claimants from the European Union show up for their refugee hearings but virtually all of them show up for the initial screening interview that will allow them to receive taxpayer funded social services. Canadians have the right to question this practice and demand recourse.

Bill C-31 would accelerate the processing of refugee claims for nationals from designated countries that generally do not produce true refugees so those refugees would be dealt with more quickly. It would also reduce the options and delay tactics available to the failed claimants to delay their removal from Canada.

Today it takes a claimant from Europe over 1,000 days to receive an answer from our government. That is nearly four years of welfare, four years of work permits and four years of taxpayer funded health care. Under Bill C-31, the government hopes to reduce this timeline to 45 days for designated countries that have excellent human rights records and democratic governments. This means faster removal of bogus claimants who have abused the generosity of Canadians and shoved aside real refugees for their own selfish purposes.

We are currently dealing with big loopholes that make our generous immigration system open to abuse. We must take action to crack down on this abuse. Canadians have given our Conservative government a strong mandate to protect Canada's immigration system and that is exactly what we are doing.

This legislation would save Canadian taxpayers at least $1.6 billion over five years. It would put a stop to foreign criminals, human smugglers and bogus refugees abusing our generous immigration system and receiving lucrative taxpayer funded health and social benefits. At the same time, the bill would provide protection more quickly to those who are truly in need.

Bill C-31 would help crack down on human smugglers worldwide who are targeting Canada and charging large amounts of money to facilitate illegal migration. Not only that, these human smugglers often treat their clients in a manner that is exploitative and downright dangerous. The measures in this bill would strongly discourage anyone from becoming involved in this criminal activity, while making it easier to prosecute human smugglers. This dangerous queue jumping must be curtailed.

Other measures in the bill, such as mandatory detention, would give Canadian authorities enough time to conduct investigations and examinations into identity, admissibility and criminal activity. Canadians want their government to find out who is being let into our country. It is simply the logical and responsible thing to do.

This is what another Canadian newspaper, the Montreal Gazette, wrote in a recent editorial lauding the measures in the bill that address this criminal activity. It reads:

Human smuggling is an odious enterprise that should be severely punished. And while the smugglers' clients are perhaps desperate people in many cases, they are nevertheless participants in an illegal activity that should be strongly discouraged.

However, all those who arrive in Canada as part of a designated irregular arrival will still have access to a refugee determination and anyone who is determined to be a refugee would be released from mandatory detention. Under Bill C-31, minors under the age of 16 would not be subjected to mandatory detention. These children would be given appropriate accommodation and assistance.

In the short time I have had to speak, I have tried to demonstrate how important Canada's immigration system is to our country and how Bill C-31 would strengthen that system for Canada and for the refugees we seek to help. Canadians have no tolerance for those who abuse our generosity and who take unfair advantage of our country, which is why we are taking action to address these concerns.

I hope my hon. colleagues from all sides will agree and join me in supporting this fair and balanced legislation.

Protecting Canada's Immigration System ActGovernment Orders

March 15th, 2012 / 4:35 p.m.
See context

NDP

John Rafferty NDP Thunder Bay—Rainy River, ON

Mr. Speaker, I must say the bill makes me feel somewhat uneasy, particularly the provisions on detention.

Canadian governments in the past have had no problem turning refugees away from our shores to their death. Governments in the past have had no problem with detaining Canadians, Japanese Canadians, Ukrainian Canadians, Italian Canadians, and the list goes on. Whenever we talk about detention, I get a little concerned.

I would like to ask my friend across the way what he really thinks about the detention provisions that are in the bill.