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.

Protecting Canada's Immigration System Act

[Wayne Easter, Liberal, Malpeque, PE]

Mr. Speaker, what I outlined for the minister were our concerns with the amount of authority and power encapsulated with the minister's decisions. One of our greatest concerns with this particular legislation is that it goes too far in sourcing authority with one authority within the Government of Canada.

[Anne-Marie Day, NDP, Charlesbourg—Haute-Saint-Charles, QC]

Mr. Speaker, is the hon. member aware of the provisions in the current legislation that say that when smugglers are arrested, they may incur a fine of $1 million and imprisonment for life? In the context of the bill, can the hon. member tell us how there can be any stronger punishment for smugglers than what is provided for in the current legislation and if he thinks that the government is trying to refocus the legislation on refugees to try to send them back to their own country?

[Wayne Easter, Liberal, Malpeque, PE]

Mr. Speaker, the way the question came through to me, and maybe it is a matter of my interpretation of the language, is why penalize the smugglers further.

I do not think that is the issue. I have no problem penalizing the operatives behind smuggling people into Canada illegally. Those who take money from people who are looking for greater opportunities in life, who see Canada as a beacon of hope and who end up paying huge sums of money to get shoved on a ship or, as the member said earlier, in a container to come Canada, should be penalized to the full extent of the law.

What I am concerned about is the individuals who happen pay those moneys under false pretenses, probably knowing it was wrong but, given their circumstances in their home countries, feeling trapped. Those are the people I am concerned about. They need to be treated with fairness and due process when they arrive in this country.

However, the people who are behind those illegal actions that would entrap those individuals in that kind of a campaign are the ones who should be dealt with to the full extent of the law.

[Corneliu Chisu, Conservative, Pickering—Scarborough East, ON]

Mr. Speaker, I am pleased to rise today in support of Bill C-31, the protecting Canada's immigration system act, one of the most advanced and modern immigration acts to date.

Members of the House already know that the integrity of Canada's immigration system is a key priority for the government of Canada. To maintain the integrity of our immigration system is also a concern of my constituents in the riding of Pickering--Scarborough East.

Canada has the fairest, most generous immigration system in the world. However, Canadians have no tolerance for people who abuse our generosity and take advantage of our country. We have to take steps to clamp down on these abuses. Our government is determined to strengthen the integrity of Canada's immigration system.

The protecting Canada's immigration system act would make our refugee system faster and fairer. We have already taken actions that underscore this. These include measures to crack down on crooked immigration consultants. We are also cracking down on immigration and citizenship fraud. The legislation in front of the House today is another key part of that effort.

No Canadian thinks it is acceptable for criminals to abuse Canada's immigration system for financial gain through the crime of human smuggling. This legislation 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.

Human smugglers manipulate our immigration system for financial gain. They charge their passengers upwards of $50,000 to be smuggled into Canada. The passage can be extremely dangerous onboard rickety ships that either leak or should not be in commission. Every year, thousands of people die while on these dangerous trips.

We must make no mistake that human smuggling is a despicable enterprise and yet human smuggling networks in Southeast Asia are large and growing. By charging people large sums of money for their transportation, human smugglers are making a lucrative business out of facilitating illegal immigration.

Human smugglers in various countries around the world are working on large operations as we speak. In fact, the international media very recently reported the dismantling of a large human smuggling operation in Togo that was planning to bring hundreds of immigrants to Canada on yet another dangerous voyage in a rickety boat.

These human smuggling arrivals are not events from the past. They are events that are being planned right now and will continue into the future. We must take action now. The human smugglers are playing a dangerous game with people's lives. It is a game the government wants no part of. The legislation before the House is a strong and necessary response to the crime of human smuggling.

This legislation would punish human smugglers. It would also help to discourage those who would rely on human smugglers to come to Canada by this irregular means.

The changes put forward in this bill would enable the Minister of Public Safety to designate the arrival of a person to Canada as an irregular arrival. This designation would make those involved subject to the proposed act's measures. The legislation would make it easier to prosecute human smugglers and strengthen the criminal laws in response to human smuggling.

The bill would make shipowners and operators accountable for the use of their ships in human smuggling operations. It would introduce stiffer penalties and fines, including mandatory minimum prison sentences, for those convicted of human smuggling.

The actions of these human smugglers and the irregular immigrants they bring to our shores represent a real challenge to our ability to conduct rigorous identity and admissibility examinations. The arrivals of the Ocean Lady and the MV Sun Sea taxed our system heavily, particularly with respect to conducting the required identity and admissibility examination in a timely manner.

Human smuggling undermines the integrity of Canada's borders and it poses an unacceptable risk to the safety and security of Canadians. We must be in a position to verify whether these individuals have been involved in any other illegal activity and whether they are admissible to Canada.

The legislation would protect Canadians by establishing the mandatory detention of irregular arrivals for up to one year, excluding those who are under the age of 16. This provision would provide us with the time we need to perform proper investigations, to confirm the identities of passengers and to determine whether they pose a risk to the safety of Canadians before they are released.

The government also recognizes that the best interests of a child must come first and that each situation would be considered on a case-by-case basis. In cases where it is determined that it is in the best interests of a child to remain with the parents or guardian, the Canada Border Services Agency would house the minor child with the parents or guardians.

Like all persons 16 years of age or older who are subject to the mandatory detention provision of the new legislation, the parent of an accepted minor could also avail themselves of the exceptional circumstances provision and request release from detention from the Minister of Public Safety. This provision would provide enough flexibility for the minister to grant release to the parents of accepted minors if, in the minister's opinion, exceptional circumstances warranted release.

We are also introducing measures that would discourage people from arriving in Canada by these irregular means.

Canadians have an acute sense of fairness and have no tolerance for people who pay human smugglers thousands of dollars to come to Canada to jump the queue. Canadian immigrants who have followed all the rules and waited patiently in line to come to this great country have told our government they want us to put a stop to queue-jumpers who come to Canada using illegal means.

Through Bill C-31 we would ensure that the medical benefits received by these arrivals under the interim federal health program are not more generous than those received by the average Canadian.

We would also impose a five-year bar on applications for permanent resident status for protected persons who are part of a designated irregular arrival. We have determined this bar to be a reasonable period of time to serve as a deterrent to migrants arriving in this illegal manner. We believe the five-year bar will reduce the attraction of coming to Canada.

Every eligible refugee claimant would be entitled to a fair and independent hearing before the independent Immigration and Refugee Board, the IRB. However, under the proposed legislation before the House, refugee claimants who are part of a designated irregular arrival and who have received a negative decision from the IRB would not be eligible to appeal that decision to the refugee appeal division. As well, during this time if refugee claimants return to their country of origin from which they are claiming persecution or demonstrate in other ways that they are not in legitimate need of Canada's protection, we can take steps to cease their refugee or protected person status and remove them from Canada.

Taken together these measures underscore the government's commitment to preserving the integrity of Canada's borders and immigration system and our national security. At the same time, we will continue to ensure that those who genuinely need our protection receive it.

However, do not just take it from me. This is what Balan Ratnarajah, president of the Peel Tamil Community Centre, had to say:

We are pleased to see the Government taking action to deter human smugglers who charge victims enormous sums of money.

Those who take part in human smuggling make our immigration system less fair for legal immigrants. We believe that the Government should have the tools it needs to protect the fairness of our immigration system.

We on the government side want to ensure that Canada is not an easy target for human smugglers. We want to discourage migrants from taking part in these ventures that place their lives at risk, and we want to protect the safety and security of Canadians.

These measures are necessary and fair. I urge all members of the House to support this important legislation.

[Francine Raynault, NDP, Joliette, QC]

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

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

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

[Corneliu Chisu, Conservative, Pickering—Scarborough East, ON]

Mr. Speaker, I just want to emphasize what another member said in the House, that the minister does not have outrageous power like those in various dictatorial countries. He would be making his decision on bogus refugees based on consultations on the situations arising in the countries where these refugees originate. The decision would be made in a wise and orderly manner. It is not a matter of one person having all of the power but a decision made in a wide consultation on the facts and events, all which will decide the issue.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, there are several sections of the act. Being changed are all of the following: the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act, the Marine Transportation Security Act and the Department of Citizenship and Immigration Act.

If I am correct in what I am hearing from the opposition benches, almost all of our criticisms relate specifically to the decision that refugee claimants who have arrived here by irregular entry, largely meaning ships but potentially other means too, would have to go into some form of internment or detention for up to a year. That is what we find most objectionable.

Is the government open to amending the act to take that out and find other means to keep track of new people who have arrived on our shores?

[Corneliu Chisu, Conservative, Pickering—Scarborough East, ON]

Mr. Speaker, this is an issue of public safety and security. We need to be able to determine that these refugees are not posing a threat to Canada. Sometimes when they come here with fake passports and documents, we do not know whom we are dealing with. Therefore, it is important that we put the security and safety of Canadians first.

[Lois Brown, Conservative, Parliamentary Secretary to the Minister of International Cooperation]

Mr. Speaker, I just want to pick up on what the hon. member said about safety and security for Canada.

In 1998, under Liberal immigration policy, a man arrived in Canada under a forged French passport. He was allowed to stay. Although his refugee claim was turned down, he was not deported and later crossed the border into the United States in December of 1999 with a car packed full of explosives destined for the Los Angeles airport.

I wonder if the member could speak to how Bill C-31 would prevent something like that from happening again.

[Corneliu Chisu, Conservative, Pickering—Scarborough East, ON]

Mr. Speaker, it is very important for us to protect the safety and security of Canadians.

As members know, I fought in Afghanistan. With the events that are taking place in the world today, it is very important for us to be able to identify threats to the good people here in Canada.

The House resumed from March 15 consideration of the motion 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 be read the second time and referred to a committee, and of the amendment.

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

Mr. Speaker, I am very pleased with this opportunity to rise in support of Bill C-31, protecting Canada's immigration system act. This legislation would strengthen Canada's immigration and refugee program in a number of very important ways.

The legislation before us would build on our government's already impressive track record for welcoming newcomers, while preserving the integrity of our borders and taking action to crack down on those who abuse our generosity. Our government will be increasing the number of refugees we will resettle in Canada by 20% year over year. We will be increasing the number of resettled refugees by 2,500 additional refugees. This is on top of the fact that Canada is already receiving one resettled refugee out of every ten in the world. Canada has a very strong track record of providing assistance and sanctuary for refugees who are in genuine need of protection. Under our government, that track record has markedly improved.

As the Prime Minister has noted in the past, Canada not only has, relatively speaking, the largest immigration program in the world and the most generous system of sanctuary for refugees in the world, we also have a level of public support for immigration that is unparalleled anywhere else in the world. Canada welcomes thousands of new immigrants and refugees every year through one of the most generous and fair refugee systems in the world. Since 2006, the Conservative government has welcomed the highest sustained average of immigration in Canada's history. This is a source of pride for our government and a reflection of the generosity of our nation.

However, while Canadians are generous, we are not naive. Canadians will not tolerate those who abuse our generosity. Canadians will not tolerate the acts of sophisticated criminal organizations whose only motive is profit and who prey on those who seek a better life by making promises that they can get them into Canada. Bill C-31 therefore introduces important reforms to deter individuals and organized crime groups from engaging in illegal and dangerous human smuggling operations.

In 2010, Canadians were given a sober reminder that our country is not immune from organized criminal groups intent on making a profit from human smuggling. The arrival of the migrant vessel Sun Sea came less than one year after the arrival of the Ocean Lady. The fact that these vessels reached our shores less than 12 months apart clearly demonstrates that human smuggling networks are targeting Canada as a destination and that they can use the generosity of our immigration system and the promise of a new life in Canada as a means of profit.

Recent international media reports of a massive smuggling ring headed for Canada that was recently dismantled in Togo are a reminder that human smuggling is a problem that will not go away. Human smuggling is a crime that recklessly endangers lives. We must take action now so we can address the challenges confronting us.

Yes, Canada is a welcoming nation but our government has clearly stated that we cannot tolerate the abuse of our immigration system, either by human smugglers or by those who are unwilling to play by the rules. Canadian immigrants who waited in line have no tolerance for those who use illegal means to jump the queue. That is why today our government is moving forward with the protecting Canada's immigration system act. Through this act, our government would crack down on those criminals who would abuse our generous immigration system and endanger the safety and security of Canadian communities. We would ensure the integrity and fairness of Canada's immigration system for years to come.

Among many measures under Bill C-31, our government would: enable the Minister of Public Safety to declare the existence of a human smuggling event and make those involved subject to the act's measures; make it easier to prosecute human smugglers; impose mandatory minimum sentences on convicted human smugglers; and hold ship owners and operators to account for the use of their ships in human smuggling operations. It is important to note that, unlike Bill C-4, Bill C-31 includes an exemption from detention for minors under the age of 16. Under this act, our government would also reduce the attraction of coming to Canada by way of an illegal human smuggling operation.

This includes measures like: preventing those who come to Canada as part of a human smuggling event from applying for permanent resident status for up to five years should they successfully apply for refugee status; ensuring the health benefits participants receive are not more generous than those received by the Canadian public; and preventing individuals who participate in human smuggling events from sponsoring family members for a five-year period. These measures are tough, but they are fair.

All Canadians expect our borders and shores to be protected and secure and our generous system protected from abuse. To those who want to jump the queue or target Canada for criminal gain, these measures would be a message: Canada will not tolerate human smuggling.

Human smuggling provisions in Bill C-31 have been widely praised. This is what Michael Deakin-Macey, past president of the board of directors of the Victoria Immigration and Refugee Centre Society said:

Canada is a generous country with an immigration system that treats both immigrants and refugees very well, however there are those who are not willing to wait their turn in line and criminals who would profit from this. Instead, they want to jump the immigration queue and make their way to Canada through any means available to them, often bypassing several hospitable countries and travelling halfway around the world to land on our shores.... As a result of this human smuggling, honest and legal would-be immigrants who are waiting patiently and anxiously in the queue are penalized while the smuggled refugees' claims are processed.... To all reasonable observers, the criminal enterprise that is human smuggling is an abuse of both Canada's generosity and the honesty of all the other immigrant applicants.... We are pleased that the Government has sent a clear message that it will not be tolerated, and we welcome the introduction of the legislation preventing human smugglers from in effect creating an unfair two-tier immigration system, one for the impatient rich and the other for the honest applicant.

The measures which our government is introducing in Bill C-31 would enhance our ability to crack down on those who engage in human smuggling and who try to exploit Canada's generous immigration system. They would strengthen our ability to protect Canadians from criminal or terrorist threats. They would respect our international obligation to provide assistance to those legitimate refugees who need our protection and help to start a new and better life.

From coast to coast to coast, Canadians want to help those in need or those who genuinely need our protection. That does not make us naive and it does not make us pushovers. Canadians want tough but fair measures to stop those who would abuse our generosity from becoming part of Canadian society. That is why our government is taking action. That is what our government is doing today and this is what we are going to continue to do in the future.

I urge all members to support this important piece of legislation.

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

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

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

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

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

[Colin Carrie, Conservative, Parliamentary Secretary to the Minister of Health]

Mr. Speaker, if members noticed, today I am wearing green to celebrate St. Patrick's Day, which is tomorrow. I notice a bit of green in the chamber today, which is wonderful. That is my heritage. My relatives came to Canada well over 100 years ago because of great opportunities. We have the greatest country in the world. The bill today is an effort to make sure we maintain Canada as the best place for people to come to. We all recognize that there are issues with our system. This bill would tighten up on people who take advantage of our generous system.

I want to ask my colleague if his constituents would agree that people with no identities who could pose a risk should be let onto our streets before their identities are determined?