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 26th, 2012 / 12:30 p.m.
See context

Conservative

Wai Young Conservative Vancouver South, BC

Mr. Speaker, I am happy to have the opportunity to rise in support of Bill C-31, the protecting Canada's immigration system act.

Canada has an international reputation for having the most generous immigration system in the world. We welcome 1 in 10 of the world's resettled refugees, and the number is increasing as our government is welcoming an additional 2,500, or 20%, of the number of resettled refugees to Canada.

Canadians are rightfully proud of our tradition as a compassionate nation. It is a responsibility we take very seriously. Throughout this country I have met and worked with many Canadians. We are a generous people and a generous nation. However, for too many years we have had to tolerate those who find loopholes or who are deliberately abusing our generosity and taking unfair advantage of our country.

That is why Canadians have become concerned with the growing number of bogus claims and queue jumpers. These bogus claimants bog down the system and, as a result, genuine claimants who are in need of Canada's protection are left far behind and must endure long wait lists.

Fortunately, our Conservative government is taking action to crack down on this abuse and to strengthen the integrity and credibility of our immigration system. Bill C-31 will ensure that those who are in need of Canada's protection will receive it more quickly, while those who are abusing our system will be removed from Canada sooner.

Today I am going to focus my remarks on the provisions in this legislation that deal specifically with human smuggling.

Canada is working hard both at home and abroad to deter and prevent human smuggling. In 2010, Prime Minister Stephen Harper appointed a special adviser on human smuggling and illegal migration, who—

Protecting Canada's Immigration System ActGovernment Orders

March 26th, 2012 / 12:30 p.m.
See context

Conservative

The Acting Speaker Conservative Barry Devolin

Order. I would remind all hon. members that they ought not to refer to their colleagues by their given names. The hon. member for Vancouver South.

Protecting Canada's Immigration System ActGovernment Orders

March 26th, 2012 / 12:30 p.m.
See context

Conservative

Wai Young Conservative Vancouver South, BC

Mr. Speaker, in 2010, the Prime Minister appointed a special adviser on human smuggling and illegal migration to work with governments in source and transit countries as well as with international partners to promote co-operation to combat human smuggling. Canada has also worked hard to partner with local authorities in transit countries to combat human smuggling operations.

While these efforts abroad are important, despite our best efforts, human smuggling operations have continued to target Canada's generous immigration system. Canada must therefore send a clear and categorical message to those who plan to take advantage of us that human smuggling is a deplorable crime and will not be tolerated in Canada. Our Conservative government has been absolutely clear that any attempts to abuse Canada's generosity for financial gain will not be tolerated.

Bill C-31 sends the message that our doors are open to those who play by the rules, including all legitimate refugees, but we will crack down on those who endanger human lives and threaten the integrity of our borders.

Canadians gave our government a strong mandate to prevent the abuse of our generous immigration system. With Bill C-31, we are acting on that mandate.

Canada is a compassionate nation of immigrants with a proud history and tradition of welcoming refugees. At the same time, every sovereign country has a responsibility to protect its citizens and its borders.

With Bill C-31 our government is cracking down on human smugglers with a number of new measures. For example, Bill C-31 will make it easier to prosecute human smugglers and will introduce mandatory minimum sentences for convicted human smugglers. The bill will also target those ship owners and operators who will be liable for the use of their ships in human smuggling.

Experience has shown that cracking down on human smugglers alone is not an effective solution. Action must be taken to address the countless individuals who choose to be smuggled and who choose to pay organized crime large sums of money, sometimes up to $50,000 per person.

It falls on our government to protect Canadians. This is why Bill C-31 includes the mandatory detention of those who arrive as part of a human smuggling operation. Let us be clear that when they arrive we do not know who they are or what their purposes are. It takes some time to determine this.

That said, it is important to note that Bill C-31 includes one very important change from previous Bill C-4. The current legislation includes an exemption from automatic detention for minors under the age of 16. In addition, adults, people who are 16 years and older, will be released from detention as soon as they receive a positive opinion on their refugee claim from the independent Immigration and Refugee Board. Most bona fide claimants will get protected status and will be released from detention within a matter of months.

As previously stated, this provision is necessary as it protects Canadians. It would be irresponsible to release those involved in a criminal human smuggling operation before their identity or their purpose is established and officials have had time to determine whether or not they pose a risk to the safety and security of Canadians.

Only those asylum claimants whose identities cannot be established, who are a security risk to Canada or who are suspected architects of criminal activity can be held longer under the bill, and for good reason.

I am disappointed that the opposition NDP and Liberals believe that those who arrive on our shores should be released onto our streets and into our communities before we know who these people are and what their purposes are for being here, if they are criminals or terrorists, and whether or not they pose a threat. This is simply irresponsible.

It is also important to note that most other western democratic countries have had these detention provisions for some time and have had even more harsher detention provisions than what is before us today. In fact, other countries detain all asylum claimants. Compared to most other western democratic countries, Canada's detention provisions will continue to be used sparingly.

Bill C-31 will also prevent illegal migrants who are part of a smuggling operation from obtaining permanent resident status or bringing their family members to Canada for a period of five years. This legislation will ensure that taxpayer-funded medical benefits received by illegal migrants are not more generous than those received by the average Canadian. These measures are fair, necessary and will protect Canadians.

It is unfortunate that the NDP and the Liberals oppose our government's efforts to crack down on this despicable crime.

Benjamin Perrin, a law professor at the University of British Columbia, had this to say about them:

Maritime migrant smuggling is the deadliest form of illegal international travel and its illicit proceeds fuel criminality. Canada is an attractive destination for migrant smugglers and these new measures send a strong message that our country is no longer open for business to these criminals.

It is shocking to hear apologists for migrant smugglers portraying these criminals as providing a 'service' for illegal migrants seeking to enter Canada. Migrant smugglers have been linked to organized crime, human trafficking and terrorist organizations. They care nothing for the well-being of those they transport in perilous and often deadly vessels.

Genuine refugees are better served through the use of safe, legal channels such as group processing of refugees through the UN High Commissioner for Refugees in programs that Canada has participated in with success.

Michael Deakin-Macey, the past president of the board of directors of the Victoria Immigrant and Refugee Centre Society, has also praised the human smuggling measures included in Bill C-31. He 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 these smuggled refugees' claims are processed.

To all reasonable observers, the criminal enterprise of this human smuggling is an abuse of both Canada's generosity and the honesty of all the other immigration applicants.

We are pleased that the Government has sent a clear message that it will not be tolerated, and we welcome the introduction of 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.

Bill C-31, protecting Canada's immigration system act, would halt an illegal, second tier immigration system and make our immigration system faster and fairer. It would stop human smugglers, foreign criminals and bogus refugee claimants from abusing our generous immigration system and receiving lucrative taxpayer funded health and social benefits.

Bill C-31 would strengthen the integrity of Canada's immigration system and protect our country, our citizens and our communities. This is an important bill and a desirable goal that all members of the House should support.

Protecting Canada's Immigration System ActGovernment Orders

March 26th, 2012 / 12:40 p.m.
See context

NDP

Don Davies NDP Vancouver Kingsway, BC

Mr. Speaker, I must say how shocked I am to hear the misinformation that is coming from the government side, first from the member and, prior to that, from the Minister of Immigration who has referred to people who come to our shores by boat as illegal. That is false. International law recognizes that refugees can land at another country's border without a visa if they are escaping persecution. That is an absolute normative and legal way for a refugee to arrive on shores.

They are talking about jumping queues. There is no queue jumping when a refugee lands on the shore of another country. When the Jews escaped Nazi Germany, stealing away to Switzerland in the middle of the night, they were not jumping any queue. They were not applying for any visa.

The member said that the only people who would be locked up would be those engaged in criminal activity. I wonder if the member has read the bill? The bill mandates the government to lock up every person who is designated an illegal or an irregular entrant, including children 16 years of age, or separating families.

I wonder if the hon. member could explain to the Vietnamese community in Vancouver, all of whom escaped Vietnam in boats and most of whom paid someone to do it, why her government would call those people criminals, human smugglers and queue jumpers. What does she say to the Vietnamese community in the Lower Mainland in Canada who used those exact methods and who are being so tarred by this legislation?

Protecting Canada's Immigration System ActGovernment Orders

March 26th, 2012 / 12:40 p.m.
See context

Conservative

Wai Young Conservative Vancouver South, BC

Mr. Speaker, I am shocked and appalled that the member opposite would say that Canada should be opening its doors and borders to anyone who happens to arrive on a boat. That is precisely what he just said.

We know in this day and age of national security risks and the different events that have happened worldwide, even in Canada, there are risks inherent in people arriving on our shores illegally without any documentation or sense of purpose. I think it is entirely reasonable that Bill C-31 would detain people until those things can be clarified.

I would urge the member opposite to support our communities and protect Canadians and our country by supporting the bill.

Protecting Canada's Immigration System ActGovernment Orders

March 26th, 2012 / 12:45 p.m.
See context

Liberal

Francis Scarpaleggia Liberal Lac-Saint-Louis, QC

Mr. Speaker, I have one simple question for the hon. member. She and others on the other side have said that refugee claimants are queue jumpers. I am not sure I understand. It is my understanding that someone who arrives and is accepted as a refugee does not make it more difficult for a regular stream immigration applicant. I thought the two systems were completely separate so that one does not cross over into the other.

Is the hon. member saying that every time the IRB accepts a refugee in Canada, a sponsored, regular stream immigration applicant is refused?

Protecting Canada's Immigration System ActGovernment Orders

March 26th, 2012 / 12:45 p.m.
See context

Conservative

Wai Young Conservative Vancouver South, BC

Mr. Speaker, the member opposite, who has been a member for a lot longer than I, ought to know that Canada has a generous and welcoming immigration system and refugee accepting system on many different levels: one, as a United Nations designated refugee from camps abroad and elsewhere; and, two, as a group sponsored refugee where churches and various groups can get together to sponsor people they are aware of in specific cases.

The member is trying to mix apples and oranges by saying that people who arrive on our shores, often without documentation, without any sense of who they are, should be put under the government's categories where we know that people are genuine refugees.

In addition, the member opposite should recognize and acknowledge that it takes a while to get in front of the Immigration and Refugee Board, in some cases a number of months, and that, until such time, we do not know who these people are nor their purpose for being in Canada. The bill would ensure the safety of our communities and the safety of our citizens and it would ensure we have some time to determine who they are and their purpose for being in Canada.

Protecting Canada's Immigration System ActGovernment Orders

March 26th, 2012 / 12:45 p.m.
See context

NDP

Jamie Nicholls NDP Vaudreuil—Soulanges, QC

Mr. Speaker, I am concerned about the changes being considered in Bill C-31 to the humanitarian and compassionate provisions of our refugee laws. It also concerns me that changes will be made to the designated country of origin provisions.

I would like to register my concern with the provision that suggests that the Canadian state will take the children of refugees from their families and take care of them.

We have heard a lot from the other side about the generosity of our refugee and immigration system but this was not always the case in Canada. I will talk a bit about that history in order to inform members of how that law developed and how that generosity developed.

I will now talk about the state taking children away from their families. Not long ago, in 2008, the government apologized to the first nations people because, in the past century, first nations children were separated from their parents and their culture in an attempt to force assimilation with the government complicit in the destruction of an entire generation. The repercussions of those decisions are still being felt. Its waves ripple out into society and are felt deeply. The misery of an entire generation carries a heavy burden upon the next and for many other generations to follow.

The government also apologized for the Chinese head tax, an amazing sum of money the Chinese people had to pay to come to our great country in a calculated bid to keep Chinese people from coming to our shores. When the act of 1885 did not work in the bid to keep Chinese people out, the government, in 1923, imposed the Chinese Immigration Act, known in the Chinese Canadian community as the Chinese exclusion act. The government only repealed that act 24 years later in 1947.

When we look at all the contributions that the Chinese Canadian community has made and how integral it is to our Canadian fabric, we need to scratch our heads in wonder about the discrimination and fear of our forefathers. It is clear that our predecessors, both the Liberals and the Conservatives, who sat in this chamber were wrong at that time. In his great wisdom, Mackenzie King ensured that the act was enforced on Dominion Day. The Chinese Canadian community at the time referred to that day as humiliation day. It is hardly something to be proud of.

When we think of that decision and the great length to which Canada actively discriminated against people of Chinese origin, we know now, with the distance of time, that we were wrong. In 2006, the Prime Minister apologized for that wrong.

Something else from the Mackenzie King-R.B. Bennett era that I would like to talk about today shows that we as legislators sometimes make bad judgments. It relates somewhat to the DCO provisions in Bill C-31.

During the second world war, only 5,000 people of the Jewish faith were admitted to Canada. Between 1930 and 1934, during the period of Bennett and King, nearly 17,000 immigrants were deported for having become a public charge, which was the term of the day. People were deported for union activities or membership in the Communist Party. By 1935, 20,000 people were deported. Some people were deported for something as minor as vagrancy. That is the dark history of previous legislators that we have in this chamber.

During the Great Depression, it was easier for a government to blame the other, to direct discrimination and hatred toward those who spoke too loud, said unpopular things, believed in the wrong God or in no God at all, and people with the wrong colour of skin or people who spoke different languages. It was the failure of Canada to take in the Jewish people after seeing the horror of the death camps that led to the foundations of our current refugee policy.

It was seeing the folly that we had made in the earlier part of the 20th century and our lack of compassion for the other that led us to liberalize, open up our refugee policy and be more accepting of refugees. We are so often wrong when it comes to judging the other and our history here is clear.

During the difficult period of the depression in the 1930s and during the period of World War II, anti-Semitism was rife all over the world. It was rife in Canada as well. During the 1930s, people did not believe that things in Germany were so bad. Germany's economy was being well managed by a capable leader who sometimes seemed intolerant and scary, but he essentially managed the country like a clock. However, we stood in horror when we saw that regime also killed people like clockwork in a systematized manner. It killed six million people. This accumulated discrimination, this rhetoric of discrimination that happened during hard economic times was turned into a killing machine with the state killing people.

Anti-Semitism was rife, but Canada only took 5,000 of those people who were being persecuted at that time. Anti-Semitism was rife then and it still lives today, as does Islamophobia. When I heard the Prime Minister say on national television that the greatest threat to our nation was Islamism, it gave me pause. As someone who firmly believes that history shows us where we have strayed so that we can do better in the present, forgive me for saying that I fear a government when it points the finger at the other and criminalizes the other, especially during economic hard times.

Would Oskar Schindler have been considered a human smuggler? How would the passport forgers of Europe have been considered during the Great War if this legislation had been in place? For the people who illegally made passports for Jewish people to get out of their country, how would they be considered? Would they be considered criminals? We have to ask these questions.

When I hear members opposite talk about people not going through proper channels and jumping the queue, it disturbs me. These are divisive politics so dangerous to the Canadian fabric. It foments fear of the other. They are the reactionary actions of a reactionary government. Let us think upon the dark history that I mentioned, and I have only touched on a couple of points.

I am very proud of my country and I do not want to be misinterpreted. I am a proud Canadian and proud of our great history, but I am also cognizant that we do have darker elements to our history. We have to think about the decisions, the rhetoric and terms that we use for other people coming to our shores. A person fleeing persecution being called a queue jumper disturbs me. We have to think of the dark history and of the decisions being made in this chamber. Let us think about that and ask this question. Who will apologize for the actions of the current government? Of the future legislators who sit in this chamber, who will have to stand to apologize to the victims of this present policy?

Protecting Canada's Immigration System ActGovernment Orders

March 26th, 2012 / 12:55 p.m.
See context

Calgary Southeast Alberta

Conservative

Jason Kenney ConservativeMinister of Citizenship

Mr. Speaker, that speech was absolutely ridiculous. The bill before us now, which amends the Immigration Act, would exceed Canada's obligations under the UN convention on refugees and the charter of rights. All asylum claimants, regardless from which country they came or the manner of their arrival, would have a full and fair hearing on the merits of their claims at the Immigration and Refugee Board. To in any way compare this to the refusal of Canada to allow, for example, the St. Louis to enter territorial waters or the “None is too many” policy of the Mackenzie King government, is outrageous and demagogic.

I understand the demagogic tradition of the hon. member. On May 26 of last year he attended a rally in Montreal, organized by No One Is Illegal and Solidarité sans frontières. This is an organization that opposes any restrictions on immigration. It believes there should be no limits of any kind on immigration to Canada, including for foreign criminals. It is opposed to the deportation of anyone, not only manifestly unfounded and rejected asylum claimants, but even dangerous foreign criminals and terrorists.

By the way, the hon. member for Vancouver Kingsway attended a rally for this organization, No One Is Illegal, last week in Vancouver. The head of that organization, who organized the rally attended by those two members, has explicitly endorsed the violent, anarchist tactics of the Black Bloc.

Is that really the policy of the NDP, an anarchist policy that opposes the removal of even dangerous foreign criminals?

Protecting Canada's Immigration System ActGovernment Orders

March 26th, 2012 / 12:55 p.m.
See context

NDP

Jamie Nicholls NDP Vaudreuil—Soulanges, QC

Mr. Speaker, now I am being smeared as an anarchist, even though I sit in this chamber.

My belief is that even if we make the mistake on one person, that person goes back and gets tortured and persecuted. If the person loses his or her life due to the intolerance and the decisions of the government, if any child gets separated from his or her family, is taken care of by the Canadian state and gets psychologically damaged in any way, then the government is responsible.

This is what I am saying. If we make a mistake with even one person due to the intolerance of the government and this legislation, then we will have failed and will have to apologize in the future for those actions.

Protecting Canada's Immigration System ActGovernment Orders

March 26th, 2012 / 1 p.m.
See context

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I want to go back to the issue of the safe countries list. It is an issue that has been dealt with in previous sessions of the House of Commons.

When there was a minority situation, the government unanimously, through the House, passed legislation that in essence deemed that a country would be added to the safe countries list on the basis of a recommendation coming from an advisory committee made up of professionals who could develop what safe country would be added to the list. This current legislation now gets rid of that recommendation, a recommendation that was unanimously supported by the House of Commons just a couple of years back.

Could the hon. member provide comment as to why he believes it is an important amendment to this current legislation to ensure the advisory board is reinstated?

Protecting Canada's Immigration System ActGovernment Orders

March 26th, 2012 / 1 p.m.
See context

NDP

Jamie Nicholls NDP Vaudreuil—Soulanges, QC

Mr. Speaker, the hon. member across mentioned demagogy.

The NDP believes it is better to have experts and evidence backing up policy. To have a panel of experts who would develop the designated countries list is much better than having the demagogy of one immigration minister and his cronies saying which countries are safe and which are not.

I would trust experts and evidence much more than the political whims of a certain minister during a certain day.

Protecting Canada's Immigration System ActGovernment Orders

March 26th, 2012 / 1 p.m.
See context

NDP

Tarik Brahmi NDP Saint-Jean, QC

Mr. Speaker, I thank the hon. member for Vaudreuil-Soulanges, who reminded us of some of the darkest moments of human history and the plight of Jewish deportees.

I wonder if he could comment on any similarities that may exist with the plight of the Roma from the Czech Republic and Romania, for instance, two countries that this government considers safe.

Protecting Canada's Immigration System ActGovernment Orders

March 26th, 2012 / 1 p.m.
See context

NDP

Jamie Nicholls NDP Vaudreuil—Soulanges, QC

Mr. Speaker, I lived in Turkey for five years, where the Roma people live in much worse conditions than the general population. From what I understand, the conditions are even worse in eastern European countries. We need to remember that the Roma live in difficult circumstances even if they live in a democracy with a relatively strong economy and a responsible government. In many such countries, there are populations, like the Roma, who are persecuted in a more clandestine manner.

Protecting Canada's Immigration System ActGovernment Orders

March 26th, 2012 / 1 p.m.
See context

Conservative

Nina Grewal Conservative Fleetwood—Port Kells, BC

Mr. Speaker, I am very pleased to rise today on behalf of the constituents of Fleetwood—Port Kells to participate in the debate on Bill C-31, protecting Canada's immigration system act.

Our Conservative government recognizes the importance of immigration to our great country. That is evident in our actions and policies. Since 2006, the Government of Canada has welcomed the highest sustained level of immigration in Canadian history. Our government has also continued to strengthen and support our generous refugee system, which is an important expression of the compassionate and humanitarian convictions of Canadians and of our international commitments.

Canada remains one of the top countries in the world to welcome refugees. In fact, we welcome more refugees per capita than any other G20 country, because this government understands the importance of the immigration system to Canada's future. It also understands the importance of remaining vigilant about keeping that system functioning in our national interest. To do so, we must always be prepared to make improvements to the system according to changing circumstances and identified shortcomings.

Bill C-31 would do exactly that. When there is a system in place as generous as Canada, it is particularly important to guard against the abuse of that system and that generosity. Indeed, for too many years our refugee system has been abused by too many people making bogus claims. Our system has become overwhelmed by a significant backlog of cases. More recently, we have grown more and more concerned about a notable upsurge of refugee claims originating in countries that we would not normally expect to produce refugees. This is adding to our backlog.

Allow me to specify exactly what I mean by that.

It comes a surprise to many Canadians to learn that Canada receives more asylum claims from countries in Europe than others in Africa or Asia. Last year alone, almost one quarter of all refugee claims made in Canada were made by EU nationals. Let us think about that. EU countries have strong human rights and democratic systems similar to our own, yet they produced almost 25% of all the refugee claims to this country in 2011. That is up from 14% in the previous year.

These bogus claimants come with a large price tag for Canadian taxpayers. In recent years, virtually all EU claims were withdrawn, abandoned or rejected. The unfounded claims from the 5,800 EU nationals who sought asylum last year cost Canadian taxpayers $170 million. Under the current system, it takes an average of 4.5 years from an initial claim to remove a failed refugee claimant from the country. Some cases have even taken more than 10 years. The result is an overburdened system and a waste of taxpayer money. For too long, we have spent precious time and taxpayer money on people who are not in need of protection at the expense of legitimate asylum seekers.

The protecting Canada's immigration system act would help speed up the refugee claims process in a number of ways, such as changing the designated country of origin policy to enable the government to respond more quickly to increases in refugee claims from countries that generally did not produce refugees, such as most of those in the European Union. Claimants from those countries would be processed in about 45 days, compared to more than 1,000 days under the current system. Claimants from designated countries of origin would also have their claims heard sooner and would not have access to the new refugee appeal division.

Moreover, it would also further streamline the process by limiting access to appeals for other countries, such as by claimants with manifestly unfounded claims or claims with no credible basis at all. It would enable more timely removals from Canada of failed refugee claimants.

Taken together, these measures send a clear message to those who seek to abuse Canada's generous refugee system. It tells them that if they do not need our protection, they will be sent home quickly. They would not be able to remain in Canada by using endless appeals to delay their removal. At the same time, if they need refugee status, these measures would help them get protection even faster. Every eligible asylum claimant would continue to get a fair hearing at the Immigration and Refugee Board.

Once these needed changes are implemented, Canada's refugee determination system would remain one of the most generous in the world.

The protecting Canada's immigration system act would also deal with the despicable crime of human smuggling. Human smugglers are criminals who operate around the world, charging large amounts of money to facilitate illegal migration. Each year, countless people die while taking these dangerous journeys. Bill C-31 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 to determine their identity, admissibility and whether they have been involved in illegal activities. It is important to mention here that once a person's refugee claim has been approved, that person would be released from detention.

It would also make it easier to prosecute human smugglers and would impost mandatory minimum prison sentences on those convicted of human smuggling. It would hold shipowners and operators to account when their ships are used for human smuggling.

It would enhance our ability to revoke the refugee status of people who are no longer in need of Canada's protection and of those who have gained that status through misrepresentation. It would reduce the attraction of coming to Canada by way of illegal human smuggling, by limiting the ability of those who do to take advantage of our generous immigration system and social services.

One notable improvement in Bill C-31 from Bill C-4 is that mandatory detention would exclude designated foreign nationals who are under the age of 16.

Our government continues to be absolutely clear that human smuggling is a despicable crime and any attempts to abuse Canada's generosity for financial gain will not be tolerated. With this bill, we will crack down on those who endanger human lives and threaten the integrity of our borders.

The protecting Canada's immigration system act also includes a framework for the collection of biometric information, photographs and fingerprints, in the temporary visa program and will establish parameters for how this information can be used and disclosed by the RCMP in order to enforce Canadian law. The use of biometrics would bring Canada in line with other countries that already use biometrics in their immigration programs, such as the United Kingdom, Australia, the European Union, New Zealand, the United States and Japan, among others.

To maintain the support of Canadians for our generous immigration and refugee system, we must demonstrate that Canada has a fair, well-managed system that does not tolerate queue jumping. Bill C-31 will ensure that genuine refugees in need of protection will receive it sooner, while those who are abusing Canada's generosity will be removed more quickly.

I am proud to support this important piece of legislation and hope that all of my colleagues will work together to ensure the timely passage of this bill.