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.

[Nycole Turmel, NDP, Hull—Aylmer, QC]

Thank you, Mr. Chair.

It is a pleasure to be with you.

I want to ask a question of the minister. Under Bill C-11 you had an independent committee with a role to establish safe countries. At the time, you said this was a great idea. I want to quote what you said at that time:

Regulations would also require that a designation can only be made if an advisory panel including at least two independent human rights experts recommends it.

These amendments go a long way in providing greater clarity and transparency around the process of designation.

Now this is part of Bill C-31, as you know very well, so here's what I want to know. Were you wrong at the time on the clarity and transparency when you said it, or are you wrong not to remove it...? So one way or the other....

[Jason Kenney, Conservative, Calgary Southeast, AB]

One of the reasons we proposed additional reforms to our asylum system through Bill C-31 is that since the adoption of the Balanced Refugee Reform Act in June of 2010, we have seen a growing wave of unfounded asylum claims coming in, particularly from member states of the European Union—last year, 5,800 EU claims—which has created the bizarre situation that we're getting more asylum claims from the European Union than we do from Africa or Asia.

I mentioned this in my speech to the UN High Commissioner for Refugees 60th anniversary meeting in Geneva, and there were visible gasps in the audience. The high commissioner himself said that was the single most remarkable thing he had heard during the conference.

It just strikes us as being, at best, peculiar. Virtually none of those EU asylum claimants actually show up for their hearings. Since we've had the visa exemption for the Czech Republic, Hungary, and other European countries in 2008, about 95% of claimants have abandoned or withdrawn their own claims. That is to say, through their own admission, they're saying that they made claims but they didn't need Canada's protection.

So clearly we need flexible tools to address highly organized waves of unfounded claims coming from democratic countries, where life may not be perfect, but if you are a citizen of an EU member state, you can move. If you need protection, you can cross into any one of another 27 states. Why is it, I ask myself, that there were I think zero asylum claims from the EU in Australia last year, and I think about 30 in the United States, but 6,000 in Canada?

[Costas Menegakis, Conservative, Richmond Hill, ON]

Yes, we did indeed hear from the RCMP, CSIS, and CBSA—acronyms again—and certainly we saw a willingness, even for cross-department communication, to ensure that we secure the borders as much as possible.

Minister, if I may, I'd like to ask a question about one of the issues that Bill C-31 actually addresses; that is, dealing with people who are claiming refugee status and who come from countries around the world that have democracies much like ours. Can you tell us really how effective you think that would be?

[Jason Kenney, Conservative, Calgary Southeast, AB]

In respect of the Bill C-31 provision, we wanted to clarify what we had said before, which is that the minister had discretion under Bill C-4 to release minors from detention. We wanted to clarify because there were misunderstandings fueled by you and others that we are going to have mandatory detention of all minors, without discretion.

We wanted to be clear that the default position will be to release unaccompanied minors from detention if they are coming in as designated irregular arrivals.

[Don Davies, NDP, Vancouver Kingsway, BC]

Fair enough.

Bill C-4, which is the very first bill that you introduced in this Parliament, the so-called human smuggling bill, has been scrapped and rolled into Bill C-31. That first bill you introduced, Bill C-4, actually required the mandatory imprisonment of children of any age if they arrive by irregular means.

Of course, in Bill C-31, the only change made to that provision is that you've taken it out. Now only children who are 16 or 17 would face mandatory imprisonment. Would you acknowledge that it was a mistake in Bill C-4 to have unbridled imprisonment of children, regardless of their age?

[Jason Kenney, Conservative, Calgary Southeast, AB]

It is our contention that Bill C-31 complies with the charter, and that there is a compelling rationale to identify smuggled migrants who have arrived here illegally before releasing them from detention.

[Jason Kenney, Conservative, Calgary Southeast, AB]

Yes, we have. We believe that Bill C-31 complies with the Charter of Rights and Freedoms. We believe there is a compelling policy objective in ensuring that we have identified illegal and irregular migrants. These are people who typically arrive without documentation in suspicious circumstances, who by definition have been smuggled into Canada by a criminal organization in violation of multiple laws.

We believe there is a compelling security rationale for maintaining immigration detention for such individuals until we have identified who they are. In a vast majority of these cases, though, it is a practical reality. Smuggled migrants who make asylum claims will benefit from the accelerated timelines of our faster asylum system. In many cases, if they are in fact bona fide refugees they would receive protected person status and be released from detention in a matter of months.

[Jason Kenney, Conservative, Calgary Southeast, AB]

First of all, you can find a lawyer to offer you any opinion, and we are confident that Bill C-31 complies with the charter.

[Don Davies, NDP, Vancouver Kingsway, BC]

Thank you.

I'd now like to turn to Bill C-31.

Mr. Minister, mandatory detention without review is a clause that is present in Bill C-31. A very similar clause has been ruled unconstitutional by the Supreme Court Canada in the security certificate case. How much money does the government expect to pay to defend the charter challenge that lawyers across this country have said inevitably will come?

[Jason Kenney, Conservative, Calgary Southeast, AB]

Thank you.

The IRB is funded to make up to 25,000 asylum decisions per year. In any given year, if we get more than 25,000 asylum claims the backlog will go up. If we get fewer than 25,000 claims, it will go down. Fortunately, through the visa impositions on Mexico and the Czech Republic, plus additional resources to the IRB as a part of backlog reduction, it managed to see the backlog come down quite significantly, by almost 20,000 cases in the past two years. I am hopeful that the new faster and fairer asylum system we will put in place this fall following the presumptive adoption of Bill C-31 will discourage significant numbers of unfounded asylum claims, thereby reducing the intake of new claims and allowing us to further reduce the backlog.

[Rick Dykstra, Conservative, St. Catharines, ON]

Moving on a little bit, one of the other areas that's still in relation to expenditures and backlog is the reduction that we've been able to make on the refugee side of things. Explicit under the guise of Bill C-11, there was an investment made to work in the coming year and years towards a reduction from a little over 60,000 to around 45,000. I wonder if you could comment on whether we are going to continue down that road in terms of moving down and trying to get the backlog down. I know that Bill C-31 does start to address it, but from a fiscal and financial perspective we'll have the wherewithal to be able to act on that.

[Jason Kenney, Conservative, Minister of Citizenship]

He's been travelling.

Thank you, Mr. Chairman. I am pleased to be here with Deputy Minister Yeates, Assistant Deputy Minister Deschênes, and Assistant Deputy Minister Linklater. Madame Deschênes does operations and Mr. Linklater does policy. Our chief financial officer, Amipal Manchanda, who is fairly new in that position, is doing a great job.

I am pleased to be here today to present the main estimates for my department for fiscal year 2012-2013. I appreciate this opportunity to talk about our priorities for this upcoming fiscal year.

I want to thank the committee for your contributions to some of the things we've been able to accomplish over the past year. In particular, I want to take this opportunity to thank and commend members, once again, for your excellent report on the issue of immigration backlogs.

As you know, Chairman, a major focus for my department in the past year has been on reducing immigration backlogs. We want to modernize our system and make it more responsive to the needs of our economy. That's why we are asking for an additional $25 million to modernize the immigration system.

Another major focus this past year has been on improving the integrity of our immigration and refugee systems, which is why a large portion of our increase in main estimates funding—that is to say, $51.8 million—will go toward our biometrics screening project for temporary residents, which you know is before the House for statutory authorization in the form of Bill C-31.

We always need to be vigilant to ensure that the immigration system continues to function in our country's interest. As I stated at my last appearance, biometrics is a great example of ensuring our immigration system is as modern and up to date as possible. We also need to modernize our system in other ways, to ensure that immigration can respond to our labour market needs. We need to make sure that the skilled immigrants we choose are the ones most likely to succeed in our economy as soon as they arrive. All of this means that we need a fast immigration system—one that enables us to quickly select those who have the skills we need when in fact they are needed.

We are always looking to make improvements to the system so that it serves Canada better. Let me quickly review some of the progress we have made to date.

First of all, we have made progress with our provincial colleagues with respect to the Pan-Canadian Framework for the Assessment and Recognition of Foreign Qualifications. We now have clear processes in place to assess credentials in eight regulated occupations, and by the end of this year, we plan to add six additional regulated occupations to that list.

We have greatly expanded the Provincial Nominee Programs, which have begun to better address labour shortages in regions across the country.

For example, through the Canadian experience class we've now granted more than 10,000 temporary foreign workers and foreign students permanent residency here in Canada. These are people who are already pre-integrated and set to succeed with work experience and/or degrees that will be recognized by Canadian employers.

While we have made much progress, the persistent problem of backlogs runs contrary to our country's interests. They aren't fair to applicants who wait in line for years before they can come to Canada, often putting their lives on hold, and they certainly don't work in the best interests of our economy.

Let me focus on one particular stream that was the subject of much of your recent study, and that is the parents and grandparents category. They can currently expect to wait up to seven years before being reunited with their families in Canada. At the end of September last year we had 168,000 people in the parents and grandparents category awaiting the processing of their applications. This means that wait times can only be shortened if we reduce the backlog.

As you know, in December we introduced phase one of our action plan for faster family reunification. It includes a temporary pause of 24 months on new applications; a significant increase in admissions through this program—a 60% increase to 25,000 admissions per year; and a period of consultation as we decide how best to retool the program so it's sustainable in the future. Unless the intake of parents and grandparents is managed before we lift the pause on applications, the backlog will have the potential to quickly balloon to an unmanageable size. So each year Canada will need to manage intake to ensure that inventories are consistent with prompt processing.

What does it mean if we decide as a country to admit, let's say, 15,000 parents and grandparents a year? We shouldn't be taking in more applications than that. In fact, we should be taking in fewer applications than that until the backlog is down to a manageable inventory.

As you know, we've been applying this tool of limiting new applications through the application of ministerial instructions quite successfully to the federal skilled worker program since 2009. As a result, the fast track in that program means that applicants are often being accepted in less than 12 months rather than seven or eight years, and we've managed to reduce that backlog very considerably.

As I indicated at my last appearance, we are currently examining a number of options to further reduce the backlog and which represents 400,000 applications in total. For example, we have launched a pilot project that will allow provinces to “mine the backlog”. In other words, it would allow provinces to review the backlog and nominate those applicants they think their economies need right now.

But we need to do more.

We want to move away from the current slow-moving passive system, where people from overseas simply put their applications in our system and arrive in Canada without jobs, often taking several years before they find success, even if they were so lucky. We need to have a nimble and proactive immigration system where Canadian employers are actively recruiting people in the international labour market from abroad—people who they are confident can come and work at their skill level upon arrival. Right now our slow-moving, rigid, and passive system is ridden with backlogs, and we need to move to one that's fast and nimble. We are on a path to transformational change, but much more work remains to be done.

Mr. Chair, I want to thank you for the opportunity to appear before you today. I've detailed some of the ways we are working to make immigration more responsive to our economy, and ensure that it serves the interests of all Canadians.

In closing, I would say that it is very nice to see Ms. Turmel, our former Interim Leader of the Official Opposition, at this committee. It's very nice to see the member here.

Protecting Canada's Immigration System Act

[Kelly Block, Conservative, Saskatoon—Rosetown—Biggar, SK]

Mr. Speaker, when I was at home in my riding over December and January, I had an opportunity to meet with many of my constituents, who absolutely understand that our system is being abused.

To be clear, Canada has the most fair and generous system in the world. Canadians know this. Whether addressing refugee reforms, human smuggling or implementing the use of biometric data, Canadians are very aware that all of these things need to be addressed. That is what we are doing through Bill C-31.

This bill would provide more protection more quickly to those who are truly in need. It would weed out the bogus claimants who are abusing our generosity. It would save Canadian taxpayers at least, as we have said many times, $1.6 billion over a five year period.

To underscore my comments on these facts, I would like to quote from The Edmonton Journal editorial, “Good moves on refugees”, from February 17:

Given the financial stress placed on our system by those numbers, 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.

[Don Davies, NDP, Vancouver Kingsway, BC]

Mr. Speaker, parliamentarians on this side of the House will never support a bill that would jail children. The government thought that was a good idea, to bring forth a bill that would jail refugees, men, women and children, for up to a year.

The government has made one change and will now only jail children who are 16 or 17 years old. However, what happens if a refugee family arrives with an eight-year-old child? Do we really think that those parents are going to stay in detention for a year and allow the state to separate them from their eight-year-old child? Absolutely not. We all know what will happen: The eight-year-old child will stay with the parents. Hence, we are still looking at children being jailed with their parents, and the government knows it.

The minister has said that the UN High Commissioner for Refugees approves of his designation of certain countries as safe. New Democrats have checked and what the high commissioner has really said is that if Canada is going to have a system designating countries as safe, there must be an appeal on the merits from an initial decision. Bill C-31 denies refugee claimants from designated safe countries an appeal before the refugee appeal division. I know the minister is not a lawyer, but he should know that an appeal to the Federal Court is not an appeal on the merits; it is an appeal only on natural justice.

My question for the member is this. How can she justify a bill that deprives people of access to the refugee appeal division depending on the country they come from, in violation of what the UN High Commissioner for Refugees has required?

[Kelly Block, Conservative, Saskatoon—Rosetown—Biggar, SK]

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

Canada is a welcoming and generous nation. In fact, Canada welcomes one in ten of the world's resettled refugees, almost more than any other country in the world. Our Conservative government is increasing the number of resettled refugees by 20%, to 14,500.

In addition to resettled refugees, many people flee their country of origin because they are persecuted and fear for their life. Unfortunately, Canada's immigration system is being abused by people who are not refugees, by people who would rather break the rules or pay to be smuggled into the country instead of waiting their turn in line.

For far too long, foreign criminals, human smugglers and bogus refugees have abused our immigration system. This abuse comes at a great cost. It is not just the monetary cost borne by Canadian taxpayers. It also comes at a cost to genuine refugees who are waiting longer than they should to get a decision on their claim and receive Canada's protection.

Today I stand in defence of genuine refugees, in defence of Canada's border integrity and for all Canadians whose abundant generosity has been exploited. The facts speak for themselves. Canada receives more refugee claims from the European Union than from Africa or Asia. More specifically, EU member state, Hungary, has become Canada's top source country for refugee claims. Hungarians made over 2,400 refugee claims around the world in 2010 and, of those, 2,300 were made in Canada. That is 23 times more claims made in Canada than in the rest of the world put together.

Further, in 2011, Canada received more than 4,400 claims from Hungarian nationals. These numbers have risen dramatically to the point where Hungarian nationals constituted 18% of all claimants to Canada in 2011. Yet, in the last few years, virtually all of the refugee claims from EU nationals were rejected, abandoned or withdrawn.

The average failed refugee claimant costs approximately $55,000. That means that the unfounded claims from the 5,800 EU nationals who sought asylum last year alone cost Canadian taxpayers $170 million. The facts make it clear that our immigration system is being abused.

Bill C-31 would make several improvements to our asylum system that would make it faster and fairer. An essential feature of Bill C-31 is the ability of the government to designate safe countries that do not typically produce refugees and who respect human rights. It is proposed that hearings on claims for people from safe countries would generally occur within 45 days compared to the current system in which it takes over 1,000 days for a decision.

Under Bill C-31 , all eligible refugee claimants, including those from designated countries, would continue to receive a fair hearing at the independent Immigration and Refugee Board and would be able to seek judicial review of a negative decision to the Federal Court. To put the huge financial costs of bogus refugee claimants in perspective, it is estimated that Bill C-31 would save Canadian taxpayers approximately $1.6 billion over a period of five years.

In addition to refugee reform, Bill C-31 includes measures to crack down on human smuggling. Human smuggling is a serious and despicable criminal offence that endangers human lives while stuffing the pockets of criminal organizations. This bill would send a clear message that the abuse of our immigration system by human smugglers will not be tolerated and every effort will be made to ensure the safety and security of all Canadians.

The proposed legislation would make it easier to prosecute human smugglers and impose mandatory minimum prison sentences of up to 10 years on convicted smugglers. We must change the perception of Canadian shores being a vulnerable target for these migrant vessels. It is important to continually strengthen our laws to ensure that we have the tools necessary to hold offenders accountable.

Bill C-31 also deals with the pull factors that result in migrants choosing to pay tens of thousands of dollars to be smuggled into Canada. Experience has shown that both the push and pull factors must be addressed to effectively deter human smuggling. It is important to underline that when migrants arrive as part of an illegal smuggling operation, they usually do not have documentation or have fraudulent documentation. It takes time to establish their identities and determine whether they pose a threat to the safety and security of Canadians and whether they are architects of the operation.

It is completely reasonable and expected by Canadians that smuggled migrants would be detained until their identities have been established and decisions made on their claims. To suggest that these people should immediately be released into our communities without knowing whether they pose a threat is completely irresponsible. It is important to note that under Bill C-31 minors under the age of 16 would not be detained.

Bill C-31 also includes provisions to ensure that the health benefits received by those who arrive as part of an illegal human smuggling operation are no more generous than what are received by the Canadian taxpayers who fund these benefits. Further, Bill C-31 would also prevent smuggled migrants from sponsoring subsequent family members for a period of five years. By addressing the pull factors that lead to the use of criminal human smugglers, Bill C-31 would be more effective at deterring this despicable crime from happening in the first place.

Finally, Bill C-31 would provide the government with the authority to collect biometric data from temporary residents seeking entry into Canada. Biometrics will be an important new tool to help protect the safety and security of Canadians by reducing identity fraud and identity theft. As fraudsters become more sophisticated, biometrics will improve our ability to keep violent criminals and those who pose a threat to Canada out of our country. Unfortunately, there are countless examples of serious criminals, human smugglers, war criminals and suspected terrorists, among others, who have entered Canada in the past. Under Bill C-31, foreign criminals would be barred from entering Canada thanks to biometrics.

Further, biometrics may result in faster processing and shorter wait times for legitimate visitors and immigrants to Canada, as visa officers would have an additional tool to help them make their decisions. The use of biometrics would put Canada in line with most other western countries, such as Australia, the U.K., the European Union, Japan and the United States, which are already using or preparing to use biometrics in immigration matters.

Bill C-31 would strengthen the integrity of our immigration system. This would mean that genuine refugee claimants would receive Canada's protection sooner. It would also mean that bogus refugee claimants who are abusing Canada's generosity would be processed and removed from the country more quickly. Bill C-31 would provide an expedited secure process for those who are genuinely in need of asylum and protection. It would provide a just framework from which Canadians could feel secure in knowing that their tax dollars were contributing to a structured and thoughtful refugee system.

Finally, this bill would protect our borders from dangers that all Canadians stand united in opposing. These changes are necessary and deserve the support of all parliamentarians.

[Ève Péclet, NDP, La Pointe-de-l'Île, QC]

Mr. Speaker, I am very pleased to rise in the House today to speak to Bill C-31. My colleagues across the floor will be happy to hear that I have almost lost my voice. So, this will be different than some of my speeches in the past. However, it is for a good cause.

We are talking about Bill C-31. First of all, what is dangerous about this bill is the concentration of power that it puts in the hands of the minister. We know very well that a minister should not have any say in processes that have been democratically created. For instance, in the past, to determine whether a country was safe or not, a panel of experts, including human rights specialists, had to be created. This bill gives that power to the minister. Why create a system that is much more arbitrary and less democratic to replace an existing process, an institution that has proven successful for Canada?

The government will agree with me that our immigration system was very well structured, despite certain delays. It does need some changes, but does that mean the government has to destroy our democratic institutions? Is that what the government is talking about when it talks about modernizing our Immigration and Refugee Protection Act?

I do not believe that the changes proposed by the minister will modernize the system. I believe they represent a step backwards. The government wants to control everything. I could give a number of examples. My colleague told me about a young Mexican he tried to save and help. Mexico would not be considered an unsafe country, and most refugees from Mexico would be sent back there. Yet all international organizations agree that Mexico is not a safe country. I sit on the House Subcommittee on International Human Rights. The subcommittee heard testimony from a Mexican delegation about how dire the situation was for people in Mexico. Human rights are constantly being violated by the government, which is corrupt and has been infiltrated by criminal organizations. It is very difficult for homosexuals in Mexico to live openly, even though the country is not considered to be unsafe.

Certainly, some European countries are democratic and developed in a sense, but there is pressure on human rights advocates and the rights of homosexuals, women and young women are not respected. Even though there is no armed conflict or danger, these people are often mistreated, arbitrarily imprisoned or tortured.

I have done a lot of work for Amnesty International, and I have met many political prisoners from countries like Greece, which would certainly not be considered unsafe, people who had acid thrown in their faces because they campaigned for human rights and union rights.

The powers the bill gives the minister are not democratic. They are arbitrary. It is not modernizing when a bill destroys our democratic institutions and puts powers in the minister's hands. I am not saying that the minister is acting in bad faith, but I wonder why the government has to destroy our democratic institutions to give itself powers.

It is important to know that there was a great deal of opposition to Bill C-4 across Canada. Many credible organizations, lawyers' groups and international agencies spoke out against Bill C-4 saying that it violates international conventions, the Canadian Charter of Rights and Freedoms and the fundamental rights of refugees. It is important to say that, even though the government dropped Bill C-4 from the order paper, it has reappeared in Bill C-31.

It is the same thing. It is called an omnibus bill. The government introduced its omnibus bill on criminal justice. It is doing the same thing today in the House by including clauses that go against the fundamental rights of Canadians and refugees, and that violate a number of basic principles of justice and of our democratic society. This bill has hidden clauses in order to keep the public in the dark. It is a practice commonly used by right-wing governments. They keep the public in the dark by withholding information so that the public is unaware of what is going on.

This strategy is condemned in many countries. One might say we are living in a dictatorship here. We do not have access to information and information is being hidden from Canadians. For the government to then blame the NDP is completely intolerable. The Conservatives form the government. They need not lay blame on the opposition parties. This government has a majority. If the government's bills violate the rights of Canadians, then it is the government's fault. The government need not blame the NDP.

Bill C-31, like Bill C-4, once again concentrates power in the hands of the minister. For example, humanitarian considerations cannot be cited when a claim is pending or within one year of a failed claim.

It is important to know that, after filing a claim, claimants have a very short period of time—15 days—to prove that they are not safe in their country. These people are at a disadvantage and cannot speak neither French nor English. They are given a mere 15 days to prove that they are in danger in their country. The government talks about red tape and so forth.

The government has 15 days to examine the claim, or it is rejected. That does not make sense at all. Our life could be in danger even if we come from a developed and democratic country. The minister must know this.

I have also heard the minister talk about illegal immigrants. We know that there is a difference between refugees and immigrants. Refugees are people who arrive in Canada, but without going through the same process as immigrants. That is understandable. They left their country in a hurry. They did not have the time to obtain a visa, because they were in a very dangerous and unsafe situation. We are talking about countries such as Greece and others. These people were in such a dangerous situation that they had to leave the country quickly without going through the process. For that reason, generalizing the process will not solve the problems.

They talked about bogus refugees, of thousands of false claims. Only two of the 27 countries in the European Union have problems. Should all refugees throughout the world be penalized because applications from only two countries present a problem? I do not believe so.

I have a question for the minister: who is going to arrest the so-called human smugglers? Where will they be when the refugees go to jail? What about the human traffickers? Who will arrest them? The minister should know that the people smuggling refugees are not usually in Canada. They are back in the home countries. The minister should know that. Will putting children and refugees in jail help the RCMP and government officials arrest those people? I do not think so.

Individuals and their families will be put in even greater danger. Families will not be allowed to bring their children or grandparents until they have been here for five years. A person can obtain refugee status, but cannot bring family members over. That makes no sense. Worse still, if a refugee's claim is denied, family members will be barred from applying. If a family is truly in danger, a person trying to save his family will be penalized just because the minister has decided that the country is safe.

I will give other members a chance to ask questions now.

[Anne Minh-Thu Quach, NDP, Beauharnois—Salaberry, QC]

Mr. Speaker, in response to the Parliamentary Secretary's remarks, I would say that, in fact, many people do not like Bill C-4, which is part of Bill C-31, because it includes a number of human rights violations. No, this bill does nothing to tackle smugglers or criminals; it attacks refugees.

My parents came here as refugees by boat. If this bill had been in effect at the time, they would have been considered illegal refugees and they could have been detained, along with my two brothers, who were one and three at the time.

The bill says that children would not necessarily be detained. This means that after going through all of the terrible things they went through, my parents and my brothers, upon arriving in a strange country, would have been separated. That is inhumane. Our party is proud to be on the other side of the debate on this senseless bill, which has been condemned by Amnesty International Canada and the Canadian Council for Refugees. I do not understand how this bill can be reassuring or fair, or how it can improve safety.

[Gerald Keddy, Conservative, Parliamentary Secretary to the Minister of International Trade]

Mr. Speaker, I am thankful for the opportunity to rise to speak in support of Bill C-31, protecting Canada's immigration system act, a bill that is designed to fulfill exactly that responsibility.

Bill C-31, the protecting Canada's immigration system act, aims to strengthen Canada's immigration system in three ways. First, it includes further reforms to Canada's asylum system to make it faster and fairer. Second, it includes measures to address the despicable crime of human smuggling. Third, it gives the government authority to make it mandatory to provide biometric data with a temporary resident visa application.

Canadians have understandably become concerned by the growing waves of claimants coming from countries that generally do not produce refugees, such as those in the European Union. I do not think there is a single person who does not find it cause for concern that one quarter of refugee claims last year came from the European Union, which is more than from Africa and from Asia.

Even more concerning is that virtually all of the claims from the EU were withdrawn, abandoned or rejected. Unfortunately, it is hard-working Canadian taxpayers who bear the cost of these bogus claims and the costs are not cheap. The bogus claims from the EU last year cost Canadian taxpayers $170 million. It is clear that too many people are abusing our generous immigration system and too many tax dollars are being spent on these bogus refugee claimants.

While the Balanced Refugee Reform Act was a positive step toward fixing many of the problems in our system, gaps remain that must be addressed. Bill C-31 includes many important measures to make the asylum system in Canada faster and fairer and to deter bogus claimants from abusing Canada's system. Under Bill C-31, claimants from countries which after extensive review have been deemed to be safe would have their claims processed in 45 days compared to the more than 1,000 days it takes under the current system. Also, bogus claimants would not have access to as many endless appeal routes that currently results in taking an average of almost 5 years to deport a failed claimant and in some cases more than 10.

However, let me be clear. Under Bill C-31, every eligible refugee claimant, regardless of what country they come from, would continue to receive a hearing before the independent Immigration Refugee Board. Just as is the case now, every refugee claimant would be able to seek juridical review by the federal court.

Bill C-31 adds a level of appeal for the majority of refugee claimants who would gain access to the new refugee appeals division. Bill C-31 would ensure that genuine refugees would receive Canada's protection faster, while those who would abuse our system would be removed from Canada more quickly. It would save Canadian taxpayers $1.65 billion over five years, savings in welfare and other costs associated with bogus claims.

As I mentioned at the top of my remarks, the second piece of the protecting Canada's immigration system act would incorporate measures that would address human smuggling. Several months ago in the House, the Minister of Public Safety introduced Bill C-4, preventing human smugglers from abusing Canada's immigration system act. As my hon. colleagues are well aware, we debated the bill extensively throughout the fall sitting of Parliament.

Bill C-31 will replace Bill C-4, while keeping all of its long-needed measures. These measures would help maintain the integrity of our generous immigration system, while curtailing the abuse of that system by human smugglers whose actions undermine the security and safety of Canadians.

Cracking down on human smugglers is an important element of protecting the integrity of our immigration system. That is why it is entirely appropriate that the provisions of the preventing human smugglers from abusing Canada's immigration system act have been included in this new legislation.

There is one notable change from Bill C-4, however, as Bill C-31 includes an exemption from detention for minors under the age of 16.

The final component of Bill C-31, the protecting Canada's immigration system act, would create a legislative framework for the long-planned implementation of biometric technology as an identity management tool in our immigration and border control systems. This component of the legislation and its corresponding regulations that will follow would allow the government to make it mandatory for visa applicants to Canada to have their photographs and their fingerprints taken as part of their temporary resident visa applications.

Because biometric data is more reliable and less prone to forgery or theft than documents, these measures would strengthen immigration screening, enhance security and help reduce fraud. Biometrics form an effective tool to manage high volumes of applications and the growing sophistication in identity fraud. Using biometrics will help prevent known criminals, failed refugee claimants and previous deportees from using a false identity to obtain a Canadian visa. Implementing biometrics will bring Canada in line with the growing list of countries that already use biometrics in their immigration and border control programs. These countries include the United Kingdom, other states in the European Union and the United States.

Bill C-31 has been praised from coast to coast to coast. This is what the Montreal Gazette had to say:

Canada has a long-standing and well-deserved reputation as a place of refuge for people fleeing persecution in their homelands.

At the same time, however, it has also gained repute as an easy mark for the unscrupulous who fraudulently use our generous refugeedetermination system as a way to get into Canada without submitting to standard immigration requirements and procedures....

The legislation also proposes harsher penalties for those who engage in human smuggling, as well as for asylum-seekers who pay smuggling syndicates to get them to Canadian shores. And it allows for the collection of biometric data -- fingerprints and digital photos -- of people entering Canada on a visitor visa, a work permit or a study visa.

Both of these measures are advisable. 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.

The collection of biometric information is a sensible security precaution that will be a valuable tool in preventing people from slipping into the country with false identities....

Shielding the refugee system from false claimants is not only in the best interest of Canadians, on whom they are a financial burden, but also of legitimate applicants who stand to lose out if bogus claimants cast the system as a whole into disrepute.

Canada has a generous and fair immigration system that is the envy of the world. It has served Canada well and it has also served well those who come into our country legitimately, whether on a permanent basis or for a fixed period of time, seeking economic opportunities, protection from persecution or for family or personal reasons.

It is incumbent upon us to ensure that such an important system is always operating in our national interest as effectively and efficiently as possible. That means we have to preserve what works well in the immigration system and ameliorate the system in areas where there are shortcomings.

Bill C-31, the protecting Canada's immigration system act, would do exactly what its name says. It would put a stop to foreign criminals, human smugglers and bogus refugee claimants abusing our generous immigration system and receiving lucrative, taxpayer-funded health and social benefits.

The measures in Bill C-31 are necessary to protect the integrity of our immigration system. For that reason, I encourage all my hon. colleagues to support the legislation and allow these much needed measures to be enacted in a timely manner.

It is a pleasure to stand in the House and speak to Bill C-31. This legislation has been needed for a long time in Canada. I congratulate the Minister of Citizenship, Immigration and Multiculturalism in finally bringing this forward. This is a step in the right direction for all Canadians.

[David Anderson, Conservative, Parliamentary Secretary to the Minister of Natural Resources and for the Canadian Wheat Board]

Mr. Speaker, I understand the frustration the member for Mississauga East—Cooksville has with an answer like that. I heard the member opposite say that there was no such thing as a good or bad refugee, that they are just refugees. There really are legitimate refugees but there are others who are trying to abuse the system. The opposition does not seem to be able to comprehend or understand that.

We are here today to talk about Bill C-31 in order to deal with some of those issues. The title of the bill is protecting Canada's immigration system act, and that is what it would do.

Canada has the most fair and generous immigration system in the world. We welcome more resettled refugees than almost any other country in the world. That number is growing by an additional 2,500 because our government is increasing it by 20%, to a total number of 14,500 resettled refugees to Canada.

However, in order for our asylum system to continue to be generous, Canadians need to know that it is not vulnerable to abuse. That is something that the opposition does not seem to understand. For far too long, our immigration system has been open to abuse by those who do not want to follow the rules or wait in line like everyone else and would rather use the asylum system as a back door to queue jump. This abuse undermines Canadians' faith in our immigration system. It cost taxpayers hundreds of millions of dollars a year and, most unfortunately, it means that genuine refugees who need asylum, who the opposition claims to have some concern for, are waiting far too long for Canadian protection.

Canadians gave our Conservative government a strong mandate to protect Canada's immigration system. They told us loud and clear across the country that they want to put a stop to this abuse. With Bill C-31, we are acting on that mandate. Bill C-31 would make important, much needed improvements to our asylum system. It includes provisions to crack down on the despicable crime of human smuggling and provides the government with the authority to require biometric data for anyone seeking temporary status in Canada. Together, these improvements would make Canada's immigration system faster and fairer.

Today I will focus my remarks on the refugee reform provisions of Bill C-31. The Balanced Refugee Reform Act, which passed in 2012, was a good start. It included many needed reforms to Canada's broken asylum system. However, our government has always been clear that refugee reform is not a static issue and that further steps will be taken when and if required. The recent waves of bogus refugee asylum claimants from the democratic and human rights respecting European Union have made it clear that further reforms to our asylum system are needed urgently.

The statistics speak volumes. Last year, Canada received 5,800 from the European Union, which represents a 14% increase from the year before. This means that claims from the European Union made up a quarter of all claims, which is more than the claims received from Africa or Asia.

The top source country for refugees last year was Hungary, a member of the European Union. It is very telling when we look at the global distribution of refugee claims made by Hungarian nationals. In 2010, 2,400 refugee claims were made by Hungarian nationals, 100 of them were made outside of Canada, while a whopping 2,300 were made in Canada. That means that Canada received 23 times the claims than any other country. Although these claimants have access to 26 European countries in which they can work, move and live, they are choosing Canada. We actually had even more than that in 2011 when it came close to 4,000 individuals. They are choosing Canada for a reason.

However, this is very expensive for Canadian taxpayers. Bogus claims from the EU last year cost Canadian taxpayers $170 million. What is more, in the last few years virtually all refugee claims from the European Union were withdrawn, abandoned by the claimants themselves or rejected by the independent Immigration and Refugee Board.

Our government is acting responsibly and in the best interests of Canadian taxpayers by introducing reforms to address the increasing number of bogus refugee claimants. Many of the bogus claimants who withdraw or abandon their own claims seek to abuse Canada's generous asylum system and receive generous social benefits like welfare and health care, which costs taxpayers hundreds of millions of dollars each year.

One of the central features of Bill C-31 is the ability of the government to designate countries that generally do not produce refugees and then to process those claims more quickly.

Under Bill C-31, the factors that would lead a country to be designated would be clearly outlined in both the law and in the regulations. The most important factors are objective and quantitative and refer to the actual acceptance rate claims from a given country. This means the designation of a country as safe would be based on the results of decisions taken by asylum claimants themselves, such as the decision to withdraw or abandon their claims, and the decisions rendered by the independent Immigration and Refugee Board, not the minister.

In addition, unlike the Balanced Refugee Reform Act, which had quantitative and qualitative criteria specified only in regulation, we believe that in this proposed legislation it is important that the qualitative factors be enshrined in legislation, while the quantitative factors would be set by ministerial order. In this way, the criteria used to trigger a country for review for designation would be more transparent and accountable than they were even under the Balanced Refugee Reform Act.

Under Bill C-31, claimants from safe countries would have their cases heard on an expedited basis. More specifically, the independent IRB would hear their case in 45 days instead of the more than 1,000 days it takes now.

It is important to emphasize that under Bill C-31 every eligible refugee claimant, regardless of which country they come from, would continue to receive a hearing before the independent Immigration and Refugee Board.

Furthermore, as is the case now, all refugee claimants, including those from designated countries, would be able to make an application for review of a negative decision by the Federal Court. Bill C-31 actually adds appeal rights by creating the refugee appeal division to which the vast majority of failed claimants would have access. Multiple levels of appeals seems to be very fair.

I would also note that in Bill C-31 Canada would continue to exceed its international and domestic obligations. The Charter of Rights and Freedoms, as well as the 1951 UN refugee convention, require that all refugee claimants be given the opportunity to have their claim heard. The process in Canada goes above and beyond its domestic and international obligations, and that will not change under Bill C-31.

Canada has and will continue to have one of the most generous refugee systems in the world. All refugee claimants will continue to have their cases heard by the independent IRB. Furthermore, every failed refugee claimant will continue to have access to at least one level of appeal. People deemed in need of protection will not be returned to their country of persecution regardless of which country they have fled.

In fact, the United Nations High Commissioner for Refugees has recognized the validity of providing expedited processing for refugee claimants from designated countries of origin. Antonio Guterres, the UN High Commissioner for Refugees, has said, “there are indeed safe countries of origin. There are indeed countries in which there is a presumption that refugee claims will probably be not as strong as in other countries”. He also stated that as long as all refugee claimants have access to the system, it is completely legitimate to accelerate those claims.

Former Liberal leader, Michael Ignatieff, has also recognized the legitimacy of designating certain countries as safe. My colleague who just spoke talked about that. He recognized the legitimacy of designating certain countries as safe and even advocated rejecting all claims from those countries, which Bill C-31 does not propose to do. He said, “I want a legitimate, lawful refugee system that, to get to the openness point, welcomes genuine refugees … and then says, look there are a number of countries in the world in which we cannot accept a bona fide refugee claim because you don't have cause, you don't have just cause coming from those countries. Otherwise you'll have refugee fraud, and nobody wants that. Furthermore, many democratic European countries already designate certain countries as safe and accelerate asylum procedures for claims from those countries”.

Canadians are very proud of their welcoming and compassionate nature but they have little tolerance for those who abuse our generosity and take unfair advantage of our country. Bill C-31 would prevent bogus refugees from abusing our system and receiving lucrative tax funded health and social benefits. At the same time, it would provide protection more quickly to genuine refugees who are truly in need.

I urge all members of this House to support this important bill and ensure its timely passage.

[Dany Morin, NDP, Chicoutimi—Le Fjord, QC]

Mr. Speaker, earlier I asked the Conservative member for Wild Rose a question on the status of LGBT refugees and the fact that Bill C-31 would close Canada's doors to those refugees depending on the security status of their country. Yet, the Conservative member did not even mention the LGBT acronym, nor the terms “gay”, “lesbian”, “bisexual” or “transgender”.

I would like to ask my colleague from the Bloc whether he is also concerned about the Conservative policy that will make it difficult for people who are persecuted, who are receiving death threats and who are at risk of being killed in their country, to access Canada as refugees. Under this bill, those people are going to come up against closed doors in Canada.

[Jean-François Fortin, Bloc, Haute-Gaspésie—La Mitis—Matane—Matapédia, QC]

Mr. Speaker, before I begin talking about such an important matter as the status of refugees, I would like to say that it is good to be able to rise in the House and speak to one of this government's bills. Given the number of times that the Conservatives have invoked closure since the beginning of this parliament, Bloc Québécois members, and those of the other opposition parties, have been muzzled on too many issues affecting the interests and values of Quebec and Canadians. I am disappointed, but not surprised, because standing up for democracy is not the Conservatives' strong suit. Come to think of it, I find it difficult to come up with one area where they excel.

The bill we are debating touches on two aspects of my introduction that might seem to be off topic: Quebec values and the Conservatives' lack of regard for democracy. I said Quebec values, but I will correct myself. They are actually universal values.

Bill C-31, which we are debating today, takes a dim view of refugees, treating them like a burden and a potential threat. Nowhere in this document do we see the real will to help these people who have experienced real tragedy. According to the minister, they take advantage of our welcome and cost Canadians too much money.

While defending his bill, the minister said the following in February:

There is a whole narrative in the community about how they can come to Canada and benefit from social welfare and all kinds of other social programs, health insurance...

For too long, we have spent precious time and taxpayers' money on people who are not in need of our protection, at the expense of legitimate asylum seekers...

This smacks of avarice and prejudice.

This is how the Minister of Citizenship, Immigration and Multiculturalism explained and defended his Bill C-31 in the House on March 6:

Canadians are worried when they see large human smuggling operations, for example, the two large ships that arrived on Canada's west coast in the past two years with hundreds of passengers, illegal migrants who paid criminal networks to be brought to Canada in an illegal and very dangerous manner.

Canadians are also worried when they see a large number of false refugee claimants who do not need Canada's protection, but who file refugee claims because they see an opportunity in Canada's current refugee system to stay in Canada permanently and have access to social benefits...our country's protection.

Canadians are really worried about this, for crying out loud. If you want my opinion, this Conservative government is giving Canadians every reason to worry. They like it when people are worried because then they can justify military spending, trampling on people's rights and forcing the provinces to build jails. But this is about refugees, people who come here with nothing but their distress and desperation, not the economic immigrants who show up with half a million dollars. We are talking about people who are willing to risk their lives for a fresh start in Canada or Quebec.

In an attempt to justify his bill, the minister would have us believe that bogus refugees are flooding into Canada, that foreigners have figured out how to work the system: they pass themselves off as refugees so that they can take advantage of Canada's health insurance and social assistance systems. You would have to be awfully mean-spirited and ideological to say such crazy things. They are using exceptional cases to give themselves arbitrary powers that will have a direct impact on the lives of desperate people.

A document published in 2001 by the Inter-Parliamentary Union and the Office of the United Nations High Commissioner for Refugees states the following:

Unlike migrants, refugees do not choose to leave their countries; they are forced to do so. Economic migrants are persons who leave their countries of origin purely for economic reasons, to seek material improvements in their lives. The key difference between economic migrants and refugees is that economic migrants enjoy the protection of their home countries; refugees do not.

Bill C-31 fails to recognize the spirit of the Convention and Protocol Relating to the Status of Refugees:

Considering that the United Nations has, on various occasions, manifested its profound concern for refugees and endeavoured to assure refugees the widest possible exercise of these fundamental rights and freedoms...

Where is that concern now? Where in Bill C-31 is the desire to assure those fundamental rights? They evaporated the moment the Conservatives got their majority. Gone, just like that.

There was Bill C-11, which was passed unanimously by this House. In a speech he gave on June 29, 2010, the Minister of Citizenship, Immigration and Multiculturalism spoke glowingly about Bill C-11, and I quote:

Let me just close by once more thanking my colleagues in the opposition, my critics in particular who worked together with me in a remarkable act of cross-partisan collaboration to get things done for Canadians. As a result of their work we are seeing today what I think is a minor miracle. I came to this place three months ago to launch our Balanced Refugee Reform Act. We said at the time that we would listen to constructive ideas about how to improve the bill.

We did listen. We did consult. We had a remarkable cross-party consensus in the House of Commons and today in the Senate that will lead to a much better refugee system for Canada, a faster and fairer system, a system that provides enhanced procedural fairness for refugee claimants....

Now, out of partisanship and mean-spiritedness, the minister is throwing out Bill C-11, that minor miracle. Bill C-31 not only spoils the balance Bill C-11 achieved in terms of the procedure that should apply to refugee claimants, but it takes the Conservatives' twisted logic even further: it attacks the victims of human smugglers instead of the smugglers themselves by creating a subclass of refugees.

It is clear to the Bloc Québécois that the Conservatives are using Bill C-31 to send a message to people around the world who are persecuted that Canada no longer wants them. Frankly, this is disappointing.

I said at the beginning of my speech that standing up for democracy was not a Conservative value. This government is quite willing to stand up for the free market and rich oil companies, but standing up for people who are suffering, people who risk torture or death, people who do not think what the government would have them think, is the least of its concerns.

Bill C-31 reflects the government's desire to exercise power without sharing, even if it means destroying the consensus that was Bill C-11, because the opposition parties had a hand in it.

Bill C-31 exemplifies this government's lack of compassion. With Bill C-31, this government will definitely further tarnish the image that Canada and Quebec have built as a welcoming country and a safe haven for those who need it most. It is simply shameful.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, this is not the first member of the Conservative Party who has said that the former leader of the Liberal Party, Michael Ignatieff, supports the safe country list and who then tries to give the impression that somehow our former leader might have supported Bill C-31.

First and foremost, let us make it very clear that the former leader of the Liberal Party, Michael Ignatieff, would not support Bill C-31. The Liberal Party does not support Bill C-31.

The truth of the matter is that Michael Ignatieff supported the concept of the safe country list, but so did the leader of the Conservative Party, our current Prime Minister, when the Minister of Citizenship, Immigration and Multiculturalism first brought that in with a consensus that there be an advisory group that would decide which countries would go onto the safe country list.

Why are the Minister of Citizenship, Immigration and Multiculturalism and the member not supporting Michael Ignatieff and the Prime Minister when the latter agreed to an all-party supported proposal that would have seen an advisory committee decide on countries to be included in the safe country list as opposed to just this particular Minister of Immigration having that authority?

[Dany Morin, NDP, Chicoutimi—Le Fjord, QC]

Mr. Speaker, first, I would like to point out that the NDP strongly opposes Bill C-31, because it punishes refugees instead of providing them with a fast, equitable system. In addition, the bill concentrates more power in the hands of the minister by allowing him to designate safe countries and restrict the number of refugees from those countries. The problem with this bill is that, under the current Balanced Refugee Reform Act, the minister can make exceptions to safe country designations to exclude LGBT individuals, who suffer a great deal of persecution in their countries, which are considered unsafe.

My question for the Conservative member is this: will the Conservative members do the right thing and amend Bill C-31 to ensure that LGBT groups can live safely and immigrate easily to Canada as refugees?

[Blake Richards, Conservative, Wild Rose, AB]

Mr. Speaker, it is with great pleasure that I rise today to speak to Bill C-31, the protecting Canada's immigration system act.

I am proud to be part of a government that is effectively balancing ensuring that we offer protection for legitimate asylum seekers with maintaining the integrity of our immigration system and our security, all while ensuring that we build an immigration system that allows those who seek to come to Canada to contribute to the economic needs of our country and allowing them to be welcomed here more expeditiously. That is all thanks to the vision and dedication of the hon. Minister of Immigration, who I am proud to stand alongside today.

Canada already has the most fair and generous immigration system in the world. Canada welcomes more resettled refugees than almost any other country in the world.

However, in order for our asylum system to continue to be generous and to work effectively, Canadians need to know that it is not vulnerable to abuse. Unfortunately, for far too long, our immigration system has been open to abuse by those who do not want to follow the rules, or do not want to wait in line like everyone else, but would rather use the asylum system as a back door to jump the queue. This abuse undermines Canadians' faith in our immigration system. It costs taxpayers hundreds of millions of dollars every year and, most unfortunate, it means that genuine refugees who need asylum are waiting far too long for Canada's protection.

Canadians gave our Conservative government a strong mandate to protect Canada's immigration system. They have told us loud and clear that they want us to put a stop to this abuse. With Bill C-31, we are acting on that mandate.

Bill C-31 would make important and further much needed improvements to our asylum system. It includes provisions to crack down on the despicable crime of human smuggling and it provides the government with the authority to require biometric data for anyone seeking temporary status in Canada. Together, these improvements would make Canada's immigration system faster and fairer.

Today I am going to focus my remarks on the refugee reform provisions of Bill C-31. The Balanced Refugee Reform Act, which was passed recently, was a good start and included much needed reform to Canada's broken asylum system. However, our government has always been clear that refugee reform is not a static issue and further steps would be taken if and when required. Recent waves of bogus refugee asylum claims from the democratic and human rights respecting European Union have made it clear that further reforms to Canada's asylum system are needed and needed urgently.

The statistics speak volumes. Last year, Canada received 5,800 refugee claimants from the European Union, which represents a 14% increase from the year before. This means that claims from the European Union made up a quarter of all claims. This is more than the number of claims received from Africa or Asia.

Last year, the top source country for refugees was Hungary, a member of the European Union. It is very telling when we look at the global distribution of refugee claims made by Hungarian nationals. In 2010, 2,400 refugee claims were made by Hungarian nationals. One hundred of them were made to other countries outside of Canada, while a whopping 2,300 were made in Canada. That means Canada received 23 times more claims from Hungary than all the other countries in the world combined. Although these claimants have access to 26 countries in which they can move, work and live, they are choosing Canada and they are choosing Canada for a reason.

Appallingly, bogus claims from the European Union last year cost Canadian taxpayers $170 million. What is more, in the last few years virtually all refugee claims from the European Union were withdrawn, abandoned by the claimants themselves, or rejected by the independent Immigration and Refugee Board.

Our government is acting responsibly and in the best interest of Canadian taxpayers by introducing reforms to address the increasing number of bogus refugee claimants. These bogus claimants, many of whom withdraw or abandon their own claims, seek to abuse Canada's generous asylum system and receive generous social benefits, like welfare and health care, costing taxpayers hundreds of millions of dollars each year.

One of the central features of Bill C-31 is the ability of the government to designate countries that generally do not produce refugees and process their claims more quickly. Under Bill C-31, the factors that would lead a country to be designated would be clearly outlined in both law and in regulation. The most important factors are objective and quantitative and refer to the actual acceptance rate of claims from a given country. This means that the designation of a country as safe would be based on the results of decisions taken by asylum claimants themselves, such as the decision to withdraw or abandon their claims, and by the decisions rendered by the independent Immigration and Refugee Board and not by the minister.

In addition, unlike the Balanced Refugee Reform Act, which had quantitative and qualitative criteria specified only in regulation, this proposed legislation has qualitative factors enshrined in legislation, while the quantitative factors would be set out in ministerial order. In this way, the criteria used to trigger a country for review for designation would be even more transparent and accountable than under the Balanced Refugee Reform Act.

Under Bill C-31, claimants from safe countries would have their cases heard on an expedited basis. More specifically, the independent IRB would hear their case in 45 days instead of the more than 1,000 days that it takes now.

It is important to emphasize that under Bill C-31, every eligible refugee claimant, regardless from which country they came, would continue to receive a hearing from the independent IRB. Furthermore, as is the case now, all refugee claimants, including those from designated countries, would be able to make an application for review of a negative decision by the federal court. Bill C-31 actually adds appeal rights by creating the refugee appeal division to which the vast majority of failed claimants would also have access.

I also note that with Bill C-31, Canada would continue to exceed its international and domestic obligations. The Charter of Rights and Freedoms as well as the 1951 UN Refugee Convention require that all refugee claimants be given the opportunity to have their claim heard. The process in Canada goes above and beyond its domestic and international obligations and that would not change under Bill C-31.

Canada has and will continue to have one of the most generous refugee systems in the world. All refugee claimants will continue to have their case heard by the independent IRB. Furthermore, every failed refugee claimant will continue to have access to at least one level of appeal. People deemed in need of protection will not be returned to their country of persecution regardless of what country they have fled. In fact, the UN High Commissioner for Refugees has recognized the validity of providing expedited processing for refugee claimants from designated countries of origin. António Guterres, the UN High Commissioner for Refugees said:

—there are indeed safe countries of origin. There are indeed countries in which there is a presumption that refugee claims will probably be not as strong as in other countries.

He also stated that as long as all refugee claimants had access to the system, it was completely legitimate to accelerate some claims.

Former Liberal leader, Michael Ignatieff, also recognized the legitimacy of designating certain countries as safe and even advocated rejecting all claims from those countries, which Bill C-31 does not propose to do. Furthermore, many democratic European countries already designate certain countries as safe and accelerate asylum procedures for those claims from those countries, including the U.K., France, Germany, Switzerland, Norway, Finland, the Netherlands and Ireland among others.

Canadians are proud of their welcoming and compassionate nature, but Canadians also have no tolerance for those who abuse our generosity and take unfair advantage of our country. Bill C-31 would prevent bogus refugees from abusing our system and receiving lucrative taxpayer-funded health and social benefits. At the same time, it would provide protection more quickly to genuine refugees who are truly in need.

We need to send a clear message to those who seek to abuse our system that if they are not genuinely in need of protection, they will be sent home quickly. At the same time we can ensure that those who truly need our help will get it even faster.

I urge all members of the House to support this important bill and ensure its timely passage.

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

Mr. Speaker, I am very grateful for the opportunity to add some of my concerns about this bill which up to this point I have only been able to put forward in questions and comments. I am grateful that the Liberal Party allowed me one of the slots in their speaking roster this evening.

I have been in most of the debates on Bill C-31 since it was tabled and also in the earlier debates on its predecessor, Bill C-4. What we have been hearing from the Conservatives is that this bill is necessary to end human smuggling. We hear a lot of cries about human smuggling. We hear that people are jumping the queue. We have heard a lot of allegations.

I have structured what I hope to say in the next 10 minutes by mentioning some of the things that are most frequently alleged here and providing some counterbalance. I think there are egregious parts of this legislation. I think it violates the charter and that future courts will find it to be illegal.

Let us just start with one that we hear all the time, the notion that there is queue jumping if refugee claimants come to Canada in some fashion that is different from the way normal immigration to Canada occurs. We must keep very clear in our minds the distinct and large difference between people who come to this country as immigrants, as my parents did, and people who come to this country as political refugees, people fearing for their very lives.

In this category there is no such thing as a queue jumper. There is no such thing as going to line up at an immigration office for Canada in some country, when people know that their lives are at risk and they flee with the clothes on their back. We need to keep these things very separate in our minds. Much of this bill deals with that latter category, people who are seeking refugee status in Canada.

Some people can fear for their lives when they come to Canada and their refugee claims may be rejected. That does not mean that the adjective “bogus” applies to their claims. Some people are rejected even though they have a legitimate fear of persecution. They do not make it through our process.

We like to think that our process has been, and still is, fair and generous. However, sometimes it has rejected people who really did need our protection. Let us be clear about that.

The vast majority of refugees in this world, and they number in the millions, never make it to an industrialized country. Most of the migration that occurs among those people who are refugees is from one developing country to another. That is the vast majority of claimants.

We have heard that this bill, because of its punitive nature towards people who arrive by ship or some other means of arrival deemed an “irregular entry”, one of the new terms that comes up in Bill C-31, will discourage so-called human smuggling. I have yet to hear any empirical evidence that that is the case.

I have taken some time since the bill was first tabled to try to find evidence, and what I have found is the absence of evidence. An expert analyst of the Office of the United Nations High Commissioner for Refugees, Alice Edwards, said:

Pragmatically, there is no empirical evidence that the prospect of being detained deters irregular migration, or discourages persons from seeking asylum. In fact, as the detention of migrants and asylum-seekers has increased in a number of countries, the number of individuals seeking to enter such territories has also risen, or has remained constant. Globally, migration has been increasing regardless of governmental policies on detention. Except in specific individual cases, detention is generally an extremely blunt instrument of government policy-making on immigration.

Let me go to a letter that was sent to the Prime Minister of this country by a group of people in Australia who have had a lot of experience. Certainly it is true, as the Minister of Citizenship, Immigration and Multiculturalism has said, that other countries are going in a similar direction. It has failed there, it will fail here. This is a letter advising the Prime Minister of Canada not to go in the direction of Australia from the Asylum Seeker Resource Centre in Australia.

They refer to the fact that Australia is already learning some hard lessons about trying to discourage refugees by putting people in prison. Australia has abandoned its temporary protection visas because they found they were not working.

I will quote from their letter to our Prime Minister:

Contrary to popular belief, 'tough' immigration policies in the past have not succeeded as an effective deterrent:

In 1999, less than 1000 'unauthorised arrivals' applied for asylum, the year TPVs [temporary protection visas] were introduced.

In 2001, when the policy was in full force, the arrivals rose to more than 4000.

Under this policy, denying the right to refugees on TPVs to apply for family reunion pushed the wives and children of asylum seekers onto boats in an attempt to be reunited.

In 2001 353 people drowned in the tragic SIEVX disaster while travelling by boat to Australia.

Most of the 288 women and children aboard the SIEVX were family members of TPV holders already in Australia.

We have also been told that bringing in this bill would save money because people would be discouraged from coming here and our social safety net programs would not be available to refugees. I have asked several times in the House and I have yet to have one Conservative member of Parliament offer up a cost of this legislation. As far as I can find, it has not been costed.

Anyone, men, women, and children over 16 years of age, coming here by irregular entry would be put in detention. Minor children would likely be placed in detention as well because they would opt to stay with the mother rather than be placed far from their families in a foreign land.

Let us see what it has cost Australia. Australia maintains 19 immigration detention facilities. In the last year for which I could find costs, 2011, it was spending over $668 million on refugee detention. The Australian secretary in the department of immigration and citizenship remarked, and I do not know when we will hear this from the Canadian Minister of Citizenship, that “The cost of long-term detention and the case against the current system are compelling.... The cost to the taxpayer of detention is massive and the debt recovery virtually non-existent”.

We have heard that children would no longer be jailed, unlike the previous version of this legislation Bill C-4. We have been told that the change would allow children to go somewhere else, but we have not been told where. Under the international Convention on the Rights of the Child these children are defined as legally children. Sixteen to eighteen year olds would be jailed, their parents would be jailed, everyone would go to jail for up to a year if they arrived by irregular entry.

I just want to share what Australia has started doing. The Australian Human Rights Commission found that detention actually violated the Australian human rights provisions. It also was not working. In October 2010 the Australian government changed its tactics. It decided that it would begin to move a significant number of families with children into community detention. In other words, the Australian government is keeping track of anyone who arrives by irregular entry. These people are not essentially integrated into the community in the same way that they would be if they were allowed to work or move around freely. This community detention process has reduced costs. Placement in communities bridges visas and is essentially community detention but requires that the people involved report to someone, similar to parole, but they actually live in communities.

Lastly, we have been told that the bill would deal with people coming from the European Union. We have also been told that there is no reason for anyone to worry about the European Union. Since the bill was tabled, a Federal Court decision was tabled on February 22, 2012, in the case of Hercegi v. Canada. Mr. Justice Hughes of the Federal Court said clearly, “The evidence is overwhelming that Hungary is unable presently to provide adequate protection to its Roma citizens”.

I have one last court decision to refer to and that is Charkaoui v. Canada, 2007 in the Supreme Court of Canada. Madam Justice McLaughlin ruled that charter rights extend to foreign nationals. Charter violations are endemic to this act.

We must change this legislation in order to not violate Canadian values, Canadian law and the charter.

[Mark Adler, Conservative, York Centre, ON]

Mr. Speaker, I am delighted to speak in favour of Bill C-31.

Canadians take great pride in the generosity and compassion of our immigration system. Canadians have long opened their arms to those less fortunate and those who need our protection. Canada has welcomed over a million refugees since the Second World War and we will continue in that proud tradition.

In fact, just this past December at the United Nations in Geneva, our government committed to further concrete actions in order to provide protection to those in need. We pledge to maintain our promise to increase the number of refugees we resettle by 20%, even in the face of a global economic situation that has seen some countries reduce their resettlement. This means that by 2013, Canada will resettle up to 14,500 refugees, an increase of 2,500 refugees.

We also pledged a portion of our resettlement spaces for each of the next five years as part of an international pool for emergency situations. Canada will pledge 200 spaces each year, which represents 10% of the UNHCR's request for additional spaces for urgent crises.

In addition, our government will continue to resettle religious minorities and victims of persecution on the ground of sexual orientation, including those from Iran who have fled to Turkey. We will also continue our efforts to assist highly vulnerable persecuted populations, including traditional refugees, internally displaced persons, women and children.

Clearly, our Conservative government is committed to providing protection to the world's most vulnerable. Canadians are also committed to continuing this proud tradition of ours. The outpouring of support from Canadians under the private sponsorship refugee program underlines our generosity. Under this program, Canadian citizens and permanent residents come together to sponsor refugees and help them build a new life here in Canada.

Since the program began in 1978, private sponsors have collectively welcomed more than 200,000 refugees to Canada. As a result of the compassion and generosity of Canadians, our country is a world leader in resettling refugees, and our humanitarian efforts have been recognized by the United Nations.

For refugees who are resettled from outside Canada, Canada recognizes two broad classes of refugees.

The first class consists of convention refugees, which refers to those people who fall under the definition provided under the 1951 Convention Relating to the Status of Refugees. The convention defines a refugee as a person who “owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable to or, owing to such fear, is unwilling to avail himself of the protection of that country”, or unwilling to return there because there is a fear of persecution.

The second class of refugees resettled from outside Canada is the country of asylum class. This category is for people in refugee-like situations who do not qualify as convention refugees. To be considered a refugee, they must be outside their home country or the country where they normally live. They must have been and continue to be seriously and personally affected by civil war or armed conflict, or have suffered massive violations of human rights, and they must not be able to find an adequate solution to their situation within a reasonable period of time.

Canada welcomes one in ten of the world's resettled refugees, more than any of the G20 countries. As I have already said, by 2013 Canada will resettle up to 14,500 refugees.

Finally, Canada also offers protection to people in Canada who fear persecution or whose removal from Canada would subject them to a danger of torture, a risk to their life, or a risk of cruel and unusual treatment or punishment.

Last year alone we granted nearly 11,000 asylum seekers protection in Canada. We will continue to grant protection to those in need. Canada will continue to provide protection to those who are persecuted on the basis of race, religion, nationality, their membership in a particular group, or political opinion.

Members will notice that the definitions of refugees that I provided do not include queue jumpers. Nowhere does it say that protection should be offered to those people who do not want to play by the rules, those who want to jump to the front of the line, those who want to benefit from lucrative taxpayer-funded health and social benefits.

Canadians are generous and want to provide protection to those in need. However, they have no tolerance for those who abuse our generosity or take advantage of our country. The fact is that right now too many people are abusing our refugee system as a way to gain quick entry into Canada and jump the immigration queue.

Last year a quarter of all refugee claimants were from the European Union. Canada received more refugee claims from the European Union than from Africa and Asia. Virtually all, I repeat, virtually all of the claims from the EU were abandoned, withdrawn or rejected. The opposition NDP and Liberals cannot dispute the facts and they cannot ignore the statistics. Bogus claimants clog our refugee system and make those who legitimately need protection wait far too long before they receive a decision on their claim.

We must also stop wasting taxpayer dollars on these unfounded claimants. There were more than 5,800 new refugee claims from EU nationals last year. The cost to Canadian taxpayers for the unfounded claims last year was nearly $170 million. These people are not in legitimate need of our protection. Instead, they wish to manipulate our refugee system for their own selfish gain and take advantage of our country's generosity. They do not want to play by the rules or wait in line. Unfortunately, the current process rewards them for abusing the system.

Large numbers of bogus refugee claimants are a financial burden on the economy, but the attraction of Canada's social assistance programs and associated benefits is a draw for many. Under the current system, claimants can access our taxpayer-funded health care system and claim welfare for several years while their claims are still pending. Canadians want us to put a stop to this abuse. The reforms contained in Bill C-31, the protecting Canada's immigration system act, are aimed at deterring abuse of Canada's immigration system. With those proposed measures, the integrity of Canada's program would be protected and we would be able to provide protection more quickly to those who generally need it.

Bill C-31 would make our refugee system fairer and faster. 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, this bill would provide protection more quickly to those who are truly in need. Canadians are generous and want to provide protection to those in need. These changes would maintain the quality of our asylum system and also continue our active resettlement program overseas. With these changes, Canada would remain a leader in providing refugee protection and we would be able to prevent abuse of our refugee system.

I urge my fellow members in the House to rise in support of this legislation.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I believe the member is a little off base here. For example, there was a consensus, and even the Minister of Citizenship, Immigration and Multiculturalism recognized the value of having an advisory committee make recommendations as to what country should be deemed a safe country. Even the Minister of Citizenship, Immigration and Multiculturalism went out after that legislation passed and said that this is good, that it is better than what we had before.

Now this legislation reinstates what the minister originally had, which he was critical of, saying that the consensus was better than having this advisory committee recommend to the minister what is a safe country.

Does the member not see the value in going back to where there was all-party consensus, and one of the strongest advocates for that consensus was the immigration minister at that time, and reinstate that in Bill C-31? That would go a long way in showing that the government is being open-minded before the bill goes to committee.

[Tom Lukiwski, Conservative, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, it is a pleasure to stand in the House today and join the debate on Bill C-31.

There has been a lot of discussion over the last few hours and, frankly, over the last few days and weeks on this particular bill. There has also been a variance of opinion, so I am glad to add my voice to those who are seeking support for Bill C-31.

As, I think, everyone in this place knows, there are three distinct elements contained in Bill C-31. The first deals with the asylum system and how we can make it more responsive to refugees who make application to come to Canada. The second deals with the human smuggling aspect. The third deals with bringing in future legislation to make it mandatory for biometric data to be used when temporary resident visas are being applied for.

In the few moments I have I want to address only one element of Bill C-31, the asylum system and why we need to make that system fairer and more responsive to all those seeking to come to Canada.

I do not think there is any question that everyone in this place, with the possible exception of those independent members formerly known as the Bloc Québécois, would agree that Canada is the greatest country in the world in which to live, and there are many reasons for that.

We have an incredibly high standard of living, which is a direct result of the economic situation in which we find ourselves. We are now the envy of the industrialized world when it comes to economic performance and economic potential. We also have a system of justice that empowers law and order that respects, preserves and promotes human rights. We have a system of government that has set up publicly funded and accessible health care for all Canadians. We have wonderful educational systems. We have systems that allow Canadians to speak without fear of persecution on any issues, whether they be political or legislative. We also have a fine system that provides social assistance to those people who genuinely need it. Besides health care, we have welfare systems and pension systems that are viable and completely sustainable. There is no question as to why citizens from across the world would want to come to Canada.

However, there are those who, rather than trying to go through the normal immigration route, are trying to cheat the system by attempting to get into Canada claiming that they are refugees or asylum seekers, that they are being persecuted by the governments in the countries from which they originated.

We have found over the last number of years that an inordinately high amount of those claims for asylum are bogus. Time after time, we have seen, particularly in cases where asylum claims have been made from people in the European Union, that those claims are without merit whatsoever.

However, they come at a cost. Under the current system, if one makes a claim for refugee status and wants to come to Canada under the asylum system that we currently have, it takes up to five and sometimes even ten years to go through the lengthy appeal process to revoke one's claim and actually remove those bogus claimants from our country. At what cost? It is estimated that bogus claims last year alone cost the Canadian taxpayer over $170 million. Furthermore, it is anticipated that the costs associated with providing services to those bogus claimants over a five year period would cost over $1.65 billion.

The way the system is now, if one comes to Canada claiming to be a refugee, that individual can start receiving some of those many benefits, which we offer to all of our citizens, within days. If the Immigration and Refugee Board feels that the claim for refugee status is false, the appeal system is so convoluted and so long that it may take up to 10 years to have that claimant's appeal process exhausted. Yet, all during the time that lengthy appeal process continues, those individuals are still able to receive services and benefits from the Canadian government at a cost to the Canadian taxpayer.

What Bill C-31 purports to do is speed up the process so that those who are making false claims get removed from Canada quicker and those who have legitimate claims to refugee status are dealt with quicker and in a more fair fashion.

The type of approach that we are taking in Bill C-31 has been applauded by members of the opposite parties, pundits and those who are involved in the immigration system because they say that it absolutely would do what it intends to do, which is to make our system of asylum and refugee claimants quicker, more responsive and fairer.

We have a system right now where people who claim to be a refugee are dealt with in a similar fashion. In other words, they need to go through an appeal process if they are initially rejected. What we are suggesting in Bill C-31 is that there would be a designation of safe countries. By that we mean that if history has proven that the majority of claimants coming from certain countries are in fact bogus then those appeal processes would be short-tracked to a 45-day period rather than the 5, 6 or 8 year period that we currently have.

That is a major change in the way we deal with refugee and asylum claimants in this country. It also would not only help save Canadian taxpayers' money but assist legitimate refugee claimants. While the appeals courts are now clogged with bogus claimants, there are legitimate refugees waiting to come to Canada who cannot be processed and accepted into our country because the system is jammed.

I think it stands to reason that all members in this place would come on side with Bill C-31. I have heard many contrary views during debate but, quite frankly, I think they are coming from a position of having misinformation, mistruths or are deliberate attempts to try to misconstrue what Bill C-31 purports to do.

Far be it from me to make accusations of any member opposite but I would suggest to all members that they carefully examine Bill C-31 because I believe it would reform the refugee system in a way that would actually benefits those who really need the protection of a government in Canada.

We know throughout the world there are many who are being persecuted right now in their home countries because of either their religious beliefs or political beliefs. Those are the types of individuals who should be allowed to make a claim to come to Canada under refugee status. Unfortunately, however, they are not the only ones who are attempting to get into our country.

Frankly, in the last number of years, over 95% of claimants who came from the European Union have either voluntarily withdrawn their claims or have returned to their country of origin. Why? They were not legitimate claims.

For example, if a country in the European Union is designated as a safe country and someone from the European Union makes an application to come to Canada as a refugee but is rejected by the Immigration and Refugee Board, he or she can appeal but the appeal process will take place within 45 days rather than 5 years or 10 years.

That is the type of system Canadian taxpayers want to see enacted here in Canada. We are the first government to come to grips with a problem we currently see on the refugee and asylum system that we inherited from previous governments. We are taking the proper steps to ensure that legitimate refugees will still have opportunities to come to our great country and do so quicker than before but also to ensure that those who are making bogus claims of refugee status are dealt with expeditiously. That is what Canadians want.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I want to make reference to a change the government did make between Bill C-4 and Bill C-31. It acknowledged, as the opposition at the time had clearly indicated, that it would be wrong to put eight-year-olds or youth in detention centres because the minister deems them to be irregular arrivals. Under the new legislation, the government has now said it will not detain youth under the age of 16.

However, there are some really fundamental problems with Bill C-31. In this member's opinion, is the government prepared to accept amendments that would make this legislation better? One in particular is in regard to establishing an advisory committee that would allow for appointments to a board that would recommend to the minister which country should be considered a safe country.

[Robert Goguen, Conservative, Parliamentary Secretary to the Minister of Justice]

Mr. Speaker, it is with great pleasure that I rise today to speak in support of Bill C-31, the protecting Canada's immigration system act.

All Canadians should be concerned about the increase in refugee claims in recent years from countries that are generally considered to be safe and democratic. That is because the numbers clearly demonstrate that an increasing number of refugee claimants in Canada simply do not need our protection. This has been a concern for some time. Allow me to provide an overview of the statistics that demonstrate this from the last year alone.

In 2011 a significant portion of refugee claims came from the European Union. Claims from this region alone accounted for 23% of all claims last year, up from 14% in 2010, more than from Africa or Asia. On average, EU claims were abandoned in 14.5 months or withdrawn in 10 months. In recent years virtually all EU claims were withdrawn, abandoned or rejected. The bogus claims from among the 5,800 EU nationals who sought asylum last year cost Canadian taxpayers $170 million. Hungary, an EU member state, has become Canada's top source country for such refugee claims. Hungarians made over 2,400 refugee claims around the world in 2010. Of those, 2,300 were in Canada. That is 23 times more claims made in Canada than in the rest of the world put together. By comparison, the United States received only 32 Hungarian refugee claims in 2010. I think these numbers speak volumes.

Our refugee system was designed to provide protection to those who genuinely need it, people who have escaped brutal regimes, violence, oppression and persecution in these countries. These people need to come to Canada for protection or they risk losing their lives. However, the majority of claims are coming from safe and democratic countries that respect human rights. The fact that Canada receives more refugee claims from the democratic European Union than from Africa or Asia should be a clear wake-up call. Clearly, there is something wrong with our refugee system and it needs to be fixed.

This is how immigration lawyer Julie Taube summed up the situation under the current immigration system. She said:

I’m an immigration and refugee lawyer in Ottawa, and a former member of the Immigration and Refugee Board. I can tell you from theory and practice that the current refugee system is very flawed, and cumbersome, and definitely needs an overhaul. It takes up to two years to have a claimant have his hearing. And there are far too many bogus claims that clog up the system, and use very expensive resources at a cost to Canadian taxpayers.

....I have clients who’ve been waiting since 2009, early 2010 to have their hearing, and I represent many claimants from, let’s say Africa, the Mid East countries, who base their claim on gender violence or Christian persecution in certain Middle East countries, and they have to wait, because the system is so clogged up with what I consider to be unfounded claims from citizens of safe country of origin.

The reality is that instead of waiting patiently to come to Canada through the immigration process, too many people are trying to use our asylum system as a back door to gain entry into Canada. These bogus claimants do not want to play by the rules. Instead, they use our immigration system to get to the front of the line. All the while these claimants clog our refugee system and make those who legitimately need it to wait far too long before their claim can be dealt with. Let us not forget the huge expense to taxpayers and the enormous waste of taxpayer dollars. On average, a failed refugee claimant costs approximately $55,000. The simple fact is that the generosity of Canada's social benefits, including taxpayer-funded welfare benefits and our general health care system, which is a source of immense pride for Canadians, is the draw factor for many European claimants.

The designated country of origin policy would provide the minister with a more flexible tool to respond to spikes in unfounded refugee claims. To help reduce the pull factors for unfounded claimants, the designated country of origin policy would allow for expedited processing of refugee claims from countries that do not typically produce refugees. It is important to note, however, that whether or not a country is designated, every eligible refugee claimant would continue to receive a hearing before the independent Immigration and Refugee Board. Claimants from those countries would be processed in about 45 days compared to 1,038 days under the current system.

All claimants, regardless of country of origin, would continue to have the ability to seek judicial review of their claim by the Federal Court. Claimants from countries of origin that have not been designated would get access to an additional level of appeal for the first time, as they would have access to the new refugee appeal division.

Bill C-31 is necessary since the many days it takes to process refugee claims is what attracts unfounded claimants to Canada in the first place. On average, it can take up to four and a half years from the initial time a claim is made until the failed claimant is removed from Canada. In the most extreme cases, the entire process has taken up to 10 years. As a result of the improvements in Bill C-31, those who truly need our protection would get it even faster and those who do not would be sent home more quickly. Moreover, Bill C-31 would save Canadian taxpayers at least $1.65 billion over five years.

It is no surprise that Bill C-31 has received widespread praise from across the country. This is what the Globe and Mail had to say about the bill:

[The immigration minister's] refugee reforms, aimed at making the process more efficient and decisive, are generally good. If implemented, they will improve an unwieldy asylum program....

The legislation rightly focuses on weeding out claimants who are not genuine, and stemming the flow of asylum seekers from countries such as Mexico and Hungary that are democracies with respect for basic human rights and freedoms....

Fast-tracking the refugee claims from these countries, and ensuring failed claimants are properly deported, is an excellent way to ensure Canada does not become a magnet for abuse.

Canadians are proud to have the most generous immigration system in the world. However, Canadians have no tolerance for those who abuse our generosity and take unfair advantage of our country. We must take action to crack down on this abuse and strengthen the integrity of Canada's immigration system. The protecting Canada's immigration system act does just that. It would make our refugee system faster and fairer. 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, this bill would provide protection more quickly to those who are truly in need.

Canadians have given our government a strong mandate to protect Canada's immigration system. We are acting on that mandate. If we want our refugee system to work more efficiently and to provide protection to those who genuinely need it in a reasonable amount of time, then I encourage all members of this House to vote in support of this legislation.

[Claude Gravelle, NDP, Nickel Belt, ON]

Mr. Speaker, I would like to thank my colleague from Windsor West for his intervention on this very important bill. Given the fact his riding borders on the U.S. border, as he said in his speech, he has had one staff member dedicated to immigration for the past 10 years. I would like to ask the hon. member how bill C-31 would affect not only him and his staff but also the people in his riding?

The House resumed 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.

[Brian Masse, NDP, Windsor West, ON]

Mr. Speaker, I am pleased to rise on Bill C-31, a very important piece of legislation. I hope to put some of this into context.

I wish our new elected official from Toronto—Danforth, Mr. Craig Scott were able to participate. He has yet to be sworn in. He has a legal degree from Oxford, London School of Economics and Dalhousie University. He can certainly provide an international lens to this. Canada is not an island. It is important to deal with the issues of worldwide refugee problems, whether they be violence, hunger, persecution for religion or beliefs or not having beliefs. This is something that Canada has to do with other nations.

I have empathy for the minister having to deal with a difficult file. Karen Boyce in my office is directly assigned to deal with immigration matters. She has worked diligently for 10 years, since I was elected in 2002, processing many claims for people, because we have such a backlog in our system. Sadly, we are not even funded to have a direct immigration person. However, in my office we are dedicated to that service. Karen has basically dedicated her life over the last 10 years to helping people. There is not a day that goes by that she does not change somebody's life.

It is important we talk about this, and think about some of the language that is being used here by the government. In the last couple of minutes I jotted down the words government members are using: protection, take advantage, security of population, abuse, crackdown, bogus. These are the types of words that the government is using to describe the most vulnerable who are coming to our shores, whether they be refugees or immigrants.

I think about this, and I think about my grandfather, Fred Attwood, who came to Canada after the Second World War. How courageous he must have been to come across the ocean, to Windsor, Ontario where he had never been before. He had to try to find a job and save money to send back for his wife, daughter and young son who had been left behind. I thought about how courageous it was. When we go to citizenship ceremonies, we think about how courageous people are. Also, there are the ones who are being persecuted and who do not know their fate. They are often dealing with children.

Let us be straight about this. Canada needs immigration and refugees. That is a reality for us to sustain our quality of life. That is necessary. We have a small population growth right now. That is not going to do, the day we need our pensions paid for, our economy moving and important new skill sets.

Let us put a face on some of these people the government is saying are dangerous, are security issues, who have problems and who we have to make sure are not going to be threatening the general public. They are people like K'naan. He was born in Somalia. He spent his childhood in Mogadishu and lived there during the Somalian civil war which began in 1991. Is a person like that a threat? He is a refugee.

How about Adrienne Clarkson, former Governor General of Canada? She emigrated from Hong Kong as a refugee in 1942. She came here, making her mark and contributing to Canada.

How about Fedor Bohatirchuk, a chess master? He has since passed away, but he was persecuted in Ukraine. He came to Canada and contributed for many years.

Sitting Bull, the Sioux chief. He left America for Canada as a holy man who led his people as tribal chief during the years of resistance in the United States. Sitting Bull eventually came here to Canada from the United States.

These are the people we are talking about. So when we see a system that is going to be put in place, we have to be very careful. I do not like the language that is being used. I do not think it is fair. I do not think it is right. It feeds into the base, the negativity. It is almost exhausting to see that this is what Canada is about, that we literally have a refugee problem that is overwhelming the capability of our current government, and that we have to gut our immigration and refugee policies to deal with this plague before it destabilizes our country. That is almost the message the Conservatives seem to be trying to paint.

We do have problems with our immigration and refugee situation. We do want to make improvements. There is no doubt about that. However painting it in this context, locking up people, tearing families apart, having no defined dates, having no capabilities to be able to advocate for themselves, is this what we are trying to espouse?

I do not like to see lists. I have seen this in the past. I was in the Canadian embassy in Washington in 2003. The ambassador said that Canada was going to have certain citizens who, when they entered the United States, would be put on a list because they came from a different country. I asked if we were going to protest that. He said that we were going to accept that. I said that is wrong, because that list is going to grow. Sure enough, it did. It went from 5 countries to 17.

Now there is a situation where our own citizenship is being tiered and defined by the U.S. to this day, with no resistance from the government, not the previous Liberal administration, not the current administration. We have accepted the fact that they will not validate our legal and due process to assign citizenship to the people we want to come into our country. We have allowed them to tier that.

What happens on the Windsor-Detroit border every day is ironic. We have doctors, lawyers, nurses, teachers, a whole slew of people, some of them were born in Pakistan 40 years ago, who are saving lives.

This is the funny part. Their credentials are not recognized in Canada, so they have to go into the United States and serve in the hospitals there. They are considered a threat to the United States at the border, in many respects because they happen to come from a country that the United States defines as being insecure or having issues, despite having Canadian citizenship. They are actually fingerprinted and photographed. Then they go to their jobs, saving American lives every day.

Ironically, they sometimes save Canadian lives, because when the hospitals are full in Windsor or if there are problems with people that cannot be solved, instead of being sent to London sometimes they will be sent to the United States. They get treated by a doctor who is not qualified to treat them in Canada and cannot get a job here. It is unbelievable. We have not been able to solve that in over 10 years.

The problem we have with this bill is it does not deal with the real situation of the backlog. I am concerned with the delays that are going to take place by not having appropriate staff levels.

We see this on a regular basis. For people waiting for security clearances, what happens is their health clearance goes null after its expiry date. Then they try to go back and get that and have their security clearance go null again, or wait in advance for many years. We have many cases where people are waiting for many years because of security reasons. We understand and appreciate that. However, why would we not put the resources to get these people moving?

Once again, we are connected to the world in regard to refugees. When there is a situation as in Sri Lanka, or in the past with Jews out of the Second World War, it is for all the world to contribute and do its due diligence to ensure that those who are vulnerable, through no fault of their own, get protection. Hopefully, we can restart their lives so they can contribute to our country and planet.

When we talk about refugees, think about people in the past who were refugees. Bob Marley was a refugee from Jamaica. Olivia Newton-John's grandfather was a refugee, as was Max Born. There is K'Naan, as I mentioned before. There are people like Jackie Chan. He was a refugee because of the Triads in Hong Kong. There is Jerry Springer, and I am not a fan of him, but his parents were German refugees. My own editorial opinion is he has not improved the television I watch, but the point is it is a free democracy.

There is Madeleine Albright. Under the system we are talking about, she would be considered a risk and would have to be vetted through our system the way the government wants to do it. Madeleine Albright and Harry Kissinger were refugees. As I mentioned, Sitting Bull was a refugee. I would bet if one were to look at some of the persecutions of people who did not want to participate in the draft during the Vietnam War, they would probably not be let in Canada anymore. Victor Hugo was a refugee. Here is another interesting refugee, Albert Einstein.

When we talk about this, we need to have some context. That is why I think it is important to note the language coming out. It was interesting to hear the minister talk about polls. In a question to one of my colleagues, he talked about polls wanting Canada to do this. We get calls and false emails all the time claiming refugees are getting all this money. It is not true. It is all a campaign of hate.

On an issue like this, sometimes the proper thing to do is not what is popular but what is right. That is hard to do sometimes, and the Conservatives do not understand that. They see this as a wedge issue.

When the Conservatives use the words, “bogus”, “crackdown”, “abuse”, “protection”, “take advantage”, “security of the population”, I refute that with the refugees who have contributed to Canada and this planet. We have to be there for them, not only in terms of passing legislation but in ensuring they can contribute to our country.

[Harold Albrecht, Conservative, Kitchener—Conestoga, ON]

Mr. Speaker, contrary to the preamble to the question from the member opposite talking about attacking the most vulnerable, Canada has the most generous refugee system in the world.

Many of us in this room have had the privilege and honour of working directly with refugee claimants when they have come here. We have helped them find their way through those early days here, find a place to live and find a place to work. I cannot understand why the opposition would not understand that it is important we have a system in place that actually ensures the security of the Canadian population.

One of the misconceptions that has been repeated over and over again by the opposition, all through this debate and especially this morning, is this myth that somehow Bill C-31 includes the mandatory detention of everyone who arrives as part of a human smuggling event. I would like to ask my colleague to explain the exemptions that are there for those who are under 16, and also how once an actual claim is processed the claimant is no longer detained in the detention centre.

[Jacques Gourde, Conservative, Parliamentary Secretary to the Minister of Public Works and Government Services]

Mr. Speaker, I am very pleased to express my support for Bill C-31, the protecting Canada's immigration system act.

If there is one thing that Canadians can be proud of, it is the way we treat foreign nationals who seek our protection. Our asylum system is one of the most generous in the world. Currently, Canada opens its doors to one in 10 of the world's resettled refugees.

Our humanitarian efforts have even been recognized by the United Nations. Since the second world war, Canada has granted asylum to over one million refugees. As a Canadian and a Quebecker, I am proud of our humanitarian tradition. Our government is determined to maintain this tradition that Canadians are so proud of.

Canada welcomes 10% of the world's resettled refugees, more than almost any other country. Our government has also increased the number of resettled refugees, with plans to settle 2,500 more by 2013 for a total of 14,500, which is a 20% increase.

The rationale behind Bill C-31 is simple: by focusing our system's resources on the people who genuinely need our protection, we will be better able to help those people. But we can make our system more generous only if we correct the problems in it.

We got closer to that goal with the passing of the Balanced Refugee Reform Act in June 2010, but the fact is that gaps remain in the system. We need more robust measures that are more like the ones in the bill that was first introduced.

For example, our asylum system is already overwhelmed by a significant backlog of claims. The growing number of bogus claims from European Union democracies is only exacerbating the problem. When we consider that virtually all claims from the European Union in recent years were abandoned, withdrawn or rejected by the Immigration and Refugee Board, an independent body, it is quite apparent that too many of our tax dollars are being spent on people who do not need our protection.

What are we to make of the fact that most claimants from the EU abandon or withdraw their claims, if not that the claimants themselves believe they do not need Canada's protection and therefore filed bogus claims?

By building on the Balanced Refugee Reform Act, Bill C-31 would save hard-working Canadian taxpayers $1.65 billion over five years. I think Canadians would agree that that money could be put to better use than dealing with bogus refugee claimants who abuse our system to enter our country through the back door. Yet that is just what we are doing now. We are using taxpayers' money to help people who should not even be here.

A failed refugee claim costs taxpayers an average of $55,000 because the current system is far too slow. On average, it can take up to 4.5 years from the time an initial claim is made until a failed claimant is removed from Canada. A number of cases have dragged on for more than 10 years. During this time, claimants can receive free health care and social assistance while their claims are pending. Long wait times mean greater costs for Canadian taxpayers.

It also takes too long for people who need our protection to move through the system. Those who truly need our protection now wait approximately two years—20 months—for a decision on their claims, which is unfair to genuine claimants. Our message to genuine claimants who are waiting patiently in line is that we are sorry. We know that they need protection, but they must wait two years before we can tell them whether they will get it. This is just not fair. It is an abuse of our country's generosity.

This situation deprives genuine claimants of their peace of mind and of the opportunity to quickly obtain protection.

In view of these problems, further improvements to our refugee system are obviously needed. Canadians have had enough. They want our government to take action and improve the system. That is exactly what we are doing with Bill C-31.

This bill will not just improve the current system and the Balanced Refugee Reform Act, it will also provide genuine claimants with protection sooner. The success of the new system depends on our ability to expedite the processing of claims, which is essential. The less time claimants spend in Canada waiting for a decision, the less incentive there is to abuse our generous refugee system and to queue-jump the regular immigration process. In addition, by speeding up processing times for refugee claims, we can provide genuine refugees with protection more quickly.

With Bill C-31, for example, claimants from designated countries of origin could have an IRB hearing within 30 to 45 days, as opposed to the 1,000 or more days it currently takes.

Let us be clear: the independent Immigration and Refugee Board will continue to hear every eligible claim, as it does now, regardless of the claimant's country of origin. In addition, every failed claimant will have access to at least one recourse mechanism, such as the refugee appeal division or the Federal Court. These new processing timelines not only mean that people who are in genuine need of Canada's protection will receive it more quickly, they also mean that we can more quickly remove those who do not.

Given the recent spike in the number of unfounded claims from countries that respect human rights and defend democratic values, and that are not usually source countries for refugees, we must absolutely deter the abuse of our refugee system. Quick removals would deter abuse and contribute to reducing the overall cost of our asylum system.

We need to send the right message to both types of refugee claimants: the genuine and the unfounded. Those who truly need our help will get it even faster, but if someone is not in need of protection, that individual will be sent home quickly. These proposed measures will allow us to continue to meet our domestic and international obligations.

These measures will also help to maintain the balance and fairness that are the foundations of our refugee system. Canadians gave our government a clear mandate to preserve the integrity of our immigration system. Bill C-31 delivers on that mandate.

This bill to protect Canada's immigration system will help to provide a quicker and more secure beginning here in Canada for victims of violence and persecution from around the world. At the same time, it will prevent bogus claimants from abusing the generosity of our immigration system and from benefiting from our health and social welfare services, which are paid for by taxpayers.

Canadians, and Quebeckers in particular, take great pride in the generosity of our immigration system, but they have no tolerance for those who abuse our generosity and seek to take unfair advantage of our country.

For all of these reasons, I urge all of my hon. colleagues in the opposition to support this important bill and to help us pass it quickly.

[Jason Kenney, Conservative, Minister of Citizenship]

Mr. Speaker, I have great respect for the member, but in his substantive comments, unfortunately there were at least a couple of errors of fact and certainly, in my view, mischaracterizations of the bill in its intent.

One of the areas of fact which I suspect he just repeated and probably a researcher got it off the Internet was the notion that the minister is empowered under Bill C-31 with the ability to arbitrarily strip settled refugees of their permanent residency. There is no such power. This is a complete fiction.

In fact, the Immigration and Refugee Protection Act, adopted in 2002 by the government of which he was a member, in section 108 empowers the minister to make an application to the IRB to revoke permanent residency from people for whom protected status has ceased because they obtained such status through fraudulent means or country conditions have changed.

There is no change in the bill in this respect. The minister has no such power. It is a power that belongs to the IRB and is very infrequently used by that quasi-judicial body.

The member talked about 12 months of detention for smuggled claimants. In fact, they would be released following a positive protection decision by the IRB which, under the accelerated timelines of Bill C-31, would be in a matter of weeks or a couple of months.

The member asked why we would penalize claimants from designated safe countries. There is no such penalty. We have an accelerated process which his party agreed to in Bill C-11 in the last Parliament. The only change is that claimants would not have access, if failed at first instance, to the refugee appeal division, which the Liberal government refused to create in the first place.

How is it penalizing people to not give them access to something which does not currently exist?

[Irwin Cotler, Liberal, Mount Royal, QC]

Mr. Speaker, I am pleased to rise on the matter of Bill C-31 and its prospective immigration reform. Regrettably, rather than being the transformational reform the minister envisages, though some of his reforms have been commendable, this bill, not unlike its earlier incarnation that experts characterized as being “littered with charter violations”, is seriously flawed from a constitutional perspective in its constitutionally suspect provisions; from an international perspective in its breaching of our international obligations; from a humanitarian perspective its turning its back on our humanitarian ethos; and from a policy perspective in its granting to ministers of broad, arbitrary, and sometimes non-reviewable powers, while removing avenues of appeal and review for applicants. In particular, this legislation reflects a serious lack of appreciation of what it means to be a refugee escaping persecution, and it can amount to gratuitous punishment of those seeking our protection.

Let me identify some of the defects in this legislation.

First, Bill C-31 would impose unrealistic and unfair deadlines on refugee claimants that would force them to make representations, perhaps at the moment they are most vulnerable, for example having just experienced violence, torture or sexual assault, and then finding themselves in a new country in an unfamiliar situation, not to mention a situation where a language barrier may likely exist, and where a failure to meet deadlines may pre-emptively disqualify their claim without affording them a fair and reasonable opportunity to establish such a refugee claim. For example, the 15-day window for refugee claimants to deliver a written version of the basis of their refugee claim is simply not enough time for refugees to seek legal advice and to do all that is necessary for the preparation of such claims. This includes responding to complicated legal requirements, gathering the evidence to prove their claim and making the legal case. Moreover, the 15-day window to complete an appeal application is equally unfair and limits the possibility of their pursuing such an appeal, such that mistakes that may be made by the Immigration and Refugee Board may go uncorrected. This legislation would serve in some respects, however inadvertent it may be, to have as its effect the double victimization of those who have been initially victimized by the smugglers exploiting them, and who then end up being victimized when they seek protection on our shores.

This brings me to the second point. The revised process for designating certain countries as safe eliminates an expert independent advisory body that could guard against countries being designated on the basis of erroneous political, economic or other considerations. Individuals from those countries under this legislation would face discriminatory treatment respecting matters as fundamental as access to justice, given that the processing of their claims would occur more slowly than for those from non-designated countries. Not only may this violate UN convention rights, but it also goes against the very premise that all are entitled to equal and impartial hearings regardless of the country of origin. Moreover, the way countries are designated, by a calculation of the number of rejected applicants, we may end up with a situation where a few bad apples can spoil the bunch. Therefore, while there may be numerous false claims from a country, why should we penalize all from that country where there may indeed be bona fide applicants in dire need of protection? Moreover, claimants from these countries would also face immediate removal without a right of appeal, thereby increasing the possibility that those facing a legitimate fear of prosecution would be deported. This flies in the face of our constitutional obligations, as confirmed by the Supreme Court, that we simply cannot deport people to situations of torture or terror.

Third, the bill calls for the mandatory non-reviewable and year-long detention of designated foreign nationals 16 years of age or over, which itself is an arguable breach of both our charter rights and related Supreme Court jurisprudence, which hold that such detentions without review are patently illegal. In the government's rush to incarcerate, a phenomenon that we also saw with Bill C-10, it ignores that there are suffering humans involved who may be in legitimate need of serious protection.

At the end of the day, what this would do is simply immunize error in our refugee system while prejudicing the rights of prospective asylum seekers.

Moreover, the minister himself has acknowledged that there are flaws in this proposal, noting in this place:

We will be moving an amendment to Bill C-31 to allow minors under the age 16 who are not accompanied by their parents to be released from detention if they have been smuggled into the country.

While I appreciate the minister's response in that regard, and I appreciate his presence here and engagement in this debate, it is yet again this rush to legislate without considering all the variables that results in flaws that end up having to be addressed and redressed.

Further, those who are granted refugee status would nonetheless be denied the right to apply for permanent residency for a period of five years. During this period, refugees would be prohibited from applying to reunite in Canada with spouses and their children. In effect, this means that actual reunification could be delayed for approximately six to eight years after being granted refugee status. They would be required to report regularly to immigration authorities for questioning and to produce documents. They would be prohibited from travelling outside Canada for any reason during the period. Arguably again this is in breach of our international human rights and humanitarian obligations in this regard.

As a final note on this point, let us not forget that there are extensive costs associated with the detention of refugees, not simply in terms of their physical detention which is costly on its own, but costs to the system later on in terms of mental health issues resulting from prolonged detention which history suggests could also be a significant burden. This is an issue that was not properly addressed in Bill C-10 and which we are going to be revisiting here in this legislation.

Fourth, this bill targets the permanent residence status of refugees by providing that their status may be revoked if the minister determines that they are no longer in need of protection. This provision could be applied against refugees who make claims in Canada or those who have been resettled to Canada from refugee camps abroad. It could even apply retroactively. As such, refugees who have been living in Canada for even decades and have established lives, families and careers here may be stripped of their status if the minister sees fit.

I would be prepared to say that the minister would not act in such an arbitrary manner, but the legislation does grant that kind of authority for that kind of power to be so arbitrarily exercised.

Indeed, as the Canadian Association of Refugee Lawyers put it, this provision “undermines Canada's commitment to refugees, makes a mockery of our commitment to the United Nations to provide permanent resettlement to refugees and puts at risk of deportation tens of thousands of refugees who have already been granted permanent residence in Canada”.

Fifth, the bill makes changes to the judicial review process in ways that are highly problematic, constitutionally suspect, and undesirable from a policy point of view.

The proposed bill removes the automatic stay of removal when filing for judicial review for claimants from designated countries of origin, claimants under an exemption to the safe third country agreement, claimants whose claims have been determined to be manifestly unfounded or of no credible basis, and claimants who arrive as part of a designated irregular arrival.

Not only does this prejudice certain applicants further, as I noted in my initial remarks about the problem of having designated countries in the first place, it is problematic in that claimants who have a valid claim as recognized by the courts would be forced to fight their court case from abroad. It is difficult enough for such claimants to argue their cases here in Canada, but it becomes even more difficult when they are forced to do so from a distance. If the court finds that the claimant is correct and should be allowed to stay here, will Canada fund the person's return voyage? Or is the government's plan thereby to end up removing more than needs to be removed and make it more difficult for people to come back?

Sixth and related, the legislation allows the Canada Border Services Agency to establish regulations concerning factors to consider when deferring removal. In this regard, we see a change in the legislation where removal orders are to be enforced as soon as is reasonably practicable, to use the language of Bill C-31, which says that the order must be enforced as soon as possible. This could cause a problem.

Time does not permit me to get into any other concerns, so I will quote the Canadian Civil Liberties Association by way of conclusion:

The provisions of Bill C-31 stand in stark contrast to Canada's legal obligations under our Charter of Rights and Freedoms and a variety of international human rights conventions. Furthermore, this bill represents a dramatic departure from the ethos and reputation of Canada....

[Nina Grewal, Conservative, Fleetwood—Port Kells, BC]

Mr. Speaker, again I would tell the member that Bill C-31 proposes very important reforms for asylum seekers to make the process faster and fairer. It includes measures to address human smuggling and provides authority to make it mandatory to provide biometric data with a temporary resident visa application.

Let us be clear: we all want a compassionate immigration system. We all want to help others who generally need Canada's assistance, but we should not and cannot tolerate those who abuse our generosity.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, in the member's comments she made reference to a change. There was a change from Bill C-4 to Bill C-31, wherein the government responded to opposition concerns in agreeing that it would be inappropriate to lock up or detain eight-year olds. It is now saying that it would not detain someone under the age of 16. We see that as a positive change.

There are a lot of positive changes that we still need to see in order ultimately to accept a bill of this nature in any fashion.

Having said that, my question to the member is what would happen in the case of a parent with a child. For example, if there were an eight-year old boy with his mother, would the mother be allowed to remain with her child or would she be held in detention?

[Nina Grewal, Conservative, Fleetwood—Port Kells, BC]

Mr. Speaker, I would like to tell the hon. member that Bill C-31 is an important step to better protect our immigration system. It is important that we close the immigration back door so that the system becomes fairer for everyone involved. That is what this proposed legislation attempts to do.

The member mentioned that Jews do not support this bill, but I think that Jews all over Canada support the legislation wholeheartedly.

What I would like to make clear is that our government appreciates the fact that our country was built by immigrants. That is why we have introduced a number of other measures to help newcomers who come to Canada and to better protect Canada's immigration system.

[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.

[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?

[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.

[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.

[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—

[Jason Kenney, Conservative, Minister of Citizenship]

Mr. Speaker, I thank the hon. member for her speech. She said that Canadians are against Bill C-31, but is she aware that after illegal migrants arrived 18 months ago, polls clearly showed that approximately two-thirds of Canadians believed that the government should prevent boats transporting illegal migrants and human smugglers from entering Canadian territory?

Is she aware that the majority of Canadians—about 55%—say that illegal migrants who arrive via illegal means but who are recognized as refugees under our laws should immediately be deported to their country of origin?

This means that Bill C-31 is much more generous than public opinion and more mindful of our tradition of welcoming true refugees.

Is she aware that Quebeckers expressed this opinion more strongly than other Canadians? In other words, her constituents want to turn away ships transporting illegal migrants. Is she aware of that?

[Rosane Doré Lefebvre, NDP, Alfred-Pellan, QC]

Mr. Speaker, I rise today to voice my opposition to a draconian bill that would change the way in which refugees and asylum seekers are treated. I am deeply disappointed in this bill, which revokes most of the compromises that were reached in connection with the former Bill C-11, the Balanced Refugee Reform Act, in addition to reintroducing Bill C-4, which targets refugees instead of human smugglers.

Bill C-11, which was passed by a minority government during the previous Parliament, gave rise to what could be considered historic compromises with a view to making truly balanced refugee reforms. But now, at a time when that bill has not yet even come into effect, the government is doing away with everything the members of this House accomplished together and is instead imposing an ideological approach without giving any thought to the lives of the people who will be affected by this change.

By acting in this way, the Conservative government is going back on what it agreed to and demonstrating once again that it does not believe in co-operation and that what it wants more than anything is to put its own ideology ahead of the well-being of the people affected by its decisions. Bill C-31 transforms a balanced measure into a radical, partisan, ideological measure.

I want to remind the House that the Laval immigration detention centre is in my riding, Alfred-Pellan. There are three such centres in Canada: one in Laval, one in Toronto and one in Vancouver. Refugees who cannot prove their identity are incarcerated in this facility, which looks like a prison and is on federal prison property. There, people are handcuffed to be moved and families are kept apart. The centre tells refugees that it will take only a few days to check their identity, but in reality some of them will spend weeks or even months in a place that is run like a medium-security prison.

The average stay at this centre is currently 28 days, according to the Canada Border Services Agency. Detention leaves its mark on asylum seekers' mental health. After being handcuffed when they are moved, having their personal effects confiscated and being separated from their families, detainees leave the centre with serious health problems and depression.

Research proves this. Janet Cleveland, a researcher and psychologist at the CSSS de la Montagne at McGill University, met with nearly 200 asylum seekers during a study on the impact of detention on the mental health of people seeking asylum in Canada. The study was conducted with four other researchers. Over 120 of the asylum seekers had been in detention for three weeks in either Montreal or Toronto when she met them. The others were not being detained.

All the asylum seekers taking part in the study had already endured traumatic experiences when they arrived in Canada, but those who were placed in detention were more likely to suffer from depression, anxiety or post-traumatic shock. When I asked the Minister of Citizenship, Immigration and Multiculturalism in February why this government was not doing anything to correct this situation, which is intolerable for the officials and the newcomers, he replied that it is true that there is a waiting list for refugee claimants, and that a new system will ensure a processing period of a few weeks. He said new claims would be heard by the IRB within two to three months. Here is what Janet Cleveland said:

As far as the government is concerned, three weeks in a centre is not very long. Yet when we compare these individuals to others who are not being detained, the detained refugees were twice as likely to show serious post-traumatic stress symptoms. We did not expect this result after “only” three weeks of detention.

I would point out that 40% of the immigrants being detained in Laval are there simply while their criminal record are being checked. So, I would ask the minister once again: why are these newcomers being treated like criminals? I am also very worried about the rights of refugees, and of the people who work in these centres, and the way this will be implemented. What worries me even more is the fate of child refugees who are separated from their families and loved ones when they arrive here, and therefore lose their sense of security.

Unlike Bill C-4, Bill C-31 includes an exemption from detention for anyone under the age of 16. That is very good, but when I asked the Minister of Public Safety whether those children would be separated from their families and what would happen to the families, he did not even answer my question. That leads me to believe that, as a result of this bill, children will be separated from their families, which can cause serious psychological problems and trauma for children who are only 16 or younger.

It also makes me think about the measures the minister intends to implement to guarantee that minors will not be detained based on their age when their own identity and age are in the process of being verified. If they do not have documents to prove that they are under the age of 16, what assurance do we have that they will not be detained? For example, will a 14 or 15 year old who looks 16 or older be treated fairly? It is truly quite disturbing.

Since men are detained separately from women and children, what will happen when a single father arrives with his children? Will they be separated immediately upon their arrival?

We must rethink how we treat our brothers and sisters who are seeking asylum. To do so, we must first acknowledge the human nature of their journey, which is fraught with injustice, tragedy and trauma. In my opinion, the amendments proposed by Bill C-31 will result in the criminalization of people who are often victims and have reached the end of their rope.

Is it right to treat them like criminals when they arrive? Is it one of our values to separate and break up families, when their family ties are all they have left?

I recognize the importance of properly identifying refugee claimants. However, I am convinced that it can be done in a more humane way, without compromising the psychological and social well-being of asylum seekers, without breaking up families, without passing this bill which would welcome refugees with detention when they arrive.

I would like to quote a letter from Human Rights Watch dated March 16, 2012, addressed to the members of this House.

HRW believes that the detention provisions of Bill C-31 unduly and inappropriately impose penalties on vulnerable migrants, asylum seekers, and refugees. Instead of identifying and punishing human smugglers, these provisions of the bill would punish irregular migrants, including refugee men, women and children fleeing indiscriminate violence and/or persecution. These people should not be punished on the sole basis of their “irregular” entry.

This letter is signed by Bill Frelick, refugee program director, and Jasmine Herlt, director, Human Rights Watch Canada.

Bill C-31 is bad for refugees and does absolutely nothing to target smugglers. In my opinion, the previous Bill C-11, as amended in the last legislature, takes a more balanced approach, and deserves to be implemented and fairly evaluated. The government constantly talks about the importance of taking action. Here we have a bill, Bill C-11, which is ready to go and I invite the government to move on it.

Canadians and the international community are speaking out against Bill C-31. I am asking the government to reconsider its approach. We have to think of the families that have already lived through so much trauma and are just looking for a place where they can be protected. This bill does not target the right people at all. We absolutely have to rethink this approach. Canada has always welcomed refugees and must continue to do so.

I would also like my colleagues to consider the amendment proposed by the member for Vancouver Kingsway, and I would ask all members of the House to support it.

[LaVar Payne, Conservative, Medicine Hat, AB]

Mr. Speaker, I am grateful for the chance to participate in the debate on Bill C-31, the protecting Canada's immigration system act, a bill that would improve the immigration system in Canada in a number of ways.

As the debate has unfolded in the House, I have had the opportunity to hear many differing, yet informed and thoughtful opinions from hon. colleagues on this bill and on the broader issues touching Canada's immigration system. It would be disingenuous of me to claim there is anything approaching unanimous agreement in the House on this issue. As with all legislation we consider here, hon. members make their arguments with conviction and, hopefully, with respect for one another's views. However, in the end, we are still having a debate with more than a single point of view on offer.

That being said, it speaks to the strength of this country that although we may disagree on some of the specific measures in this bill, there is a general consensus among Canada's parliamentarians on the need for a strong, fair and effective immigration system. We should not take this for granted. There are not a lot of other nations in the world where legislators from different parts of the political spectrum, from different corners of the country, from different generations with different personal backgrounds all agree that immigration is a net benefit to the country and vital to our economy, society and national interest.

We are lucky to be living in such a country. We are lucky to be having a respectful debate about how to make our immigration system better rather than having a wrenching, existential dispute about whether to even have immigration at all, as is currently happening in many other countries around the world. That is important to keep in mind as we continue this important debate.

As far as the specific legislation is concerned, I am a strong supporter of Bill C-31. I believe the measures in the bill would bring improvements to an immigration system that we all agree is central to Canada's interests. Many of my hon. colleagues who have already spoken about those measures have done a good job in delineating exactly how they would bring these improvements.

In the spirit of consensus I have alluded to in my remarks so far, I would like to take a bit of time to talk about some of the things this bill upholds, on which I hope all hon. members, no matter where they sit in the House, can agree. I hope that by highlighting these aspects of this bill, I will be putting some of the debate about its measures into a larger perspective.

First, it must be acknowledged that Canada's refugee system is among the most generous in the world. We welcome more refugees per capita than any other G20 country. There is nothing in this bill that would change that fact. Indeed, by helping legitimate refugee claimants get through the claims process faster, it would arguably make the system even more generous. If Bill C-31 passes, Canada's refugee system would continue to be one of the most generous in the world, reflecting the great humanitarian tradition of this country.

In many ways, the operation of our refugee system is also a model for the world. One of the reasons for that is that every eligible asylum claimant is entitled to a full and fair hearing before the refugee protection division at the independent Immigration and Refugee Board. As an independent quasi-judicial body, the IRB decides each claim on a case-by-case basis, on its individual merits. It is worth noting that the UN Convention relating to the Status of Refugees requires that all refugees receive a fair hearing, but it does not require that claims be decided by an independent quasi-judicial tribunal. We go that extra step in Canada because it is an international best practice.

Also, as an added protection for all claimants, should the IRB reject their claims, they may still apply for judicial review at the Federal Court. These processes help ensure the fairness and integrity of our refugee system and they would continue to do so if Bill C-31 is passed. In fact, most claimants would have access to a new appeals process with the coming introduction of a new independent body, the refugee appeal division, into the refugee system. The refugee appeal division would allow most claimants access to an appeal that included the ability to provide new evidence not reasonably available at the time of the initial claim. The establishment of the RAD is another example of Canada's going above and beyond its international commitments.

I just alluded to Canada's refugee policies being affected not only by the laws we pass in Parliament but also being a reflection of our international obligations. Canada is party to many international agreements and treaties that guide our policies in this area. Bill C-31 upholds them all. For example, all refugee claimants, no matter which country they are from or whether or not they are ultimately found to be deserving of Canada's protection, will have access to our court system. This is part of our obligations under a 1951 UN convention, and it will not change with this legislation.

Another example of an international commitment that will be upheld by Bill C-31 is Canada's core international protection obligation of non-refoulement. Refoulement means the return of persons to situations of persecution, risk of torture, or risk to life. It is prohibited by both the 1951 refugee convention and the 1984 convention against torture. Again, Bill C-31 upholds this international obligation. Indeed, there is nothing in the bill that would affect our international commitments in any way.

The fact is that for a long time Canada's immigration system has been abused by people who do not want to play by the rules and want to jump the queue. Recent waves of bogus refugee asylum claims from the democratic and humans-rights-protecting European Union have made it clear that further reforms to Canada's asylum system are needed urgently.

Our government is acting responsibly and in the best interests of Canadian taxpayers by introducing reforms to address the increasing number of bogus refugee claimants. These bogus claimants, many of whom withdraw or abandon their own claims, seek to abuse Canada's generous asylum system and receive generous social benefits like welfare and health care, costing taxpayers hundreds of millions of dollars each year.

Bill C-31 would make our immigration system not only faster but also fairer. It would put a stop to bogus refugees abusing our generous immigration system, and at the same time this bill would provide protection more quickly to those who are truly in need. What is more, once Bill C-31 is passed, Canada would continue to have the most generous immigration system in the world, and we would continue not only to meet but also to exceed our domestic and international obligations.

I hope that all hon. members will agree with me on these points. I urge all of my colleagues in this House to support Bill C-31 and ensure its speedy passage.

Finally, in my riding I have a community called Brooks, Alberta, which has at least hundred different nationalities. I have spoken with people there who have either been refugees or have come to Canada as immigrants. They all support Bill C-31. They have had many opportunities to tell me how disappointed they are by some of the issues that have come forward, particularly the attempted queue jumping in our refugee system.

I look for support from all parties on this issue.

The House resumed from March 16 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.

[Glenn Thibeault, NDP, Sudbury, ON]

Mr. Speaker, I truly am very disappointed that I will not have my full 10 minutes, but I appreciate the fact that you have given me six to seven minutes to talk about how I oppose the bill.

While I say that I oppose the bill, like my colleague from Edmonton—Leduc, I would like to tip my hat to the minister for being here throughout the entire debate. When we are looking at the importance of discussing ideas and trying to come up with the best legislation for the country, it is great that we can have this type of debate.

With that said, now that the hugs are over, I will move forward with my opinions on Bill C-31. New Democrats see this as an omnibus refugee reform bill that combines, in our opinion, the worst parts of the former Bill C-11 in the 40th Parliament and the current Bill C-4.

We see the main purpose is to repeal most of the compromises from the former Bill C-11, Balanced Refugee Reform Act, that received all-party support and royal assent in June 2010. It reintroduces Bill C-4, the human smuggling bill and introduces the collection of biometrics for temporary residents.

The naming of safe countries and the restriction of refugee rights, concentrating the power to determine safe countries in the hands of the minister, under the former Bill C-11, was to be done by a panel of experts including human rights experts. While we all can agree with the minister, we want to ensure that there would be a panel and human rights experts involved in this process, because no one is perfect. We want to ensure that immigrants could see that we do not leave it in the power of one person.

Refugee claimants from safe countries would face extremely short timelines before hearings, 15 days I believe. They would have no access to the new appeal division and no automatic stay of removal when filing for a judicial review. They would not be allowed to apply for a work permit for 180 days. The bill would also limit access and shorten timelines to file and submit a pre-removal risk assessment application and evidence.

In terms of restricting access to humanitarian and compassionate considerations, I do not think anyone would agree with that. Unfortunately, we are seeing this being pushed through by the government. A refugee claimant could not apply for H and C while the claim was pending for one year after a failed claim, in which time he or she would likely be deported. The bill would make it easier to terminate refugee protection if circumstances changed. This could apply to any legitimate refugee who had not yet become a citizen, potentially affecting tens of thousands of permanent residents. This would contravene international norms on the treatment of refugees and add uncertainty to individuals for years after their arrival. We have talked about how we have always been a progressive country in terms of immigration. I do not think that the bill, even though it may have been well-intended on the government side, does that.

Arbitrary designation of irregular arrivals and their mandatory incarceration is something that we on this side of the House definitely do not agree with. Bill C-31 reintroduces most of the provisions of Bill C-4, which are widely condemned by refugee advocates and likely unconstitutional. It would allow the minister to designate any refugee arrival of a group of two or more as irregular. We can use the examples of the Sun Sea and the Ocean Lady. These irregular arrivals would face mandatory detention for up to one year if they were age 16 and over, or until a positive refugee decision was made, whichever came first.

Irregular arrivals could not apply for permanent residency for five years or sponsor their family for five years. They would have no access to the new refugee appeal division. This designation would create an unfair two-tier refugee system, one for regular refugees and one for irregular arrivals.

Looking at the background of this, the former Bill C-11, the Balanced Refugee Reform Act, was supported by all parties in the last Parliament. Several compromises were made to the original bill, largely through the work of the member for Trinity—Spadina and the NDP. It made it acceptable to us and other opposition parties.

These compromises included establishing a panel of experts to determine safe countries, allowing access to appeal for designated nationals and those from designated safe countries, and greater timeliness for the start of the appeal process. Bill C-31, unfortunately, repeals almost all of these compromises.

What would we like to see from an immigration bill, something like C-31 specifically? We do not think the Conservatives have been effective at gaining support for this legislation by promoting fear and talking about the threat of refugees. I do not think anti-immigrant and anti-refugee rhetoric, such as “bogus claimants”, “queue jumpers” and “criminal elements”, does anything to help any of the immigrants coming to Canada. However, I think civil society is solidly against these changes to refugee reform. Experience in other countries, such as Australia for example, show that measures such as these do not have a deterrent effect.

These measures target and punish legitimate refugees. Refugees should not be subject to political manoeuvring, but should be given fair and compassionate treatment. All of those who seek protection should be given equal rights, with equal rights to appeal. No country is free from persecution. This is especially true of women and gays and lesbians fleeing violence and persecution.

To summarize, refugees have the right to a fair hearing. The right to appeal is critical for vulnerable claimants at the mercy of an inconsistent and often arbitrary Immigration and Refugee Board. We do not believe that the bill will accomplish that.

I am sure I will have a few minutes on another day to continue, but with that I do wish everyone a very Happy St. Patrick's Day tomorrow and a great constituency week.

[James Rajotte, Conservative, Edmonton—Leduc, AB]

Mr. Speaker, I appreciate this opportunity to join the debate on Bill C-31, protecting Canada's immigration system act. I have enjoyed the debate and I will concur with my colleague opposite with respect to the minister and the fact that he has been present during this debate. It is an outstanding example for all parliamentarians.

We as Canadians are rightfully proud about our long-standing humanitarian tradition and about the fact that we are one of the top countries in the world to offer protection to those who are in need of asylum. There is no country in the G20 that welcomes more refugees per capita than Canada. We resettle one in ten refugees.

Canada is continuing its tradition as a leader in international refugee protection. Our government has increased the number of refugees we will be resettling by 2,500 per year.

Canadians are proud of our welcoming and fair nature. Nonetheless, few Canadians would disagree that our refugee system is in need of reform, as we see time and time again refugee claimants simply waiting too long for a decision on their claim. We also realize the need to stop those who are abusive of our generous immigration system, and we are therefore taking action to that end.

Canada's current asylum system is bogged down by bogus refugee claimants from countries that are democratic and safe. These claimants do not wait in line like everyone else. In fact, they make an attempt to jump the queue. This leaves in limbo those who genuinely are in need of Canada's protection but also allows those who really do not need our protection to unfortunately abuse our system.

Many genuine refugees have fled their homes because of unimaginable hardship and in many cases have been forced to live in refugee camps for many years. When they arrive in Canada, they essentially start all over again. These genuine refugee claimants unfortunately are waiting years for determination on their claim. They are waiting because of an increasing number of refugee claims from safe and democratic countries. We should just look at the numbers for examples.

The total number of refugee claims from the European Union in 2011 was 5,800, a 14% increase from 2010. That is more than Africa and Asia.

Virtually all claims from the EU are abandoned, withdrawn or rejected. These are bogus refugees that are not in need of Canada's protection. They withdraw their own claims after they receive money unfortunately from our taxpayer funded welfare system and after they get taxpayer funded medical care. These claimants from the European Union cost Canadian taxpayers $170 million per year. That is simply not fair to Canadian taxpayers and it is not fair to genuine refugees who are waiting in line for Canada's protection.

Last year processing times for a decision on a claim before the independent Immigration and Refugee Board of Canada could take more than 20 months. It can take an average of four and a half years from the time a claim is made until a failed refugee claimant has exhausted all legal avenues and is removed from Canada. In some instances, cases have dragged on for more than a decade. Long delays encourage individuals who are not in need of our protection to use the refugee system as a way to remain in Canada. During that time, taxpaying Canadians pay for their health care and other generous social benefits.

Our government is closing the loopholes in our asylum system. We are listening to Canadians and acting in the best interests of Canadian taxpayers. No longer will these bogus refugee claimants be able to abuse our generous asylum system.

Bill C-11, the Balanced Refugee Reform Act, which was previously passed, provided for faster processing timelines to quickly decide claims. It introduced a designated country of origin policy to further expedite the processing of claims from those countries.

As we proceeded with the implementation of that bill, it became clear that further reforms were needed. The rising number of refugee claims coming from countries that are not normally considered as refugee producing has warranted additional measures. This is why we have introduced a bill in addition to the Balanced Refugee Reform Act.

We need to send a clear and unmistakable message to those who seek to abuse Canada's generous asylum system that if they are not in need of protection, they will be sent home quickly. At the same time, we need measures to ensure that those who truly need our help get it in a timely manner.

When the recent wave of bogus refugee asylum claims came flooding in from the democratic and human rights respecting European Union, it was made clear that further reforms to Canada's asylum system were urgently needed. We are a responsible government that is not afraid to admit that our previous legislation was not strong enough in this area.

We have a mandate from the people of Canada to protect our immigration system. We listened and we are acting on that mandate.

The protecting Canada's immigration system act would make our refugee system faster and fairer. In this time of economic uncertainty, increased numbers of unfounded refugee claims create a financial burden on Canadian taxpayers.

Under the proposed system, claimants from designated countries of origin would get a hearing quickly, within 30 to 45 days, depending on whether they initially made their claim at an inland office or a port of entry. All other claimants would receive their hearings within 60 days. Let me be very clear about this. Under these new measures, all eligible refugee claimants would continue to be entitled to a fair hearing before an independent decision maker.

At this point I would like to quote what two very distinguished Canadian columnists have to say about our proposals and improvements.

John Ibbitson of the Globe and Mail stated:

I think we need a system first of all that doesn’t cost too much....if you spend four years processing a bogus refugee claim, that’s the taxpayer who pays for it and that person may also be on welfare and other forms of social assistance during that time. So I agree. And I think there is broad public support for the idea that we need to process refugee claimants fairly and swiftly.

Another distinguished columnist, John Ivison of the National Post, stated:

I was talking to somebody today who was saying within four days of a claimant landing in Toronto, they can be claiming welfare. Now that's an obvious magnet for refugees all over the world. We have the most generous refugee system in the world. We have an acceptance rate of something like 50 per cent. Nowhere else in the world comes close to that.

Well, how many people do you need to consult to figure out that Hungary should not be our leading sources of refugees? What had happened was that the ten, the top ten countries that we receive refugees from did not figure in the UN’s top ten list of refugees.

In closing, let me reiterate that the proposed protecting Canada's immigration system act builds on reforms passed in June 2010 as part of the Balanced Refugee Reform Act. These new measures further accelerate the processing of refugee claims for nationals from designated countries which are those that generally do not produce refugees.

In addition, the proposals reduce the options available to failed claimants to delay their removal from Canada. As a result, genuine refugees would receive Canada's protection much more quickly. Even after these changes, Canada's refugee determination system would still proudly remain one of the most generous in the world.

I urge all hon. members of the House to join me in supporting the bill in order to improve program integrity and deter abuse of our refugee system.

[Jason Kenney, Conservative, Minister of Citizenship]

Mr. Speaker, I would like to thank the hon. member for his constructive comments, for what he did as the former minister of immigration, and for his knowledge of this problem.

He raised the issue of Hungary and the designation of certain countries in order to accelerate the processing of claims. However, once Bill C-31 is passed, no refugee claimant from Hungary or the European Union, which are designated countries, will have access to a hearing before a decision-maker at the Immigration and Refugee Board of Canada. That means that all claimants from all countries, regardless of the manner in which they entered Canada, including migrants who are smuggled into the country, will have access to the same system that currently exists, that is, a hearing before a decision-maker based on the merit of their cases.

The only difference is that the processing will be slightly quicker, which was agreed to by the opposition in the last Parliament in the form of Bill C-11. Moreover, claimants will not have access to the Refugee Appeal Division that his government and he, as minister, did not create.

Why is he concerned about the fact that we are not diminishing the rights of claimants from designated safe countries?

[Denis Coderre, Liberal, Bourassa, QC]

Mr. Speaker, although the minister and I do not always agree, perhaps particularly when it comes to the substance of this bill, I would still like to commend him for his efforts. I have noticed that he is always present during debate and it reminds me of my years as immigration minister. Although we strongly disagree, the fact that the minister is here shows that he takes his work seriously. We may disagree, but I would still like to recognize his efforts.

I have been there. The Immigration and Refugee Protection Act is living legislation. Over the years, difficulties and situations arise and we must determine whether we can improve things. However, we have to be careful not to put too much focus on ideology because we are talking about individuals. When I was appointed immigration minister right after the events of September 11, we had to come to terms with that reality. I often call the minister of immigration the minister of Canada. He is the one who ensures that Canadian values are protected since Canada is a country of immigrants. It was built on immigration. That is why this is a very delicate situation and anyone occupying the position of minister has to be very careful about the attitude he adopts and the policies he proposes.

I am among those who think that each case is different. When we start generalizing and labelling, it can result in errors and abuse. Canada is a generous country. We were among the first to work to protect refugees. The Conservatives will tell us that the government has increased the number of refugees selected, that it is sending people into refugee camps, that it is working with the United Nations High Commissioner for Refugees and that it is choosing the people to bring into the country.

The reality is that Bill C-31 affects people who arrive in Canada. This is where we have to be careful. I was the minister who negotiated the safe third country agreement with the United States, which was then ratified by subsequent ministers. The first agreement in principle indicated that, since the United States had ratified the Geneva convention, if someone came through the United States, they could be sent back there to go through that country's process.

However, because each case is different, I put forward a series of exceptions. We have our own foreign policy, and our own way of doing things. Each case is different and we never know what might happen. We are against abuse and we want to protect citizenship and permanent residency. They are not rights. In a way, they are privileges. However, we must respect conventions, ensure that we do not make generalizations and protect individuals.

I have problems with this bill for several reasons. The first is the matter of safe countries. The hon. member for Saint-Jean asked some questions about this earlier, and with good reason. The Conservatives can answer and say that 100% of the people abandoned their claims. They can provide the clumsy answer that people are here to collect welfare cheques. Those answers are not really appropriate and are incorrect in any case. The reality is that, in Hungary, for example, there is a right-wing extremist movement and an anti-Semitic movement—we have seen news reports on this subject—that could lead to specific attacks on certain individuals. It could have to do with sexual orientation. That is true in all countries, and it could be true in Europe.

If, as minister, I decide that a country is safe, I have just created a problem. Basically, that is what I have a problem with. We have to protect the minister. A minister should not be at the mercy of a system, but neither should the system be at the mercy of the minister. There can be exceptional measures in exceptional circumstances, and that is why the minister must not be at the mercy of the system.

On other hand, we also have to protect the institution of minister. This is why I thought it was relevant in the other bill. There was a provision for a panel of experts. It cannot be said that just because 80% of things do not happen, the country is safe. There have to be some parameters and guidelines that will allow us not only to protect the minister and the system, but also our immigration procedures. In this case, we are talking about refugees.

They say that justice must be done and that it must be seen to be done. When it appears that there is a possibility of abuse, there is already a problem. Nonetheless, I understand that a minister, because he can use ministerial permits, has the power to make decisions about very specific situations.

Detention also poses another problem, even if children under a certain age are not detained. We have seen some really awful cases where the families arrive all alone. If the adult is in detention and the child lives somewhere else, that creates other social problems.

With regard to biometrics, I was the minister who once proposed that Canada should establish a biometric national identity card. I still think that we should do this and that we should think about how we manage entries and exits at the U.S. border, for instance, and about people coming in to Canada. Biometrics is not bad, but we have to understand that there are offline and online biometrics.

When we have biometrics online, it means we have access to a database. If we do not have a legal framework to protect that information, this is where we have a problem. However, if we have off-line biometrics, and I would propose an I.D. card where individuals could have their fingerprint or some other information, the only thing we would need is to have the technology that recognizes the information on the card with a green light, red light process.

That has been done in China. We have the technology. In Shenzhen, 140,000 people pass through during the weekend. It takes 10 seconds, but there are red lights and then they can be dealt with.

Instead of putting up a label saying that everybody might be a terrorist or might be bad, authorities know where to focus, but they have to be vigilant.

The next issue is that I have a feeling that Bill C-31 is unconstitutional. Legal experts will remember the Singh decision, which stated that people who claim refugee status are also protected by the Canadian Charter of Rights and Freedoms.

From this point of view, whether we are looking at detention, or the right of protection from arbitrary detention or the right to life, liberty and security of the person, we have to be very careful. In fact, when we are drafting a bill, we may have good intentions and try to score points, but if it does not make it through the courts, it creates other kinds of problems.

I hope we can make amendments, and it is not just to take up more time. I am completely aware of the situation that the current minister finds himself in. It is not easy when you have to make decisions.

I was the last minister who had powers not only in terms of immigration and refugees, but also over deportations. After the events of September 11, protecting the safety of our citizens and of Canada is important and it is a huge responsibility. This is why, when we draft a bill and when we set up a system, we have to be sure that the system will pass the smell test.

Frankly, I believe that in certain areas, we can have all the statistics we want, but it is about what kind of process we want to have. How do we manage the access of the people who come here?

Some may say—and I expect that someone will ask me this question—that I was the minister who did not implement the refugee appeal process. When I was in office, we did not do it because we were considering how to simplify and speed up the process.

It is important to find a way to speed up the process while taking all circumstances into account, but it has to be done correctly. That is why I am asking the minister to make the necessary changes so that we can work on giving protection to those who need it, as I did when I was minister.

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

Mr. Speaker, in the entire debate on Bill C-31 I have found a persistent confusion of the issues of immigration and refugees. Just to get the terms clear from the beginning, the world in 2009 had more refugees than at any time in history. There were 43 million people who had been displaced from their country of origin and fitted the United Nations' definition of refugees. Of that number, only 1% are ever resettled into a third country. In 2009, of that number, four-fifths were being kept in refugee camps, basically in the developing world. Therefore, we are talking about a very small number of refugees who make their way to Canada. They are not in a queue. Refugees, by definition, cannot apply in their country of origin; they have been displaced.

I would like to ask the hon. member if he would clarify for us his understanding of refugees. Refugees are, by definition, people who come here in desperation. They do not form a queue in their country of origin to come as normal immigrants would.

[Dave Van Kesteren, Conservative, Chatham-Kent—Essex, ON]

Mr. Speaker, it is with great pleasure that I rise today to speak in support of Bill C-31, the protecting Canada's immigration system act, introduced by my colleague, the hon. Minister of Citizenship, Immigration and Multiculturalism.

The measures in this bill include further reforms to the asylum system to make it faster and fairer, measures to address human smuggling, and the authority to make it mandatory to provide biometric data for a temporary resident visa application.

Canadians take great pride in the generosity and compassion of our immigration and refugee programs, but they have no tolerance for those who abuse our generosity and seek to take unfair advantage of our country. Canada welcomes 1 in 10 of the world's resettled refugees. That is more per capita than almost any other country. In fact, our Conservative government has increased the number of refugees that we will be resettling each year by 2,500.

Bill C-31 proposes changes that build on reforms to the asylum system based in June 2010 as part of the Balanced Refugee Reform Act. The proposed measures will provide faster protection to those who genuinely need refuge, and faster removal for those who do not. In particular, refugee claimants from generally non-refugee producing countries, such as those in eastern Europe, would be processed on average within 45 days compared to more than a thousand days under the current system.

It has become clear that there are gaps in the Balanced Refugee Reform Act. Canada receives more refugee claims from Europe than from Africa or Asia. Last year alone, 23% of all refugee claims made in Canada were made by nationals from the EU. That is up 14% from the previous year. This growing trend threatens the integrity of our immigration system.

In recent years virtually all EU claims were withdrawn, abandoned or rejected. These unfounded claims from the 5,800 EU nationals who sought asylum last year cost Canadian taxpayers $170 million. Too many tax dollars are spent on bogus refugees. We need to send a message to those who would abuse Canada's generous asylum system that if they are not in need of protection, they will be sent home quickly.

Bill C-31 will save hardworking Canadian taxpayers $1.65 billion over five years. That astounding savings really helps to put in perspective the magnitude of the abuse of our immigration system.

However, it is not just Canadian taxpayers who are severely affected by these bogus claims. Genuine refugees are waiting a long time to receive Canada's protection, which they desperately need, because bogus refugee claims are bogging down the system. This has to stop.

Bill C-31 also includes most of the provisions in the former Bill C-4, preventing human smugglers from abusing Canada's immigration system act. There is one very important modification to note, though. Minors under the age of 16 would be exempt from the detention proposals designed to deal with mass arrivals from human smuggling operations.

Our government is sending a clear message that our doors are open to those who play by the rules, including legitimate refugees. However, we will crack down on those who endanger human lives and threaten the integrity of our borders. Human smuggling is a despicable crime, and Canadians think it is unacceptable for criminals to abuse Canada's immigration system for financial gain.

Mandatory detention for those 16 years of age and older remains in place for people who enter Canada as part of a designated smuggling event. However, once the identity of a claimant has been established and a refugee claim is approved, individuals would be released from detention.

The final component of the new legislation would give the minister the authority to make it mandatory for visa applicants to provide biometric data, meaning fingerprints and photographs, to visit Canada. Documents can be forged or stolen, whereas biometric data provides greater certainty, confirming the identity of the applicants when they apply.

Biometrics will be an important new tool to help protect the safety and security of Canadians by reducing identity fraud and identity theft. As fraudsters become more sophisticated, biometrics will improve our ability to keep out of Canada violent criminals and those who pose a threat to the country. In short, biometrics will strengthen the integrity of Canada's immigration system, while helping facilitate legitimate travel.

These measures would put us in line with our international partners, such as the United Kingdom, the European Union, Australia, and the United States. They will help prevent violent criminals, terrorists and human smugglers, among others, from using a fake identity to obtain a visa. The use of biometrics would also bolster Canada's existing measures to facilitate legitimate travel by providing a fast and reliable tool for confirming identity.

When asked about Bill C-31, the protecting Canada's immigration system act, this is one of the things the NDP immigration critic had to say:

—I think what we need to do is build a system that has a fast and fair determination process. And that’s something that I’ll give the [Minister] credit for. I do think that’s what his intention has been all along. And we all want to work towards that. We don’t want endless dragging on of this stuff because refugees, when they come here, you know, they do qualify for basic sustenance...it is at the cost of the Canadian taxpayer.

So we do have an interest in making sure there’s a quick determination that’s correct and fair and get these people into our communities, working and being productive taxpaying members of our society if they’re bona fide refugees.

We want a fast, fair system where we can give a sanctuary to people who need it quickly and we can weed out the people who don’t have valid claims, get them through a fair process. And if they’re not valid at the end of the day, deport them out of Canada swiftly.

I agree. That is exactly what Bill C-31 aims to do.

All of these reforms are aimed at deterring abuse of Canada's generous immigration and refugee system. With these proposed measures, the integrity of Canada's immigration programs and the safety and security of Canadians would be protected.

Bill C-31 sends the clear message that if people are in genuine need of Canada's protection, they will receive it. However, if they are abusing our generous refugee system, they will be removed quickly.

It sends a clear message that Canada will not tolerate queue jumpers. Every years, thousands upon thousands of people play by the rules and patiently wait their turn in line. Canadian immigrants want our government to stop the practice of people breaking the rules by abusing our refugee system or paying huge sums of money to despicable criminal smugglers to jump in front of the line.

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.

I urge all members in this House to support this much-needed piece of legislation.

[Jason Kenney, Conservative, Minister of Citizenship]

Mr. Speaker, unfortunately, there were all kinds of factual errors in my colleague's speech. For instance, he criticized the system for being two-tiered. Indeed, we created a two-tiered system in Bill C-11 in the previous Parliament, and the NDP supported that bill. It simply means an expedited system for refugee claimants from a list of designated safe countries, which is a completely legitimate and normal system according to the UN High Commissioner. A similar refugee system is used by nearly all other countries in the democratic world.

His biggest mistake, however, was when he said that the government could designate a country as safe and then take away a refugee's permanent residency 30 years after he or she obtained it. There are no such provisions in Bill C-31. Under the Immigration and Refugee Protection Act, the Immigration and Refugee Board has always had the power to terminate someone's refugee protection and withdraw their permanent residency, for instance, when someone obtained it fraudulently.

Can the member indicate what clause in Bill C-31 gives the minister or the government new powers to withdraw refugees' permanent residency? There is no such clause.

[Sylvain Chicoine, NDP, Châteauguay—Saint-Constant, QC]

Mr. Speaker, I will get right to the point. Bill C-31 is a blot on Canada's reputation. This bill will tarnish our international image as a host country. It will be a major step backward with respect to protecting refugees in Canada. It puts tremendous power in the hands of the Minister of Citizenship, Immigration and Multiculturalism and fails to revamp Canada's refugee determination system. The purpose of this bill is not, as stated, to fight human smuggling or to help asylum seekers by expediting the process. Its true purpose is something else entirely. All it will do is punish refugees.

Bill C-31 is a patchwork of bits and pieces of old bills, including Bill C-4 on human trafficking, Bill C-11, the Balanced Refugee Reform Act, and biometrics.

One of the bills introduced during this Parliament was Bill C-4. That bill received such strong opposition from lawyers and refugee rights organizations that the government dropped it. This bill would allow the minister to designate the arrival of refugees as an irregular arrival. The bill uses the phrase “a group of persons” without really specifying how many persons constitute a group. We presume that two people could indeed constitute a group. These designation criteria are far too vague and disproportionate and leave too much room for legal interpretation. A family fleeing a war-torn country would be a group of persons.

The most despicable proposal in this bill is the one whereby any person designated a “foreign national” will be detained for a maximum period of one year, without review and without any chance of appeal.

Immigration detention centres are already overcrowded. Accordingly, these designated persons will likely be transferred to provincial prisons to live with criminals. Under this bill, a person could be detained for 12 months without review.

According to the bill, a person in detention who receives permanent resident status will not be released since they are not entitled to a review of their case for a period of one year.

The government is not giving any thought to the distress felt by these people who have fled a country in the hope of having a better life. This government is not considering the desolation of these people who are fleeing persecution in their country and who now are being mixed in with the criminal population for a year without review of their case, as I was saying.

These measures go completely against the Canadian Charter of Rights and Freedoms and international law. The Supreme Court ruled in the Charkaoui case that detention under a security certificate is unconstitutional. That means that every person in Canada has the right to appear before a judge within 48 business hours. The Conservative government has no qualms about introducing a bill that is likely unconstitutional.

Under the Supreme Court ruling, detention has to be subject to a timely and regular review to ensure that it continues to be legal. All asylum seekers not arriving in groups, therefore arriving alone, are entitled to this review. Families would be exempt from this review because they constitute a group of two or more people.

Not only can a group be detained for a year, in addition, no exception is made for the individuals in the group, regardless of gender, age or health status. These inhumane provisions are a direct violation of the 1951 Geneva Convention relating to the Status of Refugees. Indeed, this United Nations convention clearly indicates that no host country shall impose sanctions against refugees by reason of their illegal entry if they present themselves without delay to the authorities and give good reason for their illegal entry.

Canada is, in fact, a signatory to this convention.

The measures proposed in the bill are an attempt to discourage refugees from seeking protection in Canada. Not only are these people being detained without the right to appeal their case, but the implacable attitude of this government will end up increasing the number of removals. That goes entirely against the humanitarian values Canada espouses and the Charter of Rights and Freedoms.

Moreover, this bill stipulates that refugees shall be banned from making an application for permanent residence for a five-year period after obtaining refugee status.

Once again, this bill violates the Convention relating to the Status of Refugees by prohibiting any person who has obtained refugee status from traveling outside Canada. The refugee will, therefore, have no travel document. That also violates the Convention relating to the Status of Refugees and the Canadian Charter of Rights and Freedoms.

Furthermore, refugee claimants will not be able to sponsor their families for a period of five years. That means, for example, that a 15-year-old teenager who enters the country illegally will not be able to sponsor his parents for five years. Bearing in mind these constraints alone and the average time it takes to process claims for refugee protection and applications for permanent residence, refugees will be separated from their families for seven years. These measures are discouraging for all refugee claimants.

The minister also reserves the right to designate a country as safe for foreign nationals without even benefiting from the expertise of a committee on human rights. This measure will result in the implementation of stricter deadlines to submit a claim for refugee protection. This will make it difficult to properly prepare an application, which may lead to a refusal.

Moreover, the refugee claimants from the list of countries deemed safe by the minister who have been forced to leave the country will no longer be entitled to file an appeal before the Immigration and Refugee Board. If they are determined to appeal, their only recourse is to seek a judicial review before the Federal Court. Despite this provision, there is a strong likelihood that the claimant will be deported to his country of origin before the court has had time to make a decision. Furthermore, this bill prevents the Refugee Protection Division from reopening files. This clause goes against the principles of natural justice. This bill needlessly takes away a jurisdiction that has always existed.

Another clause is being added to the long list of barriers to claims for asylum. Once again, this clause gives another discretionary power to the minister that allows him to detain any individual who is suspected of a crime. There is no guideline for the principle of suspicion. However, it does not stop there, because the bill specifies that it is possible to turn down any claim if a person has committed an offence, even if it is a trivial offence. Let us take the example of a person who, in his own country, refused to obey an order from the dictatorial government and dared to express his opinion publicly, and finds himself with a criminal record because of it. Canada would refuse his claim because of this offence, without even considering the cases of persecution for which that government is responsible.

This Conservative government is going even further in its indifference to the suffering of thousands of people who are fleeing persecution. In granting permanent resident status to refugees, Canada is offering them safety to settle in our country and quietly begin their lives over again. However, the Conservatives, with their misguided thinking, want to grant permanent resident status on a conditional basis. This bill would allow an application for permanent resident status to be suspended when the country of origin is on the list of countries considered safe and stable, countries that are put on the list by virtue of the minister's discretionary power.

That is not all. This clause is retroactive, which means that thousands of permanent residents will have to leave their new country and new life in Canada. Take the example of someone who left his country because of political persecution 30 years ago. When he arrived in Canada, he asked for asylum and we granted him permanent resident status. He began a family here, but 30 years later the government tells him that his country is safe and he can go back.

Bill C-31 is underhanded; it goes even further. The Conservatives also want to demand biometric data from applicants for a visitor visa, a student visa or a working visa. Biometrics has a reputation as a technology that gives considerable power to states for keeping an eye on people. Bill C-31 put forward by the Conservatives is a huge reversal in immigration policy and is aimed solely at refugees and asylum seekers, to their detriment. The Minister of Citizenship, Immigration and Multiculturalism is giving himself the right to make criminals of certain refugees and throw them in jail, without review of their files, for a period of one year.

The Conservative government is now interfering with the right of every person to defend himself. I believe that this bill is discriminatory and that it sets up a two-tier system for refugee protection.

[Alain Giguère, NDP, Marc-Aurèle-Fortin, QC]

Mr. Speaker, my distinguished colleague is right to want to address the abuses present in the Immigration and Refugee Protection Act. That is a fundamental role of government. It is our duty to protect Canada from abuse.

The problem with this bill is that it throws the baby out with the bathwater. Historically, Canada has always welcomed refugees. During the time of slavery in the United States, there was an organization in Canada called the underground railroad. Small Christian communities knowingly and voluntarily agreed to break the law to help people escape slavery.

People like Diefenbaker, the Canadian Prime Minister who condemned apartheid in South Africa, would have been on our side. Diefenbaker would have condemned a bill that prevents us from helping people. That is the problem. Under Bill C-31, people working to save slaves would have been considered—

[Robert Sopuck, Conservative, Dauphin—Swan River—Marquette, MB]

Unfortunately, Mr. Speaker, my friend's premise is completely false. As the minister has stated, the old Balanced Refugee Reform Act was a good start and included much need reforms. However, our government has always been clear that refugee reform is not a static issue.

Under Bill C-31, the factors that would lead a country to be designated would be clearly outlined in both law and regulations. The most important factors are objective and quantitative and refer to the actual acceptance rates from a given country. Under Bill C-31, the decisions would be rendered by an independent immigration and refugee board, not the minister.

[Alexandrine Latendresse, NDP, Louis-Saint-Laurent, QC]

Mr. Speaker, I would first like to thank the hon. member for Dauphin—Swan River—Marquette for his speech, because I know he really cares about this issue and he wants to work in the best interest of everyone. However, I wonder if he could clarify a few points about the bill that remain controversial, even among the people of my riding who have shared their concerns about this bill with me.

In a previous version of the bill, all the parties had agreed that the power to designate safe countries should lie with a group of specialists that should include human rights experts. With the new Bill C-31, the Minister of Citizenship, Immigration and Multiculturalism has carte blanche to designate those countries.

Why concentrate so much power in the hands of just one minister instead of relying on a group of people who have the expertise needed to make these decisions?

[Robert Sopuck, Conservative, Dauphin—Swan River—Marquette, MB]

Mr. Speaker, I am pleased to rise in this House today to speak in support of this important legislation, Bill C-31, the protecting Canada's immigration system act.

Some of my hon. colleagues who have already spoken have stressed our solemn duty as legislators to help ensure the integrity of our immigration system. I could not agree more with that sentiment. Canada's immigration system is internationally renowned and we would not have a country today if it were not for the generations of newcomers we have welcomed to our shores.

In fact, our Conservative government has welcomed the highest sustained average of immigration in Canadian history, a remarkable achievement. I have no doubt that a number of my hon. colleagues who are sitting in this House right now and participating in this very debate were, at one point in their lives, newcomers to Canada or their parents and grandparents were. In my case, my parents were born in eastern Europe, so I lived the life of an immigrant family and I know full well the promise of this country.

Immigrants come to create a new life for themselves and for their descendants, and to help build our great nation. They certainly have done so. Newcomers and those family members of many others here in the House today helped contribute to the richness and diversity of our country and to make it the free and prosperous society it is today.

So it goes without saying that protecting Canada's immigration system is extremely important and it falls upon every hon. member of this House to ensure that we enact laws that protect and ensure the strength of that system. I believe that the measures in Bill C-31, once enacted, will do exactly that, so I am very happy to support the legislation.

Some of my hon. colleagues have spoken already about the measures in this legislation that would help carry out long needed reforms to the refugee system. Others have spoken about measures in Bill C-31 that would help crack down on human smugglers who may try to abuse Canada's generous immigration system.

In the time I have today, I will focus my remarks on the third important piece of the protecting Canada's immigration system act, namely, those measures in this legislation that would enable the introduction of biometric technology for screening temporary resident applicants.

Establishing the identity of foreign nationals who seek to enter Canada is a fundamental part of both visa assessment and border processing. Better identity management and the use of biometrics are crucial to keeping Canada's borders secure and strengthening the integrity of our immigration program. The bill we are debating today would provide the government with the authority to collect biometric data from visa applicants. All hon. members in this House should welcome this historic development.

Under the existing system, visa applicants only need to initially provide written documents to support their application, documents that can be easily forged or stolen. However, biometrics, photographs and fingerprints would provide greater certainty in identifying travellers than documents.

Biometrics will be an important new tool to help protect the safety and security of Canadians by reducing identity fraud and identity theft. As fraudsters and criminals become more sophisticated, biometrics will improve our ability to keep out violent criminals, terrorists and others who pose a risk to Canada.

The introduction of biometrics as an identity management tool in our immigration and border control system is both long planned and long overdue, and more and more is becoming the international norm. Many governments around the world have already introduced biometric collection in their immigration programs. These include the United Kingdom, Australia, the United States, New Zealand, Japan, the European Union, South Korea, the United Arab Emirates, Indonesia and Malaysia. Therefore, what we are proposing as a government is hardly new. Because it is becoming so common in international travel, many visa applicants to Canada will already be familiar with this process.

The legislation under consideration today and the regulations that would follow would allow government to make it mandatory for prescribed travellers, students and workers from visa required counties and territories to have their photographs and fingerprints taken as part of their temporary resident visa, study permit and work permit applications. This would be collected before the applicant arrives in Canada and it would be collected again when someone enters the country to ensure that the person the visa was issued to is the person who appears at the port of entry.

Unfortunately, there are countless examples in the media, on an almost daily basis, of serious criminals, human smugglers, suspected terrorists and war criminals, among others, who have entered Canada, sometimes multiple times. The use of biometrics will help prevent violent criminals and terrorists, among others, from using a false identity to obtain a Canadian visa.

Criminals, like Anthony Hakim Saunders, who was convicted of assault and drug trafficking, was deported but returned to Canada, incredibly, on 10 separate occasions. Kevin Michael Sawyers, who was convicted of manslaughter, managed to return to Canada on multiple occasions. There are even examples of criminals re-entering Canada using false identities and documents up to 15, 19 and 21 different occasions. These are real and specific examples. This simply must stop.

Biometrics will help our government end this fraud and abuse. It will greatly help our front line visa and border officers manage high volumes of immigration applicants and the growing sophistication in identity fraud. While it is easy to see how using biometrics will help our own officials make decisions about visa applications, it is also important to consider how their use may provide benefits to the applicants themselves.

In the long run, the use of biometrics will actually facilitate entry to Canada by providing a reliable tool to readily confirm the identity of applicants. For instance, in cases where the authenticity of documents is uncertain, biometrics could expedite decision-making at Canadian points of entry. The time spent at secondary inspections could be reduced, and sometimes dramatically. Using biometrics could also protect visa applicants by making it more difficult for others to forge, steal or use an applicant's identity to gain access to Canada.

Canada will remain a destination of choice for visitors from around the world and, in the long run, the use of biometrics will facilitate entry to Canada by providing a reliable tool to readily confirm the identities of applicants. Again, it is one of the long list of measures our government is taking to make government more streamlined, efficient and cost effective.

For me, biometrics is simply a no-brainer. Unfortunately, the opposition NDP and Liberal members are voting against Bill C-31 and the ability of the government to collect biometric data. They do not support the government having one of the most important and basic tools available to protect the safety and security of all Canadians, including their constituents. Of course, we know that many members opposite did not campaign much in the last election campaign but I would recommend that they get to know their constituents. It would be most helpful in this particular case.

A tool that would help the government prevent the entry of violent criminals and terrorists into the country, the biometrics tool, is very important. Not only do the opposition NDP and Liberal members oppose the authority for the government to use biometrics, they also voted against the funding required to implement biometrics. The use of biometrics is increasingly becoming an international norm and, by passing Bill C-31, the protecting Canada's immigration system act, we will be ensuring that Canada keeps up with many other countries.

Biometrics will strengthen the integrity of Canada's immigration system and help protect the safety and security of Canadians, while helping facilitate legitimate travel. This legislation would strengthen and maintain the integrity of an immigration system that has helped make our country great and would make our country even greater.

I urge all of my colleagues to join me in supporting this much needed legislation.

The House resumed 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.

[Mylène Freeman, NDP, Argenteuil—Papineau—Mirabel, QC]

Mr. Speaker, I am deeply saddened that Canadians must once again rise up to oppose a morally despicable bill. This omnibus bill quite simply stands for the opposite of a Canada that is open to the world. I would like to remind the House that the people who will be treated like criminals after this bill is passed are refugees, and thus people who are already victims. They are women and children, victims of torture, abuse and rape. They are the victims of the most abject poverty.

A few months ago in the House, I spoke out against Bill C-4, which has now been incorporated into Bill C-31. This bill uses an outdated refugee system and makes the situation much worse. There are already 450 immigrants with no status imprisoned in Canada. No charges have been laid against them, and they have no idea when they will be released or whether they will be deported. The detention centres where they are being held are prisons. These institutions are holding people captive against their will.

Canada is already guilty of imprisoning children who are seeking asylum. We are imprisoning people who have not been accused of any crime without giving them access to a lawyer. We are systematically imprisoning people who are traumatized by political conflicts, abuse and extreme poverty. The excessive use of detention centres to imprison asylum seekers is a disgrace to our country's integrity, and the bill being debated here only makes matters worse.

There are a number of problems. First, Bill C-31 indicates that anyone who is arbitrarily deemed to be a designated claimant at the whim of the minister will automatically be detained and will not have his file reviewed for a full year. I must remind the hon. members that this is unacceptable. We should not be imprisoning asylum seekers.

Bill C-31 gives the Minister of Immigration excessive and abusive power. This bill gives the minister the absolute power to designate a refugee claimant as irregular thereby taking away his liberty and mobility and even compromising his safety. The minister can destroy lives without any control mechanisms or checks and balances.

The minister alone will decide which countries refugees can come from and which ones they cannot come from. Categorizing countries like that is absurd. Knowing the state of the country is not enough. That is just one factor. A person's characteristics can make a normally safe country very dangerous for that person. A person who is lesbian, gay or transgender can be subjected to systemic discrimination and persecution even in a country that the minister considers safe.

I fear for such people from countries that the minister designates as safe. Furthermore, there is no way to ensure that a country will not be designated safe for purely political reasons. Refugees from Mexico, for example, are rarely granted refugee status in Canada because, for reasons of international relations, the government does not want to admit that Mexico can be very dangerous.

Mexico is becoming more and more dangerous for many people. Earlier this year, one of my constituents came to my office with his family. He was about to be deported after having lived and worked in Canada for eight years. He had not committed any crime. He was about to be deported and would be facing an extremely dangerous situation upon returning to his country of origin. He feared for his life. Because the process is not very transparent, we do not know if he was deported for a specific reason or simply because the minister decided that refugees from Mexico are not legitimate.

Such excessive power with no accountability should not be given to a single institution, let alone a single man. That is why an independent organization made up of non-partisan experts should be in charge of such decisions, which should never be left up to the immigration minister.

I want to close my speech by focusing on how this bill will, in particular, victimize refugee women. I have consulted with the Ending Violence Association, which along with MOSAIC and Multicultural Family Support Services, has recently completed a fulsome study on the safety of immigrant refugee and non-status women in Canada.

The Ending Violence Association is facing a major crisis. Immigrant and refugee claimant women who are experiencing abuse and violence cannot leave the situation of abuse if they are dependent on their husband who is the principal refugee claimant. They will immediately lose their status if they leave him. He could categorically withdraw his sponsorship and she would be deported. Especially if there are children involved in the situation, it is plain to see how Canada's immigration and refugee laws are currently facilitating and perpetuating violence.

We must take account of these women and children through our laws. To not address this systemic problem is in my opinion criminally negligent. When I explained to the representative from the Ending Violence Association some of the new laws that would likely be passed by the government, her face went white with fear.

In general, we can see how each and every point in this omnibus bill will make the lives of abused refugee and non-status women worse. They will have more fear and less legal protection, less access to health care and less access to services. They will have the threat of imprisonment and deportation hanging precariously over their heads and those of their children.

The bill would make it impossible to women to apply for humanitarian and compassionate appeals unless she did so upon her point of arrival. This makes no sense if she is living in a situation of domestic abuse.

I cannot see how this legislation will improve our immigration and refugee laws when every clause inspires fear in me and those who work every day protecting and advocating for refugees who are surely one of the most vulnerable populations in Canada.

I urge the House to scrap the bill entirely, since many of its provisions are entirely contrary to our Constitution and to the UN convention relating to the status of refugees.

[Mike Wallace, Conservative, Burlington, ON]

Mr. Speaker, as members have experienced, even the member for Malpeque, unless he is talking to himself as usual, refugee claimants come into our offices. Some of them have been in Canada for three, four, five years. This legislation would help to remove the backlog so their cases could be heard on a timely basis. Legitimate refugees could have their cases heard, the decisions made and their families could move forward with their lives.

That is not happening under the current system. The change proposed in Bill C-31 will speed up that process to make sure that those legitimate refugees who come into our offices on a weekly basis get their cases heard and become Canadians as soon as possible.

[Mike Wallace, Conservative, Burlington, ON]

Mr. Speaker, it is my pleasure to speak to Bill C-31, the protecting Canada's immigration system act.

Canada's refugee system is among the most generous in the world. In fact, Canada currently welcomes one out of every ten resettled refugees worldwide. Our humanitarian efforts have been recognized by the United Nations.

Since World War II, Canada has provided a safe haven for over one million refugees. As a Canadian, I am proud of this compassionate tradition of ours. There should be no doubt that Canada's government is committed to continuing this proud tradition. By 2013, Canada will resettle up to 14,500 refugees, an increase of 2,500 refugees compared to 2010.

In introducing Bill C-31, our rationale is simple. By focusing the resources of our system and providing protection to those who genuinely need it, we will improve our ability to help those in need. The Balanced Refugee Reform Act, which was passed in June 2010, made some important reforms, but the fact is that gaps remain in the new system.

For one, the asylum system is already overwhelmed by a significant backlog of cases. The growing number of bogus claims from European Union democracies is only exacerbating the problem.

The facts speak for themselves and are strong proof of the need for Bill C-31. It is very telling that the opposition in its criticism does not refute any of these facts, but instead chooses to conveniently ignore them.

Last year Canada received 5,800 refugee claims from the European Union. This amounted to a quarter of all refugee claims made last year. That is more than from Africa and Asia. Canada's top source country for refugee claims was Hungary, an EU member state. In fact, Canada received 4,400 claims from Hungary alone last year, double the amount received the year before.

Virtually all claims from the European Union in the past two years were abandoned, withdrawn or rejected by the independent Immigration and Refugee Board of Canada. It has become quite apparent that too many of our tax dollars are being spent on people who do not need our protection. These bogus refugee claims from the EU are costing Canadian taxpayers $170 million per year.

Building on the Balanced Refugee Reform Act, the passage of Bill C-31 would save taxpayers a whopping $1.65 billion over the next five years. I think Canadians would agree that this money could be better spent elsewhere rather than on failed refugee claimants who abuse our refugee system and use it as a backdoor into our country. This is precisely what is being done right now under the current system. We are using taxpayer dollars to support people who should not be here in the first place.

Indeed, the average failed refugee claim currently costs taxpayers approximately $55,000. That is because the current system is far too slow. On average, it can take up to 4.5 years from the time an initial claim is made until a failed claimant is removed from Canada. During this time, claimants can access taxpayer funded health care and receive taxpayer funded social assistance for several years while their claim is still pending. Endless appeals and long wait times mean greater costs to Canadian taxpayers.

These bogus refugee claims are bogging down the system. This is negatively impacting genuine refugees who are in need of Canada's protection. People in genuine need of our protection now wait up to 20 months for a decision on their claim. This is unfair to genuine claimants. As a result, our message to genuine claimants who are waiting patiently in line is that we are sorry it is taking so long.

This just is not fair. It is an abuse of our country's generosity. It robs genuine claimants of their ability to get protection quickly. It deprives them of the peace of mind they and their families deserve.

The NDP and the Liberals, by not supporting Bill C-31, are telling immigrants who patiently waited in line that the opposition supports queue-jumping and those who break the rules to get to the front of the line. The opposition is on the wrong side of Canadians, especially Canadian immigrants who followed all the rules.

Given these problems with the current refugee system, it should be obvious to any Canadian that further improvements are needed.

Bill C-31 would not only improve upon the current refugee system and the Balanced Refugee Reform Act, it would also make it faster for genuine refugees to get our protection.

The success of the new system hinges on our ability to speed up the current processing times for refugee claims. This is essential because the less time claimants spend in Canada awaiting a decision, the less incentive there is for people to abuse our generous asylum system and to queue-jump the regular immigration process. Also, speeding up the current processing time for refugee claims means genuine refugees will get our protection more quickly.

Hearings at the Immigration and Refugee Board for claimants from safe countries would occur within 30 to 45 days. In comparison, under the current system it takes an astounding average of 1,000 days to process a refugee claim.

I want to make one important point very clear. Every eligible claim will continue to be heard by the independent Immigration and Refugee Board. In addition, every failed claimant will have access to at least one recourse mechanism, such as the refugee appeal division or the Federal Court.

These new processing timelines not only mean people who are in genuine need of Canada's protection will receive it more quickly, they also mean we can more quickly remove those who do not.

This is what was written in the Globe and Mail about Bill C-31:

The immigration minister's...refugee reforms, aimed at making the process more efficient and decisive, are generally good. If implemented, they will improve the unwieldy asylum program....The legislation rightly focuses on weeding out claimants who are not genuine, and stemming the flow of asylum seekers from countries such as Mexico and Hungary that are democracies with respect for basic rights and freedoms....Fast-tracking refugee claims from these countries, and ensuring failed claimants are promptly deported, is an excellent way to ensure Canada does not become a magnet for abuse.

The spike in unfounded claims from democracies where human and democratic rights exist and which are not typically refugee producing is proof that we must act decisively to deter abuse of our refugee system.

Quick removals would deter abuse and contribute to reducing the overall costs associated with these bogus refugee claims.

We need to send the right message to both types of refugee claimants: the genuine and the unfounded. Those who truly need our help will get it even faster, but if someone is not in need of protection, that individual will be sent home quickly.

These proposed measures will continue to meet our domestic and international obligations. They will also maintain the balance and fairness that are the foundations of our refugee system. I am confident that they will honour the spirit and support for refugees that Canadians value.

I urge all members of the House to support this important legislation and help to provide a quicker and more secure beginning here in Canada for victims of violence and persecution around the world.

[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.

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.

[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, 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.

[Jason Kenney, Conservative, Minister of Citizenship]

Mr. Speaker, the member portrayed a fundamental misunderstanding of the legislation when he said that the bill concentrates, in the hands of the minister, the power to decide who may or may not make asylum claims in Canada.

That is patently and completely incorrect. The bill would do no such thing. All claimants from all countries, whether designated by the minister or not, whether they have arrived in a designated smuggling operation or not, would have the same access to an oral hearing at the IRB on the merits of their claim. No one would be denied access at the discretion of the minister or on the basis of their country of origin.

Safe country claimants and claimants determined to be manifestly unfounded would have an accelerated process, which the Liberals and the NDP already agreed to in the last Parliament in Bill C-11. What Bill C-31 changes is that it removes access to the refugee appeal division for safe country claimants. However, under the Liberals, for 13 years they refused to give any failed asylum claimants access to a refugee appeal division.

Why is the member opposed to a bill that gives the vast majority of failed claimants access to a fact-based appeal when his government, in which he was a minister, refused to give any failed refugee claimants access to a fact-based appeal?

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

Okay, thank you.

It's not just the Sikh faith, it's the Islamic faith. Even in my constituency I've had it with Hindu priests, as well as pandits, coming and having problems getting a second visitor visa, or for many, even the first.

Changing gears, though, to the topic of detention, we've had multiple witnesses once again talk about detentions—and I could direct this to all of our witnesses—and the problems that detention poses for the immigrants themselves, whether it's temporary or permanent. The government's recently pushing through a bill, Bill C-31, which proposes mandatory detention for all of those who arrive to our country “irregularly”—what they call in an irregular fashion. What are your opinions on this?

[Wayne Easter, Liberal, Malpeque, PE]

The minister claims that is wrong. He will have the opportunity to stand and explain that. Certainly our interpretation of the bill is that is the case. Giving this particular minister all this power is indeed worrisome.

Allowing the minister to determine which groups were irregular arrivals would give the minister too much discretionary power with very little accountability.

I asked the previous member from the Conservative Party who would outline the safeguards. I really did not hear any safeguards that would amount to a whole lot.

The removal of an appeal process for those originating from a country on the safe list or from those identified as being part of an irregular arrival would not afford due process. We all know that due process is extremely important. We do not see due process in this section of the bill.

Our party is opposed to the lengthy, warrantless detentions coupled with an unfair review process where the first review would only occur after 12 months. The policies proposed really constitute cruel and unusual punishment. There should be balance in this kind of legislation. There does not seem to be balance or fairness in the act in terms of how the bill would affect people's lives. They come here, maybe abused by others in other countries and other systems. We need to protect those individuals. They come here with dreams and could find them so much dashed.

We do believe in reforming the system so that processing times are fair and reasonable for refugees. We do not think the bill does that to the extent that it should. As I outlined at the beginning, the amount of authority given to the minister is beyond.

The legislative proposal of the bill has quite a number of impacts. It would allow the minister to create a safe list of countries identified as being designated countries of origin. Claimants from those designated countries of origin would be subject to specific guidelines, including expedited application processing and denial of access to the refugee appeal division.

It would allow the minister to determine who was part of an irregular arrival, and therefore a designated foreign national. Designated foreign nationals would not have access to the refugee appeals division.

The bill would include all the proposed changes that, if members will recall, were in Bill C-4. However in Bill C-31, minors, those under the age of 16, would be excluded from the mandatory detention. On that we would have to say congratulations for that slight change.

Biometric data would be required from temporary resident visa applications or those applying for a study or work permit.

Refugees would be at risk of losing protection status. Changes would be made through the bill to prohibit individuals from applying for humanitarian and compassionate consideration while awaiting an IRB decision. Failed refugee claimants would not be able to apply for a year following negative refugee decisions. Those are the kinds of impacts that we see in the bill.

As a party, we cannot support the bill. In addition to the humanitarian and constitutional issues raised by the bill, key points which we oppose include the following: the ability of the Minister of Public Safety to unilaterally determine which groups would be irregular arrivals and, as I said, that would give undue power to the minister; and the ability of the minister to unilaterally determine which countries would belong on the safe list and would be designated countries of origin.

Again, what would be the absolute criteria in terms of making those decisions? Maybe the minister, if he does get up, could explain that further. There have to be more criteria than what we see in the bill currently, so that there would not be just political considerations on the part of the minister to make these decisions.

Another point is the lengthy mandatory detentions related to those deemed designated foreign nationals and the lack of a timely review process.

On this, Canadians are concerned, and rightly so. I would say that the government is correct in saying that there are concerns out there. When there are people who enter the country improperly, it does take too long to get decisions made for many in the refugee process. If people have to be removed from the country, it is a long and burdensome process.

Canadians are dissatisfied with that. It needs to be addressed through legislation. It has to be done in a way that is fair and balanced, and includes due process. We are concerned that at the moment it does not.

The last point I would make is that we are concerned about the removal of the appeal process of designated foreign nationals and individuals from designated countries of origin.

[Wayne Easter, Liberal, Malpeque, PE]

Mr. Speaker, I am pleased to speak 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. As we can tell by the title, it covers quite a broad range.

We, as a party, have quite a number of concerns with the bill. First and foremost is what seems to be the amount of power granted to the minister. As previous speakers talked about, the bill does bring some accountability. However, we have seen the government in other venues talk about bringing in more progressive legislation, for instance its accountability act. Yet, ever since the Conservatives formed the government we have seen anything but accountability. In fact, the debate on this bill is a prime example, as there are time limitations again.

What we have seen from the government is less debate, more closure, less transparency and less openness. We certainly cannot go by what the Conservatives have promised in previous elections. If the Minister of Citizenship, Immigration and Multiculturalism were the sole decision-maker of safe countries of origin, there would be no accountability from our perspective and no recourse. It would dangerously politicize the refugee system. This would be all about giving one person in the country the power to choose who can claim refugee status and who cannot.

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

Mr. Speaker, there is no question that those who are legitimate refugees would have the opportunity to establish their cases and, to the extent that they are able, they would receive the appropriate status. As the system was, people could apply by any means. They could jump the queue and go through a number of processes to stay in the country. They could apply for humanitarian and compassionate leave under a number of circumstances, after having settled. In fact, some cases take four and a half years or longer to settle. By that time they could have married, had children and built a case for humanitarian and compassionate grounds.

The provision in Bill C-31, as I understand it, would allow for an application for humanitarian and compassionate grounds, but not under a number of conditions and after a number of years. A claimant could apply once and either be successful or not. If they made an application before the board, the board would make the appropriate determination.

What I like about the bill is it would start to focus the time in a narrow window so that cases would be disposed of fairly quickly, instead of taking a number of years.

[Libby Davies, NDP, Vancouver East, BC]

Mr. Speaker, Bill C-31 reminds me of what governments have done over the years to people on welfare: scapegoat the target, demonize people, design the system to basically take away people's rights, and focus on a minority of cases to whip up public frenzy. That is exactly what this bill is doing around refugees.

One section of the bill that I am very concerned about is the humanitarian and compassionate consideration. I do a lot of casework in my riding, as I know others do as well. The bill would require that a person choose at the beginning whether to file for refugee status or an H and C consideration. That would be devastating for someone who is making a claim. An individual may not know at the time about an H and C application.

How on earth can the member defend limiting the H and C consideration? All of us know that for many people, at the end of the day, that is all they have left. To take that away seems to me to be quite disgusting, very unfair and very harmful.

The House resumed 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.

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

Mr. Speaker, I am pleased to add my voice in support of Bill C-31, the protecting Canada's immigration system act. The bill would protect the integrity of the system. We cannot allow abuses of the system to undermine trust in Canada's immigration system.

As we have heard, Bill C-31 would do three things. First, it would make further much needed reform to the asylum system. Second, it would enable the introduction of biometric technology for screening visa applicants in order to strengthen our immigration program. Third, and the area I will focus on, there are measures that would help crack down on the growing and dangerous business of human smuggling.

I do not think it comes as a surprise to any hon. member of the House that our government is pushing ahead with reforming our immigration and refugee laws to put an end to human smuggling.

Canada enjoys a global reputation as a nation that cherishes fundamental freedoms, that champions democracy and freedom of speech, and that believes strongly in the benefits and opportunities that come from a diverse, multicultural society. That is not disputed.

Most Canadians, and I include myself in that category, have a chapter in their family history that includes immigration and resettlement. For some it was added recently; for others that chapter was written three or four generations ago. There are countless individuals and families around the world who want to add that same chapter to their family history by coming to Canada. Canada is a destination highly desired by many.

The unfortunate reality is that there are individuals and criminal organizations that see our generous immigration system as an easy target to make a high profit with low risks. These criminal elements use Canada's reputation to conjure up their own outlandish stories of how refugees can bypass the proper channels by paying a set fee and arriving en masse. Human smugglers convince these individuals that they will be processed quicker and will be able to start a new chapter of their lives sooner than if they apply to come to Canada by other methods. We have seen strong evidence of this with recent events on Canada's shores.

Until recently, most Canadians believed that any large-scale human smuggling was something that did not happen here, that it was something they would read about in the papers or hear about on the news from other countries.

That changed in 2009 when Canadians witnessed the arrival on the west coast of the MV Ocean Lady which carried 76 migrants. Less than a year later close to 500 migrants arrived on a second vessel, the MV Sun Sea. Shortly after that, a sea container was uncovered at the port of Montreal revealing yet more individuals who had tried to enter Canada illegally.

Canadians are becoming very much aware of this problem. It is a reality that must be faced. They want the government to act, and the government has acted.

I have heard from my constituents, and like all Canadians they have told me that they want our government to act decisively to crack down on those who would endanger the lives of men, women and children by selling them false dreams and transporting them in unsafe vessels or shipping crates. This disregard for human life is an affront to all Canadians.

We must therefore act before another tragedy strikes, such as the one that occurred off the coast of Indonesia last December when close to 200 irregular migrants destined for Australia perished when their vessel capsized in rough waters.

We cannot rest on our laurels and wait for the next incident. That is why our government introduced legislation in October 2010 to crack down on human smuggling. That is why the 2011 Speech from the Throne underscored this government's commitment to combat human smuggling, which can place migrants in dangerous situations and undermine trust in Canada's immigration system.

Today we are proud to see these changes included in Bill C-31, which encompasses some important reforms that would strengthen our immigration and refugee system. These changes would help us to meet the challenges associated with human smuggling while continuing to provide protection to those who require it most.

With this legislation we are delivering on our commitment to Canadians to combat human smuggling, a crime that undermines trust in Canada's immigration system.

First and foremost, the proposed reforms would allow Canada to crack down on human smugglers who would abuse our generous immigration system and endanger the safety and security of Canadians. It also proposes measures that would act as a deterrent for those who are planning and organizing human smuggling operations. Those who plan human smuggling and think it is low risk would now have to reconsider given the measures that would be implemented in this bill.

First, these measures would enable the Minister of Public Safety to designate the arrival of a group of persons as an irregular arrival, thereby making those involved subject to the act's measures. Canadians expect as much. Canadians demand that the government take action along those lines and perhaps even to a greater extent. I would add, though, that there are safeguards in place that would ensure the minister cannot delegate this authority given the significant consequences that flow from a designation.

Second, it would make it easier to prosecute human smugglers, including broadening the definition of the offence of human smuggling to better capture all the ways this crime occurs and make it easier to prove the offence was committed.

Third, it would impose mandatory minimum prison sentences on convicted human smugglers.

The sentence length would escalate based on factors such as if the offence was committed for profit or in association with a terrorist or criminal organization. I do not think anyone would disagree that is a significant consideration and should factor into the sentencing or the consequences. Another factor would be if the person who committed the offence endangered lives, caused bodily harm or death to any of the persons smuggled. The persons being smuggled undergo an extreme amount of suffering and are in danger. People are putting them in that position simply from the motive of profit. Those considerations need to be taken into account in the sentencing provisions.

Some may question the need for such mandatory penalties given the offence can already be punished by life imprisonment. Our government believes strongly that the most harmful manifestations of this crime must be clearly denounced. Our proposed mandatory minimums would do this. Not only would this denounce these types of actions but I believe it would also deter these types of actions. It is important to note, however, that these would only apply in situations where aggravating factors can be proven, factors which reflect the most harmful, serious and reprehensible aspects of this crime.

Fourth, the bill proposes measures that would hold shipowners and operators to account for the use of their ships in human smuggling operations. It is important that liability and accountability be placed on those who allow their assets to be used in this fashion.

In addition to these deterrent measures, the bill includes other measures required for the proper identification and investigation of those wishing to enter Canada as part of an irregular arrival. This includes establishing the mandatory detention of participants in designated human smuggling events to allow for the proper and full determination of identity and admissibility and any other investigations. It is in this last point that we will see wording changes in the legislation to expressly exclude designated foreign nationals under the age of 16 years.

Bill C-31 includes other reforms to help reduce the attraction of coming to Canada by way of illegal human smuggling operations. For example, it includes measures to prevent those who come to Canada as part of an irregular arrival, including those who subsequently obtain refugee status, from applying for permanent resident status for a period of five years. It also includes measures to enhance the opportunity to rescind the refugee status of those who return to their country of origin for a vacation or demonstrate in other ways that they are not truly in need of Canada's protection. Finally, it would prevent individuals who participate in designated human smuggling events from sponsoring family members for a period of five years.

Our government believes that these actions are tough but fair. More than ever before, Canada must take a strong stand with our international partners and allies to help end the illegal practice of human smuggling.

I would urge all members to support this bill and ensure its swift passage.

[Jason Kenney, Conservative, Minister of Citizenship]

Mr. Speaker, on the latter point raised by the member for Malpeque, there is no politicization proposed. There is nothing dangerous proposed. No access to our asylum system would be restricted by the bill at all. Every asylum claimant from every country, regardless of the means of their arrival, whether it is a smuggling operation or not, would have the same access to a full fact-based appeal on the merits of their case before the quasi-judicial Immigration and Refugee Board. We would not refoule anyone who has been deemed by our legal system to face danger.There is nothing arbitrary about the designation process of certain countries. I refer the member to section 58 of Bill C-31, which is a page and a half of criteria by which the designation process would be conducted.

Does the member not agree with me?

[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.

[Francis Scarpaleggia, Liberal, Lac-Saint-Louis, QC]

I'm sorry, I'm not a lawyer, but how does this relate to vexatious complaints? Are you suggesting or is someone suggesting that rather than having the supervisor or even the commissioner make the decision, some kind of external review body would either make the decision or review the decision? I agree with you, it's not practical to go to the court. There aren't the resources for the inmate to do that, and so on.

Can you envisage some kind of system where even before it would get to the commissioner a committee would look at it, with a chance of reversing the supervisor's decision?

I suppose there's a problem there, because if a supervisor is overridden too many times, his or her authority is diminished within the institution. And no doubt these are institutions that have a component, necessarily, based on authority and so on.

I'm concerned about two things. One, there's no real appeal mechanism other than going to Federal Court. In that regard it's like Bill C-31, which is an immigration bill, which I won't get into. There's always that way: you can go to court. But it's not practical necessarily.

The second question I have is let's say someone is vexatious, truly vexatious, is complaining non-stop about something or other and is labelled a vexatious complainant. All of a sudden maybe the guard now knows that this person is vulnerable because he or she can't really complain as easily any more. So they get into some kind of rivalry, where now the person who was labelled a vexatious complainant for good reason is actually the subject of some kind of recrimination or has a legitimate complaint.

Under the bill, as I understand it, the person can still make a complaint, but the evidentiary standard is higher. What does this mean, that the evidentiary standard is higher? If somebody says the guard is not letting him or her out on time to go to the prison yard, how do you prove that? What does it mean? What kind of additional proof would be required? This is all undefined.

I don't know if you would like to comment on that.

[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?

[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.

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

Mr. Speaker, I would like to thank my NDP colleagues for expressing their points of view on immigration and the shortcomings of Bill C-31 so brilliantly.

I agree with my colleagues and I have reservations about this bill, which should be reviewed and amended. There is no doubt that in a world as globalized and complex as the one we live in, the Canadian government must always make it a priority to protect Canadians and keep them safe. However, the approach proposed by the Conservatives clashes with Canadian values and fails to achieve the primary goal, which is to protect our borders while remaining a welcoming and attractive country for immigrants.

I would like my colleagues on the other side to justify the glaring deficiencies in this bill to the House. First of all, one of the clauses in the bill concentrates too much power in the hands of the immigration minister by allowing him to decide which countries will be designated as safe countries of origin, which will reduce the number of refugees coming from these countries. An elected official, by himself, cannot replace an impartial expert panel. In addition to handing over too much power to the minister, this type of procedure leaves the door wide open to partisanship that is directly associated with our country's foreign policy objectives.

The NDP believes that immigration and support for refugees cannot be manipulated in this way merely to serve the country's economic interests. A sound immigration policy should promote Canada's economic development, but it cannot ostracize refugees who are seeking asylum in Canada without violating our international obligations. How can this government claim that only the minister has the expertise and holds the truth in immigration law in Canada?

Another very important point concerns the status of thousands of permanent residents. The bill would make it easier to cancel the claim for refugee protection if the circumstances were to change in the refugee's country of origin, even if he or she had become a permanent resident of Canada.

What this really means is that the new Conservative bill might result in thousands of refugees with permanent resident status having that status withdrawn and being expelled from Canada. We know that under the current legislation Canada's protection may already be withdrawn if, for instance, calm has been restored in the refugees’ country of origin and they can live there in safety, or if they obtain citizenship in another safe country. However, once they had obtained permanent resident status, these nationals were guaranteed the right of residence and could keep their status unless they committed a serious crime or fraud in order to obtain permanent resident status.

Why should we toughen up the existing legislation if it is only to frighten immigrants who are trying to rebuild their lives in Canada and who will have this provision hanging over them like the sword of Damocles?

This type of provision will undoubtedly prove to be counterproductive because future immigrants, most of whom are skilled and interested in contributing to Canada's economic prosperity, will instead choose other countries where their lives will be less constrained and more stable in the long term. Furthermore, the fact that this government is not required to strictly apply this law makes too much room for vague and ill-defined powers and uncertainty as to how the law will be applied.

In this regard, I will quote Le Devoir:

An average of 25,000 refugees a year have obtained permanent resident status over the past five years. The number last year was 24,700. On average it takes between 18 and 22 months. They must then wait three years before applying for citizenship, which takes an average of 19 months. It takes a minimum of five to six years to become a citizen, if the process goes quickly. Under the new legislation, the thousands of refugees admitted every year are at risk, not to mention those who simply have not yet applied.

In addition to this major concern, I would like the government to explain why its new bill contains a clause that prohibits entry of asylum seekers who were incarcerated in their country for more than 10 years, and why no discretion is given to a tribunal in the case of political refugees. We all know that thousands of refugees flee their country of origin because they run the risk of having to serve, or they have served, prison sentences because of their religion, ethnicity, political convictions or sexual orientation.

This type of unfair legislation quite simply endorses the discriminatory position that certain countries impose on their citizens rather than helping them to start their lives over in a supposedly fairer and more democratic country such as ours. I am not saying we should be bringing criminals to Canada, but we should be helping refugees who have been unfairly accused in their home countries.

Bill C-31 permits the arbitrary designation of irregular arrivals and their mandatory detention, which is completely unconstitutional. Need we remind this government that the arrival of refugees by irregular means, such as by boat, is legitimate and that we must respect the international treaties regarding refugee rights that we have signed? Canada has recognized these humanitarian rights in accordance with the 1951 Convention relating to the Status of Refugees, called the Geneva convention.

An individual's right to life, liberty and security of the person is also spelled out in the Canadian Charter of Rights and Freedoms. It is therefore mandatory in Canada to protect refugees and not expose them to persecution. Those persons who arrive in Canada by their own means can claim refugee protection at any Canadian border or at an immigration office within Canada.

However, according to the new proposed legislation, irregular arrivals will be subject to maximum mandatory imprisonment of one year if they are 16 or older. They will not be able to apply for permanent residence or sponsor a family member for five years and will not have access to the new Refugee Appeal Division. Now, that is a two-tier system. It is totally illegitimate and unfair to immigrants and flies completely in the face of Canadian values.

In its press release announcing the new bill, the Conservative government accuses “bogus refugee claimants” from what it considers to be safe countries of slowing down Canada's immigration process and penalizing the “good” immigrants. The government even contends, “These bogus claims cost Canadian taxpayers upwards of $170 million per year. That's why the government...introduced the Protecting Canada's Immigration System Act.”

The government is therefore proposing savings of $170 million to protect an immigration system that will never be 100% secure. What, then, is the total cost of imprisonment? We do not know. Can the government provide an estimate as to the cost of this legislation?

I would like to remind Canadians and my colleagues in the House that Bill C-11 from the previous Parliament had to do with balanced reforms concerning refugees. I would also remind the House that that bill was the subject of many compromises and was supported by all parties. By bringing a bill like Bill C-31 back to the table, this government is doing three things that are totally unacceptable.

First of all, it is preventing anyone from seeing the effectiveness and the value of legislation that has already been passed, since Bill C-11 is being killed before it even came into force. Second, it is arrogantly rebuffing all the work that was done on Bill C-11 by introducing a new bill that is practically identical, but ignores all the amendments adopted in the previous Parliament. Third, it is disgracefully wasting taxpayers' money by forcing us members to redo work that was already done respectfully and conscientiously.

Some 14% of the people of my riding are immigrants. Among them are thousands of permanent residents who work hard and contribute to the social and economic development of Charlesbourg—Haute-Saint-Charles and the greater Quebec City region. Thousands of them are also worried about their status and want answers.

The NDP believes that we must fulfill our duty to refugees while maintaining an effective, impartial immigration system. Bill C-31 puts refugees in a class with criminals. The bill is ineffective and leaves too much room for the political manoeuvring that characterizes the party across the floor. The government needs to redo its homework.

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

Mr. Speaker, I had another question in mind, but the response of the Minister of State for Sport to my colleague's question missed the point.

We understand the changes that improve the bill, between Bill C-4 to Bill C-31, in that children under 16 are not to be automatically jailed for the year with their parents and older siblings over 16. However, I think the question was what would happen to children under 16 who would not automatically be interned, but who would be with their families when they arrived in Canada. I hope one would presume out of compassion and any common sense that we would want to keep children with their parents. I think that is the essence of the question.

Although I am now surrendering my own question to pursue another matter, could the Minister of State for Sport respond to that?

[Bal Gosal, Conservative, Bramalea—Gore—Malton, ON]

Mr. Speaker, that is completely false. According to Bill C-31, there is an exemption from automatic detention for minors under 16 years of age.

We want to have a fair refugee system and this bill would create a fairer system for our country. Our government is committed to strengthening Canada's immigration system and that is what we will do with the bill.

[Bal Gosal, Conservative, Minister of State (Sport)]

Mr. Speaker, I rise today in support of protecting Canada's immigration system act.

Canadians want a timely and effective refugee system, one that provides protection to those who genuinely need it in a reasonable amount of time. At the same time, Canadians want a refugee system that is able to quickly identify and remove people who seek to abuse our system.

Illegitimate claimants clog our refugee system and create unnecessarily long wait times for those truly in need of Canada's protection. Under the current system, the average asylum claim takes four and a half years to come to a conclusion. Some cases even take longer than a decade. Illegitimate claimants come here at a huge cost to Canadian taxpayers with the average unfounded claim costing $55,000. They also bog down the system which results in genuine claimants waiting long periods of time before they receive Canada's protection.

The protecting Canada's immigration system act seeks to address these problems with the refugee system by providing faster protection to those in genuine need, but quickly removing those who are not, to support a more robust refugee system and prevent fraud in our immigration system in general. This legislation also recognizes that our country must be at the forefront of current technologies.

Protecting Canada's immigration system act aims to strengthen Canada's immigration and refugee system in three ways. First, it would build on the long-needed reforms to the asylum system that were passed in Parliament in June 2010 as part of the balanced refugee reform act. Second, it would give Canadian authorities the tools needed to crack down on the lucrative business of human smuggling. Third, it would introduce biometric technologies for screening certain visa applicants.

Canadians have given us a strong mandate to protect Canada's immigration system. We are acting on that mandate.

Taken together, these three elements seek to help improve the integrity of our immigration and refugee system. Here is how.

One of the problems with our current refugee system is that it takes far too long for claimants to make their way through the system. This applies whether the claim is legitimate or not. This makes Canada an attractive target for illegitimate claimants since they know they can remain in Canada for several years while their claim is processed. Currently, it takes an average of four and a half years from the time a refugee claim is made until a failed claimant has exhausted all legal avenues and is removed from Canada. During this time, claimants can access our generous social benefits and establish themselves here in Canada.

To help reduce the attraction of coming to Canada, this bill would further expedite the processing of all refugee claims, particularly for nationals from designated countries that generally do not produce refugees. This policy would provide the government with an important tool to respond to spikes in claims from countries that do not normally produce refugees.

In 2011, Canada received 5,800 refugee claims from the European Union. That is more than we see from Africa and Asia. Virtually all these claims from the European Union are abandoned, withdrawn or rejected. In other words, these claimants were not in genuine need of protection; they were bogus refugees.

Canada's top source country for refugee claims is Hungary, which is a stable democratic country. The number of refugee claims from Hungary in 2011 was 4,400. That is up almost 50% from 2,300 in 2010. That is 18% of the total percentage of refugee claims in Canada. In comparison, in 2011, Belgium received only 188, the U.S. only 47 and France and Norway only 33 each. In 2010, a total of 2,400 Hungarian nationals claimed refugee status around the world and 2,300 of these were in Canada alone. That is right; Canada received 23 times more bogus refugee claims from Hungary than did all other countries combined.

Even though virtually all these claims were abandoned, withdrawn or rejected, these applicants knew they had several avenues of appeal which allowed them to prolong their stay in Canada. These bogus refugee claimants cost Canadian taxpayers $170 million per year.

This is proof that Canada has become a target for bogus refugees. We must take action to crack down on this abuse. Canadian taxpayers work very hard and do not appreciate it when their hard-earned dollars go toward supporting foreign nationals who should not be here in the first place.

Canadians have given us a strong mandate to protect Canada's immigration system. We are acting on that mandate. Bill C-31 would save Canadian taxpayers at least $1.6 billion over five years.

These new measures would be accomplished without affecting the fairness of our generous refugee system and without compromising any of Canada's international and domestic obligations with respect to refugees. By improving the refugee system in these ways, this legislation would also ensure that those refugee claimants who really do need our protection would get it even faster.

The second part of this legislation would enable Canadian authorities to crack down on human smugglers who seek to abuse our generous refugee system. It would make it easier to prosecute human smugglers and would impose mandatory minimum prison sentences on those convicted of human smuggling.

At the same time, it recognizes that shipowners and operators are one part of the problem. The other part involves those who seek to use the services of a human smuggler in order to get to Canada. This legislation, therefore, also aims to reduce the attraction of coming to Canada by way of dangerous voyage.

The third part of this legislation would introduce new biometric technology to screen visitors to Canada. This legislation and the regulations would make it mandatory for certain visa applicants to have their photographs and fingerprints taken as part of their temporary resident visa applications.

In order to protect the health and safety of Canadians, it is critical that we stay on top of new technologies, including the methods used by fraudsters to manipulate our immigration system to fraudulently gain entry into Canada.

Linking an individual's biometric data with his or her biographic data would help us to more quickly identify applicants. It would therefore become much more difficult to forge, steal or use someone else's identity to gain access into Canada. Biometrics would make it easier to prevent known criminals and previous deportees from entering Canada. It would make it easier to prevent serious criminals, failed refugee claimants and terrorists, among others, from re-entering Canada by using false identify documents.

Alternatively, the use of biometrics would also bolster Canada's existing measures to facilitate legitimate travel by providing a fast and reliable tool to confirm identity. These measures would put us in line with our international partners, such as the United Kingdom, the European Union, Australia, the United States and Japan.

All these reforms are aimed at deterring abuse of Canada's generous immigration and refugee system. Bill C-31 would make our immigration system faster and fairer. Canadians have given us a strong mandate to protect Canada's immigration system. With these proposed measures, the integrity of Canada's immigration programs and the safety and security of Canadians would be protected.

I implore my fellow members of the House to vote in support of this legislation.

[Judy Foote, Liberal, Random—Burin—St. George's, NL]

Mr. Speaker, I welcome the opportunity to speak 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.

While I listened to the debate on Bill C-31 with great interest, I noticed a very disturbing and continuing trend by the Conservative government. Attention must be drawn to the irresponsible and undemocratic procedural tactics used by the government during this debate.

Through Bill C-31, the government has continued to display its fervour to obstruct the parliamentary process. On Monday, March 12, the government broke its own record for silencing debate. The Conservatives' mind-boggling 18th declaration against democratic debate in the House of Commons is an affront to the majority of Canadians who did not vote for the Conservative Party in the last election.

The Minister of Citizenship, Immigration and Multiculturalism falsely claims that his government has the authority to ignore the opposition because it received the majority of seats in the last election. By unnecessarily limiting debate, the government is directly stifling democracy.

Canadians elected members of Parliament of all parties to defend their interests. It is reprehensible when this government prohibits the representatives of all Canadians from making their views known. The only explanation for such action must be that the Conservatives are afraid that too much debate will expose the many flaws in their illogical legislation.

This is not the first time the government has introduced a time allocation motion but the 18th time in under a year. Time allocation is only one procedural method that the government has abused to deny Canadians proper, transparent and democratic debate.

Previously the Conservatives twice prorogued Parliament, preventing members of Parliament from representing their constituents in the House of Commons. It is not only in the House that the government has prevented open debate. In committee, we see the Conservatives dangerously abusing motions to go in camera far too often. What is the government trying to hide? It is a good question. Why does it fear transparency? Why can it not be honest with the Canadian people and debate the validity of their ideas instead of abusing procedural tactics?

Furthermore, Bill C-31 undermines the study on biometrics now under way at the Standing Committee on Citizenship and Immigration. I am surprised that the minister would include biometrics in the bill, not because biometrics are without merit but because the committee has not finished its study and therefore has not issued a report to Parliament. It seems the minister intends to subvert his own Conservative colleagues and the rest of the immigration and citizenship committee who have been working diligently at committee to hear from Canadians on this very important and very vital topic.

Canadians have a right to be heard. Unfortunately, the government does not have the time to listen. Sadly, this is not the first time the minister has undermined the work of the immigration and citizenship committee. The committee was previously studying the backlog of immigration. Midway through the study, the minister announced a freeze preventing people from sponsoring family members to immigrate for at least two years. Through his actions, the minister has displayed a complete disdain for the witnesses and their testimony heard at parliamentary committees. Clearly, the Minister of Citizenship, Immigration and Multiculturalism thinks he knows best and does not listen to those who testify at committee. People come to committee to be heard and provide input into this most important discussion, yet they are not given the opportunity.

Now the minister has abandoned Bill C-4 before the Standing Committee on Immigration and Citizenship could even study it, even though his own government used its majority to push the bill to committee for study. Go figure.

I find it striking that a minister of the crown could have such disdain for the committee under his portfolio. While the bill does not allow for the unconstitutional detention of those under 16 years of age, it does in fact violate the Charter of Rights and Freedoms throught its use of warrantless detention for up to a year for those 16 years of age and older. I must ask the same question my colleagues have throughout this debate. What would happen to a six-year-old child whose parents were being unconstitutionally detained after a family arrived in Canada?

As I discussed when Bill C-4 was debated here in this House, in the Supreme Court's 1985 Singh decision, the highest Canadian court ruled that the Charter of Rights and Freedoms applies, not just to Canadians, but to anyone who steps foot in Canada, whether or not they arrived legally.

Within Bill C-31, as was included in Bill C-4, are provisions that would enable the government to arbitrarily name refugee groups as designated foreign nationals and permit for the legal and unjust detention of said groups for up to 12 months, regardless of whether they were legitimate refugees or not. Section 9 of the Charter of Rights and Freedoms, under the heading of Legal Rights, ensures that everyone has a right not to be arbitrarily detained or imprisoned. Section 11, under the same heading, states that any person charged with an offence has the right to be tried within a reasonable time.

Liberals do not support an erosion of our constitutional rights, and for very good reason. The path the Conservatives are pursuing is a very slippery slope that would end in the trampling of the rights and freedoms of Canadians, similar to the warrantless search and seizure in the government's Bill C-30.

In addition, Bill C-31 would entrust the Minister of Public Safety and the Minister of Citizenship, Immigration and Multiculturalism with far too much political power over our refugee system. Enabling the Minister of Public Safety to determine which groups were irregular arrivals while simultaneously enabling the Minister of Citizenship, Immigration and Multiculturalism to personally designate safe countries of origin would give the ministers far too many discretionary powers and would offer no accountability or appeal system to protect refugees from the Conservatives' politically motivated agenda.

Canadians from coast to coast to coast are concerned with Bill C-31. I have heard from constituents throughout my riding of Random—Burin—St. George's, as I am sure other members of Parliament have heard from their constituents, that this is a serious piece of legislation. It is a flawed piece of legislation that must be addressed by this Parliament.

To quote a constituent of mine from St. David's, Elin Steele says:

I am particularly concerned that decisions such as designation of “safe” countries be left to the Minister as I do not believe the level of expertise is there. I am concerned that we, as a country, are not only living up to international obligations and standards, we are not living up to our perceived status, domestically and internationally, of fairness, justice and compassion.

My constituent is right to talk about the reputation that we have as Canadians. She talks about the reputation we have in this country. She is seriously concerned about what is going to happen to that reputation and how we will be looked at by those who are looking to Canada as a safe haven. Not only has Ms. Steele written to express her concerns, but other constituents throughout Random—Burin—St. George's have, as well. What I have given here is an example of the kind of concern that exists throughout our country. If it exists in Random—Burin—St. George's, it undoubtedly exists in other parts of Canada.

As with Bill C-4, Canadians do not support the trampling of their enshrined Charter of Rights and Freedoms, nor do they support the trampling of anyone else's enshrined charter of rights. We believe in caring for others. We believe in reaching out to others. We believe in letting them know that Canadians are caring and that they are welcomed here.

The Liberal Party will continue to stand up for the Charter of Rights and Freedoms and oppose this dangerous bill. This bill that is so flawed that we have to make our views known, we have to try to get changes to the bill. Liberals believe that there must be judicial oversight and an appeal process to enshrine the internationally guaranteed rights of refugees.

The House resumed from 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.

Business of the House

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

Mr. Speaker, on the contrary. It has been suggested in the past when we have had budgets on Thursdays that we were doing that so we could go out and talk to Canadians about it for several days. Clearly, our interest is to tell Canadians about our economic action plan 2012 which is focused on keeping taxes down and creating jobs and economic growth for Canadians. We hope we will be able to speak about it a lot to Canadians. We are confident that they will see that we share their priorities strongly. I thank the opposition House leader for giving me the opportunity to explain that.

We will conclude this hard-working, productive and orderly week in Parliament by continuing debate on Bill C-31, the protecting Canada's immigration system act this afternoon and tomorrow. We will also debate that bill on Monday, March 26.

Next week is a constituency week where we will all be hard at work in our ridings.

The highlight of the week we return to Ottawa will be when the Minister of Finance rises in the House to present Canada's economic action plan 2012. That will be on Thursday, March 29 at 4 p.m. Canadians can look forward to our economic action plan which will include, as I indicated earlier, important measures focused on jobs and economic growth.

I understand that the Standing Committee on Finance agreed to a responsible work plan for its study of the financial system review act, Bill S-5 so that this House can pass the bill before Canada's banking laws expire in mid-April. Canada has the world's soundest banking system. It is important that we keep it this way. That is why I trust we will see a responsible approach to this bill in the House, similar to what we saw at committee. In anticipation of the bill being reported back to the House tomorrow afternoon, I will be giving priority to report stage and third reading of Bill S-5 on Tuesday, March 27 and Wednesday, March 28.

If we have additional time on those days, I hope we can finish second reading debate of Bill S-4, the Safer Railways Act, and then deal with Bill C-12, the Safeguarding Canadians' Personal Information Act, at second reading.

On Thursday, March 29, we will resume debating Bill C-24, the Canada–Panama Economic Growth and Prosperity Act, before question period. After question period, the House will turn to Bill C-15, the Strengthening Military Justice in the Defence of Canada Act.

Friday, March 30, shall be the first full day of debate on the budget.

Protecting Canada’s Immigration System Act

[Anne Minh-Thu Quach, NDP, Beauharnois—Salaberry, QC]

Mr. Speaker, I would like to ask the member opposite a question.

Everyone agrees that we must do more to crack down on human smugglers.

The problem with Bill C-31 is that it does not crack down on the smugglers; rather, it causes problems for the victims, the refugees. It is refugees who will be imprisoned and who may then have to pay the price. These people risk their lives, and all they want is to leave their country and to make sure that they and their families are safe.

Even if stricter laws were to put these people in imprisoned, if they had to do it all over again, they would. You can ask any refugee who has left his country because of fear of reprisal or persecution. Refugees will still want to leave their country, whether it be by boat, plane or any other means. They will do anything to leave. Yet, they are the ones who are going to be imprisoned.

Bill C-31 does not target the right people and does not solve the problems.

[Andrew Saxton, Conservative, Parliamentary Secretary to the President of the Treasury Board and for Western Economic Diversification]

Mr. Speaker, I rise to lend my support to Bill C-31, Protecting Canada's Immigration System act. I am going to focus my remarks on how the proposed legislation would change our existing laws in respect of the crime of human smuggling. Before talking about the proposed reforms, it is important to contextualize this issue.

The United Nations Office on Drugs and Crime says that human smuggling puts the lives of those smuggled at risk. Clearly it does, as evidenced by the tragic deaths of countless smuggled migrants around the world every year. It is important to remember that such occurrences are not restricted to smuggling by sea. Every year, people die as a result of smuggling operations by transport containers, as well as on the high seas. It says this crime is on the rise. In fact, just a few weeks ago, international media reported that a massive human smuggling ring had been organizing a trip for several hundred migrants from Togo to Canada. Fortunately, this ring was discovered and dismantled. However, this is clear evidence that human smugglers are making plans for Canada as we speak. Canada remains a prime target.

Benjamin Perrin, a law professor at the University of British Columbia, says that 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. He says that it is shocking to hear apologists from migrant smugglers portraying these criminals as providing a service for illegal migrants seeking to enter Canada. He also says that migrant smugglers have been linked to organized crime, human trafficking and terrorist organizations. They care nothing for the wellbeing of those they transport in perilous and often deadly vessels.

While it is difficult to precisely estimate the extent of smuggling, there is some information. According to the United Nations Development Programme, in 2009 there were an estimated 50 million irregular migrants in the world. A significant number are believed to have turned to smugglers to assist them across international borders. It is also believed that the number of persons who are turning to smugglers to help them enter other countries continues to increase.

The United Nations Development Programme says that smugglers continually change their tactics to keep one step ahead of authorities. As countries around the world work together to respond to the practices of smugglers, these criminals adapt. Corruption among state actors has become an important tool in the smugglers' arsenal and provides additional impetus for ensuring that all countries, including Canada, step up their efforts to respond.

It is important to remember that migrant smuggling is big business, generating million upon millions of dollars for transnational organized crime every year. Interpol has said that compared to other types of transnational organized crime, human smugglers benefit from weak legislation and low risk of detection, arrest and prosecution. Logically then, Canada needs strong legislation that gives authorities the tools to detect, arrest and prosecute human smugglers.

While it is true that we already have a robust criminal law framework in place to respond to human smuggling, we must continue to build on that. That is why Bill C-31 is proposing important amendments in this area.

Allow me to highlight those provisions within the bill that relate to cracking down on human smuggling. Currently, when faced with an incident of human smuggling, authorities must prove the accused knew that the smuggled person did not have the documents needed to enter Canada. While this is certainly one manifestation of this crime, it is not the only way it can be committed. For example, sometimes smuggled persons may be brought into Canada in a way that evades contact with immigration authorities. In other words, the smuggler agrees to help the person smuggled enter the country clandestinely. The proposed amendments would more clearly capture this behaviour. It would do this by broadening the offence to enable prosecution where there is evidence that the accused knew that the persons smuggled were in contravention of any requirement under the Immigration and Refugee Protection Act. This would provide additional ways to establish that the smuggling offence had occurred.

The second way the existing smuggling offence would be broadened is by making clear that the prosecutor could show that the accused was reckless as to whether the smuggled person would be entering Canada in contravention of the requirements under IRPA.

Recklessness is a well-known and accepted form of subjective fault in criminal law. It means, in this context, that the accused was aware that there was a significant risk that the smuggled persons would be entering Canada in contravention of the IRPA, and in the face of this fact proceeded nevertheless.

This additional element would provide further assistance to police and prosecutors who must respond to such conduct. Migrant smuggling is a reprehensible crime. It undermines the integrity of our immigration system. It puts the lives of those smuggled at risk. It lines the pockets of organized crime, which in turn better enables such groups to engage in other criminal activity, the effects of which can be far-reaching. It also has an effect on the public's perception of immigrants and immigration.

For all of these reasons, we must state in unequivocal terms that such criminal actions must be strongly denounced and deterred. That is why Bill C-31 proposes mandatory minimum penalties for anyone convicted of human smuggling. It is clear that the penalties proposed target only the most harmful manifestations of this crime.

They would not apply in all cases. The most serious mandatory penalties would be reserved for the most serious instances. Some might suggest that these mandatory penalties are inappropriate and would not do anything to deter this crime. I strongly disagree and would reiterate that these penalties are about more than just deterrence. They are a reflection of our belief that such conduct is utterly unacceptable and must be condemned and punished in the clearest of terms, particularly when the conduct in question is linked to organized crime or terrorism, or where the lives of those smuggled are in danger.

I believe that Canadians would agree that in such cases, such penalties properly reflect the gravity of the crime. It is important to note that the Immigration and Refugee Protection Act is not the only piece of legislation that this bill would strengthen.

The bill also proposes higher penalties for violations of the Marine Transportation Security Act. For example, if individuals refused to obey a ministerial directive to leave Canadian waters or if they misled or lied to officials, they could be slapped with fines of up to $200,000 and or a prison sentence. If they were caught again, they would be looking at fines of up to $500,000. This would send the right message and ensure a more complete response to this crime.

Bill C-31 would be an important next step in our fight against smuggling. It is important to note, however, that it is not the only step we are taking. I am aware of the significant efforts being pursued by the government around the world to respond to this crime, including through the work of the Prime Minister's special advisor on migrant smuggling.

Taken together, we are moving forward in the right direction to ensure that smugglers think twice before they try to ply their trade here in Canada. I urge all my hon. colleagues to join with me in supporting Bill C-31.

[Anne Minh-Thu Quach, NDP, Beauharnois—Salaberry, QC]

Mr. Speaker, with all due respect to the Minister of Citizenship, Immigration and Multiculturalism, maybe he takes us for fools, but his claim that Bill C-31 does not make any major changes to the measures in Bill C-11 is completely false.

For a moment or two, he should put himself in the position of a refugee, a person who is trying to escape his country, perhaps because he faces persecution, and who arrives here by boat, on foot or in a group.

This bill places several discretionary powers in the hands of the minister. It gives the minister three main discretionary powers. The first is the power to designate safe countries of origin. In many situations, even in developed countries, people can be persecuted and subjected to sexual violence. The previous speaker talked about sexual persecution of gay people.

The minister can also designate as an irregular arrival the arrival of a group of persons, which is completely arbitrary, and can impose conditions on a designated asylum claim. In addition, the minister can incarcerate individuals whose eligibility is unknown because they do not have any documentation. People who flee serious situations because they fear for their lives might not think to bring the proper documentation.

[Jason Kenney, Conservative, Minister of Citizenship]

Mr. Speaker, I see once again that the NDP does not understand Bill C-31.

The changes that the bill will make to the asylum system will not alter the fact that all asylum seekers from all countries, by means of all types of immigration, including smuggling, will have an oral hearing before the independent decision-makers of the Immigration and Refugee Board. That exceeds our obligations under the Charter of Rights and Freedoms and the UN convention on refugees. Our legal and moral obligation is clear: we have an obligation of non-refoulement of people who have a well-founded fear of persecution because of their ethnicity, nationality, political views, and so forth.

We are not changing or weakening our obligation of non-refoulement of bona fide refugees. However, by the same token, we are trying to prevent waves of well-organized, bogus or fraudulent refugee claims, often by people from democratic and liberal countries.

Is the NDP not at all concerned about the abuse of Canada's generosity by bogus refugee claimants from democratic and safe countries?

[Anne Minh-Thu Quach, NDP, Beauharnois—Salaberry, QC]

Mr. Speaker, the Conservative Minister of Immigration's Bill C-31 looks a lot more like a monopoly on the power to make decisions than a way to improve refugees' quality of life.

Once again, the Conservatives' thirst for power, their lack of rigour and their refusal to listen are taking a toll on justice, respect and equality. This bill is the latest in a long line of bills that most stakeholders consider irresponsible, even senseless. Opponents include the Canadian Council for Refugees, Amnesty International Canada, and the Canadian Association of Refugee Lawyers, to name but a few.

All of these opponents have indicated that this bill will make the system vulnerable to political considerations rather than ensure fair, independent and balanced decisions about who can be considered a refugee.

Bill C-31 makes us fear the worst for refugees who have become permanent residents. It is also discriminatory and, as the Canadian Council for Refugees pointed out, it creates a two-tier refugee protection system. According to the council, strict, tight deadlines will put victims of sexual trauma and members of the LGBT community at a major disadvantage. These people often need time to open up and tell their story. Two weeks is not enough. But for the Conservative government, ignoring the needs of the most vulnerable is nothing new.

To think that barely 18 months ago, the Conservative minister congratulated his opposition colleagues on reaching an agreement on some amendments that would make the refugee system, and I quote, “faster and fairer”.

Now that the Conservatives have a majority, we can expect that measures that the Centre for Refugee Studies calls radical and draconian will be added to these fair amendments. While last year the minister agreed to a sensible compromise in a minority situation, he can now pass whatever legislation he pleases, no matter how undemocratic it is. This is serious and appalling.

No longer will it be left up to a panel of experts—as it should—to come up with a list of “safe countries”, from which the federal government does not think refugees usually come. In addition, no longer will it be possible for residents of those designated countries of origin to appeal their cases if their claims are rejected. This is a human rights violation. Unsuccessful claimants will have to wait one year before applying again on humanitarian grounds, during which time they can be sent back to their country, a country they tried to flee.

It is especially unfortunate that the government continues using terms like “bogus claimants”, terms that are extremely harmful.

While not every individual who files a refugee claim necessarily needs extreme protection, that does not make these refugee claimants “potential abusers”. These people may have very good reasons for leaving their country.

Refugees are some of the most vulnerable members of society and are, therefore, easy targets for attack as non-citizens in a foreign country. Denigrating labels, especially those given by the government, have a serious negative impact on the public's perception of refugees and non-citizens in general.

Canada is a model for the rest of the world. It is known for welcoming people who are fleeing persecution. This important asset is going to be lost because of a new proposal by this government that emphasizes speed and categorization, at the expense of fairness, justice and protecting individuals.

In our opinion, the government is pushing its mandate far too far. In many ways, Bill C-31 represents the unprecedented dismantling of Canada's refugee system. If we just take the example of Australia, which had to go back to a system similar to our current system, it is clear that the approach outlined in Bill C-31 does not work. The Conservatives would save Canadians a lot of time and money if they stopped navel gazing and starting using facts, expert studies, statistics and concrete examples to support their bills.

On average, 25,000 refugees have obtained permanent resident status every year of the past five years. Last year, the number was 24,700. After a waiting period of three years, it takes an average of 18 to 22 months before the person can apply for citizenship, which takes an average of 19 months.

It takes at least five to six years for a person to become a citizen, if the process goes quickly. This bill threatens the thousands of refugees admitted every year, not to mention those who have not yet applied.

The minister wants to pass this vague bill in September, when the former Bill C-11 has not even come into force. Why be in such a rush to pass, at all costs, a bungled bill that has such serious consequences for people's lives? What is more, clause 19 literally undermines Canada's commitment to refugees, makes a mockery of our commitment to the United Nations to grant permanent residence to refugees, and puts tens of thousands of refugees who have already been granted permanent resident status in Canada at risk of deportation.

Out of respect for Canada's commitment to the United Nations, refugees who have settled here permanently have and should always have the right to rebuild their lives, to work and to raise their families knowing that Canada is and will remain their permanent home.

This is one of the most positive characteristics of our country. Canada's promotion of rapid and permanent resettlement is an enormous advantage, just as much for all Canadians as for all refugees. Instead of living in uncertainty, refugees become active and productive members of our society. The feeling of security that accompanies permanent residence cannot be overestimated and should be a formality.

Canada's commitments to the UN are nevertheless clear: refugees who receive permanent resident status are entitled to rebuild their lives in the host country, to work and to have a family. They will not succeed in integrating into Canadian society if they are constantly under the threat of being sent back to the country they fled.

Canada is a land of refuge and I am grateful, for if it had not been, I would not be here today. My parents came here in the wave of boat people after the Vietnam War, which enabled a number of new Canadians to take refuge here. In certain cases, this change might expose them to potentially violent reprisals if they go back to their country of origin.

Determining refugee status is complex and difficult. It is not easy to decide whether a person needs protection or not. On the other hand, for refugees, the need for protection at all times is simple, but critical. For Canadians, the question is simple: are we going to make sure that refugees are not going back to persecution? It seems to me that the answer should be simple.

In summary, what the Conservative government wants is the discretionary and automatic power to remove at any time a person who was granted refugee status in Canada and who then received permanent resident status. This is what I vehemently oppose, on behalf of all refugees, like my parents and my brothers, who flee their country, risking their lives, without identification and who hope, no matter what happens to them, to find a safe haven and live with dignity in a country to which they will contribute on a social, cultural or economic level. These people want to go on living with their heads held high, and they have human rights that must be respected.

Bill C-31 does not target criminals or human traffickers or those who would take advantage of refugees. We worked on the old bill C-11; there are many points that need another look. I am therefore asking the Conservative government to go back to the drawing board with this bill.

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

Mr. Speaker, it is with great pleasure that I rise to speak to this important bill, Bill C-31, the protecting Canada's immigration system act.

Every single day hundreds of thousands of people apply to immigrate to Canada. Who can blame them? After all, Canada is the best country in the world. These people fill out the paperwork and wait in line.

Unfortunately, every single year there are also thousands of people who choose not to fill out the paperwork. They choose not to wait in line with everyone else. Instead, they decide to jump the queue. They know that Canada's refugee system is broken and easily abused, so they choose to file bogus refugee claims in the hope that the lengthy processing times and endless appeals will result in their obtaining permanent residence in this country.

Immigrants to Canada, like myself, are very welcoming and fair, but we have no tolerance for people from safe countries who abuse our refugee system as a way to jump the queue and get into Canada without having to wait and follow the proper process like everyone else. We have no tolerance for those who take unfair advantage of our generosity.

Our government has listened to Canadians, including those in my riding of Mississauga East—Cooksville, who have told us very clearly they want us to put a stop to this abuse. This is exactly what we are doing with Bill C-31.

It is unfortunate but not surprising that the opposition NDP and Liberal members conveniently ignore the facts when they speak against Bill C-31. It is not surprising because the facts underscore the need for this important piece of legislation and undermine the opposition's criticism of it.

These are the facts. In 2011, Canada received 5,800 refugee claims from the European Union alone, a 14% increase from 2010. That means that a quarter of all refugee claims were from the democratic and human rights respecting European Union. That is more than Africa and Asia. Canada's top source for refugee claims was Hungary, an EU member state. In fact, in 2011, Canada received 4,400 refugee claims from Hungary alone. In comparison, Belgium received only 188, the U.S. only 47, France and Norway, only 33 each.

It is very telling that in 2010 Hungarian nationals made a total of 2,400 refugee claims around the world, 2,300 of which were made in Canada. That means only 100 refugee claims were made in all other countries around the world. Canada received 23 times more than all other countries combined.

What is more, in the past few years virtually all of these claims were abandoned, withdrawn or rejected. The majority of these claimants chose to abandon or withdraw their claims themselves, a clear sign they are not in need of Canada's protection. These claimants are, by definition, bogus.

Instead of travelling to neighbouring safe countries which are easy to reach, these claimants are making the trip all the way to Canada. Instead of seeing their claims to completion, these bogus claimants are abandoning their claims and heading back home.

There is a reason these bogus refugee claimants are targeting Canada. In fact, I have been told of an instance in which a CBSA officer asked someone who landed at the airport and claimed refugee status the reason for the claim. The response was, “Free income”. Well, it is not free. It is paid for by hard-working Canadian taxpayers. Canadian taxpayers pay upward of $170 million per year for these bogus refugees from the European Union. Taxpayers fund their welfare, education and health care.

Hard-working Canadian taxpayers are sick and tired of footing the bill for bogus refugee claimants who abuse the system at everyone else's expense. Too many tax dollars are spent on these bogus refugees.

It is not just the tax dollars that are being wasted that is of concern; it is also the severe impact these bogus claims are having on genuine refugees. Those who are truly in need of protection are waiting a long time to receive Canada's help because the system is being bogged down by these bogus refugee claimants. Fortunately, Bill C-31 would make Canada's refugee system faster and fairer.

Among other things, Bill C-31 would provide the authority for the minister to designate countries that are generally safe and democratic and respect human rights. Refugee claimants from these designated countries would have their claims expedited.

Under Canada's current asylum system, it takes on average more than 1,000 days to process a refugee claim. This is unacceptable. Under Bill C-31, refugee claims from generally non-refugee-producing countries, such as those in the European Union, would be processed in 45 days. Every single refugee claimant would continue to have his or her claim heard and decided on its merits by an independent immigration and refugee board.

Bill C-31 would also do away with endless levels of appeal that currently exist. All refugee claimants would still have the ability to apply for judicial review of a negative decision, as they do now, but the refugee claimants who come from countries that are considered generally safe would not get access to the refugee appeal division. In addition, the bill would enable more timely removal from Canada of failed refugee claimants.

These improvements are just common sense. These measures would help prevent abuse of the system and would ensure that all of our refugee determination processes are as streamlined as possible. This would be accomplished without affecting the fairness of the system and without compromising any of Canada's international and domestic obligations with respect to refugees.

Bill C-31 would save Canadian taxpayers $1.65 billion over five years. It would result in genuine refugees receiving Canada's protection much sooner. Anyone who has the best interests of real refugees at heart should support this bill.

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. All of the reforms included in the bill are aimed to determine abuse of Canada's generous immigration and refugee system. With these measures, the integrity of Canada's immigration programs and the safety and security of all Canadians would be protected.

Bill C-31 would put a stop to bogus refugees, foreign criminals and human smugglers abusing our immigration system and receiving lucrative taxpayer-funded health care and social benefits. The bill sends a clear message to those who would abuse Canada's generous asylum system that if they are not in need of protection, they will be sent home quickly.

Canadians gave our Conservative government a strong mandate to protect Canada's immigration system and we are acting on our mandate. I urge all members to support this important piece of legislation and ensure its timely passage.

[Randall Garrison, NDP, Esquimalt—Juan de Fuca, BC]

Mr. Speaker, I rise today to speak very strongly in opposition to Bill C-31, which has been given another one of those new-speak titles, protecting Canada's immigration system act.

It is really a reincarnation of the previous Bill C-4, which I spoke against on second reading, so I will repeat some of those same arguments. Essentially this new bill has most of those same flaws as the previous bill.

I am opposed to the bill based, first, on my personal experience. In the 1980s, I became involved in refugee work, largely around the political crisis in Central America. I became the co-founder of the Victoria Immigrant and Refugee Centre and I opened my own home to refugees who fled for their lives, having had other members of their families killed or tortured as a result of violence in Central America. I also worked as an international human rights monitor in East Timor, Ambon in Indonesia and in Afghanistan. Therefore, I have seen the situations which create the international refugees who seek safety for themselves and their families in Canada.

I am also opposed based on my concerns about the bill being a violation of both Canada's Charter of Rights and our international obligations, in particular, the designation of certain claimants as irregular arrivals and creating a second class of refugee claimants who are subject to various severe measures, including potential detention for a year.

Members on the other side like to the point to the fact they have improved the bill because now children will not be kept with their parents in detention, but will be sent into some limbo outside detention.

The bar on applying for permanent residency status for five years means it would be very difficult to reunify families because individuals would also not be allowed to sponsor their families for five years and would have no access to the refugee appeals division.

It is also based on my general opposition to the new-speak we see again and again on the other side of the House in taking away the status of permanent resident, which would imply, once an individual is granted it, they would be allowed to stay in Canada permanently. Under the bill, a permanent resident would no longer mean permanent. It would be subject to a decision of the minister to decide whether individuals could stay in the country or whether they would have to go back. Individuals, having brought their family to safety, having established themselves in Canada, after an arbitrary decision by the minister, they could be forced to leave and return to that country and give up all the progress they have made in re-establishing their lives.

It is also based on my doubts about how we have come to have the bill in front of us. The previous bill, Bill C-11, passed in the previous Parliament, was a compromise between all parties working on the immigrant and refugee system, but it was never allowed to work.

What we have before us is another unfortunate example of what I call government by headlines and the politics of resentment. In particular, in Conservatives speeches we hear lots of reference to queue-jumping, to exploiting our generosity and playing on the emotions of Canadians about somehow, someone getting something to which he or she is not entitled.

The Conservatives like to pick the extreme examples. They like to pick the exceptions, which no one would support, and then attempt to make public policy on those exceptions.

I am also opposed to this because it is another case of a policy based on the concept of deterrence, which the government likes to use in criminal justice. It is a concept which has no basis in fact. Tough penalties would of course deter law abiding citizens. As one of the witnesses who appeared at the public safety committee said, “Yes, tough sentences deter you and me because we have something to lose. They deter all law-abiding citizens who understand the concept of community. They do not deter criminals”.

They certainly would not deter genuine refugees fleeing for their lives and they certainly would not deter the profiteers engaged in human smuggling. They already face maximum penalties of up to $1 million and life sentences. Therefore, if tough penalties were deterrents, we would see no human smuggling because there are no penalties bigger than that in the Canadian legal system.

However, make no mistake, I believe in deterrents based on what actually works. If we look at all the literature on criminal justice, it is the same things that also apply to refugee claimants. What works is the certainty of being caught and the swiftness of prosecution. Therefore, the certainty that a bogus claim would be identified and the speed with which that claim would be dealt with is what would deter those claims, not making restrictions on legitimate refugee claimants' rights and their ability to access the process.

The real solution is to apply more resources to the front end of our existing system so that those who make claims know that their claims will be dealt with in a matter of weeks or months, not a matter of years, and they know that bogus claims will not succeed in our system.

The government appears to set out some very nice targets in the bill that these new categories of refugees will have to meet, but in the absence of new resources the government will not meet those targets either. Therefore, we will pass a bill, which endangers the rights of many legitimate refugees, without achieving the swiftness the government claims will result from these measures because it will not have the resources in the system to actually accomplish this.

I will now turn to what I think is the most serious flaw in the bill, which is the process of designating certain countries as safe countries. This is a flawed concept and, once adopted, creates another second class of refugee claimants and provides severe restrictions on the rights of those who come from what is designated a safe country and on their ability to make effective refugee claims.

There was a compromise reached in the previous bill, Bill C-11, which said that safe countries could be designated, but it would be done by a panel of experts, not the minister, and the designation would allow for the exemption of certain geographic areas or certain classes of persons. We all know that there are certain countries where things are completely safe and other regions of the country where things might not be safe.

Under this bill, the designation of a country is either safe or not safe. It is safe for everyone in every place or it is not safe. The previous bill would have allowed the designation of women, in areas where violations of rights against women are rampant, as an exempted class, so the country might be safe for men but not for women. It would have allowed the designation of gays and lesbians, bisexuals and transgendered people, who are rarely safe in most countries around the world, as a class of people who could come from what was otherwise a safe country. The bill does not allow those designations of classes or geographic areas as exempt from the safe country designation.

Now I will turn to the particular situation of lesbian, gay, bisexual and transgendered refugees under the bill. I want to do so not just because I am a gay man and also an immigrant whose basic decision to move to Canada was, in large part, based on the criminalization of homosexuality in my country of origin at the time. It is a big part of why I stand here today. The safe country concept will have a disproportionate impact on these refugees from my community. Those coming from a designated safe country are required to make a claim within 15 days of arrival. In that 15 days they have to decide whether they would make a humanitarian and compassionate claim or a refugee claim. When I came, I would have had no idea what that meant, and in 15 days I would have had no ability to figure that out. I firmly believe that most refugees will be in that situation. As well, they have only 15 days to find legal representation. If they come from a society, and sometimes from a family, where declaring their sexuality meant great losses on a personal level and a great threat to their safety, they have only 15 days to change their mindset whether to go and talk to a stranger and confess everything that has happened in their personal life that caused them to become a refugee.

From personal experience, I can say that would have been very difficult for me to do. I know it is very difficult for the current lesbian, gay, bisexual and transgendered refugees.

There is a particularly large problem with the 15-day limit because the claimant would then appear before an adjudicator, a single individual who would have no knowledge of the situation of the lesbian, gay, bisexual and transgendered communities in the country of origin. Therefore, not only would individuals have to make their personal claim about their sexual orientation and how that made them unsafe, they would also have to demonstrate how their community was unsafe in their country as a whole. I doubt there are any refugees from the lesbian, gay, bisexual and transgendered communities who would be able to do so in that 15-day period.

Without identifying the individual, I want to talk for a moment about a refugee who came from the Caribbean when he was 17 years old. His life was threatened when it was found out that he was gay. Every day he went to high school in a taxi, paid for by his aunt from Toronto so that he could finish high school at home. Then he was spirited to Canada. When he went to make a refugee claim, he did not want to talk about the personal experiences that made it necessary for him to flee. He did not want to confess to being gay even to his lawyer. It took six months for his lawyer to get the full story from him and then document what had happened to him in his country of origin. Therefore, to try to do that in 15 days is virtually impossible.

What is the real solution here? The Canadian Council for Refugees said scrap the bill. I certainly stand with it here today. The Canadian Bar Association has expressed its concerns about charter rights violations. Amnesty International said that the bill fell far short of Canada's international obligations.

What would I suggest? I would suggest that we go back to letting Bill C-11, the compromise bill, work and that we ensure the government provides a proper resource system so Canada can continue to be a safe place for refugees, genuine refugees, from around the world to make their home.

[Mark Warawa, Conservative, Langley, BC]

Mr. Speaker, it is an honour to represent the incredible people of beautiful Langley, British Columbia.

I thank the member for Brampton—Springdale for his commitment to improving the Canadian immigration system. He is an inspiration to all of us in this House. I wish more people had the passion that he has to ensure we have an immigration system that is well protected.

This is a great opportunity to speak to this bill before us today. We do need to protect Canada's immigration system and I believe that Bill C-31 would allow us to do just that. This legislation would help us maintain the faith that Canadians have in our immigration and refugee system. Our great nation has been built on the hopes and ambitions of people from other countries who choose Canada as a home and we continue to depend on contributions of newcomers to help preserve our prosperity and the wonderful quality of life that we experience in Canada.

For that reason, Canada opens its doors to more than a quarter of a million immigrants and refugees every year. In fact, since 2006, our Conservative government has welcomed the highest sustained average of immigrants in Canadian history. Is that not incredible? We have a well-earned reputation around the world for the generosity of our immigration and refugee system.

Unfortunately, though, this generous reputation has made us a target for criminals who want to abuse our system for their own gain. I am talking about the crime of human smuggling. I am sure all members have heard of and recall the irregular arrival of the Sun Sea in our waters off British Columbia in August 2010 with its 492 passengers. That incident and others have shaken the faith of Canadians in our immigration and refugee system. They fear some immigrants may have links with organized crime or even terrorist organizations. Canadians wonder if authorities can assess and expedite the entry of so many people into Canada at once without making a mistake. They might well ask that because, frankly, our current system is not designed to process quickly such an influx of people or complex cases arising from transnational, sophisticated human smuggling ventures.

That is why a key provision of Bill C-31 would allow us to bring in new rules to deal with irregular arrivals. Currently, for example, an immigration officer can detain a foreign national entering into Canada. This would include where the officer is not satisfied or not certain about the person's true identity. The Immigration and Refugee Board reviews these kinds of detentions within two days. If the person is still in custody, the board will look at that case again within seven days. Subsequently, it can look at it every 30 days after that.

Our current system is not meant to deal with mass arrivals in one location, which is what can often happen with human smuggling. As a result, authorities do not have adequate time for complete and proper identity, admissibility and security checks. We have a problem then. Depending on the complexity of the case, a security check can take days, weeks or even months. If a person arrives with no documentation, as is often the case with people who arrive en mass, the process can literally take years to complete. The reality is that the people carrying out human smuggling know this is how our system works.

I hope that all members, particularly those in the opposition, will change their minds and support this legislation.

Under this proposed legislation, the Minister of Public Safety would declare the arrival of groups as irregular in two situations: one, if the minister believes the identity or admissibility of the arrivals cannot be determined in a timely manner; two, if there are reasonable grounds to suspect criminal elements or terrorist groups are engaged in human smuggling for profit or for the benefit of, at the direction of or in association with a criminal organization or terrorist group.

If the minister does designate the group as an ”irregular arrival”, then authorities would detain all the individuals who have arrived under these circumstances. These individuals would remain in detention until the Immigration and Refugee Board determined they were refugees. Under the proposed changes to our asylum system, this would take only a few months in many cases. If, after a year, an individual still has not been identified and is still in custody, the board would review his or her case and decide whether there should be continued detention or release.

I want to stress that the legislation would give the minister power to order early release in exceptional cases. I also want to point out that those under 16 years of age would be exempt from detention. I want to ensure the members of the opposition hear that. This is an important change from the previous human smuggling bill, Bill C-4. The opposition members do not like to hear the truth, unfortunately, but they have heard the truth and I hope the truth will set them free.

The proposed changes would give authorities the time they need to do proper background checks into identity and admissibility. This is absolutely crucial. When individuals with ties to organized crime or terrorists slip into our country they put the safety and security of all Canadians at risk.

On one hand, these incidents reinforce Canada's reputation as an easy target for human smugglers. On the other hand, they undermine the faith of Canadians in their immigration refugee system.

Our country needs newcomers to keep us strong. We can ill-afford for Canadians to lose trust and confidence in how we welcome immigrants and refugees. Our government is determined to address these challenges head on.

Centuries ago, when the first newcomers came to our shore, they harboured no thoughts about organized crime or terrorism, as some do now. They simply wanted a better life for themselves and their families. This same wish has drawn many people to Canada ever since. In 1906, my grandpa, my gido and baba came from Ukraine to Canada for a better life. As newcomers continue to take advantage of all our opportunities, they also contribute to our collective wealth in all sense of the word.

Together, to the envy of the world, we have woven a fabric that is a model of tolerance, compassion and prosperity. We cannot take this achievement for granted though. Indeed, as I speak, human smuggling is pulling at the fabric and threatening to unravel.

Irregular arrivals, like those on the Sun Sea, are making many Canadians question the merits of our immigration and refugee system. It will be a sad day indeed if our country loses faith in the merits of what new arrivals can bring us, so we must guard the vision of Canada closely. We must refuse to let criminal elements exploit our goodwill for their own ends. We must reassure all Canadians that we are ready to strengthen our immigration and refugee system. We must act now.

The provisions I have highlighted would give authorities more tools to manage large influxes of irregular arrivals. Officials would be able to do the necessary checks into immigration security and identity in order to protect Canadians. Other provisions would hold shipowners and operators accountable for their actions, including increasing the penalty for offences under the Marine Transportation and Security Act.

There are also proposed changes to our smuggling offence, including the imposition of mandatory minimum penalties for persons convicted of smuggling. We know the opposition does not support getting tough, including mandatory minimums, but the courts need that guidance. These changes would go a long way to keep smugglers from doing their evil deeds in Canada.

We all need to get together and support this legislation. I thank the world's best environment minister for the incredible job he has done.

[Parm Gill, Conservative, Brampton—Springdale, ON]

Mr. Speaker, as I mentioned earlier, our immigration system is far too generous to bogus refugee claimants, who would like to take advantage of our system and all of the services that federal and provincial governments provide in terms of social assistance, education, health care and so on.

If a legitimate refugee comes to this country, Bill C-31 would actually help that person. The bill would help speed up the process and get a person who is in real need integrated into the country faster and sooner. The bill targets bogus individuals who are trying to take advantage of our country and our system and Canadian taxpayers.

[Parm Gill, Conservative, Brampton—Springdale, ON]

Mr. Speaker, I will be splitting my time with the member for Langley.

I am grateful for the chance to speak in the House today on Bill C-31, the protecting Canada's immigration system act. I would like to congratulate my hon. colleague, the Minister of Citizenship, Immigration and Multiculturalism, for tabling this important legislation, and I encourage all members in the House to join me in supporting Bill C-31 to ensure that it passes into law.

Canada has always been a welcoming country and continues to be so. Since 2006, our government has welcomed the highest sustained, average number of immigrants in Canadian history. Our generous immigration system is not only the envy of the world but also enjoys broad support among Canadians.

Why is this? In my opinion, there are two big reasons. First is an economic reason. Canadians know that without a strong immigration system, our economy would suffer. We now live in a globally competitive world, where countries that can attract the best and the brightest from around the world will best be able to compete internationally.

Second is historic experience. Canadians know that for generations newcomers have come to Canada and have helped to build it into the strong and pluralistic country it is today. There is every reason to believe they will continue to do so in the future. However, for that to happen, we must be vigilant in ensuring that our immigration system remains robust, efficient and working in the best interests of our country.

I believe that the measures in Bill C-31 will help ensure exactly that. What are these measures? As the minister has clearly articulated, they fall into three complementary categories, all of which will help protect the immigration system. First, Bill C-31 will build on the reforms to the refugee system that were passed into law on June 2010 as part of the Balanced Refugee Reform Act. Second, this legislation will help crack down on the disreputable business of human smuggling. Finally, Bill C-31 will pave the way for the introduction next year of biometrics for screening applicants for temporary resident visas, or study or work permits.

Once these measures are implemented, I am confident they will live up to the name of the bill, the protecting Canada's immigration system act.

For the benefit of my hon. colleagues, I would like to briefly discuss the importance of each of these measures in turn. On the day that the Minister of Citizenship, Immigration and Multiculturalism introduced the bill, he spoke about the significant increase in refugee claims originating in countries that we would not normally expect to produce refugees, democratic countries that respect human rights.

The most striking example of this is the fact that last year alone almost a quarter of all refugee claims made in Canada were by EU nationals. In other words, a quarter of all claims are coming from our democratic European allies, not from war-torn countries ruled by tyrants and plagued by persecution. That fact alone makes the case for additional reform of the system, but consider the cost to Canadian taxpayers in recent years from almost all EU claims being withdrawn, abandoned or rejected. Indeed, the unfounded claims among the 5,800 EU nationals who sought asylum last year cost Canadian taxpayers $170 million.

In order to remove a failed refugee claimant from Canada, it still takes an average of four and a half years from the time of the claim to the person's removal, and removals have dragged out for more than a decade. Failed claimants are eligible to receive taxpayer-funded social benefits, which contributes to their overall economic burden on taxpayers. For many years, Canada has spent far too much time, effort and money on failed refugee claimants who do not need this country's protection. This hurts those who are very much in need of our protection.

As the minister has stated, these measures would help provinces save about $1.65 billion over five years in social assistance and education costs. The reforms proposed in the bill would speed up the process of both deciding on refugee claims and on removing failed claimants from Canada.

Even with these reforms, Canada will still have one of the most generous asylum systems on earth. In fact, because these reforms would enable those who need our protection to get it even faster, I would say that it makes the system even better.

Bill C-31 would help to bring our immigration and border control systems more fully into the 21st century by creating a legislative framework for the long planned implementation of biometric technology as an identity management tool in those systems. In plain language, collecting biometric data would mean photographing and fingerprinting people applying to Canada for a temporary resident visa, or for study or work permits. Because biometric data is more reliable and less prone to forgery or theft than documents, these measures would strengthen immigration screening, enhance security and help reduce fraud. This is an effective way to manage a high volume of applications and some forms of sophisticated identity fraud. It would help prevent serious criminals, previous deportees and terrorists, among others, from using a false identity to obtain a Canadian visa. Alternatively, the use of biometrics would also help facilitate legitimate travel by providing a fast and reliable tool for confirming the identity of travellers, students and temporary workers.

I said at the beginning of my remarks, Canadians must always be vigilant about keeping our immigration system robust, efficient and working in the best interests of Canada. When we examine the measures in Bill C-31, it is clear that they will do all of these things.

The bill would make Canada's immigration system faster and fairer. It would help us 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, Bill C-31 would provide protection more quickly to those truly in need.

For these reasons, I am very hopeful that all of my colleagues in this House will join me in supporting the bill's passage into law.

[Isabelle Morin, NDP, Notre-Dame-de-Grâce—Lachine, QC]

Mr. Speaker, I am very pleased to have the opportunity to speak to Bill C-31 today, because nearly a quarter of the residents of my riding of Notre-Dame-de-Grâce—Lachine were not born in Canada. Every week, we meet foreign nationals who ask us to guide them through the sometimes long and often difficult process of claiming refugee status.

Bill C-31, which we are discussing today, generates strong reactions among immigrant families in my riding. People are afraid that under these new rules, the thousands of people who come to Canada every year seeking protection will no longer have an opportunity to prove their claims. They are questioning the transparency and fairness of the process.

Unfortunately, we have no arguments to persuade them otherwise. It must be clearly understood that people who come to Canada and claim refugee status are in an extremely vulnerable position. Some have been tortured, threatened or persecuted; others have a genuine fear that this will happen to them if they are sent back to their country of origin. And even though the reasons they give sometimes do not correspond to the very specific definition of “refugee”, they may still have left their country of origin for entirely legitimate reasons. In most cases, they have left everything behind, hoping they will be given some protection here. These extremely sensitive situations call for the greatest vigilance.

We have to make sure that each of these nationals is entitled to a real opportunity to make their claim in a process that is just and equitable. If this bill is enacted, refugee status claimants will now have only 15 days to complete their claim and 15 days to appeal the decision if their claim is refused. Those deadlines are unrealistic and the consequence will be that some of them will not be able to make their claims.

To understand clearly how inadequate this measure is, we have to look at the context. People have left their country of origin, where, for one reason or another, they were threatened or persecuted. They arrive in Canada, perhaps traumatized by their experience, and they have only 15 days to complete their claim. These people must write down their life stories, then get legal advice, and most importantly, obtain the supporting documents for their claim. Demanding that people do all this, and in such a short time, when they have just escaped from a situation where they feared for their lives and sometimes speak neither French nor English, will often amount to asking the impossible.

We are deeply concerned that there will be a designated safe country list unilaterally determined by the minister. The purpose of this measure appears to be to expedite the processing of claims, however it could in fact have serious consequences. Not only do we fear that this approach will taint the entire claim review process by bringing into play political considerations that have no place in the process, we also believe that this way of categorizing countries as safe and unsafe is totally out of touch with reality.

This approach to immigration does not take into account the individual characteristics of each foreign national. A country that is safe for a majority of people may not be safe for certain individuals or minority groups. One need only reflect for a moment to realize that such situations exist the world over, for example, for the Kurds in Turkey, the Roma in Hungary, and journalists and political opponents in Russia. Such situations exist when it comes to the rights of homosexuals in certain countries or the treatment of women. Our immigration system must provide each and every claimant with a fair process based on the claimant's specific situation and the facts as they relate to the claim, regardless of country of origin.

Not taking into account these specific considerations, ignoring the very existence of repression and discrimination, means choosing to bury one's head in the sand and leaving the most vulnerable people to their fate; it also violates Canada's humanitarian tradition. Even though their particular circumstances require closer review, foreign nationals from safe countries will have to comply with even shorter deadlines, and they will be unable to appeal decisions. It seems obvious to us that by shortening deadlines and considerably reducing the possibilities of appeal, the government is endangering the lives of refugees, because it will no longer be possible to correct mistakes that may have been made early on in the process. I wish to remind the government that it has a responsibility to protect foreign nationals.

The immigrant population in my riding, just like elsewhere in Canada, plays a key role in the growth of the country. Immigrants contribute on a daily basis to the economic, social and cultural development of our country.

The immigrant population will play an even more important role in the society of tomorrow. Our immigration system must continue to evolve in order to meet changing needs and world circumstances. In my opinion, Bill C-31 does the opposite. I remind the government that we are entirely opposed to all the criteria contained in this bill.

[Alexandre Boulerice, NDP, Rosemont—La Petite-Patrie, QC]

Mr. Speaker, I am pleased to have the opportunity to speak about this important bill, which was introduced by the Conservatives. I would like to indicate right away that I intend to share my time with the hon. member for Notre-Dame-de-Grâce—Lachine.

This is an important bill introduced by the Minister of Citizenship, Immigration and Multiculturalism but, as we have just heard from the Conservatives, it has a confrontational tone similar to what we saw with the bills designed to intrude and spy on our private lives through our computers, bills that were introduced by the Minister of Public Safety. In that case, if we did not agree with the government, then it meant that we were siding with pedophiles and child pornographers. Now, we get the impression that, if we dare to oppose the minister's bill, we will be accused of siding with terrorists and criminals. This is really childish politics, like something you would see in the schoolyard, and I deplore it.

I would like to begin my speech with the words of an Argentinian poet. This is something I rarely do, but I think it is important. It gives an idea of the tone and vision that I would like the debate on immigrants and refugees to have.

The Spanish title of this poem is Los hermanos or, in English, The Brothers.

I have so many brothers,
more than I can count,
from the valleys, the mountains,
the plains and the seas.
{Line}
People connected by work,
by dreams,
with hope ahead,
and memory behind.
[...]
That’s how we go on
tanned like leather by loneliness.
It’s how we lose each other in the world.
It’s how we find each other again.
[...]
I have so many brothers,
more than I can count
and a sister, very beautiful,
whose name is freedom.

That is what people do when they are trying to find a bit of hope, a bit of light in their life, when they are trying to get out of terrible situations, when, for their own sake and for the sake of their children, they want to go live a better life in a free society. They think they will be welcomed there with open arms on humanitarian grounds and received as our brothers and sisters.

Unfortunately, we have Conservative policies that are clamping down and taking us in a completely different direction. That is why, as a New Democrat, I am opposed to Bill C-31. I will elaborate as to why.

We have problems with clauses 24 and 25 of the bill. We had a Conservative colleague explain to us the benefits of democracy and human rights in the European Union. We will come back to that and talk about Hungary and the problem of the gypsies and the Roma.

However, I would like to share the opinion of a few judges of the European Court of Human Rights: Judges Rosakis, Tulkens, Hajiyev, Spielmann and Hirvelä. They said that depriving someone of their freedom for a long period of time constitutes a serious injustice if they committed no crime and had no intention of doing so. They also said that no civilized country should knowingly tolerate this kind of injustice.

These are very wise words. The bill introduced by the Minister of Citizenship, Immigration and Multiculturalism does not contain the same wisdom. Indeed, Bill C-31 would automatically incarcerate refugee claimants designated by the minister, with no chance of release. That is exactly the situation the judges of the European Court of Human Rights criticized.

If this bill passes, any refugee claimants who arrive with the help of a smuggler will have to serve at least 12 months in detention. On March 6, the minister defended this measure by describing it as humane detention. That is absolute nonsense and reminds me of the newspeak that George Orwell wrote about.

Moreover, the bill will punish people who have been given refugee status by denying them permanent residence and family reunification for five years. We think five years is extreme. Overall, the bill targets refugees, not human smugglers. The language, the rhetoric, says it is targeting smugglers, but in fact the people who will really be affected are refugees. The minister is aiming at the wrong target. Certainly, the bill is well intentioned. The good intentions are there, but the cure it seeks to apply is worse than the disease.

The people who will suffer if this bill is passed are people fleeing persecution, people fleeing war or violence or discrimination in their country based on sexual orientation or other grounds. The people who will suffer are the adults who come here, but also their children.

I heard the Minister of Foreign Affairs mocking our concern for children. This is important to us. We care about our families and we think our children are important, but we also think the children of all families are important.

There is a difference between wanting to arrest terrorists, people who endanger the security of Canada and our fellow Canadians, and wanting to arrest everybody on the pretext that they came here with a smuggler because they were in a desperate situation, and putting them in a detention centre because the government does not dare call it a prison. It is talking about putting adults in those places with their children for a year. Theoretically, children under the age of 16 will not be detained, but in reality, families of claimants are faced with the wrenching choice of staying together in detention or separating from their children.

In January of this year, in an unequivocal study, research psychologists affiliated with McGill University warned the government about the negative impact of detention on the mental health of refugee claimants. According to those researchers, separating children from their parents in detention is not an acceptable alternative, in terms of mental health. The effects of the separation are generally harmful to the child’s development, with very serious long-term consequences.

The situation is just as alarming when it comes to adult claimants. In Australia and the United Kingdom, automatic detention is common practice, however numerous cases of suicidal behaviour, severe depression, suicide and self-mutilation have been reported among detainees. Yes, in our opinion, this bill flies in the face of the charter.

In attempting to justify their bill in this House, the Conservatives’ rhetoric seems to vacillate between humane treatment and repression. In our opinion, this approach is incompatible with the values of the Canadian Charter of Rights and Freedoms and with Canada's international commitments in the area of human rights. This point of view is shared not only by the Canadian Council for Refugees, but also by the Table de concertation des organismes au service des personnes réfugiées et immigrantes.

The automatic detention of designated refugee claimants is arbitrary, since it permits the imprisonment of innocent people. The vast majority of foreign national detainees are not criminals and have no intention of becoming so. In 95% of cases, these people are detained because officers have doubts about their identity or whether or not they will be present for immigration proceedings.

“Designated claimants” are criticized for the manner in which they entered Canada. Yet, by definition, a refugee is a person who travels and crosses a border in search of protection. Migration is, therefore, an inherent part of the refugee process. The means whereby this migration is carried out is circumstantial in nature. Basing the detention of refugee claimants on the manner in which they arrived in Canada is nonsensical. It equates to punishing a refugee for simply being a refugee.

The government is criminalizing the migration process. This violates article 31(1) of the Convention relating to the Status of Refugees, which prohibits the application of penalties on refugees for illegal entry or presence. This measure also violates sections 7 and 9 of the Canadian Charter of Rights and Freedoms.

In our opinion, this is a discriminatory measure. Making a distinction between refugee claimants based on their mode of arrival is discriminatory under section 15 of the Canadian Charter of Rights and Freedoms and articles 1 and 3 of the Geneva convention relating to the status of refugees. The creation of the category of “designated claimants” is based on absurd logic that implies different treatment with serious consequences. The system of automatic detention for “designated claimants” creates a system of “infra-rights”, otherwise known as a two-tier system, which prevents one category of refugees from effectively taking advantage of their fundamental rights as compared to other claimants.

This measure is also complete overkill—it uses a bazooka to try and kill a fly by imposing 12 full months of detention without the option of a court review. It is abusive not only because the period of detention is excessive, but also because it denies designated refugee claimants essential procedural guarantees against arbitrary detention. Preventing designated claimants from challenging the grounds for their continued detention over the 12-month period is another clear violation of the charter.

The Supreme Court of Canada has already ruled that the lack of review of the detention of foreign nationals infringes the guarantee against arbitrary detention in section 9 of the charter, which encompasses the right to prompt review of detention under section 10(c) of the charter.

Most importantly, this measure is completely ineffective and counterproductive because it is based on the myth that repression is a deterrent. However, in countries where similar measures have been introduced, the number of asylum claims has not gone down. Most migrants do not know the laws of the country in which they are seeking asylum. Their only motivation is to get out and seek protection.

Migratory patterns follow their own rules and conditions. Neither legal barriers nor bricks-and-mortar ones will stop migrants from coming here. Automatic incarceration will not reduce the number of asylum seekers; it will just increase their suffering. Whatever the government says, this treatment is not humane.

As legislators, we are the guardians of the Constitution. It is our duty to ensure that everything we do is inspired by the values in the charter, Canada's humanitarian tradition and our country's obligations vis-à-vis international law and human rights.

[Roxanne James, Conservative, Scarborough Centre, ON]

Mr. Speaker, my hon. colleague and I are both members of the citizenship and immigration committee, but I am surprised by some of the content of his question.

First and foremost, I would stress that one of the most important roles of any government is ensuring the safety and security of its Canadian citizens.

The government and this country need to move toward biometrics. That would be in line with many other countries and our allies around the world, who have been using biometrics for a very long time. To be specific, we could talk about the fact that if biometrics had been place years ago, people who are now in Canada might not be here and there would have been no need to deport them 10, 12, or 15 times.

My hon. colleague across the way in the Liberal Party talked about the cost of this particular system. That is interesting because the provisions in Bill C-31 would actually save taxpayers $1.65 billion over five years. That is what we should be talking about, respect for taxpayers dollars and the safety and security of Canadian citizens.

[Roxanne James, Conservative, Scarborough Centre, ON]

Madam Speaker, I am very pleased to rise today and have the opportunity to speak on Bill C-31 protecting Canada's immigration system act.

Canada has the most fair and generous immigration system in the world. However, our immigration system is open to abuse. Canadians are generous people, but we have no tolerance for those who abuse that generosity and who take unfair advantage of our great country.

Canadians have told us, loud and clear, that they want us to put a stop to this type of abuse. Our government has listened and we are taking action. That is why our Conservative government introduced Bill C-31. It would make our immigration system faster and fairer. It is the latest step by our government to ensure that our immigration system is no longer abused by foreign criminals, bogus refugee claimants and human smugglers.

This bill includes three major components. First, it includes much needed reforms to our refugee system. Second, this bill includes the provisions in C-4, preventing human smugglers from abusing Canada's immigration system act. There is one important difference to note. It has been brought up in the House today, but it is important to stress once again, that there is now an exemption from detention for anyone under the age of 16.

Third, and the focus of my remarks today, is that this bill would provide the government with the authority to collect biometric data, specifically fingerprints and a photograph from foreign nationals who seek to enter Canada.

Canada welcomes thousands upon thousands of visitors each and every year, tourists, family members and business people, among others. In 2010, under our Conservative government, over 920,000 temporary visa permits were issued. That is a 13% increase compared to the previous Liberal government.

We have also increased the maximum length of multiple entry visas from 5 to 10 years to make it easier for eligible applicants to visit Canada and come back. Our government introduced the parent and grandparent super visa so that loved ones can visit their children and grandchildren for a period of up to two years at a time. Since 2006, our government has also lifted visa requirements from eight countries: Taiwan, Poland, Slovakia, Croatia, Estonia, Latvia, Hungary and Lithuania.

Our government is facilitating the travel of legitimate travellers to Canada. I want to stress the word “legitimate”. It is no secret that there are countless numbers of people, each and every year, who are not allowed to come to Canada and who nevertheless find their way in.

There are countless examples on almost a daily basis of violent criminals, terrorists, human smugglers and war criminals, among others, who have entered Canada using false or fraudulent documents. There are several examples of criminals entering Canada on multiple occasions even after they have been deported. There are even examples of criminals re-entering Canada using false identities and documents up to 15, 19, 21 different times.

We must take action. We cannot allow this to continue. This has to stop. Biometrics would help our government end this fraud and the obvious abuse. Biometrics would help our government protect the safety and security of all Canadians. That is one of the number one priorities of any government. Biometrics is one of the most effective ways to correctly identify individuals. Biometrics would be an important new tool to help protect the safety and security of Canadians by reducing identity fraud and identity theft. As fraudsters become more sophisticated, biometrics would improve our ability to keep violent criminals and those who pose a threat to Canada out of Canada.

Let me explain how biometrics would work. When foreign nationals apply for a visa to enter Canada, they would go to a visa office or one of the many visa application centres located around the world. They would provide their fingerprints and have a high quality, digital photo taken.

This data would then be checked against other databases. If no flags were raised and they met all other criteria, they would be provided with a visa to visit Canada. However, if a flag were raised and a person found to be inadmissible, that person would be denied a visa to enter Canada.

When the visa holders enter Canada, they would again be asked to provide their biometric data. This would ensure the person who is entering Canada is the same person who provided the data when he or she applied overseas and who was approved to travel on that visa.

In other words, we must ensure that “who applies is who arrives”. Needless to say, biometrics would be an effective security tool.

Understandably, there are concerns about privacy when it comes to the collection of biometric data. I would like to be perfectly clear. Biometric data would not be required of Canadian citizens or permanent residents. The personal information of visa applicants would be used, retained, shared and disposed of in accordance with Canada's privacy laws. Citizenship and Immigration is working closely with the Office of the Privacy Commissioner on the implementation of biometrics. In fact, the Privacy Commissioner's office has stated that it is “satisfied that CIC is taking its privacy responsibilities as part of the protocol seriously, and with the fact that it has been receptive to much of our advice”.

It is also important to note that if someone acquired Canadian citizenship before their biometric data was due to be disposed of, it would be disposed of immediately upon the individual receiving citizenship.

The collection of biometric data makes such common sense that the only question it begs is why it was not done decades ago. In fact, it was done decades ago in many other countries around the world. Bill C-31 would finally put us in line with other countries, such as the United Kingdom, Australia, countries of the European Union, New Zealand, the United States and Japan.

Biometrics would not just help our government keep those who pose a threat out, it would also facilitate the travel of legitimate visitors, and again I stress “legitimate“. It could lead to faster processing times.

There has been widespread support for biometrics. In fact, a Globe and Mail editorial on Bill C-31 stated:

The bill will also implement biometric identification, such as fingerprints and photos, for people who apply for visitor’s visas. This welcome change will guard against the use of false identities.

A Montreal Gazette editorial gave the following praise. It stated:

And it allows for the collection of biometric data--fingerprints and digital photos--of people entering Canada on a visitor visa, a work permit or a study visa. Both of these measures are advisable.... The collection of biometric information is a sensible security precaution that will be a valuable tool in preventing people from slipping into the country with false identities.

I know that all Canadians want our government to strengthen our security screening process to ensure that serious criminals, terrorists, bogus refugee claimants and war criminals, among others, are not permitted to enter Canada. My constituents in Scarborough Centre do not want these criminals to be able to enter Canada or live in our neighbourhoods. I am certain the NDP and Liberal MPs' constituents do not either. That is why I was so shocked to learn that the opposition parties, both the NDP and the Liberals, are voting against this bill and against the use of biometrics. Not only do they oppose the provisions to give the government the authority to collect biometrics, they also voted against the funding necessary to start the collection of biometric data. In other words, the NDP and Liberals have voted against and continue to vote against one of the most important measures to prevent criminals and terrorists from entering our great country. They are voting against a tool that would help protect the safety and security of all Canadians, including their own constituents. For that they will be held accountable.

Bill C-31, protecting Canada's immigration systems act, would make our immigration system faster and fairer. Most importantly, it would help protect the safety and security of all Canadians. I implore all members of the House to support this important and much needed piece of legislation.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, when the member for Vancouver Centre spoke, the minister took exception to some of her comments. I take exception to the minister's comment. It is not just opposition members who are concerned about the lack of respect toward our Constitution and charter.

I would like to refer to a fairly telling statement by one of the lawyers for the Canadian Association of Refugee Lawyers. It refers to Bill C-4, which of course is now Bill C-31, and states that the “proposed mandatory, unreviewable, warrantless, year-long detention is patently unconstitutional”.

I wonder if the member would acknowledge that there are many lawyers across this country who have experience in dealing with these matters, have grave concerns about the constitutionality of this legislation and believe that, in fact, there may be a need for amendments so that it would pass—

[John Weston, Conservative, West Vancouver—Sunshine Coast—Sea to Sky Country, BC]

Madam Speaker, I will be sharing my time with the member for Scarborough Centre.

I am pleased to be able to participate on the debate on Bill C-31, Protecting Canada's Immigration System Act, which will further improve Canada's asylum system.

Canada has a well-deserved international reputation because it has the most generous and fair immigration system in the world. Every year, Canada extends protection to more than 10% of the world's resettled refugees, more than any other industrialized country. However, Canada's asylum system is vulnerable to abuse.

Canadians have no tolerance for people who take advantage of our generosity and our country.

The government is concerned about the recent increase in asylum claims by citizens of countries usually considered to be safe.

In view of the fact that, last year, 62% of asylum claims were abandoned or withdrawn, or denied by the IRB, the Immigration and Refugee Board of Canada, it is evident that too much money is spent on asylum seekers who receive taxpayer-funded social benefits.

The facts speak for themselves. For example, in 2011, Canada received more refugee claims from the democratic and human rights-respecting countries of the European Union than from Africa or Asia. Last year alone, a quarter of all refugee claims came from European Union countries.

Over the past few years, nearly all asylum claims from EU countries have been withdrawn, abandoned or rejected. In 2010-11 alone, that was the case for 95% of claims from EU countries. Last year's unfounded asylum claims by 5,800 EU nationals will cost Canadian taxpayers nearly $170 million. Obviously, something has to change.

We expect that the new refugee protection system will save the provinces approximately $1.65 billion over five years in welfare and education costs.

The Protecting Canada’s Immigration System Act builds on and enhances reforms introduced in the Balanced Refugee Reform Act. The new measures will expedite asylum claims processing for nationals of designated countries, those that are not a usual source of refugees. In addition, the new measures will reduce the number of options available to unsuccessful asylum seekers, options that allow them to delay their departure from Canada.

Thanks to the Balanced Refugee Reform Act and associated regulations, IRB processing times have gone down to 60 days for claimants from designated countries and 90 days for other asylum seekers. However, as we were preparing to implement the act, it became clear that these processing times were still too long for people who do not need our protection.

The government has always made it clear that reforms to the asylum system are ongoing and that further measures will be introduced as needed and when needed. Given recent surges in the number of bogus asylum claims from human rights-respecting EU countries, it is clear that further reforms to Canada's asylum system are needed sooner rather than later.

Faster decisions regarding refugee claims are the key to an improved system. That is why, under the new provisions, wait times for hearings will be further improved.

The government is acting responsibly and in the best interest of Canadian taxpayers by presenting reforms meant to resolve problems related to the rise in false refugee claims. These claimants, many of whom withdraw or abandon their claims, are seeking to abuse Canada's generous immigration system and take advantage of our generous welfare benefits, such as social assistance and health care, and this costs taxpayers hundreds of millions of dollars a year.

Shorter processing times and faster removals will limit access to these social benefits and to work permits, which will also help prevent the abuse of our refugee system.

Under the proposed changes, refugee claimants coming from designated countries of origin will be given a hearing within 30 days, if their claim has been filed at an office in Canada, and within 45 days if it was filed at a point of entry, compared to over 1,000 days in the current system.

I would remind the House that the Balanced Refugee Reform Act creates a new refugee appeal division, or RAD, within the IRB. The appeal process will include an examination of the original decision, and in some cases, new evidence that was submitted later.

Under Bill C-31, claimants from designated countries of origin and those who have manifestly unfounded claims or claims with no credible basis, will not have access to the RAD. All asylum seekers whose claims are deemed admissible will have a fair hearing and can always appeal to the Federal Court in the event of a negative decision.

I want to read from an editorial that appeared in The Gazette of Montreal:

Canada has a long-standing and well-deserved reputation as a place of refuge for people fleeing persecution in their homelands.

At the same time, however, it has also gained repute as an easy mark for the unscrupulous who fraudulently use our generous refugee determination system as a way to get into Canada without submitting to standard immigration requirements and procedures...

Shielding the refugee system from false claimants is not only in the best interest of Canadians, on whom they are a financial burden, but also of legitimate applicants who stand to lose out if bogus claimants cast the system as a whole into disrepute.

Establishing a system that is both efficient and fairly balanced is a daunting challenge, but it is one that should be tackled realistically and at the same time in a spirit of generosity that should stand as a Canadian hallmark.

We want to ensure that the refugee protection system is solid enough to deal with unfounded asylum claims, and these changes will send the right message: if you do not need protection, you will be sent home quickly.

The significant changes introduced in the Protecting Canada's Immigration System Act will accelerate the processing of asylum claims and discourage abuse of the redress process. The bill will also make it possible to offer protection more quickly to those who really need it.

I therefore encourage all hon. members to support Bill C-31, which will help to maintain the integrity of our immigration and refugee protection system.

[Jason Kenney, Conservative, Minister of Citizenship]

Madam Speaker, I regret that the member's time ran out because I found he was offering very thoughtful remarks based on first principles and dealing with some of the real issues, and I commend him for that.

There are a couple of points. He says that creating disincentives will not be effective because it will not be known by false asylum claimants overseas. In point of fact, we plan to consecrate an amount of money to advertising these new developments abroad, particularly media that would be in countries that are major sources of false asylum claims and human smuggling. This is what Australia and other countries have done.

I can tell the member that we know, through the good work done by our police and other agencies, the smuggling syndicates are paying close attention to the disincentives that have been proposed and we are confident the disincentives included in Bill C-31 will reduce the pull factors that we have for human smugglers and false asylum claimants.

However, if he does not think this package will be effective, then what does he propose as an alternative to deter human smugglers from targeting Canada?

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, one of the things the minister is aware of is that in Bill C-4 there was a requirement that even children be kept in detention if deemed to be among the irregular arrivals. The government saw the wisdom of the opposition, who suggested that we should not be holding 8 or 10-year-old children in detention. In that sense, there was an improvement in Bill C-31 from Bill C-4, and I applaud the minister for listening to the opposition's concerns regarding the detention of children.

My question for the minister is this. In the case of a child who is eight years old and arrives with a parent, what would be the circumstances of the parent being detained for up to a year and child not? What is the government suggesting in that situation?

[Vic Toews, Conservative, Minister of Public Safety]

Madam Speaker, I welcome this opportunity to rise in support of Bill C-31, protecting Canada's immigration system act.

Canada has a long-standing and well-respected reputation as a nation that welcomes more than 250,000 refugees and immigrants every year. As I indicate to my constituents, that is the equivalent of building the city of Winnipeg every three years. We get a tremendous number of people coming into this country, given our generous refugee and immigration system. With Canada's population of approximately 33 million, that puts stress on government and infrastructure at all levels. Our immigration system is one of the most generous and fair systems in the world.

We have heard time and time again that Canadians have no tolerance for those who abuse our generosity and take advantage of our country. Make no mistake, there are those who look at Canada's generous immigration system through a different lens. They see it as an opportunity for exploitation, an opportunity to make profit by skirting the rules and smuggling people into our country. They have no regard for our rules and no concern for the safety and the well-being of their passengers.

Over the past several years we have seen more incidents in the media about human smuggling criminal operations at work around the globe, sometimes with tragic results. Two years ago, 30 people died when their wooden boat operated by suspected human smugglers capsized off the coast of Australia's Christmas Island. Also, close to 200 irregular migrants destined for Australia perished when their vessel capsized in rough waters off the coast of Indonesia last December.

Recent incidents in Canadian waters and on Canadian soil are a clear indication that these migrant smuggling syndicates are focusing their efforts on our nation. The headlines tell the story. There was the irregular arrival of two boats off the coast of British Columbia within a year of each other.

Human smuggling organizations around the globe continue to actively target Canada as a destination of choice. There must be stronger laws in place that specifically condemn the practice of human smuggling for what it is. It is a dangerous criminal activity that risks the lives of those smuggled and undermines Canadian sovereignty and our immigration system. I will be returning to these themes, but we must act now to prevent human smugglers from targeting Canada.

Bill C-31 contains important provisions that would help to address the growing threat of human smuggling, a despicable activity. Before I go into the specifics of our legislation, I would like to take a moment to provide some context to what we are talking about.

The United Nations Office on Drugs and Crime refers to human smuggling as a deadly business characterized by the following trends and patterns. First, human smuggling is increasing as more criminals are providing these services to irregular migrants to evade national border controls. Second, the crime of human smuggling is a low risk, high reward activity, meaning that more criminals are turning to this practice as a means of generating significant revenues. Third, smugglers continually evolve in their tactics in order to respond to changing law enforcement efforts by states that must respond to this activity. Lastly, smuggling puts the lives of those smuggled at risk.

All of these trends and patterns illustrate the need for all countries, including Canada, to be vigilant in responding to this crime. That is exactly what we are doing in Bill C-31. The bill contains firm and reasonable measures that address specific challenges related to human smuggling and irregular arrivals. What are those challenges? I would like to quote from a case in the Ontario courts which summarizes them quite accurately. The judge noted, and I quote directly, that:

The implications of human smuggling are profound and far-reaching. The integrity of Canada's borders is compromised when criminals such as these smuggle illegal aliens across. There are no checks on the type of people entering, making it possible for criminals and terrorists to move back and forth between these countries at will. The risk to society generally of this kind of criminal activity is great.

He continues:

It is important for national security and public safety to send a message that those who would compromise our international borders in this manner will be dealt with severely. Illegal smuggling of human beings cannot be permitted to become a profitable business operation in Canada.

Those observations demonstrate the importance of improving our responses to this crime and safeguarding the integrity of Canada's borders. That is exactly what we are proposing to do in Bill C-31.

This bill would make it harder for human smugglers to undermine the integrity of Canada's immigration system while still continuing to offer protection to refugees. This has always been the position of our government. The 2011 Speech from the Throne underscored the government's commitment to combat human smuggling which can place migrants in dangerous conditions and undermine trust in Canada's immigration system.

During the last election, we were also clear. Our platform reiterated that it is not fair that criminal human smugglers and bogus claimants abuse Canada's generosity and jump the immigration queue ahead of those who follow the rules. Members probably know from their own experiences in riding offices how many legitimate immigrants are waiting to come to Canada, yet because others are jumping the queue, they and their families are suffering as a result. Quite frankly, that is not fair.

The bill before us today makes it clear that Canada and Canadians do not and will not tolerate the despicable crime of human smuggling. Canada has always been a strong and visible supporter of international efforts to fight human smuggling. Bill C-31 would provide law enforcement officials additional tools to investigate and prosecute individuals who organize, engage in and profit from human smuggling.

As hon. members are aware, our existing laws against migrant smuggling target a very specific manifestation of human smuggling. The crown must prove that the accused knew the people being smuggled did not have the documents needed to enter Canada. This bill proposes to change this law and broaden the offence to provide a more comprehensive response to the various manifestations of this crime.

The first way it does this is by expanding the offence so that proof that the accused knew that any part of the act would be violated, and not just the failure to have the necessary documents, would constitute smuggling. The focus then is on the smuggler breaching the act, as opposed to whether the smuggler knew that the individual did not have the documents. That specific knowledge, of course, is very difficult to prove in any prosecution.

The second way this offence would be broadened is by adding the mental element of recklessness to the offence. This would mean that a prosecutor could lead evidence showing that the accused was subjectively aware of the substantial risk, but without absolute certainty that the smuggled persons would be entering Canada in contravention of the requirements of the act, and proceeded despite the risk.

This is a fairly common term in our criminal law. It is probably expressed best in the concept of wilful blindness where essentially someone knows there is something wrong but proceeds anyway and suggests that he or she did not know specifically what was wrong. In fact, that person is wilfully blind. The law has never viewed that as an excuse. I think this amendment would bring the legislation into that stream of well-established law in Canada.

These amendments would provide our police and prosecutors the necessary tools to respond to human smuggling in all of its forms. Bill C-31 proposes mandatory minimum penalties for anyone convicted of human smuggling. Depending upon the circumstances of the offence, these mandatory sentences would range up to a maximum of 10 years for the most grievous offences such as those conducted for profit by a criminal organization or terrorist group, or endangering the lives or causing the death of smuggled persons.

These mandatory penalties are highly tailored and respond to the most harmful and dangerous manifestations of a practice that is done with little or no regard for any of those being smuggled. Similarly, this bill would increase the penalties for violations of the Marine Transportation Security Act, such as refusals to comply with a ministerial directive to leave Canadian waters or for providing false or misleading information to officials. In such cases, individuals would be liable for fines of as much as $200,000 and up to $500,000 for a subsequent offence. These changes will deliver a strong, clear message. It is a message that must be delivered before the next migrant vessel sails for our shores, and that risk is very real.

Bill C-31 will deter human smugglers from mounting such ventures. Indeed, we must do more than simply express our distaste for human smuggling. There is also the simple yet profound matter of exercising our right as a sovereign nation to protect our borders. Canada has the right to decide who enters this country and there is no question that Canada is very generous in that regard, as I indicated in my earlier remarks. At the same time, we have an international obligation to assist those in need.

The existing rules allow a foreign national or permanent resident entering Canada to be detained if an immigration officer considers that person's detention necessary in order to carry out a proper investigation to make sure that the person is who they say they are. This is nothing different from what happens in our courts on a daily basis. If someone goes to court and a court cannot identify them, that person will remain in custody, whether a Canadian citizen or not. That is the general rule in our criminal justice system. If someone cannot identify who they are and the court is not satisfied who they are, that is the regular rule applied within our criminal justice system. What this essentially does is to extend the same principle to foreigners and illegal migrants who come to our country and then demand entry. Our country must have the same rights that it exercises in respect of citizens who refuse to identify themselves with those who are not citizens or, indeed, those whom we have no idea who they are. This is prudent and it must be done. There is nothing in their background that would make them inadmissible to Canada, but we do not know who they are.

Detentions of this kind must be reviewed by the Immigration Review and Refugee Board within 48 hours, and again within seven days and, if necessary, every 30 days after that.

The system works well most of the time. However, it is not designed to deal with those who arrive en masse at one location, as was the case with the MV Sun Sea in 2010. Border officials did not have sufficient time to carry out the investigations so vital to protecting public safety. That is why the bill would give them the authority to declare the arrival of a group of people in circumstances such as the MV Sun Sea as an irregular arrival if the minister was of the opinion that their identity or admissibility could not be determined in a timely manner, or if there were reasonable grounds to suspect human smuggling done for profit by a criminal organization or a terrorist group. If a decision is made to designate the arrival, individuals who arrive under those circumstances would be detained until the Immigration Refugee Board determined they were refugees who needed Canada's protection. This would not apply to those 16 years of age or younger.

If they were still detained after one year, their detention would be reviewed at the Immigration and Refugee Board hearing, which would decide whether their detention would continue. At any point during that period, there would be the authority to order early release where exceptional circumstances existed. Subsequent detention review hearings, if necessary, would follow at six-month intervals. These mandatory detention provisions would not apply to individuals who are under 16 years of age.

As I said, these detention measures are needed in the context of irregular arrivals. They provide Canadian immigration law enforcement officials with sufficient time to examine and investigate individuals to determine the identity and admissibility of each and every individual. Presently, the officers do not have the time to process these individuals, and so in a number of cases the boards order the release of individuals whose backgrounds we do not know, that is, who they are and what criminal or terrorists organizations they may be associated with.

The determination of identity may take days, weeks, months and even years, particularly if individuals arrive with no documentation, as they often do. It also takes time to verify any documentation provided, in some cases from overseas. All migrants must be interviewed, and often several times. At the same time, the detention provisions ensure that those found to be refugees and those in exceptional circumstances would be released.

It is not just the number of irregular arrivals but also the complexity of the human smuggling offence and the clandestine, sophisticated and transnational nature of the venture that extend the time required for officials to fully process individuals attempting to enter Canada.

These human smuggling ventures are launched from areas of the world where terrorist and criminal groups are known to be active. The threat is real. It would be irresponsible for our government to allow individuals to enter our country without fully determining their true identity and whether or not they pose a threat to Canada and Canadians.

Common sense dictates that we know who is entering our country in the same way that it is common sense for the courts, on a daily basis, to determine now whether the individuals before them are who they in fact say they are. As I say, this happens with Canadian citizens all the time, and it needs to happen with irregular migrants.

Canada will continue to afford a fair and independent hearing to all eligible asylum seekers and will uphold our obligations under international law to protect those who are found to be refugees.

We have heard from Canadians across the country that they are concerned about the threat of the illegal migrant process in terms of it potentially allowing suspected criminals and/or terrorist-linked individuals into the country. That such individuals attempt to gain admittance to our country taints our entire immigration and refugee system. It could also compromise Canada's reputation as a country able to secure itself against individuals connected to terrorism or organized crime. Indeed, it is our government's priority to defend the integrity of our immigration and refugee system.

The changes we are proposing with the bill will enhance the safety and security of Canadians and, indeed, protect the integrity of our immigration system.

A past editorial published in the Globe and Mail stated the situation we are facing with regard to human smuggling very clearly:

For immigrants, scams and crimes are broken promises that lead to broken homes and a burden of debt owed to middlemen. For Canada, that often means the entry of the wrong people into the country, while others Canada would prefer are forced to wait, or never get their chance to come.

This is certainly something we all hear about in our ridings from individuals who are looking to bring family members into the country.

Every successful incident of human smuggling encourages these reprehensible operators to continue their predatory schemes. Every successful incident of human smuggling encourages more people to try to take advantage of Canada's generosity by convincing individuals to cut in front of those who have followed the rules, who have filed the proper papers and waited patiently for the opportunity to begin a new life in the best country in the world.

I urge all hon. members to support the bill and the fine work that our Minister of Citizenship, Immigration and Multiculturalism has done.

[Hélène LeBlanc, NDP, LaSalle—Émard, QC]

Madam Speaker, I would like to thank the hon. member for giving us such a clear example. As a Canadian, I see Mexico as a vacation destination, but we do not know everything that goes on there. It is often human rights experts and people from that country who can tell us what is happening. That is the case with Mexico but also with some European countries that are currently in the spotlight. We have spoken a lot about it with reference to Bill C-31. Often, eyewitnesses can come and tell us what is really happening. That is why, in a democracy, it is very important to have a system of checks and balances.

[Rosane Doré Lefebvre, NDP, Alfred-Pellan, QC]

Madam Speaker, I thank my colleague from LaSalle—Émard for her wonderful speech on Bill C-31. This is a huge bill that would reform our country's refugee process. Canada is a country that welcomes immigrants. She had much to say about human rights, which are very important to her.

This bill gives a great deal of power to the minister, who would be able to decide the fate of refugees on a case-by-case basis. Would it not be better to rewrite the entire bill to make the process fairer for refugees coming to Canada? I would like my colleague to comment on that.

[Hélène LeBlanc, NDP, LaSalle—Émard, QC]

Mr. Speaker, Bill C-31 threatens this common vision of hope and our collective desire to build a nation where compassion is the rule, a nation that opens its arms and offers a fair opportunity to those seeking asylum, safety and protection.

I must state clearly that Bill C-31 puts aside all the hard negotiated and balanced compromise on immigration reform that all parties, including the government, worked to achieve in the previous Parliament in former Bill C-11.

Unfortunately, the balance and the compromises that were achieved at the time have disappeared. Instead of punishing human smugglers, Bill C-31 attacks the refugees who are the victims of these unscrupulous people. Even more worrisome, the minister is giving himself certain powers that will jeopardize a system that must be fair and must honour international conventions.

Under Bill C-31, the minister will establish a list of safe countries and a list of countries that are considered unsafe. What is troubling is that this list will be established by the minister, rather than by a panel of experts in international relations, not to mention that this list will change depending on his assessment of the safety of the countries on that list.

In the previous more balanced immigration reform act, Bill C-11, the decision on whether or not a country was safe was left to a board of human rights advisers, not a minister with a red pen.

Perhaps most troubling of all, Bill C-31's unbalanced approach to immigration reform enables the minister to revoke the permanent resident status of former refugee claimants if the minister decides that their country of origin is no longer threatening.

There are many permanent residents that have made my riding their home. It can take years for someone to obtain permanent resident status, as many of my constituents know. Imagine the anxiety they would feel, how vulnerable they would be to know that the minister could revoke their status on a whim, just as they have begun to rebuild their lives.

In the meantime, these constituents have settled in Montreal. They have made friendships and have married. They have worked hard to make a living so that one day their children can go to school, college and university, and participate in our society. They have come to build lives and share in the prosperity and security that too many of us born here take for granted.

My colleagues know as well as I do that when the government makes rash decisions, our constituency offices are the first to hear about it. Our constituents turn to us when they can no longer count on government services, for example, because the delays have become untenable or because the process has become fundamentally unfair.

We respond to calls from our constituents who hope to be reunited with a spouse overseas and who, after months and years, can no longer wait and confess to us that their marriage is about to fall apart. We open our doors to mothers who come with their children, begging us to intervene because they are about to be deported in less than two hours and they are overtaken by desperation.

Decisions made by governments have very real and very human consequences, often far from Ottawa; we see that every day. The government needs to put more resources into processing requests, well-trained human resources that can meet the demand.

Bill C-31 epitomizes this government's callous vision of a society made up of two classes of citizens: good Canadians and those whom the Conservatives consider profiteers.

It is no accident that Canada is called the “new world”. Our country is a land of immigrants, a land that welcomes immigrants, a beacon of safety and hope and opportunity for a better life. That is the Canada whose values I stand for.

That is why I am urging the government to forget about Bill C-31, as it forgot about its predecessor, Bill C-4. I am asking the government not to repudiate the historic compromises that all parties achieved when they reformed our immigration system by passing Bill C-11 during the previous Parliament.

Those are the reasons why I oppose Bill C-31.

The House resumed from March 12 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.

[Jason Kenney, Conservative, Calgary Southeast, AB]

I would say that, for the vast majority of refugee claimants, Bill C-31 will lead to further verifications of their case, since we are suggesting that a refugee appeal section be created for claimants whose application is denied by the Refugee Protection Division. That way, the vast majority of women who are denied by the IRB at the first hearing will have access to a thorough appeal process.

I think that’s a positive change for female refugee claimants, especially the ones who come from countries that are well known for the persecution of and violence against women.

[Sadia Groguhé, NDP, Saint-Lambert, QC]

Female refugees are more likely than male ones to come from countries generally considered to be safe. How will the new provisions of Bill C-31 take into consideration that gender-based data?

[Sadia Groguhé, NDP, Saint-Lambert, QC]

Only one minute? Okay.

Female refugees are more likely than male ones to come from countries generally considered to be safe. How will the new provisions of Bill C-31 make it possible to take that gender-based data into consideration?

[Ted Opitz, Conservative, Etobicoke Centre, ON]

Thank you, Mr. Chair.

Minister, yesterday when I rose in the House and I spoke on Bill C-31, I referred to seven different examples of serious criminals—and some of them you just mentioned yourself—who had been removed from Canada and re-entered numerous times, and of course sometimes four or eight or ten—up to 21 times. I noted that you said four and eight, but some of these get quite extreme.

I think most Canadians would find that these numbers are shocking and would want to stop this. I see that in supplementary estimates (C) there is a section on funding for biometrics. But I also note that the opposition—both NDP and Liberals—voted against this funding, which I find disappointing.

Can you please tell us what you think about using biometrics overall and whether it will be effective in preventing serious criminals from using Canada basically as a revolving door over and over again?

[Jason Kenney, Conservative, Minister of Citizenship]

Thank you.

Thank you, Mr. Chair and colleagues.

I am joined by Peter Sylvester, Associate Deputy Minister; Claudette Deschênes, who is obviously the Assistant Deputy Minister and whom you are very familiar with; Catrina Tapley, Associate Assistant Deputy Minister; and Amipal Manchanda, Chief Financial Officer.

Thank you, colleagues. Today, I am pleased to present to the committee supplementary estimates (C) 2011-2012.

I would like to use my appearance before this committee to thank all of you for the important report you submitted in the House of Commons last week, titled “Cutting the Queue: Reducing Canada's Immigration Backlogs and Wait Times.”

Your committee did a thorough job in examining this issue of backlogs and wait times in the immigration system. The evidence you gathered and the constructive recommendations you made will be very helpful for my department going forward, and I can assure you that a formal government response to the report will be forthcoming.

The Department of Citizenship and Immigration is keenly focused on finding solutions to the long-standing issue of wait times and backlogs. I would go even so far as to say that eliminating backlogs is possibly the biggest challenge for Canada's immigration system in general at this point in time.

As members of this committee are well aware, backlogs simply aren't fair. They aren't fair to those applicants hoping to immigrate to Canada, who can be forced to wait for years—sometimes eight years or longer—merely to find out whether their applications will be successful, in the meantime often putting their lives on hold, nor are they fair in serving Canada's interests; they hurt our economy. We need fast and uncomplicated procedures to get talented newcomers into Canada's labour market to meet immediate as well as longer-term needs and to help ensure that our country remains a destination of choice for the best and brightest from around the world.

Mr. Chair, there are people from every corner of the globe with skills our economy needs now, and they want to come to Canada. But it is hard to welcome them now if some of our focus is on processing people with skills we needed five years ago, or people we may not have needed then.

We hope to bring younger skilled immigrants to Canada because they will be active members of the Canadian workforce for much longer than older immigrants. We don't want those skilled immigrants growing older as they pointlessly wait in a queue for years before we can welcome them to Canada and make use of their talents.

As your report outlines, CIC has made a number of strides over the past few years in our efforts at reducing the backlogs that plague our immigration system, but we have some way to go before we can claim success. We are examining other possible ways of further reducing the backlogs, and many options are on the table.

We are looking at how other countries with similar immigration systems have dealt with this challenge. New Zealand and Australia have had notable success; for instance, by introducing changes in recent years that have made their systems nimbler and more flexible in dealing with modern labour market realities than before. Of course, as we continue to tackle this problem we will be taking into account the recommendations that this committee recently made.

You will note in the main estimates for the coming fiscal year that we are devoting additional resources toward our efforts in this area, although, as your committee understands, the problem with backlogs in our permanent residency programs is not a problem of a lack of operational resources. Canada has welcomed the highest sustained levels of immigration in our history over the past few years—more than a quarter of a million a year, on average—and we are welcoming the highest per capita number of immigrants in the developed world, at just under 0.8% of the population per year.

We are meeting our targets and in some years exceeding them. The problem is not that we are failing to meet targets because of a lack of operational resources. The problem, as you understand, was a policy mistake in the past that loaded into our system a potentially infinite number of applications, with the legal obligation to process all of them, even though, of course, in our managed immigration system we only admit a finite number of people based on our targets. The annual surplus of applications received over the number of immigrants admitted over time built up these huge backlogs, and they will not be eliminated without taking significant steps.

As you know, the government has introduced a number of measures in recent months that are designed to strengthen the integrity of the immigration system, whether it be our anti-fraud initiatives, our efforts to crack down on human smuggling, or the measures to further reform our refugee system, introduced last month as part of Bill C-31, the Protecting Canada 's Immigration System Act.

That bill contains important measures to provide legal authority for creating a biometric visa system. We plan to use biometrics as an identity-management tool in the immigration system beginning next year, and, of course, Bill C-31 will enable us to do so. Mr. Chair, I am very excited about this development because I think it is a long-needed and historic improvement to the integrity of our immigration system.

In our existing system, people who are applying to Canada for temporary resident visas or for study or work permits only need to initially provide written documents to support their applications. But documents can be easily forged or stolen. Biometric data—essentially photographs and fingerprints—are much more reliable and less prone to forgery or theft. Implementing biometrics will therefore strengthen immigration screening, enhance security, and help reduce identity fraud, and in so doing, we believe, it will facilitate the travel to Canada of legitimate visitors, because we will have a greater degree of confidence that they are who they claim to be, that they are admissible, that they do not pose a security risk. Over time, tools such as biometric visas could very well result in a higher acceptance rate for temporary resident visas and in better service for the many—the vast majority—who are bona fide travellers.

At the same time, it will prevent known criminals, failed refugee claimants, and previous deportees from using a false identity to obtain the Canadian visa. I can't stress how important this is. We are aware of many cases in which foreign criminals received convictions in Canadian courts and were lawfully deported, only to come back into Canada under false documents—fake passports—and when they went to obtain a visa at a Canadian mission with their fake documents, which looked authentic, we were unable to identify that they had been deported from Canada.

Some of these cases are shocking. We have the case of Anthony Hakim Saunders. He was deported ten times on convictions including assault and drug trafficking and kept coming back to Canada under false documents. We had Edmund Ezemo, convicted of more than thirty counts of criminal conduct, including theft and fraud; he was deported eight times and kept getting back into Canada—on fake documents, we presume. I suppose theoretically he could have snuck in across the U.S. land border or snuck in some other way, but we suspect that this individual came in under fake documents.

Dale Anthony Wyatt, convicted multiple times of trafficking of illegal substances and possession of illegal weapons, was deported four times and came back to Canada at least three times.

Mr. Chairman, this is unacceptable. It has to stop, and only a biometrics visa system will give us the tools to stop it.

In a time of global uncertainty, Mr. Chairman, and when our own domestic labour force is aging, the government recognizes that immigration is vital to our long-term economic health and international competitiveness. We want our immigration system to fuel our future prosperity. To let it do so, we need to select those newcomers who are ready, willing, and able to integrate into our labour market and fill roles in our economy that have existing shortages.

As the Prime Minister said in his speech in Davos, Switzerland, earlier this year:

...we have maintained the high levels of immigration that our ageing labour force of the future will require. .... We will ensure that, while we respect our humanitarian obligations and family reunification objectives, we make our economic...needs the central goal of our immigration efforts in the future.

And so far we have taken action toward that end.

We have introduced the Canadian experience class, allowing foreign students and higher skilled temporary foreign workers to transition into permanent residency on a fast-track basis, a model program for success for newcomers.

We've brought in the action plan for faster immigration, which has started to bring the number of applications under control, and the new applications under the identified occupational categories for those with a prearranged job are coming in on a fast-track basis.

We of course improved the integrity of the system, cracking down on crooked immigration consultants and on various forms of fraud, including most recently immigration marriage fraud.

We have worked with our provincial partners to improve foreign credential recognition of newcomers through the pan-Canadian framework. The result is that we've seen a much better geographic distribution of newcomers through our huge expansion of the provincial nominee program.

I could go on, but let me conclude by saying that I look forward in the months ahead to introducing additional and essential reforms that will constitute transformational change of Canada's immigration system to ensure that newcomers who arrive succeed, because when they succeed, Canada succeeds.

Thank you. I look forward to your questions.

Protecting Canada's Immigration System Act

[Hélène LeBlanc, NDP, LaSalle—Émard, QC]

Mr. Speaker, it is an honour and a privilege to rise in the House today and speak to Bill C-31 on behalf of the people of LaSalle—Émard. It is a privilege that is becoming increasingly rare, given that 18 time allocation motions have been moved in this 41st Parliament.

Bill C-31, entitled Protecting Canada's Immigration System Act, is in fact a recasting of several bills previously introduced in the House of Commons. The bill amends the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act, the Marine Transportation Security Act and the Department of Citizenship and Immigration Act. Furthermore, these amendments give greater discretionary powers to the Minister of Citizenship, Immigration and Multiculturalism.

Before I outline some serious concerns I have about this bill, I would like to say a few words about my riding. According to the 2006 census, the riding of LaSalle—Émard has 27,000 constituents who were born in other countries. Just over 25% of my riding's population consists of immigrants. Almost 6,000 of them have arrived within the past seven years. Just like our ancestors, some of these newcomers have fled economic destitution, religious persecution or the ravages of war and revolution. LaSalle—Émard is a mosaic of French, English, Italian, Greek, Indian, African, Chinese and Lebanese communities. We live side by side with respect and admiration for one another, as well as tolerance for our differences.

Having moved to a foreign land where they have few allies, new Canadians face phenomenal challenges. They must learn a new language, new customs and a new collective history. Without exception, they must master a new way of life in a world where the guideposts can be completely different. They work in order to earn a living with dignity. They study and pay for courses in order to obtain recognition of degrees they earned elsewhere.

The new Canadians living in LaSalle—Émard send their children to school, CEGEP and university. They pass on to their children what their journey has taught them: the discipline of work, applying themselves and perseverance. At the same time, they have a sense of community and co-operation, which reminds me every time that there is strength in numbers, that prosperity is shared, and that if an individual can face a thousand challenges, a united community can face an unlimited number of challenges.

I see this in my very diverse contacts with members of the Italian community, the worshippers at the Sikh temple and the young married couples in the Pakistani and Nigerian communities, or when celebrating the Chinese new year. Despite our different backgrounds, we all share the impulse of wanting to distinguish ourselves through our efforts, our talents and our desire to excel. We all know that Canada is a land of immigrants and second chances. For these reasons, southwestern Montreal is a mosaic that reflects Canada's reality. Those are our values.

Bill C-31 threatens this common vision of hope and our collective desire to build a nation where compassion is the rule.

[Jasbir Sandhu, NDP, Surrey North, BC]

Mr. Speaker, I will be splitting my time.

I rise today to speak 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.

Before I get to that, we have heard in the House that in the previous Parliament, Bill C-11 was passed. I want to quote what a member of the government was saying at that time. He said:

I am pleased to report that the proposed reforms in the original version of Bill C-11 received widespread support. However, many concerns were raised in good faith by parliamentarians and others concerned about Canada's asylum system. We have, in good faith, agreed to significant amendments that reflect their input, resulting in a stronger piece of legislation that is a monumental achievement for all involved.

Who said that? The current Minister of Citizenship and Immigration. I quote him further. He said, “I am happy to say, create a reform package that is both faster and fairer than the bill as it was originally tabled”. He even praised how parties worked together to reach consensus and come up with that bill that worked for all parties. He went on to say, “Miracles happen”.

He further went on to say that the government took constructive criticism into account and recognized the need to work together. That was just a year ago. That was Bill C-11. All of the parties worked together to come to a consensus that would deal with some of the issues such as backlogs, having a fairer system for refugees, and so forth. He went on further to say, “The reforms we are proposing should have been implemented a long time ago”.

What has changed since June 2010 until now? Is it because the Conservatives got their slim majority and they are bringing out their hidden agenda? Instead of catching the smugglers, now they want to punish the refugees.

I will outline my concerns in regards to Bill C-31.

Bill C-31 is basically an omnibus refugee reform bill that combines the worst parts of the former Bill C-11, Balanced Refugee Reform Act, from the last Parliament, with Bill C-4, , preventing human smuggling, from this Parliament. It has basically three main purposes: a repeal of most of the compromises from former Bill C-11. It reintroduces Bill C-4, preventing human smuggling, which targets refugees instead of the smugglers. It introduces the collection of biometrics for temporary residents.

Bill C-31 would concentrate more power in the hands of the minister by allowing him to name safe countries and restrict refugees from those countries. Under the former bill, Bill C-11, this was to be done by a panel of experts, including human rights experts. Refugee claimants from safe countries would face extremely short timelines before hearings, 15 days. They would have no access to the Refugee Appeal Division in the event of a bad judgment. They would have no automatic stay of removal when filing for a judicial review and could not apply for a work permit for 180 days. It would also limit access and shorten timelines to file and submit a pre-removal risk assessment application and evidence.

Not only would the minister have the discretion to designate countries of origin, safe countries, the minister would also have the power to designate a group as an irregular arrival and determine what condition would be placed on those designated as refugee claimants.

Let us take a look at the designated countries of origin, DCOs. Designated countries of origin would be countries which the minister believes do not produce legitimate refugees, usually because they are developed democracies. The designated countries of origin would be decided by the minister, not by experts as was previously agreed to with the consensus of all parties.

Refugee claimants from the designated countries of origin would face a much faster determination process and a faster deportation for failed claims. Furthermore, an initial form would be filed in within 15 days.

Failed designated countries of origin claimants could be removed from Canada almost immediately, even if they asked for a judicial review. In other words, a person could be removed before his or her review was heard. DCO claimants would have no access to the new refugee appeal division.

There are a number of concerns with this. The accelerated timeline of 15 days would make it difficult for people to get proper legal representation. This could lead to mistakes and subsequently a negative decision. Legal experts have warned that these accelerated timeframes and restricted access to the refugee appeal division would create an unfair system.

Furthermore, the effect of the accelerated deportation would mean that people would be removed from the country before the legal process had run its course. The refugee appeal division should be available to all claimants.

There are also concerns in regard to changes to the humanitarian and compassionate consideration. The humanitarian and compassionate consideration is a tool whereby a person can stay in Canada despite not being eligible on other grounds. Under Bill C-31, claimants waiting for an IRB decision could not apply for humanitarian and compassionate consideration at the same time. A person would have to choose at the beginning whether he or she wanted to file for refugee status or for humanitarian or compassionate consideration.

Failed refugee claimants could not apply for humanitarian and compassionate consideration for one year following a negative decision, by which time they would likely be deported.

There are a number of concerns with this aspect of the bill. This strips much of the usefulness from the humanitarian and compassionate consideration. Humanitarian and compassionate consideration is a very important tool in our immigration system. Many people whose refugee was claim denied could nonetheless have a legitimate claim on humanitarian and compassionate grounds. Therefore, a failed refugee claim should not get in the way of humanitarian and compassionate consideration.

Another part of this bill that concerns me is clause 19(1) which adds new language into the loss of status section for permanent residents. It adds that existing criteria for ceasing refugee protection can be a reason to lose permanent residency status. Included in the list is if the reasons for which the person sought refugee protection have ceased to exist.

In summary, there are many concerns with this bill. The new bill does not address some of the needs of our current system. The Conservatives are playing politics with refugees, and concentrating excessive and arbitrary powers in the hands of the minister. The Conservatives continually frame their draconian legislation in terms of bogus refugees and those abusing the system, but what they are really doing is punishing refugees with ineffective measures that will not stop human smuggling.

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

Mr. Speaker, the hon. parliamentary secretary and a number of members of the Conservative Party who have spoke to Bill C-31 have talked about the cost savings. I have yet to see anything about what it will cost to have the families that arrive in Canada. We know that the refugee claimants who are deemed to arrive by irregular entry are to be detained for up to a year; that is, men, women and children 16 and over. They are still children between 16 and 18 under international law. The children under 16, if we use what happened with the Sun Sea as an example, are likely to stay with their mother in incarceration.

What will all of that cost the Canadian economy and are the figures the Conservatives are using about cost savings netting out the costs of jailing refugee families?

[Eve Adams, Conservative, Parliamentary Secretary to the Minister of Veterans Affairs]

Mr. Speaker, thank you for the opportunity to speak in the House today on Bill C-31, the protecting Canada's immigration system act. I congratulate my hon. colleague, the Minister of Citizenship, Immigration and Multiculturalism, for tabling this important legislation. I encourage all members of the House to join me in supporting Bill C-31 to ensure that it passes into law.

Canada has a proud humanitarian tradition of providing protection to those who need it. Every year of the roughly 20 countries that resettle refugees, Canada annually resettles between 10,000 and 12,000, or one out of every ten refugees resettled globally.

In fact, my father came to Canada as a refugee and today I find myself in this hallowed chamber because of Canada's generosity and compassion. My parents worked hard for years, raised a family and created jobs for Canadians. They were always grateful to Canada and proud of their new homeland.

There is no doubt that our government is committed to continuing this proud tradition of ours. That is why we will uphold Canada's previous commitments to resettle more refugees. By 2013, Canada will resettle up to 14,500 refugees, an increase of 2,500 refugees since 2010. That is an increase of 2,500 refugees.

Our generous immigration system is not only the envy of the world but also enjoys broad support among Canadians.

What concerns us is that in 2011, 62% of all claims were either rejected by the Immigration and Refugee Board of Canada or were abandoned or withdrawn by the claimants. Considering that this represented more than half of all asylum seekers last year, Canadians would agree that far too many taxpayer dollars are being spent on these claims. Indeed, for the average failed refugee claim, taxpayers are currently footing about $55,000.

The bill is in the best interests of Canada and of genuine refugees themselves, but do not just take it from me. Listen to what the experts have to say. Immigration lawyer, Richard Kurland, called the Minister of Citizenship, and Immigration a “loophole closer”. Kurland said:

Finally someone recognized that the open wallet approach of the past, offering free education, free medicare, and a welfare cheque to anyone who touched Canadian soil making a refugee claim was not the right thing to do. So I’m glad to see today that finally, after several years, someone has the political courage to take the political risk of saying, if you’re from a European country and you can land in London or Paris or Berlin, fill out paperwork, and legally live there, work there, pay taxes there, you shouldn’t be allowed to make a refugee claim in Canada. Buttress that with this reality check. Over 90 percent, and in some years 95 percent, of the target group, the Roma claimants, didn’t even show up for their oral hearings. They rode on the taxpayer.

We were just taken for a ride by a lot of people for a long time. Today that loophole is dead, and I really hope the word gets out to the smuggler community and back to source countries to not try it.

Julie Taub, immigration lawyer and former member of the Immigration and Refugee Board, says:

I can tell you from theory and practice that the current refugee system is very flawed and cumbersome and definitely needs an overhaul. It takes up to two years to have a claimant have his hearing and there are far too many bogus claims that clog up the system and use very expensive resources at a cost to Canadian taxpayers.

Immigration lawyer, Mendel Green, in support of the government changes, says:

The system is being re-designed to stop the abuses.

Paul Attia, from Immigrants for Canada, says:

Immigrants for Canada (IFC) represents the views of countless immigrants across our nation who hold strongly to the view that Canadian immigration policy should always be in Canada's best interests. The immigrants IFC represents worked very hard—

—like my father and mother in fact—

—and sacrificed much to arrive on Canadian shores, and who chose to do so in an honest and legal way. Accordingly, these same immigrants welcome legislation that works to ensure that people who have no valid claim to our protection are not able to use the refugee determination system to obtain permanent residence in Canada.

Julie Chamagne, executive director of Halifax Refugee Clinic, says:

We don’t want people coming here and taking advantage of Canada’s immigration rules. And you know, that does hurt the legitimate claims and that’s what [the Minister of Citizenship and Immigration] is saying.

Even the Globe and Mail applauded the government for bringing in needed refugee reform. It writes:

The legislation rightly focuses on weeding out claimants who are not genuine, and stemming the flow of asylum seekers from countries...that are democracies with respect for basic rights and freedoms.

These experts support our government's actions to create a refugee determination process which is both faster and fairer.

The facts speak for themselves. Legitimate refugees would have their case determined faster and would not have to wait in a queue, while bogus refugees took their spot.

In recent years, over 95% of European Union claims were withdrawn, abandoned or rejected. The total number of refugee claims from the E.U. in 2011 was 5,800. We received more refugee claims from the E.U. than from Asia and Africa, and it is a 14% increase over 2010. Something needs to be done. These numbers are just too dramatic and growing too quickly. The percentage of total refugee claims coming from the E.U. in 2011 was 23%, again more than came from Africa or Asia.

Canada's top source country for refugee claims was Hungary. The percentage of total refugee claims coming from Hungary in 2011 was 18%. My mother is Hungarian. The number of refugee claims from Hungary alone in 2011 was 4,400. That is up some 50% from 2010, a very dramatic increase. By comparison, in that same year, 2011, Belgium received only 188 claimants from Hungary, the U.S. received only 47 claimants from Hungary and France and Norway each received 33 claimants from Hungary. Therefore, for some reason, people are deciding to apply to Canada. I would suggest it is because we are being far too generous. The number of refugee claims made by Hungarian nationals in 2010 was 2,300.

One-quarter of all claims are coming not from war-torn countries ruled by tyrants and plagued by persecution, but instead from democratic European allies. If this trend continues, that means that the unfounded claims from the 5,800 E.U. nationals who sought asylum last year will cost Canadian taxpayers nearly $170 million. Bogus refugee claimants do not only stop legitimate refugee claimants from gaining asylum, they also place a large burden on every taxpaying Canadian. We need to send a message to those who would abuse Canada's generous system that if they are not in need of legitimate protection, they will be sent home quickly.

In order to remove a failed refugee claimant from Canada, it still takes an average four and a half years from claim to removal and some removals have dragged out for more than a decade. While they are still in Canada, these failed claimants are eligible to receive social benefits. This contributes to their overall economic burden on Canadian taxpayers. At the end of the day, there is only one taxpayer, whether they are drawing social supports off the property tax bill, health and education supports off the provincial bills or from our federal tax coffers. For many years, Canada has spent far too much time, effort and money on failed refugee claimants who do not need our country's protection. This hurts those who very much do need our protection.

The refugee reform measures in Bill C-31 build on the reforms that were passed in the House in June 2010, as part of the Balanced Refugee Reform Act. These measures would help prevent abuse of the system and would help ensure that all of our refugee-determined processes would be as streamlined as possible. The reforms proposed in this bill will speed up the processes of both deciding on refugee claims and on removing failed claimants. The cost to taxpayers of bogus refugee payments from the E.U. alone is $170 million per year. This bill would save an additional $1.65 billion over five years in social assistance and education costs to our provinces. Hard-working Canadians need to see better use of their tax dollars. They cannot afford bogus refugees. We need to crack down on the illegal abuse, while still showing compassion to those who genuinely need our help.

[Ted Opitz, Conservative, Etobicoke Centre, ON]

Mr. Speaker, I will be sharing my time today with the member for Mississauga—Brampton South.

I am happy to have the opportunity to speak to Bill C-31, protecting Canada's immigration system act. Canadians have given us a strong mandate to protect Canada's immigration system and we are acting on that mandate.

Bill C-31 would make significant improvements for our refugee system. It would crack down on human smuggling and provide the government with the ability to collect biometric data from foreign visitors to Canada. This legislation would make Canada's refugee system faster and fairer. It would put a stop to the abuse of our generous immigration system while, at the same time, provide protection more quickly to those who are truly in need.

Bill C-31 is the latest step by our Conservative government to ensure that our immigration system is no longer being abused by foreign criminals, bogus refugee claimants and human smugglers.

Today, I will focus my remarks on the provisions included in this bill pertaining to biometrics.

Canadians from coast to coast to coast have told our government that the safety and security of their families is one of their top priorities. They want their government to pursue policies that keep criminals off the streets and foreign criminals out of the country. They should expect no less. Our Conservative government has listened and is doing exactly that. Bill C-31 would provide the government with the authority to collect biometrics, fingerprints and photographs from foreign nationals who want to enter Canada. Security experts from across the globe agree that fingerprints are one of the most effective ways to determine the true identity of an individual and to combat identity theft and fraud.

Biometrics would be an important new tool to help protect the safety and security of Canadians by reducing identity fraud and identity theft. As fraudsters become more sophisticated, biometrics would improve our ability to keep violent criminals and those who pose a threat to Canada out. In short, biometrics would strengthen the integrity of Canada's immigration system and help protect the safety and security of Canadians while helping to facilitate legitimate travel.

The use of biometrics would put Canada in line with most other western countries that are already using or preparing to use biometrics in immigration matters, countries including the United Kingdom, Australia, the European Union, New Zealand, the United States and Japan, among others. Unfortunately, there are countless examples of serious criminals, human smugglers, war criminals and suspected terrorists, among others, who have entered Canada in the past.

I want to provide the House and all Canadians with some real-life examples of cases that clearly demonstrate the need for biometrics to be implemented. For example, Esron Laing and David Wilson were convicted of armed robbery and forcible confinement. They returned to Canada three different times. In fact, they are known as the yo-yo bandits because, just like a yo-yo, they kept coming back. I know that three times seems like a high number but I am sad to say that many serious criminals are deported and manage to return Canada many more times than that.

Another example is Anthony Hakim Saunders who was convicted of assault and drug trafficking. He was deported on 10 different occasions and, just like the yo-yo bandits, he kept coming back. Edmund Ezemo was convicted of more than 30 charges, including theft and fraud. He was deported and then subsequently returned to Canada eight times. That is incredible. Dale Anthony Wyatt was convicted of trafficking drugs and possession of illegal weapons. He was deported and returned to Canada on at least four separate occasions. Kevin Michael Sawyers was convicted of manslaughter. He was deported and returned to Canada twice. Melando Yaphet Streety served a jail sentence in Canada after he was linked to four underage girls working in Toronto's sex trade. This criminal was deported and then returned to Canada within the same year. Once he returned to Canada, he continued his life of crime.

My final example is the case of a human smuggler from Iran who the IRB found has repeatedly engaged in the despicable crime of human smuggling. There really are few crimes lower than human smuggling. He was removed in 2007 after he arrived in Canada with a suitcase full of fraudulent identification in his briefcase. However, using false documents yet again, he managed to enter Canada a year later.

Unfortunately, this is only a small sample of the serious criminals entering and re-entering Canada. There are even cases in which serious criminals were able to re-enter Canada 15, 19, and even 21 times using false identities and documents. This absolutely has to stop.

Our officials are very highly trained and do their best to catch identity theft and fraud. However, fraudsters have become more sophisticated, and so have the documents they produce. Biometric data will go a long way to determining the true identity of criminals and preventing them from entering Canada in the first place.

After years of inaction by previous governments, our Conservative government is taking the prudent action required to end this. We will be unwavering in moving forward on the implementation of biometrics.

Unfortunately, we are moving forward without the support of the opposition. The NDP and the Liberals are opposing this bill and the authority to implement biometrics as an integral part of this bill. Not only do they not support the implementation of biometrics included in this bill, but the opposition also voted against the funding needed to put biometrics in place. In other words, the opposition NDP and the Liberals have repeatedly voted against our government putting a stop to serious criminals, like the ones I listed above, from entering Canada and living in neighbourhoods among their constituents, my constituents, and all Canadians who just want to protect their families from foreign criminals.

The opposition is on the wrong side of Canadians on the issue of biometrics. They are off-side with the numerous security experts and other stakeholders who have praised our government's decision to move forward with biometrics. For example, according to The Globe and Mail, the implementation of biometric identification such as fingerprints and photos for people who apply for visitor's visas is a “...welcome change [that] will guard against the use of false identities”.

The Montreal Gazette had this to say:

The collection of biometric information is a sensible security precaution that will be a valuable tool in preventing people from slipping into the country with false identities.

On this side of the House we believe in facilitating the process for legitimate travellers and we have taken several steps toward that end. However, our government also takes seriously its responsibility to keep serious criminals, suspected terrorists, and war criminals, among others, out of Canada.

Canadians, including my constituents in Etobicoke Centre, have made it clear that they want us to take action to protect their safety and security. That is exactly what our Conservative government is doing with Bill C-31. Biometrics is one of the most effective ways to ensure that criminals can no longer use increasingly sophisticated false documents to enter Canada.

In short, biometrics will strengthen the integrity of Canada's immigration system. In fact, all of the changes included in Bill C-31, the protecting Canada's immigration system act, are aimed at deterring abuse of Canada's generous immigration and refugee system. With these proposed measures, the integrity of Canada's immigration programs and the safety and security of Canadians will be protected.

I urge all members of this House to stop and listen for a moment, to support this important bill and ensure its timely passage in this House.

[Matthew Kellway, NDP, Beaches—East York, ON]

Mr. Speaker, as yet another member of the citizenship and immigration committee, I am pleased to stand and talk to Bill C-31, although I am disappointed to have to do so under time allocation.

Bill C-11 of the previous Parliament, which Bill C-31 seeks to replace, is due to come into effect in June 2012, a mere three months from now. Bill C-11 was a product of a minority Parliament, but according to the minister, it was also the product of good faith, something that should guide the way that all Parliaments, minority and majority alike, function.

The minister told Canadians that he listened to all the speeches on Bill C-11 and that:

During the debates and consultations, the government took constructive criticism into account and recognized the need to work together with the opposition to design a bill that reflected the parliamentary consensus.

What emerged from this approach to developing legislation, according to the minister himself, was “a stronger piece of legislation...a bill that is both faster and fairer than the bill as it was originally tabled”.

That progress, that monumental achievement for all involved, as the minister once described Bill C-11, is now about to revert to the slower, less fair, weaker piece of legislation in the form of Bill C-31 and the collective wisdom that informed Bill C-11 all but erased. What is left is a bill characterized by a terrible irony.

This is a bill that is meant to set out how to treat people who have fled their country of origin on the basis of persecution or fear of persecution on grounds that are protected by human rights laws and convention. Yet this is a bill that is dismissive, if not actually contemptuous of the rights and freedoms that Canadians and citizens of many other countries around the world feel are fundamental.

The Canadian Charter of Rights and Freedom, for example, is not reflected in the bill. Bill C-31 carries over from Bill C-4 the power of the minister to create a second, or in the terms of the bill, a “designated” class of refugee that face mandatory detention upon arrival. Such detention in the absence of good reason and sound process clashes with section 7 of our charter, which provides for the right to life, liberty and security of the person.

Further, group detention of refugees implies the detention of individuals without specific assessment and therefore grounds. Such arbitrary detention raises a violation of section 9 of our charter, and that is the right not to be arbitrarily detained or imprisoned.

The fact that there is no review of the detention for at least 12 months raises further issues. Section 10 of the charter requires that everyone arrested or detained has the right to be informed promptly of the reasons therefore, retain and instruct counsel and to be informed of that right, to have the validity of the detention determined within 48 hours and to be released if the detention is not lawful.

These are not the rights and freedoms of Canadians alone. They are what we call “human rights” and we consider them to be inalienable. In the language of our charter, they “belong to everyone”.

Long before our charter, we were signatories to the Charter of the United Nations. As a signatory to the UN charter, we reaffirmed our “faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small...”

What follows is our signature on a number of United Nations declarations and conventions and our participation in that organization all for the purpose of putting these beliefs into practice. Most relevant to today's debate is the International Bill of Human Rights, the Convention and Protocol relating to the Status of Refugees and the Convention on the Rights of the Child. Today I would like to focus on the latter and the treatment of children under Bill C-31.

Bill C-31, as we know, reintroduces Bill C-4 to the House with some minor changes. One of those changes is with respect to the treatment of children in that Bill C-31 does not commit children to detention, but nor does it say what becomes of the kids who arrive in a group that the minister declares irregular.

International declarations with respect to the rights of the child go back almost a century. Over this time, what has remained constant in the successive iterations of such rights and the recognition that: children embody human rights; that they are entitled to special safeguards, care and assistance, including appropriate legal protection; that, “for the full and harmonious development of the child”, they should grow up in a family environment.

And finally, and therefore:

...the family, as the fundamental group of society and the natural environment for the growth and well-being of all its members and particularly children, should be afforded the necessary protection and assistance....

Such consideration and commitments to children and their families who form part of an irregular arrival are nowhere to be found in Bill C-31.

Interestingly, and hopefully instructively, others have gone before us to measure the impacts of mandatory detention of child refugees against the Convention on the Rights of the Child.

Australia, as the government side will know, has a mandatory immigration detention system. It applies to children who arrive in Australia without a visa, so-called “unauthorized arrivals”. The Australian Human Rights Commission studied the impacts of this system and concluded that this system breached the following convention provisions: article 37(b) and (d), which is to ensure that detention is a measure of last resort for the shortest period of time and subject to effective independent review; article 3.1, which is to ensure that the best interests of the child are of primary consideration in all actions concerning children; article 37(c), which is to ensure that children are treated with humanity and respect for their inherent dignity; and article 22.1, article 6.2 and article 39, which all protect the right of children to receive appropriate assistance, to ensure recovery from torture and trauma, to live in an environment which fosters health, self-respect and dignity, and to enjoy to the maximum extent possible their right to development.

It further found that children in immigration detention for long periods of time were at high risk of serious mental harm and that the failure of its country, Australia, to remove kids from the detention environment with their parents amounted to cruel, inhumane and degrading treatment of those children in detention.

In short, the commission recommended the release of children with their parents and that immigration detention laws be compliant with the convention and based on a presumption against the detention of children for immigration purposes.

I have taken this time to review the findings of the Australian Human Rights Commission because it is a cautionary tale. Australia has gone before us down this path of immigration detention and, if it were not already obvious, there is at least now laid at the feet of the government more than ample evidence to suggest that it proceed with the detention of children and their parents in full understanding that such action is in conflict with the Convention on the Rights of the Child and causes harm to children and their families.

It is, in part, I am sure, because for our historic commitment to human rights, that from time to time people end up on our shores seeking safe haven or asylum from persecution and yet Bill C-31 proposes to deny to others the very rights and freedoms that define this country for ourselves and in the international community and make us so proud to be citizens of it.

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

Mr. Speaker, I will be sharing my time with the member for Beaches—East York.

I rise today to add my strongest objection to Bill C-31, the Protecting Canada's Immigration System act. I find it ironic that the bill would be given this title. It would do anything but protect our immigration system. In fact, the bill would set out to dismantle our immigration system, damaging it legally, socially, morally and internationally. I find the omnibus nature of the bill very disturbing.

This particular bill groups together two major pieces of legislation, Bill C-4, the Preventing Human Smugglers from Abusing Canada's Immigration System act, and C-11, the Balanced Refugee Reform act from the last Parliament. Then it introduces the mandatory collection of biometrics for temporary residents. These are three major issues that deserve adequate attention and debate.

I have already stood in the House and expressed my strong objection to C-4, yet components of the bill reappear here in C-31. The bill would attack refugees rather than human smugglers. By placing an overwhelming amount of power in the hands of the minister, the bill would allow the minister to designate a group of refugees as an irregular arrival. If the minister believed, for example, that examination for establishing identity could not be conducted in a timely manner, or if it were suspected that the people were being smuggled for profit, or a criminal organization or terrorist group was involved in the smuggling, designated claimants would then be subjected to a number of rules. They would be mandatorily detained on arrival, or on designation by the minister, with no review by the Immigration and Refugee Board for their detention for a year. Release would only be possible if they were found to be true refugees. If the Immigration and Refugee Board ordered their release within a year, even then the Immigration and Refugee Board could not release people if the government said their identities had not been established, or if the minister decided that there were exceptional circumstances.

Decisions on claims by designated persons could not be appealed to the Refugee Appeal Division. A designated person could not make humanitarian and compassionate applications. A designated claimant could not apply for permanent residency for five years. If the person failed to comply with the conditions or reporting requirements, that five year suspension could be extended to six years.

This raises a number of concerns. First, this is extremely discriminatory as it would create two classes of refugee claimants: real refugees and designated claimants. This is possibly a violation of the Canadian Charter of Human Rights and Freedoms' equality rights, as well as the refugee convention, which prohibits states from imposing penalties on refugees for illegal entry or presence.

Second, detention without review is a clear violation of the charter rights. The Supreme Court already struck down mandatory detention without review on security certificates. This legislation would imply indefinite detention on the basis of identity with no possibility of release until the minister decided that identity had been established. Arbitrary detention is also a violation of a number of international treaties.

Third, designated persons would have no access to the Refugee Appeal Division. This means that these claimants would not have the right to an appeal, thereby removing any system of checks and balances.

Additionally, the mandatory five year delay in applying for permanent residency would further delay the family reunification process, forcing claimants to wait eight to ten years to be reunited with their spouse or child living overseas. Last, this legislation would create an undue barrier for humanitarian and compassionate claims. I am extremely concerned with the idea that the minister could name someone a designated claimant based on irregular arrival with no explanation of what constitutes an irregular arrival.

If we look at the history of the legislation of this nature, introduced by this government, we can see that it has glaring resemblances to Bill C-49 in the last Parliament.

Bill C-49 was hastily drafted by the government when Canadians witnessed the spectre of boats coming to the shores of British Columbia, carrying some of the most damaged and wounded people on earth. These were people fleeing, as the minister has rightly pointed out, one of the worst civil wars in the world, in Sri Lanka. Never ones to pass off a good photo op, the Minister of Citizenship, Immigration and Multiculturalism and the Minister of Public Safety were in British Columbia, holding news conferences where they publicly accused the people on these boats of being bogus refugees, harbouring terrorists and trying to jump the immigration queues. They called these people “queue jumpers”.

I find this extremely confusing. The government seems to be speaking out of both sides of its mouth. On one hand, we have the Minister of Foreign Affairs referring to the Sri Lankan civil war as a great atrocity where numerous war crimes and crimes against humanity were committed. On the other hand, we have the Minister of Citizenship, Immigration and Multiculturalism and the Minister of Public Safety accusing people fleeing this very violence of being bogus. This is completely absurd. Which one is it?

Some of the refugee claimants and the refugees who arrived on the MV Sun Sea now live in my riding of Scarborough—Rouge River. Many of them have told me stories of their trip to Canada and their arrival in British Columbia. Many of them had UNHCR refugee cards. Upon their arrival, the people who greeted them gathered all of their refugee cards. When there was not the same number of cards as people, all the people aboard were told that they had not presented adequate identification and documentation when they came. Regardless of whether they had refugee cards, they were all detained. Thankfully, many of these people have now been released, but some are still in detention. Some of these people who had refugee cards are still being detained.

I am going to go back to the idea of an irregular arrival. This concept is not defined in this legislation. Based on the history of this bill, it is easy to jump to the conclusion that irregular arrival means arrival by boat. This bill is essentially saying that people who arrive in an irregular fashion, or by boat, are not refugees but rather are criminals. This bill is saying that people who wish to flee war, conflict or persecution but do not have the means to pay for a plane ticket so instead risk their lives by throwing themselves onto a rickety cargo boat and spending months crossing an ocean are not real refugees. No, the government is saying they are criminals. They are not real asylum seekers. They are not really fleeing a horrible situation, leaving behind their homes, livelihood and families with hopes of creating a better life here in Canada. No, these people are criminals. This is what this bill and the government are telling us.

Furthermore, if they fail to provide adequate identification, they can be detained without review. Most refugees who come to Canada do not have documentation, regardless of which process is used to enter the country. When people flee their home nation, they leave everything behind. How can we expect people who have left a war-torn country to carry valid identification? This concept of queue jumping, as the minister likes to say, is completely bogus. These people still must go through the same immigration process as any other immigrant to Canada. When people are fleeing persecution or war, they cannot be called queue jumpers. For refugees, there is no queue to jump. There is no lineup for people who are in serious danger; people living through a civil war; or people being persecuted because of their gender, religion, sexual orientation, et cetera. When people's lives or the lives of their families are called into question, there is no line. These people must leave their country immediately. Once they are safely here in Canada, they must joint the same queue as everyone else who wants to gain some sort of status in our country.

The second part of this bill comprises of Bill C-11, from the last Parliament, and the calling of safe countries. In the 40th Parliament, after a lot of work and compromises, Bill C-11 passed this House with all-party support. It was scheduled to come into effect this spring. However, before the legislation that was passed by this House could even have a chance to come into effect, the members opposite have including the original legislation, Bill C-11, excluding any part of the amendments that were accepted by all parties, in this current omnibus bill. The government has not even given the original Bill C-11 from the last Parliament a chance to work.

The Conservatives are using fear-mongering and fear tactics to scare the current immigrants in Canada and current Canadians. They are pitting Canadians against immigrants and new immigrants against other newer immigrants. This type of fear tactics is absolutely wrong.

The House resumed 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.

[Costas Menegakis, Conservative, Richmond Hill, ON]

Mr. Speaker, I am pleased to have this opportunity to speak in support of Bill C-31, protecting Canada's immigration system act. It is legislation that will improve this country's immigration system in a number of very important ways. Immigration is central in our country's history to our prosperity, our international reputation, our generosity and humanitarianism, and our great success as a nation.

In so many ways Canada is a country that was built by immigrants. Since Canada's earliest days, we have opened our doors to millions of newcomers from everywhere in the world. They have helped to make Canada the peaceful, free and diverse country that it is today.

My family is one of those families that came here as immigrants. My mother, Panagiota Bissas, and my father, John Menegakis, came in the mid-1950s, 1956 and 1957 to be specific. My parents were given every opportunity and are excellent examples of how people from all over the world have come here and have built families and certainly have contributed to our beautiful nation.

Whether those newcomers are pursuing economic opportunities, seeking to unite with family members, or looking for security and stability or asylum, Canada has long been a destination of choice for people around the world.

The Government of Canada recognizes the importance of immigration. That is evident in all of its actions and policies. Since 2006 the government has had the highest sustained level of immigration in nearly a century. In fact, since 2006, the Conservative government has welcomed an average of 254,000 people per year. This is a 13% increase over the level of immigration under the previous Liberal government.

We have also continued to strengthen and support our generous refugee system, which is an important expression of Canada's compassion and humanitarian convictions 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 our government understands the importance of the immigration system to Canada's future, we also understand 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. Indeed, a dynamic country such as Canada requires dynamic and flexible immigration policies that adapt to the times.

It is the government's responsibility to ensure that we have a strong, effective and efficient immigration system. That is why I am very pleased to be speaking today about legislation that is designed to fulfill exactly that responsibility.

Bill C-31, protecting Canada's immigration system act, aims to strengthen Canada's immigration system in three very specific ways. It will further build on the long-needed reforms to the asylum system that were passed in Parliament in June 2010 as part of the Balanced Refugee Reform Act. It will also allow Canadian authorities to better crack down on the lucrative business of human smuggling by integrating measures which the government previously introduced in the preventing human smugglers from abusing Canada's immigration system act. It will enable the introduction of biometric technology for screening visa applicants which will strengthen our immigration program in a number of ways.

I mentioned earlier the fact that our refugee system is among the most generous in the world and that Canada admits more refugees on a per capita basis than almost any other country. That is certainly true, but when there is a system in place as generous as Canada's, it is particularly important to guard against the abuse of that system and our generosity.

Indeed, for too many years our refugee system has been abused by too many people making unfounded 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 in refugee claims originating in countries that we would not normally expect to produce refugees. This is adding to the backlog.

I was certainly surprised to learn that Canada receives more asylum claims from countries in Europe than from either Africa or Asia. Last year alone, almost one-quarter of all refugee claims to Canada were from European Union nationals. Let us think about that. European Union countries have strong human rights and democratic systems similar to those in Canada, yet they produced one-quarter of all the refugee claims to this country in 2011. That is up 14% from the previous year.

It can take up to four and one-half years from an initial claim to remove a failed refugee claimant from our country. Some cases have taken more than 10 years. The result is an overburdened system and a waste of taxpayers' money. For too long we have spent precious time and taxpayers' money on people who are not in need of protection at the expense of legitimate asylum seekers.

In recent years virtually all EU claims were withdrawn, abandoned or rejected. That means the unfounded claims from the 5,800 European Union nationals who sought asylum last year to Canada cost Canadian taxpayers an astounding $170 million.

Many members of the House will remember that back in June 2010 we passed the Balanced Refugee Reform Act. The act contains long-needed improvements that will result in faster decisions and quicker removal of those failed claimants who do not need our protection. However, it has become clear that gaps remain and that further reforms are certainly needed. We need stronger measures that are closer to the original bill we introduced in March 2010.

The measures of Bill C-31, the protecting Canada's immigration system act, will build upon the reforms passed in 2010. These new measures will further accelerate the processing of refugee claims for nationals from designated countries that generally do not produce refugees. It will reduce the options available to failed claimants to delay their removal from Canada. As well, with this new legislation we expect that taxpayers will save about $1.65 billion in just five years.

An Edmonton Journal editorial stated:

Given the financial stress placed on our system by those numbers, 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.

[Bill C-31] is a tough, no-nonsense document that speeds up the review process and takes much of the financial burden off the Canadian taxpayer...Bill C-31 is worth supporting.

Martin Regg Cohn of the Toronto Star said:

I do think our refugee system is, if not quite broken, under a tremendous amount of stress. The acceptance rates for some of these countries—Hungary, Czechoslovakia before a visa restriction was imposed—are one, or two, or three per cent. So it's a tremendous burden on a system that really I don't think we have that much to apologize for.

So I think there is a lot of public policy behind this....I think this might put the system more or less on a better, stronger footing for genuine refugees.

In conclusion, these measures will help prevent abuse of the system and will ensure that our refugee determination process works more effectively. This will definitely be accomplished while maintaining the fairness of the system and without compromising any of Canada's international and domestic obligations with respect to refugees.

I urge all members of the House to support this important bill which will make important reforms to strengthen Canada's asylum system, something which is desperately needed and on which the previous Liberal government refused to act.

[Chungsen Leung, Conservative, Parliamentary Secretary for Multiculturalism]

Mr. Speaker, I wish to share my time with my colleague the member for Richmond Hill.

It is with great pleasure that I rise to speak today in support of Bill C-31, the protecting Canada's immigration system act. Bill C-31 would restore integrity to our asylum system by making Canada's refugee determination process faster and fairer, resulting in faster protection for legitimate refugees and faster removal of bogus claimants.

Canada has a well-deserved international reputation for having the most generous and fair immigration system in the world. Canada provides protection to more than one in ten refugees resettled each year worldwide, more than any other developed country in the world. However, the fact is that Canada's asylum system is vulnerable to abuse.

There are countless stories in the media on almost a daily basis about bogus refugees, serious criminals, and those who have committed crimes against humanity who are trying to take advantage of Canada's generous asylum system. This abuse wastes limited resources on bogus claims while legitimate refugees have to wait in a queue behind them. It also undermines public confidence in our immigration system.

Canadians are generous and welcoming but we have no tolerance for those who refuse to play by the rules and abuse our generosity. The current flawed refugee system has made Canada a target for those who are all too happy to take unfair advantage of us. As a result, too many taxpayer dollars are being spent on people who are not fleeing genuine persecution, but seek to exploit Canada's generous asylum system to receive lucrative taxpayer-funded health care, welfare and other social benefits.

The facts speak for themselves. For example, in 2011 Canada received more refugee claims from the democratic and human rights-respecting countries of the European Union than from Africa or Asia. Last year alone, a quarter of all refugee claims were made by European Union nationals.

Once these bogus claimants land in Canada most of them are eligible for a generous range of taxpayer-funded social services and benefits within days of arrival. They can then receive benefits for years as they wait for their refugee claims to be heard under the current slow system.

Virtually all of the refugee claims by Europeans are eventually withdrawn, abandoned or rejected. In fact, in many cases, the refugee claimants themselves eventually decide to return to their country of alleged persecution. These claims are, by any definition, bogus. These bogus refugee claims from Europe cost Canadian taxpayers more than $170 million per year.

Bill C-31 includes three sections, all of which are aimed at improving the integrity of Canada's immigration system.

First, the bill includes further refugee reform. While the Balanced Refugee Reform Act that was passed in 2010 was a much needed improvement, it did not go far enough to ensure that our refugee system was working as effectively as possible. For example, Bill C-31 would allow the government to designate countries that are not generally refugee producing, such as those in the European Union. Claims from these countries would be processed on average in 45 days compared to more than a thousand days under the current system. It is baffling to most people that the current system takes on average more than a thousand days to hear a claim, but it is the unfortunate truth.

Second, the bill includes provisions from Bill C-4, the preventing human smugglers from abusing Canada's immigration system act. These provisions include an increase in penalties for those who organize human smuggling events and the provisions aim to discourage anyone from using the services of human smugglers to come to Canada. It is important to note that there is one important difference: Bill C-31 includes an exemption from detention of minors under the age of 16.

I want to be clear, because there is a lot of intentional misinformation being spread about the detention aspects of the human smuggling provisions. Once the identity of a claimant has been established and a refugee claim is approved, which would be within a few months under the bill in many cases, individuals will be released.

Through the human smuggling provisions, our government is sending a clear message that our doors are open to those who play by the rules, including legitimate refugees, but we will crack down on those who endanger human lives and threaten the integrity of our borders. Human smuggling is a despicable crime and Canadians think it is unacceptable for criminals to abuse Canada's immigration system for financial gain.

Finally, Bill C-31 would provide the government with the authority to collect biometric data, in this case fingerprints and photographs, from visa applicants who want to enter Canada. Biometric data are much more reliable and less prone to forgery or theft. Implementing biometrics will strengthen immigration screening, enhance security, and help reduce identity fraud. It will prevent known criminals, failed refugee claimants and previous deportees from using a false identity to obtain a Canadian visa. It will also bring Canada's system in line with many other industrialized countries such as the U.K., the European Union, Australia, the United States and Japan.

Canadians have given our Conservative government a strong mandate to improve Canada's immigration system. Taken together, the measures included in Bill C-31 will help our government to put a stop to those who seek to abuse our generosity. The bill will save Canadian taxpayers $1.65 billion over five years. It will provide protect to genuine refugees in a more timely manner while allowing us to remove more quickly the bogus claimants who cheat the system and abuse our generosity. That is in the best interests of Canada and of genuine refugees.

The NDP is against this bill and has now made that much clearer. Unfortunately, its members even tried to kill this bill before any substantive debate was allowed to happen or it be studied at committee. That is more proof that they are more interested in playing games than working with the government to move forward with important pieces of legislation reflecting the priorities of Canadians.

Yet interestingly enough, when asked about Bill C-31, the member for Vancouver Kingsway, the opposition critic, had this to say:

Well, I think what we need to do is build a system that has a fast and fair determination process. And that’s something that I’ll give [the] Minister...credit for. I do think that’s what his intention has been all along. And we all want to work towards that. We don’t want endless dragging on of this stuff because refugees, when they come here, you know, they do qualify for basic sustenance...it is at the cost of the Canadian taxpayer.

So we do have an interest in making sure there’s a quick determination that’s correct and fair and get these people into our communities, working and being productive taxpaying members of our society if they’re bona fide refugees.

We want a fast, fair system where we can give a sanctuary to people who need it quickly and we can weed out the people who don’t have valid claims, get them through a fair process. And if they’re not valid at the end of the day, deport them out of Canada swiftly.

I agree with that statement by the NDP immigration critic, which is exactly what Bill C-31 aims to do. This is why I call on all members of the House to work with our government in the best interests of Canadians and support Bill C-31, the protecting Canada's immigration system act, and ensure its speedy passage through the House.

[Marc-André Morin, NDP, Laurentides—Labelle, QC]

Mr. Speaker, earlier, I asked the minister a question and he did not really give me an answer.

I am wondering what will happen to refugees who arrive at our borders in some very specific cases. In general, I find that Canada's international reputation has suffered greatly. We have always been regarded as a progressive country that is open to people from all over the world who need our help. Our reputation is being greatly compromised. We have become a host country for the brothers-in-law of dictators who come and buy luxury mansions in our posh neighbourhoods, in Montreal, for instance. Construction companies are going to build prisons in Libya and others will provide electricity to a corrupt regime in Syria. We are losing ground all along the line.

What are we going to say to Kurdish refugees who come from Syria without papers? Are we going to invite them to stay, saying that we have safe housing with bars on the windows and that they can stay there for at least a year, and maybe up to five years? I did not really like the minister's response.

These are the questions that are raised by such a shoddy bill. This bill affects so many aspects of our international reputation that we have to wonder if we will ever re-establish it. And, of course, there are also the Canadian security firms, or security firms operated by Canadians, who help fleeing dictators by taking care of logistics for them.

We are wondering where the government is going with our international policy in general. Bill C-31 sends a very bad message. Soon we will be the laughingstock of the world.

The House resumed from March 6 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.

Bill C-31--Time Allocation Motion

[André Bellavance, Bloc, Richmond—Arthabaska, QC]

Mr. Speaker, we now know how this government operates. To this government, winning a majority spelled the end of debates and the beginning of installing its ideology. It figured it had four to four and a half years to pass everything it was unable to pass when it had a minority. We know that.

Now, the public is suffering the consequences. Workers are seeing their rights violated. We see what the government did with Air Canada. It has gotten to the point where special legislation is introduced before there is even a dispute. That is pretty bad; it is unheard of.

I imagine this government will never cease to amaze us, even if, here in Parliament, we are less and less surprised.

My question for the minister is quite simple. He was the one who ensured that the opposition parties and his government could manage to work together to draft a bill on refugees, namely Bill C-11, that was acceptable to everyone. Then he simply decided to scrap the whole thing and come up with Bill C-31.

He accuses the opposition of wanting to stall, but why did the government not reintroduce Bill C-11? Everyone agreed on it and there would have been no systematic obstruction.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, the government is trying to say it does not want any more members of Parliament to debate Bill C-31. It will allow for two or three or whatever number works, but there is a limit. It is trying to prevent members of Parliament from debating the bill.

The minister tries to justify it by saying we have had endless debate on human smuggling over the last year. The minister is fully aware that Bill C-4 is non-existent now. Bill C-31 not only replaces it, but it adds a whole new aspect to the bill.

It is an issue of affording MPs the opportunity to debate. This is something this new Conservative majority government has refused to do 18 times. This is but one example. The government killed the Canadian Wheat Board, with which I know the minister is familiar, using time allocation.

My question is why is the government, time and time again, resorts to time allocation as a way to prevent legitimate, honest debate inside the House of Commons, thereby stealing the voices of Canadians--

[Jason Kenney, Conservative, Calgary Southeast, AB]

Mr. Speaker, yes, we are pleased with the outcome of the Balanced Refugee Reform Act in the previous Parliament. We continue to be proud of the work done by all parliamentarians.

However, I make no bones about the fact that the ultimate outcome was not optimal in terms of protecting the integrity of Canada's immigration system. Since the adoption of that bill, we have seen a huge and growing wave of unfounded asylum claims coming particularly from the European Union. It is bizarre to see a situation where now, since the adoption of that bill two years ago, we are getting more asylum claims from the European Union than we do from Africa or Asia.

I think any sensible person would say that is bizarre, particularly given that virtually none of the European asylum claimants even bother to show up at their hearing. Virtually all of them, of their own volition, abandon or withdraw their own claims. However, almost 100% of the claimants show up at the initial interview that is required in order to get the status document to qualify for welfare and other social benefits.

This is a huge gaping hole in the integrity and fairness of our immigration system. it is the responsibility of Parliament to act. Yes, to debate it, but ultimately to act.

We have already had 100 speeches on the human smuggling provisions included in Bill C-31. That clearly indicates the intention of the opposition to continue an endless filibuster.

[Jason Kenney, Conservative, Calgary Southeast, AB]

Mr. Speaker, I appreciate the member's contribution to debates in this place, but I could not disagree with her more strongly on this particular point.

There is a widespread consensus that the current asylum system is dysfunctional. Yet there are certain discrete special interests, including the so-called refugee lawyers association, that are the core special interests who want to protect the status quo. They are opposed to any meaningful reform. Frankly, any model of refugee reform that that organization supported would continue the dysfunction of the asylum system.

What we are proposing in C-31 goes above and beyond our legal and humanitarian obligations under both the Charter of Rights and Freedoms and the UN convention on refugees. It proposes an asylum system that would be universally accessible and that would respect absolutely our obligation of non-refoulement of people deemed to be in need of our protection. It would provide access to a full and fair hearing at an independent quasi-judicial body, which again goes above and beyond our charter and UN convention obligations. It would create for the first time a full and fact-based appeal at the refugee appeal division, accessible to the vast majority of failed asylum claimants who lose at the first instance.

This is something that I think any reasonable person could support. However, we will not allow ourselves to be blocked from meaningful reform, to provide protection to real refugees by the special interests who have helped to create the problems in the first place.

[Jason Kenney, Conservative, Calgary Southeast, AB]

Mr. Speaker, I do not agree. When a bill is important and is part of the commitments that our party made to voters, we have to study it for a certain time in committee, then move on to the final vote. The opposition is trying to prevent the committee from studying the bill and prevent the final vote. The opposition is trying to prevent the government from keeping its promises. We have made promises.

Bill C-31 is urgent because it concerns people's safety. Every year, thousands of people around the world die during human smuggling. As we have seen in the news, human smuggling rings are trying to organize long, dangerous trips to Canada from Africa's west coast. We are going to need these tools soon.

[Jason Kenney, Conservative, Calgary Southeast, AB]

Mr. Speaker, first of all, I hear implicit in that question an acknowledgement from the hon. member, which I appreciate, that time allocation is a legitimate tool in managing legislative business. I think what she is questioning is under what circumstances it is used. She suggested it ought not to be used unilaterally. I would submit that by definition, it is the government that has the responsibility for moving forward a legislative mandate and government orders which must trigger and vote in favour of time allocation when it is used, as was the case under the previous Liberal government and would be the case under any future Liberal government.

On the substance of this, let me clear. In the last Parliament we had dozens of hours of debate on the human smuggling provisions now found in Bill C-31. Canadians were frustrated that the opposition refused to allow those measures to be adopted into law. We had an election. The Conservative Party made legislation to combat human smuggling a key priority in its platform. We had television advertisements on it. The Prime Minister spoke about it across the country. That constituted part of the democratic mandate that we received.

Then we brought in Bill C-4. We had dozens of hours of debate on that bill and faced another opposition filibuster. Now we have included those measures in Bill C-31 and we know perfectly well what will continue if we do not use time allocation.

Just in this Parliament already we have had 18 hours of debate on the human smuggling provisions, 73 speeches and, I would submit, probably more in the previous Parliament. There has been already more than ample debate on these measures. It is time for us as a Parliament to act to combat human smuggling and to keep our commitment to Canadians to do it.

[Jason Kenney, Conservative, Calgary Southeast, AB]

Mr. Speaker, quite the contrary. The hon. member is wrong because a number of measures in Bill C-31 were included in Bill C-4, which the current Parliament has debated for dozens of hours.

Indeed, we saw the official opposition's clear intention to filibuster in order to prevent the introduction at second reading of a motion to refer the bill to the standing committee. That was clear. The opposition members have already had dozens of hours to continue their filibuster on the measures to fight criminal networks that organize human smuggling.

We have to focus on the substance of the bill. It is very important for fighting criminal human smuggling networks. Human smuggling is a dangerous trade that kills thousands of innocent people every year. We have introduced reasonable measures to combat human trafficking.

[Guy Caron, NDP, Rimouski-Neigette—Témiscouata—Les Basques, QC]

Mr. Speaker, with all due respect to the Minister of Immigration, we disagree on two definitions. The first has to do with democracy. To sum up what he said about democracy: Canadians go to the polls every four years to give a mandate to one party and that party can do whatever it wants.

I disagree. Democracy is what we do here. We each represent a constituency in Canada. I represent the people of Rimouski-Neigette—Témiscouata—Les Basques, who have given me a mandate, as a member of Parliament, to speak to bills introduced by the government. I want to do that, but the fact that the government systematically moves time allocation motions, even before the debate even begins in many cases, prevents us from fulfilling that role.

That leads me to the second definition that the minister and I disagree on: filibuster. How can the minister say that the opposition parties are going to filibuster before the debate has even started? What the minister is saying, in fact, is that a filibuster means hearing anything he does not want to hear or that he disagrees with.

In a debate as crucial as the one on Bill C-31 and on a number of others we have had before, why does the government impose time allocation even before the debate begins in earnest, assuming that there might be a filibuster later?

[Marc-André Morin, NDP, Laurentides—Labelle, QC]

Mr. Speaker, the question I would like the minister to answer has to do with some aspects of Bill C-31 that raise some very serious concerns.

For instance, in Syria, there are between 400,000 and 500,000 Kurds who have no identification. The births of Kurdish children are not even registered. These people are going to wind up with no identity. When these people want to seek refuge in Canada—where we are supposed to be open to real immigrants and refugees who really need our help—are we going to tell them that if they come to Canada without any papers, without a passport, they will be thrown in prison until they can be identified, for perhaps up to five years?

[Jason Kenney, Conservative, Minister of Citizenship]

Mr. Speaker, we are a democracy because the government derives its mandate from the people as expressed in a general election. The government is ultimately accountable to the people for its actions, including its management of its legislative agenda.

In that respect, it is a democracy, for example, because our government made a platform commitment to pass at all stages and bring into law the various provisions of criminal justice reform included in Bill C-10 within 100 sitting days. That was an undertaking to the Canadian people, for which, in part, this government received a mandate.

Similarly, we made a very important election commitment to Canadians to take strong legislative action with the adoption of anti-human smuggling legislation, which is incorporated into the bill before this place, Bill C-31.

Furthermore, we have made commitments to Canadians to bring in fundamental reforms to our broken asylum system, which are also incorporated in this bill.

What we are seeking to do through this motion is to keep our trust with Canadians by adopting these measures, as opposed to listening to endless filibusters from the opposition, which, effectively, would preclude our ability to improve the asylum system. We must make these reforms before June 29 due to a coming into force provision included in legislation passed in June 2010.

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

moved:

That in relation to 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 of the second reading stage of the bill, and that, fifteen minutes before the expiry of the time provided for government orders on the fourth day so allotted to the consideration of the 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.

Mr. Speaker, I might add that will mean there will have been debate on this particular bill on six different days.

[Francis Scarpaleggia, Liberal, Lac-Saint-Louis, QC]

That's fine. The facts are common knowledge, I am just having trouble remembering them.

Under Bill C-31, it also seems that Canada will start requiring students and visitors with temporary resident visas to submit to the collection of biometric information.

Are you familiar with the department's new policy to that effect? I don't think it comes under Bill C-31. I saw the minister on TV las night. After he made a speech—in Toronto, I believe—he talked about that, unless I saw it in a newspaper article this morning. Are you aware of the department's plan?

[Francis Scarpaleggia, Liberal, Lac-Saint-Louis, QC]

So if I understand correctly, the scope is broad enough to provide for electronic monitoring, giving the Canada Border Services Agency the authority to require people to wear an electronic monitoring bracelet.

I was also wondering if you could give us some insight into the recently introduced Bill C-31. Bill C-4 appears to have been amended slightly and incorporated into Bill C-31. As I understand it, adults coming to Canada as part of an irregular arrival could end up in detention. Children, however, would not be subject to such detention, which could last up to a year, according to Bill C-4, which I studied at the time.

Business of the House

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

Mr. Speaker, with the encouragement and support of the opposition House leader, I will continue to try to engage all the House leaders and other parties in an effort to work on consensus approaches as to scheduling matters. I will make the observation that for a dance to work everyone has to be dancing. Therefore, I will continue to make my best efforts.

This afternoon, we will continue debating the opposition day motion from the hon. member for Hamilton Centre.

Tomorrow we will conclude debate on the amendments coming from the other place, on Bill C-10, the safe streets and communities act. We will have our final vote on this important legislation on Monday night. Bill C-10 will pass a number of important proposals that our government has put forward over the last five years that stand up for victims and for making our communities safer. I might add that Monday will be the 94th sitting day of the House, which means our government will have easily met our election commitment to make this bill law.

Also on Monday, the House will resume debate on Bill C-31, the Protecting Canada's Immigration System Act. We will return to this debate on Thursday and Friday.

Tuesday will begin with Bill S-4, the Safer Railways Act. This is an important bill that was nearly passed before the opposition forced an election last year. I hope we will see the debate conclude sometime Tuesday.

If we have extra time on Tuesday, the House will take up a second piece of legislation, Bill C-15, the Strengthening Military Justice in the Defence of Canada Act.

Wednesday shall be the seventh and final allotted day of the supply cycle. I might correct my friend that I do not think this has ever been designated in the House. We will debate a motion from the New Democratic Party and end the afternoon with two appropriations bills from the President of the Treasury Board.

[Joe Comartin, NDP, Windsor—Tecumseh, ON]

Mr. Speaker, I stood here in the same place last week and acknowledged that the government had gone a whole five sitting days without moving a time allocation motion and I encouraged the House leader of the government to continue that practice. Therefore, I am quite disappointed standing here today.

They moved not just one time allocation motion on Tuesday, but they moved two such motions. What they are doing is truly undemocratic. I urge the Leader of the Government in the House of Commons once again to put an end to this practice immediately.

For the coming week, there are a number of issues that are outstanding and unclear so I will list them.

I understand that we have a confirmation that Bill C-10 will come before this House for debate tomorrow and that the vote on Bill C-10 will be put off until Monday evening.

I further understand that Bill C-31, the attack on refugees bill, will come before the House on Tuesday. I would ask the House leader if that is still the case and if it will be before the House for the balance of the week.

With regard to other legislation, I will repeat a question I had earlier for him but never got an answer to. Where is Bill C-30, the Internet snooping bill? When will that be back before the House? Will we ever see it again or is the government just going to dump it?

Finally, could I have a confirmation for the House that the final supply day, which was originally scheduled for Monday, has now been put over to Wednesday and all the votes that will flow subsequent to that will be Wednesday evening?

Bill C-10—Time Allocation Motion

[Joe Comartin, NDP, Windsor—Tecumseh, ON]

Mr. Speaker, I am not surprised by this motion. There should not be any reason why we should be surprised. It has happened 16 times since Parliament started. Since the May 2 election, this will be the 17th time.

It is a total abdication of the democratic responsibilities that the government should have, and every Government of Canada should have and has up until this point, to allow for meaningful democratic discussion and debate in the House. We are here for that. That is why it is called Parliament.

The government has never understood this. Since the Conservatives received a majority, they have run roughshod over that moral, democratic responsibility they have to the opposition parties and to Canadian citizens as a whole.

I understand the member will move another motion of this kind on Bill C-31. When will we see that one?

Protecting Canada's Immigration System Act

[Sadia Groguhé, NDP, Saint-Lambert, QC]

Madam Speaker, I will be sharing my time with the hon. member for Laurentides—Labelle.

A policy without justice is an inadequate policy. Bill C-31 completely jeopardizes refugee rights. Never in human history have refugee rights been as threatened as they are under the Conservatives and never has our democracy been as discredited as it is under the Conservative government, which is unable to respect the compromises reached in consensus with the other parties.

The government seems to forget that our ratification of international conventions on refugee rights and human rights requires us to bring our laws and policies into line with the provisions of these international conventions.

Canada is a signatory to the 1951 Geneva Convention on Refugees. Bill C-31, intended to protect Canada's immigration system, respects neither the spirit nor the letter of the Geneva convention. Having read the bill, one wonders whether the Canadian Charter of Rights and Freedoms, adopted by the House in 1982, is still in effect in Canada.

Let us not forget that Bill C-31 is an omnibus bill, which seeks to amend the Immigration Refugee Protection Act by unfortunately incorporating into Bill C-4 the most unreasonable provisions of the former Bill C-11, which received royal assent in June 2010.

The government had three main goals in mind for this bill: revoking the majority of the compromises included in the former Bill C-11, Balanced Refugee Reform Act, which received support from all the parties; reintroducing Bill C-4, the Preventing Human Smugglers from Abusing Canada's Immigration System Act; and finally, introducing the use of biometrics into the temporary resident program.

Bill C-31 raises some serious concerns in addition to the those already raised by Bill C-4, the unconstitutional nature of which we have raised and highlighted in our previous interventions.

In my speech today, I would like to draw the attention of the House to some of the concerns that Bill C-31 raises. In reaction to the introduction of Bill C-31, the Canadian Association of Refugee Lawyers says that like the sorry Bill C-10, Bill C-31 is extremely complicated.

The most draconian measures in Bill C-4 have been integrated into Bill C-31. Let us look at a few examples. Bill C-4 provided for mandatory detention for one year for people fleeing persecution in their country of origin and entering Canada without identity documents in their possession. Also, Bill C-4 eliminated review of detention for refugees who are smuggled into Canada.

The provisions pertaining to detention found in Bill C-4, which are being reintroduced in Bill C-31, are a direct violation of our Constitution. Furthermore, the jurisprudence constante of the Supreme Court is categorical in this regard.

Why are the Conservatives attempting to put themselves above the rule of law, which is a key principle of our democracy, even though they are familiar with the precedents of our high court? Why are they attempting to mislead the House by proposing that it pass laws that they know violate not only our Constitution, but also the Canadian charter and human rights conventions that our country has signed? Pacta sunt servanda is a principle of international law. Signed conventions have to be respected.

Furthermore, lawyers specializing in refugee rights have said that they are deeply troubled by the short time frames that Bill C-31 gives refugee claimants to seek Canada's protection. They find that Bill C-31 drastically changes Canada's refugee protection system and makes it unfair. Bill C-31 imposes unrealistic time frames and unattainable deadlines on refugee claimants and uses the claimants' inability to meet those deadlines to exclude them from protection.

In fact, under the terms of Bill C-31, refugee claimants have only 15 days to overcome the trauma of persecution, find a lawyer to help them, gather the documentary evidence to support their allegations, obtain proof of identity from their country, scrape together the money for legal fees, present an articulate and coherent account of their life, and so forth.

Is there a woman who has been raped and traumatized who would be willing to tell her story to a stranger? I am a psychologist and I know that is impossible in the time provided.

Unsuccessful refugee claimants will have 15 days within which to file an appeal under Bill C-31. As everyone can see, the time frames imposed on refugee claimants are not long enough to allow them to make full answer and defence.

Under our justice system, the greater the risk to life, the longer the time frames given to the person being tried to prepare his defence. Bill C-31 does not respect this principle of fundamental justice.

I am also deeply concerned not only about the new term—designated country of origin—that Bill C-31 introduces into our legislation but also about the undemocratic nature of the process for designating the countries in question. Under Bill C-31, the minister alone has the power to designate safe countries of origin, without first defining the designation criteria for these countries.

According to the Canadian Association of Refugee Lawyers, the designated safe country list and the unilateral power granted to the minister dangerously politicize Canada's refugee system.

Refugee claimants who are on a designated safe country list have even less time to submit their written arguments and will not be allowed an appeal.

Bill C-31 also relieves the minister of the obligation of justifying why a country is safe and considering the differential risks that certain minorities face in a country that is safe for others.

If Bill C-31 is passed, refugees will become more vulnerable because their fate will depend on the political whims of the minister and the government. Failed claimants from designated countries of origin can be deported from Canada almost immediately, even if they have requested a judicial review of the decision. In other words, a person can be deported before his case is heard.

This shows us that the government has no understanding at all of the Geneva Convention relating to the Status of Refugees, which was adopted on July 28, 1951. The convention insists that the individual concerns of victims of persecution be taken into account. The Geneva convention does not state anywhere that international protection is granted to the victim of persecution based on the country in which the persecution was experienced.

Persecution of religious minorities does not occur solely in non-democratic countries, nor does discrimination based on sexual orientation occur solely in non-democratic countries. Race-based persecution can happen anywhere in the world. All signatories to the European Convention on Human Rights are democratic countries, but the jurisprudence of the European Court of Human Rights is teeming with rulings that condemn democratic states for abuses of individual rights.

If that is the case, by what objective criteria can the minister deny a person international protection based on the fact that he or she is from a particular country and claims to have been persecuted because of his or her sexual orientation or religion?

The process of designating countries of origin is not carried out by an independent, democratic entity. The government is judge and jury. It has the power to designate countries of origin considered safe, and it has the power to refuse protection provided for in the Geneva convention on refugee status without examining the merits of a given case.

I would also point out that under subclause 19(1) of Bill C-31, the government can, if it chooses, withdraw the international protection due to victims of persecution on the grounds that circumstances have changed in the refugee's country of origin. Under this provision, the government could now decide to send people to whom it granted international protection during the first and second world wars, for example, back to their countries of origin.

Subclause 19(1) also adds new terms to the section concerning loss of permanent resident status. It states that the existing criteria for withdrawing protection from asylum seekers can be grounds for loss of permanent resident status.

I will conclude with one final concern about changes that Bill C-31 makes to claims made on humanitarian grounds. Such claims enable a person to stay in Canada even if he or she is not eligible on other grounds. Unfortunately, under Bill C-31, applicants awaiting a refugee appeal division decision cannot simultaneously apply on humanitarian grounds.

This bill is unjust and cruel. It is antithetical to Canadian values of compassion for victims of persecution, and it must be defeated.

[Francis Scarpaleggia, Liberal, Lac-Saint-Louis, QC]

You're familiar, obviously, with Bill C-4, which has now been incorporated into Bill C-31, the new immigration bill. Under Bill C-4, one could envisage groups of refugees being in detention, perhaps for as much as a year, as I understand it. Would you see that maybe in those cases where, for example, you have a family that's in detention, short-term electronic monitoring would be a way to keep them out of detention? Do you think the government might go in that direction?

It has been raised in the media that instead of keeping people in detention they could maybe be monitored for a while. Would you be in favour of that? Would you see that as cruel or would you see that as better than being in detention for up to a year?

[Rick Dykstra, Conservative, St. Catharines, ON]

Madam Speaker, when Bill C-11 was passed and we anticipated an implementation date of June 29 of this year, there was an expectation that we would have rooted out the issues of false claimants, that we would have put a process in place that would have exemplified to individuals thinking about claiming refugee status in Canada that if they did not have a true refugee claim, they would not be welcome in Canada, or it would not be approved and would be done so in a very expeditious manner.

What we learned, whether it was through crooked consultants or advice from individuals who understand how to manipulate and work around our process, is that they were not being scared off or they did not see the fear in applying in Canada. They simply found additional loopholes. Bill C-31 would eliminate, once and for all, the loopholes that allow bogus refugee claimants to come to Canada to seek refugee status. In fact, we will be assisting those who truly need help.

[Hélène LeBlanc, NDP, LaSalle—Émard, QC]

Madam Speaker, I would like to point out once again that many people in LaSalle—Émard are in extremely difficult situations precisely because they are trying to claim refugee status. I have heard some very troubling stories.

I wonder if the Parliamentary Secretary to the Minister of Citizenship and Immigration could tell us why the government decided to amend the legislation and introduce Bill C-31, which, in the end, creates two categories of refugees and makes judgments regarding different refugee cases?

[Rick Dykstra, Conservative, St. Catharines, ON]

Madam Speaker, I appreciate that the leader of the Green Party spends a lot of time in the House doing her job as a member of Parliament, but she also went across this country saying time and time again that she was not coming to Parliament to criticize, that she was coming here to work with the government. I would say to her, with all due respect, that if we are going to use words like “internment”, they be used in their proper context. That is not what Bill C-31 represents. In fact, it is far from it.

When it comes to the detainee aspect of this bill, I will put into perspective the types of lives individuals coming to this country to seek refugee status have led up to that point. How they are treated here is humane, proper and, in fact, in almost every case is better than any type of treatment they received from the country they come from if they are true refugee applicants. If they are not true refugee applicants, they should not be here in the first place.

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

Madam Speaker, there is much in this legislation that is deeply concerning to me and other members of the Green Party across Canada. I know the parliamentary secretary has referred to what happened in previous Parliaments, but I was not in the House at that time. However, I am deeply concerned about the approach that will be taken on refugees who arrive by what is called irregular entry.

Since Bill C-4 was introduced earlier this year, Bill C-31 appears to subsume Bill C-4 and provide it in a different fashion. I note now that we will not be interning children under 16 years of age, but what will happen to refugee families that arrive on our shore? Apparently, parents and anyone over the age of 16 who arrive at our shore will to be interned for a year. What will happen to children under the age of 16?

[Rick Dykstra, Conservative, St. Catharines, ON]

Madam Speaker, it continues to boggle my mind that the opposition keeps suggesting that there are two levels of refugees in the world. That is wrong. There is only one. There are those who seek asylum and deserve it, and there are those who seek asylum and do not deserve it.

I appreciate the fact that the member works extremely hard on the immigration committee, and I respect her being here this afternoon, but she was not here in the previous Parliament when we passed Bill C-11 and moved toward a more balanced approach. Bill C-31 would make the process of safe country more transparent and more accountable. How that process would work is spelled out in the legislation and regulation, as is how and when the minister would be able to undertake the issue of safe country.

I come back to the original point of what the refugee system in this country is supposed to be about. It is supposed to be about assisting those who genuinely need the help of this country to seek a new life, to seek a new country and to seek new opportunity but it is for those who deserve it, not for those who attempt to get it under bogus means.

[Rick Dykstra, Conservative, St. Catharines, ON]

So does the Toronto Star, as the minister has indicated. Therefore, to say that this word should not exist in this process is bogus.

Let me return to the quote. She said:

And there are far too many bogus claims that clog up the system, and use very expensive resources at a cost to Canadian taxpayers.

Who pays for those expensive resources? The taxpayers of our country. She went on to say:

I...like the fact that [the minister] is going to fast-track [some] claims, so they do not clog up the refugee system for genuine claimants. I have clients who've been waiting since 2009, early 2010 to have their hearing, and I represent many claimants from, let's say Africa, the Mid East countries, who base their claim on gender violence or Christian persecution in certain Middle East countries, and they have to wait, because the system is so clogged up with what I consider to be unfounded claims from citizens of safe country of origin.

Since I only have a minute left, I will not use anymore quotes. I have a feeling I will be able to use these over the next six days as we debate this to show that there are professionals involved in this industry who support what we are going with respect to the legislation.

I listened very closely to both the NDP and Liberal critics present their speeches. They told us who did not support the bill. Let me end with this. Millions upon millions of Canadians sent us here. In some respects they believe we did not go far enough. Canadians support the action we are taking with respect to C-31 and in terms of balancing refugee reform in the country. We will continue on their behalf.

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

Madam Speaker, it is with great pleasure that I rise to speak to Bill C-31.

First, there are a couple of aspects that were brought up by the critics from the Liberal Party and the NDP with regard to Bill C-11, the balanced refugee reform legislation which was passed in the last Parliament. They claimed that bill is on hold, that it has not been implemented and that no acts within that bill have actually been processed. I want to clarify that they are factually incorrect. It needs to be identified in the House and on the record that there are two very important components of that bill that have continued.

The first is that prior to passing Bill C-11, there was a backlog in this country of over 60,000 refugee claimants. The process set in place by Bill C-11 would see that reduced significantly. In fact, that has happened. The backlog has been reduced to below 45,000 refugee applicants, which is a very critical component to the direction Bill C-11 was moving toward, which is to ensure that we do not have a tremendous backlog that would put us in an extremely difficult position in terms of processing applications.

The second is a point which the minister brought up during his speech. With the implementation of Bill C-11, we would see an additional 2,500 refugees, which is 20% on top of the current average. An additional 2,500 refugees would be able to settle in our country. We would accept those additional 2,500. Five hundred would be government-sponsored refugees and 2,000 would be privately sponsored.

I know what the Liberal Party and NDP critics' jobs are, but to hear them say that Bill C-11 has not moved forward and has not helped refugees or those in need is completely false. I suggest that when they get the opportunity, they should acknowledge that they supported two parts of that bill without reserve, and those parts continue to move forward today.

Turning now to Bill C-31, Canada welcomes more refugees per capita than any other G20 country in the world. I mentioned the additional 2,500 refugees that will settle in this country. They will, through the United Nations and private sponsorship, begin to come to this country.

The facts speak for themselves. In 2011, Canada received a total of 5,800 refugee claims from people in democratic, rights-respecting member countries of the European Union. That is an increase of 14% from 2010. It means that 23% of the total refugee claims come from the EU. That is more than Africa and Asia. In fact, Hungary is the top source country for people attempting to claim refugee status in Canada. Hungary is an EU member state. That means 4,400 or 18% of all refugee claims in 2011 came from Hungary. That is up 50% from 2010.

What is even more telling is that in 2010, of the 2,400 claims made by Hungarian nationals, only 100 of them were made in countries outside Canada. That means Canada received 2,300 of those claims, 23 times more than any other country in the world. That is not by accident. Those claims are being made for a reason. What is most important is that virtually all of these claims are abandoned, withdrawn or rejected. Refugee claimants themselves are choosing not to see their claims to completion, meaning they are actually not in genuine need of Canada's protection. In other words, these claims are bogus. They are false. They are untrue. These bogus claims from the EU cost Canadian taxpayers over $170 million a year.

At the federal level, we throw figures around in millions of dollars on a regular basis. However, if the average cost of a refugee claim is $55,000 and upwards of only 38% of those claims are actually approved, we can see what we now accept and have to deal with. It costs $170 million to deal with bogus claims and claims that are withdrawn or abandoned. That money should not go to defend and try to articulate and determine whether these are actual refugees. It should go to refugees who are in fact approved and need the assistance, whether it be for settlement services, education or whatever it may be to help them acclimatize and learn about our Canadian system.

Bill C-31, the protecting Canada's immigration system act, is part of our plan to restore integrity to our asylum system. It would make Canada's refugee determination process faster, fairer, stronger and more appealing. It would ensure that we would go through this process in a faster way so that legitimate refugees would be able to settle into the country and be approved. As well, we would remove bogus claimants in a much quicker, more expedient way so that we could actually deliver services to those who deserve them.

The monetary aspect is not why we are moving forward with the legislation. However, with the implementation of Bill C-31, over the next five years, we will see a savings to taxpayers across the country of close to $1.65 billion.

Bill C-31 would also help speed up refugee claims in a number of ways. One major component is the improvements to the designated countries of origin provisions. It would enable the ministry to respond more quickly to increases in refugee claims from countries that generally did not produce refugees.

The minister and I spoke earlier of what we saw in the European Union. That is specifically why we will be able to ensure with a safe country that we can process and work through the response in a period of up to, and no more than, 45 days. That is compared to a process which now takes upward, and in many cases exceeds, 1,000 days. It goes on and on.

Much of the determination of which countries would be designated would be determined on criteria clearly outlined in both the legislation and within the ministerial order. For example, for a country to be considered relatively safe, more than 60% of its asylum claims are withdrawn or have been abandoned by the claimants themselves, or more than 75% of asylum claims are rejected by the independent Immigration and Refugee Board. If that is not an objective, neutral test, I am not sure how the opposition could actually come up with one.

Because there will be countries that do not have a threshold in terms of the numbers who come to our country and claim refugee status, where there are not enough of those claims to make an objective quantitative assessment, clear qualitative criteria will be applied to determine the likelihood that a country would produce genuine refugees. This criteria will include, for example, an independent judicial system that recognizes and respects democratic rights and freedoms and whether civil society organizations exist and operate in that country.

In fact, unlike the Balanced Refugee Reform Act, which had both quantitative and qualitative criteria specified only in regulation, Bill C-31 would have its qualitative factors enshrined in legislation, while the quantitative factors would be set out in a ministerial order. In this way, the criteria used to trigger a country for review for designation would be more transparent and more accountable than under the Balanced Refugee Reform Act. It is an important criteria and important aspect to keep in mind as we debate the bill.

The designated country of origin provisions included in Bill C-31 would bring Canada in line with peer countries, like the United Kingdom, France, Germany and Switzerland, recognizing that some countries were safer than others.

The opposition likes to use the United Nations as an example, or at least as the leadership that we should follow in terms of how we recognize refugees and how we are supposed to stay in line with what should happen in dealing with refugees in our system, in our program in our country.

However, if I could just quote from the United Nations High Commissioner for Refugees, Antonio Guterres, who has himself acknowledged, “there are indeed Safe Countries of Origin and there are indeed countries in which there is a presumption that refugee claims will probably be not as strong as in other countries”. He also has agreed that as long all refugee claimants have access to some process, it is completely legitimate to accelerate claims from safe countries.

Under Bill C-31, every refugee claimant would continue to receive a hearing before the independent and quasi-judicial Immigration and Refugee Board regardless of where he or she may have come from. Furthermore, every refugee claimant in Canada would have access to at least one level of appeal. This is contrary to the opposition statements. These procedures exceed the requirements of both our domestic law and our international obligations.

Unfortunately, what is lost in a lot of the debate on the bill is the other equally important positive aspect that it will have. Not only will it result in fewer bogus claims abusing our generous immigration system, it will also allow for legitimate refugees who are in need of Canada's protection to receive that protection much sooner than they do now.

I want to stop at this point for a moment. Under Canada's current refugee determination system, it takes an average of two years before refugee claimants receive a decision on their case. Our system has become so backward that legitimate refugees are not in a position to move forward in a much quicker way. Our system has been overwhelmed by a backlog of cases. We have started to work toward a reduction of those cases, but we have not done enough and we need to do more, which is why we are debating Bill C-31.

It is important to remind the House and all Canadians that bogus refugee claims clog up our system. They result in legitimate refugees who are in genuine need of Canada's protection waiting far too long to receive that needed protection.

Bill C-31 would further deter abuse of Canada's immigration system by providing the government the authority to collect biometric data from certain foreign nationals who wanted to enter into Canada. The minister brought forward countless examples of serious criminals, human smugglers, war criminals and suspected terrorists, among others, who had come into this country in the past, sometimes repeatedly, up to eight times, even after having been deported. As fraudsters become more sophisticated, so too must the countries that are to protect their citizens. Therefore, biometrics will improve our ability to keep violent criminals and those who pose a threat to our country out.

Foreign criminals will now be barred entry into Canada thanks to biometrics. It is an important new tool that will help protect the safety and security of Canadians by reducing identity fraud and identity theft. Biometrics, in short, will strengthen the integrity of our system and help protect the safety and security of Canadians while helping facilitate legitimate travel.

Using biometrics will also bring Canada in line with other countries that are already ahead of us in that regard, the United Kingdom, Australia, European Union, New Zealand, United States and Japan, among others.

I would like to point out that while other countries around the world are using biometrics, opposition members voted against the use of biometrics and the funding to implement it, to assist with the safety of both Canadians and those entering our country. They determined they were not going to support what Canadians, if we were to ask them, probably believed should already have been implemented.

It is not likely surprising to anyone that I certainly do support the bill and that all of the government's efforts to improve our immigration system move us in the right direction.

However, what is telling about the bill is that a large number of experts and immigration stakeholders also support the bill. I heard from both critics, from the NDP and Liberals, that all lawyers across the country did not support the bill.

The House resumed 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.

Bill C-31--Notice of time allocation motion

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

Madam Speaker, the bill that is currently being debated, Bill C-31, would protect and strengthen our immigration and refugee determination systems and it needs to be passed by June 29.

I would like to advise the House that an agreement could not be reached under the provisions of Standing Orders 78(1) or 78(2) with respect 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.

Under the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose at the next sitting a motion to allot an additional five days for the consideration and disposal of proceedings at the said stage.

That will result in a total of six days on which this bill will be debated. This is my best assessment of the time necessary to debate the bill fully, after I consulted the House leaders from the opposition parties.

Protecting Canada's Immigration System Act

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, given how the minister has undermined the current study and previous study regarding immigration policy at the citizenship and immigration committee, the minister would have been better advised to have Bill C-4 go to the committee, or at least the issues that are now within Bill C-31, and let the committee deal with them. The committee could have had witnesses and stakeholders from across the country make presentations on that. It would have been far more transparent.

Ultimately, I am sure the member would likely agree that we would have had a much better progressive piece of legislation than what is before us today. The bill would have had a much better chance of being built on a consensus and maybe we could have done away with some of the very strong problem areas that are currently in the bill.

[Hélène LeBlanc, NDP, LaSalle—Émard, QC]

Madam Speaker, I would like to say that in the riding I have the pleasure of representing, there are many people with refugee status. There is a lot of confusion, and many people are worried. These people's stories are disturbing, and I am very upset and worried about them.

I have a question for my colleague from Winnipeg North because he is a member of the Standing Committee on Citizenship and Immigration. First there was Bill C-4, which was studied in the House. Now we have Bill C-31, and before that, there was Bill C-11. Is my colleague concerned that all of these changes will make the refugee claim process even more cumbersome?

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, the member has raised an issue on which I would love to elaborate, if I had more time.

The reality is that if a refugee is on that safe list, comes here, is in detention for a year and then gets out of detention, the person could wait four more years before he or she could sponsor a family member. Ultimately it could be an additional three or four years at least before the child might be able to join the person in Canada. That is the type of policy direction the government is moving toward with Bill C-31. That is why I would say it is far from being a family-oriented bill. This legislation would cause all sorts of despair within the refugee community, especially for someone who gets the unfortunate label of being an irregular or coming from a safe country.

[Alexandre Boulerice, NDP, Rosemont—La Petite-Patrie, QC]

Madam Speaker, I would like to congratulate my colleague on his speech. I would also like to take this opportunity to say that the Minister of Immigration has some pretty strange ideas about asylum seekers and refugees, people who are persecuted and hunted, whose rights are trampled on and whose safety is in jeopardy. The minister talks about these people as though they could simply take their credit card, buy a plane ticket, make their way to the airport and come here to seek asylum or refugee status.

Sometimes, they have to do very difficult things. Sometimes, desperate times call for desperate measures. In response, the minister would punish them, accuse them and throw them in jail. Bill C-31 says that only the minister can designate countries as safe or unsafe. That is very dangerous because it creates a two-tiered system. I would like to know what my colleague thinks of this situation. What would be a more reasonable alternative?

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, I do not blame the Minister of Citizenship, Immigration and Multiculturalism for getting a little excited about that particular statement. Here is a response to the government on Bill C-31, a quote that makes reference to Bill C-4:

—[The] proposed mandatory, unreviewable, warrantless, year-long detention is patently unconstitutional. The Supreme Court of Canada decided this issue in the clearest of terms.

This is not coming from the Liberal Party but a third party stakeholder that is trying to give advice to the Minister of Immigration . It is like talking to a brick wall. The minister has his own personal agenda and it is one that I do not think most Canadians would support.

I would like to read some comments made about Bill C-4 in some letters from Faith Academy school:

I urge you to take a tremendous stand against this bill.

Another reads:

You have to understand that the main reason refugees leave their countries is because they seek shelter from abuse, persecution and civil unrest. However, under this bill, refugees—including children—are only subjected to more persecution, fear of authority and denied rights.

If Canada's main concern truly is catching smugglers, why create a bill that only appears to punish refugees? Instead, let us join together in creatively seeking a way to deter smugglers without victimizing legitimate refugees.

That is a profound statement that the minister should really listen to.

I will read some more: “The bill forces refugees to be detained and they have come from their poor quality of life only to enter a similar one. Surely we have more integrity than that. There must be a more efficient way to keep track of them. Also the rule that the family can't come for five years after the refugee is allowed is absolutely absurd.” Another says, “I think let them come but make them wait for a certain time to gain residence, but the time should be reduced. Like what if you had to be put in that situation? Think it's still right?” A further one states, “The protection they wanted for Canada is great, but making other people and even innocent children feel like they are criminals or are committing something wrong is unfair.” Finally, “Bill C-4 is a punishment to refugees and is discriminatory since they will serve a mandatory sentence of one year and they will be denied the right to family reunification for five years.”

These are letters by young adults at Faith Academy school who have actually taken the time to read Bill C-4 and to voice their concerns regarding it.

I could go back to some of those statements by the Canadian Association of Refugee Lawyers. I mention the word “lawyers” and the minister laughs. I would suggest again that the minister would do well to listen. The association states:

Refugee claimants who are put on the designated safe country list are subjected to even shorter deadlines to submit a written claim, and will not have access to an appeal.

The Minister need not justify why he deems a country safe, nor does he have to take account of the differential risk faced by certain minorities in a country that is “safe” for others. Refugees will be vulnerable to the political whims of the Minister and the government.

The last time I had the opportunity speak to the bill, I challenged the government in my question to the minister. It was a very telling picture for me when I saw in a newspaper the minister, along with the Prime Minister, standing on the back of a ship, the Ocean Lady, making a statement.

He did it again today. At the beginning of his speech, he made reference to the fact that illegal immigrants pay to be brought here on two large ships, with a high number of bogus claims. He likes to refer to those queues, which is, I argue, the demonizing of the refugee.

He went on a boat with the Prime Minister and he talked about profiteers and how the government would get tough on human smugglers. This bill would have more of an impact on refugees. In essence, individuals are leaving their countries and putting their lives in danger by getting on some of these crafts to come to Canada. They leave for a wide variety of reasons. Their lives might be in danger. Who knows? At the end of the day, they are putting their lives at risk in order to land on our shore. The minister said he does not mean just boats. It could be people arriving by plane or car. The minister said the first thing to be done is to put these people in detention.

The last time I spoke on this bill, there was a lot of discussion about how to justify putting a 14-year-old or an 8-year-old in detention. To the minister's credit, and I do not give him very much credit, but in this case I will give him some credit, he said people under 16 years of age will not be detained. I am not 100% clear. I think he attempted to address it in his remarks. How does that apply if it involves a family? I believe he said it is only youth who are 12 or 14 years old and might not have a parent who would not be held in detention.

I was a little more clear going into this debate than I am now, because of the minister's remarks. I would look to him to provide some clarification. In terms of the legislation, the government is still saying one year of detention. That is fairly strong in terms of charters, constitutional rights, et cetera. We believe the government is moving in the wrong direction and there has to be an alternative.

The minister is often quoted as referring to or implying the notion of bogus refugees. I have had the opportunity to speak with refugees. Many people come to Canada with genuine fears. Just because they might not necessarily meet the criteria of refugees does not mean that they come to Canada wanting to commit fraud. When we start to label people by saying bogus, it is to the detriment of the refugee community. The minister needs to seriously consider how he chooses his photo ops when he talks about human smuggling, for example, or when he makes general statements about bogus refugees. His definition might not necessarily be the same definition as the many individuals who come to Canada fleeing persecution.

There was another issue that the critic for the New Democrats raised that I want the minister to comment on. It is incorporated in this particular bill and it is the biometrics.

We have been looking into this issue at the citizenship and immigration committee. Individuals have come before the committee to make presentations. Now the minister has brought this in out of nowhere and put it into the legislation. Some might argue that he undermined the work of the citizenship and immigration committee. There is some very strong merit in that argument.

We had another review to deal with the backlog of immigration. On November 4, halfway through it, the minister announced a freeze so that people could not sponsor their mom and dad from India or the Philippines or any other country for at least two years. He said we were not to worry because the government has this super visa program, which would compensate for the freeze.

The government has abandoned the whole concept of family and the valuable role that plays in the mixture of immigrants to Canada. We oppose this. What amazed me was that the minister announced the 10 year super visa, and then on December 1 he provided the details of the program.

Initially I was quite supportive of the concept of the super visa. However, the details of it probably excluded the parents of over 80% of immigrants because of the financial and health requirements put into place by the government. I would argue it was ultimately a manipulation. Much like with biometrics, this was another attempt by the Minister of Citizenship, Immigration and Multiculturalism to undermine what the citizenship and immigration committee was doing.

I look to the government, and in particular this Minister of Citizenship, Immigration and Multiculturalism, to reassess what it is actually doing within the immigration department. There is a need for change. We recognize that. When asked, for example, about the role biometrics could play, we believe that biometrics can play a role. We were quite willing to discuss this, and to hear what other Canadians and other stakeholders had to say on the issue. That is why we ultimately supported the committee to deal with that issue.

There is strong merit for biometrics. The minister himself has made reference to them, in terms of individuals who were able to come to Canada, put in a claim, leave and re-enter. There is no doubt biometrics would deal with issues such as that. There is no doubt that countries around the world are trying to get a better sense of the role of biometrics in a nation's security and the integrity of our immigration system, not only for refugees but also for temporary visas for visitors, students or possibly workers. We are open to that.

We are surprised that the minister would have taken this time to bring in that legislation when in fact we have a committee that is supposed to be studying the issue. One could ultimately ask why we are looking at that issue if in fact the minister seems to be going in a certain direction.

That brings me right back to some of my opening comments.

We in the Liberal Party believe that there has to be due process. We need to ensure that there is an appeal mechanism that would enable people to be in Canada while that appeal is being heard. That would not happen under Bill C-31.

We would like to see the minister make the change that he previously agreed to. He acknowledged that there was value to it. We would like to see that change.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, I will inform the member that it was actually a Liberal government that brought it in, but if the member for St. Catharines wants to try to take the credit for that, I will give him some credit.

What the government can take credit for is the huge backlog of refugees that has been generated. Remember that it was the Conservatives who did not fill the necessary positions at the refugee board to hear the numbers, and that is what started the backlog in the refugee system. Yes, improvement has been needed but members will find that through the years there has been movement, with a good mixture of immigrants and a progressive immigration policy that includes refugees.

We in the Liberal Party value the contributions that refugees make to our country. We have had refugees who have made it to Governor General of Canada, and to every economic, business, societal, non-profit and for-profit organization. Ninety-five percent plus of refugees who settle here in Canada go on to contribute immensely to our country and nation. We recognize that and are not scared to talk about it. The government and this minister in particular, on the other hand, have a totally different objective, an objective that demonizes the refugees in our great country.

The Liberal Party does not support Bill C-31, and for a good reason. Bill C-31 is in essence Bill C-4 and Bill C-11, with one major compromise in Bill C-11. The compromise took out the idea of an advisory group that would determine and advise the minister on which countries would be on the safe list. That was good enough when the Tories had a minority government but now that they have a majority government, they are going back to the Reform ways in how they are trying to deal with refugees in our country.

The minister wants to say what is a safe country. Think of the consequences of that. The minister wakes up one day and says that country X is no longer a safe country. As result, someone who comes from that country and claims to be a refugee will in all likelihood be gone before any sort of an appeal can be heard. That person will not even be in Canada but will have had to leave the country in order to make any sort of appeal.

The minister also wants to say who is an irregular arrival. That goes back to Bill C-4. There have been arguments about that. I know the minister will often write off the Liberal Party or the New Democrats as just being the opposition speaking. I would like to provide a specific quote about the government's behaviour on that particular line, and this comes from lawyers across our country.

[André Bellavance, Bloc, Richmond—Arthabaska, QC]

Madam Speaker, an exceptional thing happened, and I am sure the member who just spoke took part in it. It was in 2010, when we passed an amended version of Bill C-11. All the parties examined the issue and improved the government's bill. Even the minister was pleased, because he said that once the bill was amended, it was an essential tool for safeguarding the integrity of Canada's immigration and refugee systems. The bill, as amended by the Bloc Québécois and the other parties, had a provision to accelerate the application process. It also provided the right to appeal for all refugees, without exception. With Bill C-31, the government is removing all that.

I wonder if the government is trying to send a message to refugees the world over, telling them not to come to Canada, that they are not welcome. That is the feeling we get from Bill C-31. What does my colleague think?

[Don Davies, NDP, Vancouver Kingsway, BC]

Madam Speaker, the clever words of a sophist are always difficult to deal with. I never said that I am protecting human smugglers. The minister uses these shifts of language quite often. I was making a distinction between the irregular movement of refugees and human smuggling. There are cases where sometimes refugees organize themselves together and leave a place on boats sometimes.

There are tens of thousands of people from Vietnam in my riding of Vancouver Kingsway. Does the member know how many of them left Vietnam on a boat? Does he know how many of them paid someone to help them leave on a boat? Under the minister, those people would be criminals. They would be victims of human smuggling.

Let us look at Australia. We had an immigration professor at UBC, who did her doctorate in Australia, give testimony before our committee last week. She testified that the very same system the minister wants to impose in Bill C-31, which would penalize entrance to Canada for regular arrivals by detaining them, had not worked in Australia. It had not deterred anyone from going to Australia. Those are the facts, but facts are a challenge for the government.

What is out of the mainstream is an extreme right-wing approach to immigration that seeks to be incendiary and uses language such as “bogus refugees”, when some of the most vulnerable people on earth, people who have a well-founded fear of persecution and are fleeing countries, deserve to have their claims treated with respect. It is unseemly for the minister of immigration to continue to use inflammatory language that misleads. People may not have a valid claim—

[Don Davies, NDP, Vancouver Kingsway, BC]

Madam Speaker, I am pleased to stand and debate this bill and present the position of the official opposition, the New Democratic Party of Canada, on Bill C-31, improperly and inaccurately named “protecting Canada's immigration system act”, because this bill would do damage to Canada's immigration system legally, socially, morally and internationally.

I want to talk about the omnibus nature of this bill which, just from a structural point of view, is something that is a disturbing feature of the Conservative government. Canadians saw already in this Parliament, the government take nine separate pieces of serious and complex crime legislation and put them into one omnibus bill and then put that before parliamentarians to discuss and debate. Now we see the minister take two separate major pieces of legislation, as well as another serious issue, which is that of biometrics, and combine those into one bill.

For Canadians who may be watching this, I want to explain a bit about what those bills are. By introducing this bill, the minister has taken Bill C-11, which was introduced in the last Parliament, debated, went through committee, was amended and passed in this very House, went through all three readings at the Senate committee and passed there, received royal assent and was waiting to be implemented this June, and the minister has stopped that bill from being implemented this June. I will tell members a bit more about what the minister had to say about that bill in a few moments. That bill was geared toward reforming Canada's refugee system.

About that bill, in June 2010 the minister said:

We have, in good faith, agreed to significant amendments that reflect their input, resulting in a stronger piece of legislation that is a monumental achievement for all involved.

These amendments, I am happy to say, create a reform package that is both faster and fairer than the bill as it was originally tabled.

Those were the comments by the Minister of Citizenship, Immigration and Multiculturalism on Tuesday, June 15, 2010. The minister has now taken the original bill that he had tabled in the previous Parliament, before those amendments that made it fairer and faster, and has thrown the amendments in the garbage and reintroduced the original bill, the very bill that he said was inferior to the amendments that were made by all parties of this House. The minister has, not unsurprisingly, neglected to explain that.

In addition, one of the first bills the Conservatives introduced in this Parliament was Bill C-4, again inaccurately and unconscionably titled a bill concerning human smuggling. It has been going through debate in this place but the minister has taken that bill and put it into this current Bill C-31. There is no explanation as to why he would take a bill, which has already been introduced and is moving through the system, slow it down and put it back into this legislative process, basically putting us behind where we would have been. I have a theory as to why that may be the case. Bill C-4 has been roundly condemned by virtually every group and stakeholder involved in the immigration system in this country, from lawyers, refugee groups, churches and immigrant settlement services across the board. I cannot name any group that has sent any message that it supports Bill C-4.

As well, the government has taken another issue, biometrics, and put that into the bill. What is puzzling about that is that approximately 30 days ago we commenced a study in the Standing Committee on Immigration and Citizenship on biometrics. We have had a handful of meetings and are in the middle of our study of biometrics and the government introduces legislative steps on the very thing we are supposed to be studying. I wonder what that says about the government's view of the work of standing committees and the experts and witnesses who appear before our committee when it actually comes to a conclusion before we have heard all the evidence.

I want to talk about the substance of Bill C-4. Bill C-4 was hastily drafted by the government when Canadians witnessed the spectre of two boats coming to the shores of British Columbia carrying some of the most damaged and wounded people on earth, people fleeing, as the minister has rightly pointed out, one of the worst civil wars in the world in Sri Lanka.

Some 550 people were on those boats. And, never ones to pass up a good photo op, the Minister of Immigration and the Minister of Public Safety were there doing news conferences outside accusing the people on those boats of being bogus and of harbouring terrorists. They said that publicly. They also accused them of queue jumping.

What anyone going through the immigration system knows up to now is that there is no queue jumping. It is a normal part of our refugee system for people to make their way to a country by regular means and make a refugee claim, and the Minister of Immigration knows that. No queue is being jumped. The Minister of Immigration actually went into immigrant communities where they were suffering long delays in their applications for permanent residency to sponsor their parents and preyed on their frustrations at his government's inability to deal with that backlog and wait time and tried to foster resentment from those immigrants toward these refugees.

We always want to be careful with our analogies but we need to consider the Jews when they were fleeing Nazi Germany during World War II. When they made their way into a neighbouring country through the dark of night, they did not arrive with a visa. They did not come through any UNHCR process because there was none at the time. They just made their way to safety. Those people were not bogus. They were not jumping any queue. They were escaping for their lives. That is what people do and that is what those people were doing on those boats.

To make the claim that those people were terrorists before there was an adjudication is as incendiary and as inflammatory as it is wrong. To this day, of 540 people, none have been deemed to be terrorists. Also, if anyone has any kind of question about their origin, there are less than a handful.

What would Bill C-4 do? It would allow the minister to concentrate his power. The Minister of Immigration wants the power to designate people as irregular arrivals. Under the bill, it just says a group. It does not define how many. We presume it is two or more. What happens to those people? Those people could be detained for up to a year without review.

I will talk about the legality of that. The identical provision has gone to the Supreme Court of Canada in the security certificate cases and it has been deemed unconstitutional, yet the government puts it right back into this bill. Moreover, the minister says that they can come out if they are deemed to be refugees. That is true but that assumes that we have a refugee determination system that would make that determination in under a year. If it does not, people could be stuck in detention for up to a year. Even if those people are deemed to be bona fide refugees, this part of the bill would still prevent those people from being able to make a permanent residency application for five years or sponsor their family for five years. I will say right now that that is a violation of the UN convention on refugees and a violation of the UN Convention on the Rights of the Child.

I will explain for the minister why that is the case. I put the question to him and he avoided answering the question. It is because the UN convention on refugees says that signatories, which Canada is, are not to put penalties on people who arrive at our shores by irregular means. If people who are deemed to be refugees are then prevented from sponsoring their families for five years or prohibited from making a permanent residency application for five years, they are absolutely being penalized because of their irregular entry.

The minister said that if they make a successful refugee claim they would be let out within the year. That is true but what about the five year bans? The minister refuses to answer that. That is the differential treatment of someone who comes through in the other process and it is a violation of the UN convention on refugees.

In terms of the rights of the child, the Ocean Lady and the Sun Sea, the two boats came to Canada's shores, included children who were travelling unaccompanied. The UN Convention on the Rights of the Child obligates signatories, of which Canada is one, to put the best interests of the child first and foremost in our determination, and that includes in the immigration system. If we have a 14-year-old or a 12-year-old child who comes to our country and is deemed by the minister to be an irregular arrival, he or she would be prohibited from sponsoring his or her parents for five years. That is not in the best interests of that child. I say that there is a violation there.

Lawyers across the country from the Canadian Bar Association to the Canadian Association of Refugee Lawyers have all said that the detention without review process will be attacked as a violation of the charter in three different ways. The act will go to the Supreme Court of Canada, mark my words.

Let us talk about the Bill C-11 component. All parties in the House in the last Parliament worked in good faith to reform Canada's refugee system. I will grant the minister that there was need for reform. The minister is correct when he says that the old system is not working. People make a refugee claim, they are denied, they appeal. Then they make a H and C application and they are denied the appeal. Then they make a pre-removal assessment application and they are denied the appeal. It can take too long to remove people who do not have valid claims.

That is why the parties rolled up our sleeves last Parliament and worked on a streamlined quick process to make those determinations. The New Democrats proposed, as we have for a long time, through our hard work, that the government actually put in place a Refugee Appeal Division, which I will give the minister credit for doing. The Liberals never did do it and the current minister did. However, it was pushed by the New Democrats all the way.

The problem with the bill is that the minister then wanted to deny access to the appeal division of people that he determined to come from so-called safe countries. The minister wanted the sole power to determine what was a safe country. Again, that is too much power concentrated in the hands of one person. The opposition asked why he did not have an independent panel of experts to guide him with firm criteria and the minister accepted that change. In fact, he praised it. He said that it made the process of designation more transparent. Those are not my words, they are the minister's words in the last Parliament. Now today, the minister has thrown that panel out and he wants to go back to the original proposals so that he alone determines what is a safe country.

As well, the minister wanted to deny access to the appeal division to people who came from what he deemed to be safe countries. In the last Parliament, we persuaded the minister and we said that everyone had a right to appeal. We cannot have a justice system where some people have a right to appeal and some do not. Imagine how Canadians would feel if we said that if they went to court, their neighbour could appeal the decision, but they could not, depending on where they came from. We were successful in saying that everyone had a right to appeal no matter where they came from.

While I am on this subject, a fundamental difference between the Conservatives and the New Democrats is that New Democrats believe that every country in this world is capable of producing a refugee. There are cases where some countries or more or less likely, but every country is capable of that. In particular, on the LGBT community, 100 countries have some form of legal discrimination against the LGBT community. Governments change.

The minister said that there were EU countries that had refugees and they had to be safe. Right now the far-right government of Hungary is currently passing laws before its parliament to have the power to pass laws in 24 hours, with 6 minutes of debate accorded to the opposition parties. It is amending the constitution. There is the situation of the Roma in Europe. Everyone knows in World War II that Jews were rounded up because of their faith and ethnicity. Roma were rounded up because of their ethnicity as were disabled and communists. These were historically discriminated against, including Roma. There is a long history of established discrimination against Roma, and those people come from Hungary. They come from the Czech Republic, from Romania, from countries that are members of the EU in some cases and those people have a right to make their claim.

The minister has thrown out the panel of experts to advise him. I ask why? If the minister is so confident that he can choose which countries are safe countries, why would he not want the benefit of advice from experts in human rights, the very idea he praised and thought was a good idea 18 months ago?

The Minister of Citizenship, Immigration and Multiculturalism may have great faith in his own judgment, but to have one person make such important determinations as to what country is safe or not, which country is or is not capable of producing refugees and who is an irregular arrival who will be subject to detention for up to a year without review and penalties that might keep their families apart for a decade. That is too much power for one person. We should build in checks and balances and that would be the case no matter who would be the minister of immigration, including a New Democrat. I do not know who would make the argument that the system is not better served by having that kind of check and balance.

In terms of the biometrics, biometrics is a system whereby this legislation would have people who apply for a visa to come to this country provide their fingerprints and pictures. That is a model we should be looking at, but there are significant privacy considerations and the Standing Committee on Immigration is looking at those very considerations right now.

The privacy commissioner has already testified and she says that providing a fingerprint for the purposes of identification to ensure that people presenting at our borders are who they say they are is fine. However, taking that fingerprint and comparing it to a wide database for other purposes or sharing that information with other countries or other bodies raises serious privacy concerns. We are in the middle of looking at those and those are issues that the government would be well advised to pay attention to before we proceed down that path.

I want to talk about a few other things that the bill would do.

The bill would prevent someone who has been convicted of a jail sentence of more than 10 years from making a refugee claim. I have raised this issue as well. Nelson Mandela was convicted of a crime for which he received a sentence of more than 10 years. Under the legislation, were that to happen today, Nelson Mandela could not make a refugee claim in Canada. He might be able to make a humanitarian and compassionate claim but no refugee claim. I have not heard the government explain that.

The bill would also, for the first time, give the minister the power to refer to the IRB the case of a refugee who had now become a permanent resident. The minister would have the power to strip that refugee of his or her permanent resident status if it were determined that circumstances had changed in the country from which the refugee escaped. That is unacceptable. People come to this country seeking safety and yet they find themselves, under this legislation, perhaps looking at being stripped of that status.

I would like to move the following amendment. I move:

That the motion be amended by deleting all of the words after the word “That” and substituting the following:

this House declines 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 bona fide refugees for up to one year without review;

(c) places the status of thousands of refugees and permanent residents in jeopardy;

(d) punishes bona 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.

[Jason Kenney, Conservative, Calgary Southeast, AB]

Madam Speaker, the premise of the question is completely wrong. We do not have jails for immigrants. There are immigration detention centres that often receive families and are equipped to care for families and children.

Having said that, I would like to point out two things. First, almost all democratic and free countries use immigrant detention much more than Canada. Even after the bill passes, immigrant detention will be very minimal. We will be moving an amendment to Bill C-31 to allow minors under the age of 16 who are not accompanied by their parents to be released from detention if they have been smuggled into the country. I imagine they would become the responsibility of provincial child welfare agencies.

[Alexandre Boulerice, NDP, Rosemont—La Petite-Patrie, QC]

Mr. Speaker, I am pleased to rise in the House once again to debate Bill C-31. I would like to ask the minister a question.

We now know that refugee families who unfortunately are smuggled into Canada will be targeted and punished by this new Conservative bill. The NDP has a number of concerns, including the fact that these families will be put in jail: the parents, who have had to resort to extreme measures in trying to flee their country, and also their children, who will be kept in detention centres.

If the children remain with their parents, will the minister ensure that these children receive appropriate psychological care and also the education to which they are entitled? Can he give us that assurance?

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

Mr. Speaker, the speech by the minister was well detailed and documented. It certainly speaks very strongly to the importance of why Bill C-31 is in the House today.

The minister used the term “biometrics”. It is important for folks who are watching the discussion on Bill C-31 to have a clear understanding of why biometrics is so important in terms of the bill and what it would bring to the ministry's ability and Public Safety's ability to track, review and ascertain the identification of an individual trying to come into Canada as a refugee.

[Jason Kenney, Conservative, Minister of Citizenship]

moved 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.

Mr. Speaker, I am pleased to have the opportunity to begin debate on Bill C-31, an act to protect Canada's immigration system.

Canada has a proud tradition as a welcoming country. For generations, for centuries, we have welcomed newcomers from all parts of the globe.

For more than four centuries, we have welcomed new arrivals, economic immigrants, pioneers, farmers, workers and, of course, refugees needing our protection. We have a humanitarian tradition that we are very proud of. During the 19th century, Canada was the North Star for slaves fleeing the United States. We accepted tens of thousands of black Americans and offered them freedom and protection.

Throughout the 20th century, we welcomed more than one million refugees, including those who fled communist governments, like the people of Hungary in 1956, when we welcomed 50,000 Hungarian nationals. In 1979, we accepted 60,000 Vietnamese nationals, refugees who were fleeing that decade's communism. We are very proud of our tradition. With this bill, this government is going to reinforce and enhance our tradition of protecting refugees.

I am pleased to say that our government is increasing by some 20% the number of resettled refugees, UN convention refugees who are living in camps in deplorable circumstances around the world. We will now accept them and give them a new life and a new beginning here in Canada. We are also increasing by some 20% the refugee assistance program to assist with the initial integration costs of government assisted refugees who arrive here.

We continue to maintain the most generous and open immigration program in the world since our government came to office, welcoming more than a quarter of a million new permanent residents each year, the highest sustained level of immigration in Canadian history, adding 0.8% of our population per year through immigration, representing the highest per capita level of immigration in the developed world.

However, for us to maintain this openness, this generosity toward newcomers, both economic immigrants and refugees, we must demonstrate that our immigration and refugee programs are characterized by fair rules and their consistent application.

Canadians are a generous and open-minded people but they also believe in fair play. Canadians insist, particularly new Canadians, that those who seek to enter Canada do so in a way that is fully respectful of our fair and balanced immigration and refugee laws.

That is why Canadians are worried when they see large human smuggling operations, for example, the two large ships that arrived on Canada's west coast in the past two years with hundreds of passengers, illegal migrants who paid criminal networks to be brought to Canada in an illegal and very dangerous manner.

Canadians are also worried when they see a large number of false refugee claimants who do not need Canada's protection, but who file refugee claims because they see an opportunity in Canada's current refugee system to stay in Canada permanently and have access to social benefits even though they are not really refugees in need of our country's protection.

Canadians want Parliament and this government to take strong and meaningful action to reinforce the integrity and fairness of our immigration and refugee systems, which is why we tabled Bill C-31.

The bill has three principal elements: First, it includes essentially all of the provisions of the bill currently on the order paper known as Bill C-11, a bill designed to combat human smugglers from targeting Canada and treating this country like a doormat; second, it includes important revisions and improvements to our asylum system to ensure that we grant fast protection to bona fide refugees who need Canada's assistance, but that we remove from Canada false asylum claimants who seek to abuse our generosity; and third, it would provide for the legislative authorities for the creation of a new biometric temporary resident visa program which would be the single-most important advance in immigration security screening and the integrity of our system in decades.

With regard to the first question, as I was saying, the destination for major voyages organized by criminal networks in Southeast Asia and human smugglers was Canada. Only two major voyages have reached Canada in the past two years. Thanks to the efforts of our intelligence and policing agencies and the co-operation of the countries of transit of the illegal migrants from Southeast Asia, we managed to prevent a number of other human smuggling voyages from reaching Canada.

Thanks to the strong investigatory police and intelligence operations of our agencies in Southeast Asia and in West Africa, we have succeeded in preventing several large planned voyages of illegal smuggled migrants to Canada. I know some members of the opposition categorize these as humanitarian missions of hapless refugees but we need to be clear on what we are talking about. The networks targeting Canada were typically gunrunners running illegal armaments and weapons into the Sri Lankan civil war. They were profiteering from one of the deadliest civil wars around the world in recent decades. When the war ended, they needed a new commodity to move so they took on people. Every year around the world, thousands of people die in dangerous illegal human smuggling operations, whether they are marine migrants off the coasts of Australia, or people being smuggled in cargo containers who suffocate to death as they cross the British Channel, or people who are dying while trying to cross the Mexico–U.S. border under the guidance of coyotes of illegal smugglers.

Every year, thousands of people die as a result of human smuggling networks. We therefore have a legal and moral obligation to put an end to these dangerous human smuggling operations and prevent the deaths that occur each year.

I do not want to be the Minister of Citizenship, Immigration and Multiculturalism on whose watch we have a large vessel of illegal smuggled migrants headed to Canada in a leaky vessel that goes down in the Pacific Ocean at the great cost of human life if we have not done everything within our power to prevent human smugglers from targeting this country.

The anti-smuggling provisions of Bill C-31, which were previously included in Bill C-11, would give us additional tools to combat the smugglers. First, it would impose stronger penalties, both in financial fines and prison sentences, on the shipowners and the smugglers, although, admittedly, it is very hard to prosecute the smugglers because they typically operate offshore.

Second, the bill would enhance detention provisions for smuggled migrants who arrive in an operation that would be designated by the Minister of Public Safety as a designated irregular arrival or smuggling event. This is because when hundreds of people arrive in such an operation without documents, without visas, having arrived illegally in violation of several immigration and marine laws or other statutes, we need the time to be able to identify who they are. We need to know whether they are admissible to Canada and whether they constitute a security risk to our country. We cannot practically do that for a large number of smuggled migrants overnight.

We have to be able to keep illegal immigrants in custody, in a completely humanitarian way, so that they can be identified. However, let us be clear: Bill C-31 continues to give migrants, even illegal and smuggled migrants, the right to file a claim for refugee protection with the Immigration and Refugee Board. We will therefore not refuse anyone access to our asylum system, even in cases where people arrive in the country in illegal ways.

The bill proposes humanely detaining migrants who arrive through illegal smuggling operations for up to 12 months without review.

That again would allow our intelligence agencies to do the necessary background checks on such individuals.

I should mention that these provisions are far more modest than those used in most other liberal democratic countries like Australia, New Zealand, the United States, the United Kingdom and most European countries.

Finally, we would disincentivize illegal migrants from paying often tens of thousands of dollars to criminal gangs in order to be smuggled to Canada by indicating that even if they get a positive protection decision at the IRB, if they arrived in a designated irregular smuggling event, they would not receive permanent residency for at least five years. They would receive protection. They would not be refouled to their country of origin. We would be fully respectful of our legal and moral obligations under the United Nations universal conventions on refugees and torture, as well as our obligations under the Charter of Rights and Freedoms, as defined by the Supreme Court of Canada in the Singh decision and other jurisprudence.

We would fully respect our absolute obligation of non-refoulement of people deemed to be facing risk to their lives or persecution in their country of origin, but we are not obliged to give immediate permanent residency to such individuals. With immediate permanent residency comes the privilege, not the absolute right but the privilege, of sponsorship of family members. The reason is that many smuggled migrants, we know from our intelligence, calculate that they will be able to pay the $40,000 or $50,000 obligation that they have made to the smuggling network by sponsoring subsequent family members to help them pay off the debt. We need to create some doubt in the minds of would-be smuggled migrants that they would be able to benefit from such provisions as family reunification. That is what the bill seeks to do.

Second, let us look at the changes to the asylum system proposed in the bill.

I would first like to remind the hon. members that, in June 2010, this House approved important and balanced reforms to the asylum system in order to make it fair and effective, but the current system is broken. It is not working. It takes almost two years for refugee claimants to get a hearing before the IRB. That means the real victims of persecution must wait almost two years to be certain that they have Canada's protection. That is unacceptable.

However, we are seeing an increasing number of false claims for refugee protection in the system. More specifically, since the bill on balanced reforms to the asylum system passed in 2010, there has been rising tide of false asylum claims filed by nationals from countries that are completely democratic, liberal and respectful of human rights. I am speaking specifically about countries in the European Union. Frankly, I find it a bit strange that we are receiving more refugee claims from the European Union than from Asia or Africa. It does not make any sense.

Last year, we received 5,400 refugee claims from European nationals, almost none of whom attended their hearings before the Immigration and Refugee Board. That means that almost all European claimants abandon or withdraw their own refugee claims.

Virtually all of these European asylum claimants are abandoning or withdrawing their own asylum claims. They are not even showing up for the hearing. However, what almost every single one of them does show up for is the initial interview that is required to get the status document as an asylum claimant which qualifies them for an open work permit, full interim federal health care benefits, which are better than the health benefits available to most Canadians, provincial welfare payments, and several federal cash grants for programs.

We stand for the protection of real refugees. We stand against the abuse of Canada's generosity. That is why these measures are necessary. They take a balanced approach. I regret to see members of the opposition turn a blind eye to what is widespread abuse of the system. That is not my opinion. That is a reflection of the fact that in too many cases the applicants do not show up for their hearings, but they do show up to collect Canadian social benefits.

What we seek to do is strengthen the reforms adopted in 2010 by allowing the minister to more quickly designate certain countries which are known not normally to produce refugees, which countries would see an abandonment rate at the IRB of 60% or more, or a rejection rate by the IRB of cases heard of 75% or more, and/or which countries are respectful of human rights and are signatories to the UN convention on refugees, which have an independent judiciary and allow independent NGOs to operate. These are the kinds of countries we are talking about. Claimants from those countries would receive a hearing at the IRB in a delay of about 45 days and that is it. They would receive no further appeals.

Under the current system, with the redundant administrative appeals and post-claim recourses, a manifestly unfounded asylum claimant is able to stay in Canada often for up to five or six years or longer and claim benefits that whole period of time. This is a positive incentive for false claimants to abuse and clog up our system, while delaying protection for the bona fide refugees who do need our protection.

I reiterate that the bill would also create the new refugee appeal division. The vast majority of claimants who are coming from countries that do normally produce refugees would for the first time, if rejected at the refugee protection division, have access to a full fact-based appeal at the refugee appeal division of the IRB. This is the first government to have created a full fact-based appeal.

I find it ironic to hear members of the opposition complain that this government is insufficiently concerned about the procedural rights of refugees when the Liberals in particular refused to create the refugee appeal division. We are putting it in place because we want to ensure that real refugees get Canada's protection. That is why we are actually strengthening this dimension of the system.

Finally, the bill includes legislative authorities to allow the government to require foreign nationals to submit biometric data, particularly fingerprints and a digital quality photo, when applying for a temporary resident visa. In doing so, we would be adopting the same approach as Australia, the United States, the United Kingdom, and increasingly the European Union to harness new technology to facilitate the movement of legitimate visitors, travellers, business people and students to Canada, yet we would be able to better detect those who intend to do this country harm. I have a long list of criminals who have come back to Canada, some as many as 10 times, on fake documents and fake passports. One was deported eight times on more than 30 counts, including theft and fraud, and kept coming back to Canada on fake documents. With biometric visas, that would no longer be possible.

I hope this bill will lead to serious consideration of these important measures to protect our proud humanitarian tradition of refugee protection and our large and open immigration system, but also to maintain the integrity and fairness of that system. That is something we owe all Canadians and new Canadians now and in the future.

[Dr. Catherine Dauvergne]

The best and most detailed study is by the Australian Human Rights Commission, which has demonstrated that there are devastating effects on children held long term in migration detention. One of the changes between Bill C-4 and Bill C-31 is that the new legislation does not call for mandatory detention of children. But it does not address the question of what will happen to children whose parents are mandatorily detained.

Currently, much detention of children is considered to be optional or is detention that is chosen by their parents. I think this is an issue that really needs to be tackled head-on. It's simply unreasonable to say that we're only going to allow people to be detained when their parents make that choice for them. We know that detention is very detrimental to children, and we also know that parents who have arrived in a foreign country and who have no family, no resources, and no connections are not going to choose to have their children separated from them.

So this is an inevitable consequence of that legislation, on which we've made some progress, but not enough.

[Matthew Kellway, NDP, Beaches—East York, ON]

Okay.

Very briefly, Dr. Dauvergne—I think I have a minute left, or you have a minute left—on the issue of the detention of children, you mentioned that there were about 500 kids in detention last year through refugee claims. I'm wondering if there are any studies or if there is any evidence about the impacts of detention on families and on children themselves. Is there any useful information in advance of the potential passage of Bill C-31 and this extended period of detention it contemplates?

[Dr. Catherine Dauvergne]

I think the most important concern for parliamentarians here, at this juncture, is that it's really important to incorporate human rights considerations into up-front planning of security regulation. The main reason for this is that by incorporating human rights concerns at the front end of designing security directive legislation, that will leave Parliament in control of those provisions.

If Parliament passes legislation that isn't attuned to what its human rights obligations possibly are, then there will almost certainly be legal challenges. Those matters will go to the courts, and then the courts will be in a position of deciding what the law is going to look like. So in issues such as the detention provisions in Bill C-4 and now Bill C-31, by taking the initiative and making human rights-attuned adjustments at this stage, Parliament has a better chance of being in control of what the outcome is.

[Dr. Catherine Dauvergne]

There's no difference at international law between the entitlements that are available for both those categories of refugees. Indeed, the international refugee convention quite explicitly, of course, understood that there was not going to be a way for refugees fleeing persecution to necessarily obtain a visa to travel somewhere. So that international law commits all countries—147 countries around the world—to ensuring that people do not face any penalties for their mode of arrival in a country. Indeed, it's a breach of international law to attempt to charge people with illegal entry or to otherwise punish them.

So the proposals that were in Bill C-4 and that are now reproduced in some part in Bill C-31 are a direct contravention of the international refugee convention on this point.

[Don Davies, NDP, Vancouver Kingsway, BC]

Thank you to both witnesses for being here.

To you, Dr. Dauvergne, I understand you got your Ph.D. in Australia. As I'm sure you know, part of this study is to look at detention in a security context, particularly mandatory detention, as an issue. This government, through Bill C-4, which was introduced in this Parliament, and its reconfigured form as Bill C-31, proposes to introduce a mandatory detention regime in the context of regular arrivals designated by the minister.

I'm just wondering. I'm aware that Australia has had a mandatory detention scheme in place for some time. Could you comment on whether there are any lessons for us from Australia in that regard?

Business of the House

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

Mr. Speaker, I do want to express my amusement, I guess is the best word, at the opposition House leader's great interest in the democratic process in the Senate. Of course, his party's position is that body should be abolished. The one benefit is that if he had his way, Bill C-10 would already be law today. That is something we hope will happen very soon.

Let me begin by thanking the hon. member for asking for the business of the House in the upcoming week. I am happy to provide it to you, Mr. Speaker, to him and, indeed, to all Canadians. This afternoon we will continue debate on Bill C-28, Financial Literacy Leader Act.

Continuing our week focused on jobs and economic growth, because that is what this week is about, tomorrow morning we will resume debate on Bill C-28, the financial literacy leader act, and in the afternoon we will debate the Canada-Panama economic growth and prosperity act, Bill C-24. That bill implements a free trade agreement that was signed almost two years ago, which will create new jobs for Canadians by opening new markets for Canadian exporters and workers. The bill was studied and passed by the international trade committee in a previous Parliament and has been debated on numerous days at second reading in this Parliament.

Monday will be the fifth allotted day, when I understand we will debate an NDP motion. I know members of the House would appreciate it if the opposition House leader could tell us what motion we will be debating at that time. I know I am certainly interested.

On Tuesday afternoon, we will begin debating the protecting Canada's immigration system act, Bill C-31. I also understand that the safe streets and communities act, Bill C-10, will be returning from the other place very soon. We will consider Senate amendments on Tuesday morning and Wednesday. The amendments relate to the civil remedies for terrorism portions of the act, which I understand enjoy support from all parties. Thus I would invite the opposition to agree to move quickly on those items that we all support, so that we can get those provisions into law as soon as possible.

As the House knows, the government committed to passing this bill within 100 sitting days, and we will keep that commitment. Thursday, March 8, will be the sixth allotted day of this supply period, which will also go the NDP, I understand.

Rights of the Child

[Alexandre Boulerice, NDP, Rosemont—La Petite-Patrie, QC]

Mr. Speaker, at least 430 children are detained in Canadian prisons every year. These are children of refugees, children of war, children of famine and violence. Yet what are we offering them? A stay in prison with no education and no psychological support. Why? Because an officer felt that their parent could not appear before the authorities or because that parent could not satisfy the officer as to his or her identity. Is this going to improve? Certainly not.

Bill C-31would lengthen prison sentences for refugee claimants who arrive by boat with a so-called smuggler or, worse still, a group designated directly by the minister. And so dozens more children will be languishing in our prisons.

The Canadian Council for Refugees, an organization in Rosemont—La Petite-Patrie, maintains that this incarceration is contrary to the Canadian Charter of Rights and Freedoms and the international Convention on the Rights of the Child.

You can be sure that the NDP will be working hard to mobilize public opinion to ensure that Mr. Harper’s new prison cells never become filled with dozens of children—

[Don Davies, NDP, Vancouver Kingsway, BC]

Madam Speaker, on November 29, I rose in the House to address what I thought was a disturbing trend happening at the Immigration and Refugee Board, or IRB. The trend appears to be that there are more and more Conservative appointments being made to that body and fewer and fewer claims for refugee protection are being accepted. We now have the lowest rate of approvals in Canadian history.

I and many MPs have stood in the House to highlight cases where the system appears to have failed and we have called on the government to act to help an immigrant family or refugee. Invariably, the minister or parliamentary secretary responds that all applicants have gone through our system and we must trust that the system works. They say that the process is fair. They claim the IRB is independent. They say that our system has several opportunities for appeal.

Most important, when asked if there is anything they can do to prevent a deportation of a particular individual, they often point out that they do not want cases to be decided by the whim of the minister or to be subject to political interference. I could not agree more with that sentiment, but political interference is, regrettably, becoming apparent throughout the system. How are we supposed to have faith in our system when we hear about patronage appointments made to the IRB?

When I asked the minister about patronage appointments in the House, he said that he knew of only two appointments that had Conservative ties. In less than 24 hours, we were able to find 16 former Conservative politicians, candidates, donors or advisers to ministers of the government had, in fact, been appointed to the IRB.

Since November, we have learned of two more recent patronage appointments, people appointed to the IRB apparently because of their Conservative ties as opposed to their independence or expertise. Worst of all, we have learned that these board members seem to be biased against granting refugee protection. One member, who was recently reappointed by the government, was reappointed despite granting zero out of 169 refugee claims that he heard.

This would not be so troubling if the lives of people were not at stake, but they are. The integrity of the IRB is critical to the integrity of the whole system. If we cannot trust the independence of the IRB, then all the appeal processes in the world do not matter. What we know about appeals, particularly in relation to the Federal Court of Canada, is that the appeals are not based on the merits of the case. They are not even based on the facts of the case. The appeal process simply determines whether the process was followed properly and whether procedural justice and natural justice principles were observed.

We are told to trust the independence of the system, but the minister introduced Bill C-31, which inserts great potential for political interference into our immigration system. With Bill C-31, we learn that the minister wants even more power to be concentrated in his office. He has backtracked on a pledge he made to all parties in the House and all Canadians to approach refugee issues with a better sense of fairness and balance.

The minister wants the discretion to designate countries, in his opinion, as safe. He wants the sole discretion to determine by that discretion who has access to the Refugee Appeal Division. The minister wants the sole discretion to decide if a refugee's arrival in Canada qualifies as irregular. The minister wants the power to impose mandatory detention for up to a year on people whose biggest crime may be thinking that Canada will offer them safety from persecution.

It is getting harder and harder to take the government's advice to trust the system. How can we when we see the creeping of political interference and political judgment into a process that should be quasi-judicial and completely free of any kind of partisan hand.

Will the government stop this disturbing trend toward injecting political ideology into our immigration system and return to a commendable record of having an independent IRB and immigration system?

Citizenship and Immigration

[Jason Kenney, Conservative, Minister of Citizenship]

No it is not, Mr. Speaker. As is often the case, the member is completely wrong. In fact, there is nothing in Bill C-31 that would give a minister power to revoke permanent residency from anyone. There is already in the Immigration Refugee Protection Act a power for the Immigration and Refugee Board. That would be an independent, quasi-judicial body that can revoke protected status and/or permanent residency from people who obtained it fraudulently.

Yes, we do believe that people who fraudulently obtain asylum or permanent residency should have that reviewed. If they obtained it fraudulently, it can and should be revoked by the IRB, not by the minister.

[Sadia Groguhé, NDP, Saint-Lambert, QC]

Mr. Speaker, unfortunately, the problems associated with immigration are not limited just to waiting lists. Le Devoir revealed this morning that under Bill C-31, the Minister of Citizenship, Immigration and Multiculturalism wants to reserve the right to take permanent resident status away from anyone who ceases to be protected by refugee status. This is a major change that affects the status of thousands of residents.

Why make this change, which threatens permanent residents? And why concentrate so much power in the hands of the minister?

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, the Canadian Association of Refugee Lawyers has concerns in regard to Bill C-31, as does our party. It said, “The designated 'safe' country list, and the Minister's unilateral power to list countries, dangerously politicizes the refugee system”.

Will the minister agree to an amendment, similar to that contained in the bill from the last Parliament which passed the House unanimously, that would require the minister to make recommendations for countries to be listed from an advisory committee?

[Jason Kenney, Conservative, Minister of Citizenship]

Mr. Speaker, if the opposition has some common-sense ideas for amending Bill C-31, I am open to hearing them. With the reform we are proposing, the system will continue to be the fairest in the world. Canada is going to provide protection for real refugees within two months, instead of two years under the current system. At the same time, we are going to address the wave of fake claims for asylum from democratic countries. If the opposition has any ideas for achieving that goal, we are open to hearing them, but we have to enhance the integrity of Canada's immigration system.

[Jason Kenney, Conservative, Minister of Citizenship]

Mr. Speaker, I appreciate the thoughtful question. Unfortunately, the premise is entirely wrong because the criteria for the designation of safe countries is laid out in Bill C-31. In part, it will include countries that have a rejection rate at the IRB of 85% or more. I am not the one who makes those decisions. It is the independent decision makers at the quasi-judicial independent IRB.

It is very interesting to see the member's indignation. All we are saying is that those claimants will not have access to the Refugee Appeal Division. The Liberals refused to bring in a refugee appeal division. It is this government that is finally creating the Refugee Appeal Division.

Protecting Canada's Immigration System Act

[Vic Toews, Conservative, Provencher, MB]

moved for leave to introduce 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.

(Motions deemed adopted, bill read the first time and printed)