Bill C-31 (Historical)

Protecting Canada's Immigration System Act

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

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

Protecting Canada's Immigration System Act

[Djaouida Sellah, NDP, Saint-Bruno—Saint-Hubert, QC]

Mr. Speaker, although I was not an MP in the previous Parliament, I know that this bill is the logical successor to Bill C-11, which was passed in the 40th parliament. I know enough about this file to say that the bill was negotiated by all parties, including the NDP.

A number of my colleagues, such as the member for Trinity—Spadina, worked very hard to ensure that the bill—which contained some of the measures included in this new bill—would be acceptable to everyone and would bring people together.

What I find fascinating is that none of the negotiated measures are found in this bill, even though they were quite acceptable to the Minister of Citizenship, Immigration and Multiculturalism, the member for Calgary Southeast, who said:

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.

Am I dreaming? What has become of the “stronger piece of legislation” that the Minister spoke about? But more importantly, what has become of the good faith?

This bill is the latest manifestation of a new Conservative tradition. Ever since I have been in the House, the Conservatives have gone about things the same way. With every bill, we get the same performance. The government proposes measures and refuses to listen to anyone who does not like them or who suggests changes, as though it were sacrilegious to consider any bill to be less than perfect as of the first reading.

That kind of attitude is deplorable. It is bad for our country and for Canadians because, instead of coming up with the best possible solution for them, we have to settle for things like this.

There are ideological differences between the NDP and the government. That much is clear. The government needs to talk about something other than its “strong mandate”. The fact is that most Canadians did not choose the Conservatives. Not even a majority of voters chose them.

This government has to open its eyes and start working with the opposition parties to improve bills in ways that will benefit Canadians.

Many groups oppose this particular bill. Among those expressing their opposition are groups that the members opposite would call friends of criminals: the Barreau du Québec, the Canadian Bar Association, Amnesty International and Human Rights Watch. However, these groups speak with considerable authority, and I trust their opinions.

All of these groups raised the following points. First, the minister's discretionary power to designate so-called safe countries is too great. This is not about whether I trust the current minister or not. I would rather leave him in the dark about that. This is about knowing who decides which countries are on the list and about considering how the minister—the current one or his successors—will be subject to economic and diplomatic pressure to that end.

Second, a two-tier refugee system is also a problem. Some will have rights, and others will be assumed to be abusing the system. There will be no consideration for personal history.

What also bothers me about this bill are the potential violations of the international convention. I am sure my colleagues across the floor also received the letter from Human Rights Watch. I urge those who have not yet read it to do so.

The letter raises four points that the organization is really concerned about. First of all, the year-long mandatory detention of asylum seekers violates the Convention Relating to the Status of Refugees, specifically article 31, which prohibits imposing penalties on refugees simply because they had to enter a country without authorization.

Second, the five-year ban on applying for permanent resident status violates article 34 of the Convention Relating to the Status of Refugees. Under that article, states must, as far as possible, facilitate the assimilation and naturalization of refugees. Human Rights Watch is also concerned about the right of separated refugee families to reunite, since obtaining permanent resident status usually takes at least six or seven years.

Third, detaining 16 and 17-year old children violates the UN Convention on the Rights of the Child. Lastly, Human Rights Watch is concerned about the power vested in the minister to designate which countries are considered safe. In short, once again, all of this will tarnish Canada's reputation on the international stage.

Canada has a reputation as a welcoming country. I have seen this first-hand as an immigrant myself. My experience as a landed immigrant was quite different from what a refugee might experience, but I simply cannot accept that people would systematically be detained because they had to flee an untenable humanitarian situation in their own country. I refuse to let Canada become a country where refugee claimants are treated so poorly that legitimate refugees could be deported before they even have a chance to learn about their rights and the system.

I do not want my country to become a place where refugee claimants will not be considered simply because the government does not want to offend some countries with which it wants to do business. And I certainly do not want to see two classes of refugees.

I strongly oppose this bill because it is harmful to refugees—people who are already vulnerable—instead of offering them a fair, balanced system that does not attack legitimate refugees.

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

Mr. Speaker, I would like to thank the hon. member for her very eloquent speech. In my riding, Charlesbourg—Haute-Saint-Charles, 14% of the population is made up of immigrants and children of immigrants. Some of these people came to Canada as refugees, others as landed immigrants. The bill, as written, seems to create a two-tier system, meaning that some refugee claims will be processed more quickly than others.

What will happen to 16- to 18-year-olds, young people who have not yet reached the age of majority? The government says that mothers and their children under 16 will be kept together in these famous centres, but what will we do with the fathers? Will they be separated from their families? How much will these famous refugee detention centres cost? There is talk of $170 million for health insurance and other services.

[Djaouida Sellah, NDP, Saint-Bruno—Saint-Hubert, QC]

Mr. Speaker, I thank my colleague for her question. Clearly, this bill will cost taxpayers quite a lot of money. Yet we have a very valid system, and there are many regulations to prevent bogus refugees from entering the country, as the members across the way claim.

Certainly, this bill will impose one year of arbitrary detention without habeas corpus. Parents will be separated from their children. Spouses will be separated for years, and some people will see their permanent resident status revoked when it is deemed that they can safely return to their country of origin.

I have no answer for my colleague. She should instead ask the Minister of Citizenship, Immigration and Multiculturalism why he is again turning his back on Canadians.

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

Mr. Speaker, I have a question for my colleague about this bill, which will mean that everyone seeking asylum in Canada will be placed in detention for nearly a year.

My concern is that we are now saying that people who arrive by irregular entry would be placed in some form of detention. We are also saying that if they do not come from a country that we recognize as potentially legitimate in terms of their seeking refuge, they would not be allowed in at all.

In the case of Hungary, the Federal Court of Appeal has ruled that “the evidence is overwhelming that Hungary is presently unable to provide adequate protection to its Roma citizens”.

Does my colleague believe that creating a blanket rule that certain countries are safe and certain countries are not would create a threshold that actually would keep people who need our help from being allowed to come to Canada.

[Djaouida Sellah, NDP, Saint-Bruno—Saint-Hubert, QC]

Mr. Speaker, I thank my colleague for that relevant question. I have here a document I got from the Canadian Association of Refugee Lawyers. I would like to read what it says about the bill:

Bill C-31 gives the Minister broad and vague powers over the lives of refugees. The Minister says he will exercise those powers prudently and fairly. But the Bill also minimizes the Minister’s accountability for how he uses those powers. The Bill contains few remedies if there is an abuse of power by the Minister or his agents.

The minister tells us to trust him but that is not good enough in democracy.

[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.

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

Mr. Speaker, I find it somewhat ironic, even ridiculous, that the member opposite is asking us to agree on a bill, when there was a general consensus among all members of the House on Bill C-11. Everyone made compromises and agreed on the matter. Now, the Conservatives have come back with an amalgamation of bills that are condemned by defenders of rights and freedoms in Canada. Canada's international obligations are being violated in this bill.

Among other things, in this senseless amalgamation of bills, Bill C-4 infringes on the rights of refugees, instead of helping them and dealing with smugglers. There is a lot of inconsistency in all this. I do not see where the government's good faith is with regard to amendments that might be presented. It is also turning a deaf ear to expert advice.

[Tom Lukiwski, Conservative, Regina—Lumsden—Lake Centre, SK]

Mr. Speaker, the previous bill, the Balanced Refugee Reform Act, was passed unanimously by the House, but as the minister clearly stated at the time, it was a good first step. Refugee reform is not static. It needs to be enhanced and updated at all times.

I would ask the member opposite who said that she feels our government is being unfair, if 95% of claimants from the European Union voluntarily withdrew their claims, what does she say about that? Are those legitimate claimants? Of course not.

It has been well documented for years and years, if not decades, that there have been bogus claimants coming to this country under our generous immigration system. Some of them not only have been bogus, but they have been criminals attempting to get into our country because we have such a generous and, quite frankly, lax immigration system.

This will tighten up the system with the reforms needed. It is not being unfair; it is just the opposite. It is a fair way to deal with immigration systems, and refugee reform is desperately needed.

[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, Regina—Lumsden—Lake Centre, SK]

Mr. Speaker, I would like to point out a couple of things.

Number one, the minister does not have arbitrary powers to designate safe countries. That designation comes from the Immigration and Refugee Board. There is a system, both qualitative and quantitative, of factors that determine what should be considered a safe country.

I would also like to point out to the hon. member opposite that his former leader, Mr. Ignatieff, stated just that, that there has to be a system to designate safe countries, because otherwise, if we do not have that kind of system, abuse in the refugee system could take place.

His former leader recognized that the designation of safe countries in a reform of the immigration and refugee system that we have in Canada was desperately needed. We agreed with him then. We agree with him now.

[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.

[Andrew Cash, NDP, Davenport, ON]

Mr. Speaker, something has become a lot clearer for me after listening to the government today. Among many of the reasons the government is trying to dismantle Canada's social safety net is apparently to make Canada less attractive to supposed queue jumpers. This is outrageous.

I want to get back to the whole idea of bogus refugee claimants. If 95% of them are withdrawing their applications in the first place, let us deal with the remaining 5%.

In my riding there is a Roma community. Human Rights Watch has stated there are documented cases of racist and xenophobic violence directed particularly against the Roma and inadequate police protection in a number of EU member states. These are not bogus refugee claimants. It is a vulnerable community. They come to Canada and if they are given the right opportunities, are in the right communities and are nurtured properly, they contribute to our society and tax base.

Does the member really think that members of the Roma community are bogus refugee claimants?

[Mark Adler, Conservative, York Centre, ON]

Mr. Speaker, it is interesting listening to NDP members. I have to say that I understand that they want to oppose. That is their role here in this Parliament. However, it is one thing to oppose constructively, it is a whole other thing to oppose to spread fear and derision throughout the country.

The member who spoke two speakers ago, and I cannot remember his riding, spoke of Human Rights Watch. Let us look at the record of Human Rights Watch. Human Rights Watch, by the admission of its founder, is anti-Semitic, anti-Israel, anti-American and anti-Canadian. This is an organization that the NDP members line themselves up with and take advice from. It is a shame and a disgrace.

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

Mr. Speaker, I am sorry, but the hon. member is smearing organizations that are known around the world for defending human rights. I think the hon. member should be careful about what he says and stop accusing the NDP of spreading fear and being anti-Canadian.

During the last Parliament, the government accepted our amendments, but we know full well that it did so only because it had a minority. It had no choice if it wanted the bill to pass.

Now that the Conservatives have a majority and have removed the NDP amendments knowing that the bill will pass, how can they accuse us of not wanting to negotiate with them?

Can the hon. member rise today and say that the Conservatives are going to reinstate the amendments and negotiate with us? If the government decides to accept our amendments, the NDP might pass the bill.

Are the Conservatives going to negotiate with us?

[Mark Adler, Conservative, York Centre, ON]

Mr. Speaker, I do not have to take any lessons from the NDP in terms of truth. The NDP, in this instance, has lined up with Human Rights Watch, an organization which has been declared by its founder to be anti-Semitic and have an anti-Israel bias. It has not said a word about the slaughter of Syrians by the Syrian regime. This is an organization that the NDP lines up with. The facts speak for themselves. It was the NDP that brought up Human Rights Watch, not me. The NDP members should stand by their wild accusations and be proud of them. That is fine. They can go before the Canadian people and tell them that.

I have to say that if the NDP members want amendments, and they were so happy with the bill they had before the previous Parliament of which I was not a member, then why did they defeat the government and force an election?