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.

[Sadia Groguhé, NDP, Saint-Lambert, QC]

In the Immigration and Refugee Protection Act, the legislator made it possible to hold the refugee claimant on limited grounds, particularly to verify the person's identity while complying with Canadian legislation on detention in Canada. In Bill C-31, we are introducing provisions that seem to depart from the act and the charter.

I'd like to know what you think about this and what these new provisions are based on.

[Les Linklater]

Our estimates are that with the provisions contained in Bill C-31 that's generally what will happen. The claims will be heard on a much faster basis. Those who need protection will then be channeled in to the permanent resident stream much more quickly, and we wouldn't be removing those individuals. Those individuals who are found not to need Canada's protection would then be moved into the removal stream with the view that removal would take place within one year from their last negative decision at the IRB, whether that's the RPD or the new appeal division. With new tools like the assisted voluntary returns program, which Mr. Hill mentioned in his opening remarks, we feel that this is going to help incent individuals to depart Canada voluntarily as well, and will allow CBSA to focus on high-profile and serious cases for removal within that one-year period.

[Costas Menegakis, Conservative, Richmond Hill, ON]

From beginning to end, if I recall correctly, it can currently take in excess of 1,000 days, versus somewhere around 200 days after Bill C-31 is implemented.

[Costas Menegakis, Conservative, Richmond Hill, ON]

When the minister appeared before us last Thursday—you were here, Mr. Linklater—one of the things that struck me was the amount of time it takes for a bona fide, legitimate asylum claimant to be processed today versus what the case will be if Bill C-31 is implemented.

Can you give us those numbers one more time, please?

[Costas Menegakis, Conservative, Richmond Hill, ON]

Thank you, Mr. Chair.

Good morning, all. Thank you for being here today and for testifying before us on this beautiful, bright Monday morning.

I want to speak a little bit about how Bill C-31 would reduce the attraction of coming to Canada by way of illegal human smuggling. What we want to do, of course, is limit those who use those channels.

First, why do you think certain individuals seek Canada for asylum rather than a country that is near by? Something must attract them for them to want to come all the way to Canada.

[Peter Hill, Director General, Post-Border Programs, Canada Border Services Agency]

Thank you, Mr. Chair.

And thank you to the committee for the opportunity to be here today. When I last appeared at this committee, the CBSA's mandate as a border enforcement agency was outlined in addition to its role in administering Canada's immigration laws. Building from that appearance, I would like to focus my remarks today on how Bill C-31 would impact the CBSA, should Parliament pass it into law.

First, I would like to speak to the impacts on refugee reform.

The implementation of Bill C-31 would not change the CBSA's operational responsibilities in processing refugee claims upon arrival at our ports of entry. What would change for the CBSA, however, is that the agency would be expected to remove individuals within one year, where possible, following the last negative decision on their claim for asylum in Canada.

To enable us to address potential increased removal demands, the CBSA has put in place a removals strategy that includes expanding the assisted voluntary returns and reintegration pilot program. This program encourages voluntary returns as a cost-effective and timely option that complements traditional enforced removals by providing increased counselling, education, and incentives to leave.

This program has proven to be successful in other countries. As better integration assistance is provided for participants, it ensures that they would be less likely to attempt to return to Canada.

I would now like to focus on the human smuggling component of this legislation.

When people arrive in Canada as part of a suspected human smuggling operation, it is the responsibility of the CBSA to determine whether or not these individuals are a threat to Canada. Under the current system, the existing detention review periods of within 48 hours, seven days, and 30 days are not designed to deal with cases involving large volumes and complex human smuggling operations.

The task of distinguishing genuine refugees from those who may pose a public safety threat are complex and time-consuming. By allowing Canadian authorities the additional time necessary to investigate, individuals can be assessed more effectively and their cases dealt with more efficiently.

As such, the mandatory detention provisions are necessary in order for Canadian authorities to investigate persons whose identities have not been determined or who may be inadmissible for reasons of criminality or security. After one year, those found not to be refugees would have the grounds for their detention reviewed by the Immigration Refugee Board after a period of 12 months has passed since their initial detention, and then again at the end of six months. In addition, individuals could be released on application to the Minister of Public Safety if, in the minister's option, exceptional circumstances warrant an early release.

Specifically regarding the detention of minors, I would like to add that in all cases this is considered a measure of last resort. The CBSA's position has been and will continue to be, under Bill C-31, to always consider the best interests of the child.

Mr. Chair, I'd like to thank the committee for the opportunity to speak to you today. The CBSA is committed to ensuring Canada's immigration laws are respected, and we will continue to take appropriate enforcement action to ensure the safety and security of the Canadian public.

Thank you.

[Les Linklater, Assistant Deputy Minister, Strategic and Program Policy, Department of Citizenship and Immigration]

Good morning, Mr. Chair, and members of the committee.

Thank you for the invitation to appear before you today. We are pleased to be here today to discuss the Protecting Canada's Immigration System Act—legislation that would strengthen and improve this country's immigration system.

In particular, I've been invited to address the asylum system reforms and the human smuggling measures in Bill C-31. I and my other colleagues in the next panel will be happy to address any questions you may have with respect to the biometrics measures in Bill C-31.

To begin, Mr. Chair, allow me to note that Bill C-31 further builds 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. The proposed new measures would further accelerate the processing of refugee claims for nationals from designated countries that generally don't produce refugees. They would also reduce the options available to failed claimants to delay their removal from Canada.

It may surprise some committee members to know 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 made in Canada were made by European Union nationals.

I think we could all agree, Mr. Chair, that EU countries have strong human rights and democratic systems similar to our own, yet they produced almost 25% of all refugee claims to this country in 2011. That's up from 14% the previous year.

In recent years, virtually all EU claims were withdrawn, abandoned, or rejected. The refugee reform measures in Bill C-31 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.

Cracking down on human smugglers is an important element of protecting the integrity of our immigration system, Mr. Chair. That's why Bill C-31 would also help the government take action on the dangerous yet lucrative business of human smuggling.

Bill C-31 would establish mandatory detention for up to a year for individuals who come to Canada as part of an irregular arrival, in order to determine their identity and admissibility, including whether they have been involved in any illegal activity.

Mandatory detention would exclude those designated foreign nationals who are under the age of 16. Also, once an individual's refugee claim has been approved, that individual would be released from detention.

Bill C-31 would reduce the attraction of coming to Canada by way of illegal human smuggling by limiting the ability of those who do so to take advantage of our generous immigration system and social services.

In closing, Mr. Chair, let me say that the proposed measures in Bill C-31 strike the right balance between ensuring the safety and security of Canada and Canadians, and making sure that those who are in need of Canada's protection continue to have access to it.

Thank you, Mr. Chair.

I'll now turn to Peter Hill, my colleague who is director general at the agency.

[The Chair, Conservative, David Tilson]

Good morning. This is the Standing Committee on Citizenship and Immigration, meeting 32, on Monday, April 30, 2012.

The orders of the day—this meeting is televised today—are pursuant to the order of reference of Monday, April 23, 2012, 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.

I have to figure out a way of shortening that down. It's too long to read.

First of all, did you all miss me last week?

[Sadia Groguhé, NDP, Saint-Lambert, QC]

Thank you, Madam Chair.

I would still like to clarify something about refugees. I just wanted to mention that not all refugees have scars and that, in some designated countries, people have made different choices in terms of gender or sexual orientation.

How will Bill C-31 cater to those refugees?

[The Vice-Chair (Ms. Jinny Jogindera Sims), NDP, Jinny Sims]

I will move on to deal with the bill right now anyway, just as soon as I can get to the right page again.

Minister, Bill C-31 also allows you to designate a group of refugees, the ones who arrive in groupings as you said, as irregular arrivals. If their refugee claims are accepted, they'll be designated foreign nationals and will have to wait five years before they can apply for permanent residency—and we know that the waiting lists after that could be another five. So isn't that a very long time for bona fide refugees to be separated from their children and families? It could be a husband, a wife, or little children, but children definitely could be involved.

[Roxanne James, Conservative, Scarborough Centre, ON]

I would just like to remind everyone that we're here for Bill C-31, and I think this may be a point of order because you're talking about something completely out of the context of this bill and the purposes of this committee meeting.

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

Have you consulted the provincial authorities in question? Have you told them that they might be called upon at some point as a result of Bill C-31?

[Costas Menegakis, Conservative, Richmond Hill, ON]

So what will be the change under Bill C-31? What do we project that to be?

[Costas Menegakis, Conservative, Richmond Hill, ON]

Thank you, Madam Chair.

Minister, you've clearly identified some of the gaps that were found, which led to the conclusion that further reforms were needed. I have a series of questions here I'd like to ask, but just to begin, can you tell us what the projected savings are under Bill C-31?

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

All right, thank you very much.

Subclause 81(1) of Bill C-31 allows you, Mr. Minister, to designate groups as “irregular arrivals” retroactively for anyone who has arrived since March 31, 2009. This would include claimants who arrived on the migrant vessels Ocean Lady and Sun Sea. Retroactive punishment is actually prohibited in our charter with respect to the Criminal Code. Why do you think it is appropriate here? Do you think that this will actually invite court challenges that will tie up the legislation for years to come?