Protecting Canada's Immigration System Act

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

This bill is from the 41st Parliament, 1st session, which ended in September 2013.

Sponsor

Jason Kenney  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

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.

Similar bills

C-4 (41st Parliament, 1st session) Preventing Human Smugglers from Abusing Canada's Immigration System Act

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-31s:

C-31 (2022) Law Cost of Living Relief Act, No. 2 (Targeted Support for Households)
C-31 (2021) Reducing Barriers to Reintegration Act
C-31 (2016) Law Canada-Ukraine Free Trade Agreement Implementation Act
C-31 (2014) Law Economic Action Plan 2014 Act, No. 1

Votes

June 11, 2012 Passed That the Bill be now read a third time and do pass.
June 11, 2012 Failed That the motion be amended by deleting all of the words after the word “That” and substituting the following: “this House decline to give third reading to Bill C-31, An Act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act, the Marine Transportation Security Act and the Department of Citizenship and Immigration Act, because it: ( a) gives significant powers to the Minister that could be exercised in an arbitrary manner, including the power to designate so-called “safe” countries without independent advice; (b) violates international conventions to which Canada is signatory by providing mechanisms for the government to indiscriminately designate and subsequently imprison bona fide refugees – including children – for up to one year; (c) undermines best practices in refugee settlement by imposing, on some refugees, five years of forced separation from families; (d) adopts a biometrics programme for temporary resident visas without adequate parliamentary scrutiny of the privacy risks; and (e) is not clearly consistent with the Canadian Charter of Rights and Freedoms.”.
June 4, 2012 Passed That Bill C-31, An Act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act, the Marine Transportation Security Act and the Department of Citizenship and Immigration Act, as amended, be concurred in at report stage with further amendments.
June 4, 2012 Failed That Bill C-31, in Clause 27, be amended by replacing line 10 on page 15 with the following: “foreign national who was 18 years of age or”
June 4, 2012 Failed That Bill C-31, in Clause 27, be amended by replacing lines 1 to 6 on page 15 with the following: “58.1(1) The Immigration Division may, on request of a designated foreign national who was 18 years of age or older on the day of the arrival that is the subject of the designation in question, order their release from detention if it determines that exceptional circumstances exist that”
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 27.
June 4, 2012 Passed That Bill C-31, in Clause 26, be amended by replacing, in the French version, line 33 on page 14 with the following: “critère”
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 26.
June 4, 2012 Failed That Bill C-31, in Clause 23, be amended by adding after line 5 on page 13 the following: “(3.2) A permanent resident or foreign national who is taken into detention and who is the parent of a child who is in Canada but not in detention shall be released, subject to the supervision of the Immigration Division, if the child’s other parent is in detention or otherwise not able to provide care for the child in Canada.”
June 4, 2012 Failed That Bill C-31, in Clause 23, be amended by replacing line 28 on page 12 with the following: “foreign national is”
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 23.
June 4, 2012 Passed That Bill C-31, in Clause 79, be amended by replacing line 22 on page 37 with the following: “79. In sections 80 to 83.1, “the Act” means”
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 79.
June 4, 2012 Failed That Bill C-31, in Clause 78, be amended by adding after line 19 on page 37 the following: “(4) An agreement or arrangement entered into with a foreign government for the provision of services in relation to the collection, use and disclosure of biometric information under subsection (1) or (2) shall require that the collection, use and disclosure of the information comply with the requirements of the Privacy Act.”
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 78.
June 4, 2012 Failed That Bill C-31, in Clause 59, be amended by adding after line 15 on page 29 the following: “(3) The regulations referred to in subsection (1) must provide, in respect of all claims for refugee protection, that the documents and information respecting the basis of the claim do not have to be submitted by the claimant to the Refugee Protection Division earlier than 30 days after the day on which the claim was submitted. (4) The regulations referred to in subsection (1) must provide ( a) in respect of claims made by a national from a designated country of origin, that a hearing to determine the claim is not to take place until at least 60 days after the day on which the claim was submitted; and ( b) in respect of all other claims, that a hearing to determine the claim is not to take place until at least 90 days after the day on which the claim was submitted. (5) The regulations referred to in subsection (1) must provide, in respect of all claims for refugee protection, that an appeal from a decision of the Refugee Protection Division ( a) does not have to be filed with the Refugee Appeal Division earlier than 15 days after the date of the decision; and ( b) shall be perfected within 30 days after filing.”
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 59.
June 4, 2012 Failed That Bill C-31, in Clause 51, be amended by replacing lines 36 to 39 on page 25 with the following: “170.2 Except where there has been a breach of natural justice, the Refugee Protection Division does not have jurisdiction to reopen, on any ground, a claim for refugee protection,”
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 51.
June 4, 2012 Failed That Bill C-31, in Clause 36, be amended by replacing line 32 on page 17 to line 35 on page 18 with the following: “110. A person or the Minister may appeal, in accordance with the rules of the Board, on a question of law, of fact or of mixed law and fact, to the Refugee Appeal Division against ( a) a decision of the Refugee Protection Division allowing or rejecting the person’s claim for refugee protection; ( b) a decision of the Refugee Protection Division allowing or rejecting an application by the Minister for a determination that refugee protection has ceased; or ( c) a decision of the Refugee Protection Division allowing or rejecting an application by the Minister to vacate a decision to allow a claim for refugee protection.”
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 36.
June 4, 2012 Failed That Bill C-31, in Clause 6, be amended by replacing line 16 on page 3 with the following: “prescribed biometric information, which must be done in accordance with the Privacy Act.”
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 6.
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 1.
May 29, 2012 Passed That, in relation to Bill C-31, An Act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act, the Marine Transportation Security Act and the Department of Citizenship and Immigration Act, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
April 23, 2012 Passed That the Bill be now read a second time and referred to the Standing Committee on Citizenship and Immigration.
April 23, 2012 Failed That the motion be amended by deleting all of the words after the word “That” and substituting the following: “this House decline to give second reading to Bill C-31, An Act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act, the Marine Transportation Security Act and the Department of Citizenship and Immigration Act, because it: ( a) places an unacceptable level of arbitrary power in the hands of the Minister; (b) allows for the indiscriminate designation and subsequent imprisonment of bone fide refugees for up to one year without review; (c) places the status of thousands of refugees and permanent residents in jeopardy; (d) punishes bone fide refugees, including children, by imposing penalties based on mode of entry to Canada; (e) creates a two-tiered refugee system that denies many applicants access to an appeals mechanism; and (f) violates the Canadian Charter of Rights and Freedoms and two international conventions to which Canada is signatory.”.
March 12, 2012 Passed That, in relation to Bill C-31, An Act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act, the Marine Transportation Security Act and the Department of Citizenship and Immigration Act, not more than four further sitting days after the day on which this Order is adopted shall be allotted to the consideration at second reading stage of the Bill; and that, 15 minutes before the expiry of the time provided for Government Orders on the fourth day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Protecting Canada's Immigration System ActGovernment Orders

March 26th, 2012 / 5:15 p.m.

Bloc

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

Mr. Speaker, I want to thank the hon. member for Chicoutimi—Le Fjord for his question.

Indeed, gay, lesbian and transgendered refugees have good reason to be concerned given the fact that this bill is a form of profiling.

The Conservatives' profiling could end up making one category of refugees eligible and sidelining another that might not correspond to Conservative values. There is good reason to believe that people will be treated differently depending on where they come from, but also depending on their sexual orientation and positions they may have held in the past.

Protecting Canada's Immigration System ActGovernment Orders

March 26th, 2012 / 5:15 p.m.

Conservative

Wladyslaw Lizon Conservative Mississauga East—Cooksville, ON

Mr. Speaker, after listening to the speeches from the other side, I truly believe there is a great misunderstanding of what a refugee is and how a refugee should be treated. I would stress the fact that Canada does more than its share in the international community to help those who need help.

We are talking about people here who arrive in this country, make false claims, clog up the system and delay the claims of those who need our help.

Why would the member opposite not support a bill that would benefit those refugees who are stranded in refugee camps around the world and who are under the protection of the United Nations High Commissioner?

Protecting Canada's Immigration System ActGovernment Orders

March 26th, 2012 / 5:15 p.m.

Bloc

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

Mr. Speaker, I want to thank the member opposite for his question.

It is simple: the Conservatives have their own definition of what makes a good refugee. They add a criterion.

There is no such thing as a good refugee or a bad refugee. There are refugees. Refugee status was clearly defined by the UN in 1951.

I think that the Conservatives have a way of coming up with what is good and what is not. The purpose of their bill is not to help refugees, but to define what they think makes a good refugee or a bad refugee.

Protecting Canada's Immigration System ActGovernment Orders

March 26th, 2012 / 5:15 p.m.

Cypress Hills—Grasslands Saskatchewan

Conservative

David Anderson ConservativeParliamentary 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.

Protecting Canada's Immigration System ActGovernment Orders

March 26th, 2012 / 5:25 p.m.

NDP

Don Davies NDP Vancouver Kingsway, BC

Mr. Speaker, of course the UN convention on refugees, which Canada is signatory to, does require every signatory to provide an initial assessment of every refugee claim. Therefore, Canada, in doing that, is doing nothing more than meeting its international obligations.

One of the major criticisms by many of this bill is that those who come from designated safe countries would not have access to an appeal to the refugee appeal division, whereas people who come from countries that are not so designated would. This would create a two tiered appeals system.

In the previous Parliament, all parties in this House, including the government side, the Conservatives, agreed that that was not fair. In the previous incarnation of this bill, the government agreed that all claimants should have access to the refugee appeal division because there could be mistakes made at first instance.

We all agree that we need a quick and efficient system but the New Democrats say that we could have an efficient system that is also fair.

Why would the member and his government put forward a bill that has a two tiered appeals system? Canadians would never accept that their neighbour can appeal to the court of appeal but they cannot depending on where they come from.

Protecting Canada's Immigration System ActGovernment Orders

March 26th, 2012 / 5:25 p.m.

Conservative

David Anderson Conservative Cypress Hills—Grasslands, SK

Mr. Speaker, it is pretty clear that this bill achieves the balance Canadians would like to see. It has a number of factors in it and the issue the member opposite is speaking about is part of that. It talks about the importance of dealing with human smuggling and the importance of reforms to our asylum system. The NDP would have to admit there are people who file bogus refugee claims to try to get into our country and to access the generous benefits that we have in this country. I find it interesting that the member opposite is standing, but earlier today we were talking about his participation in rallies with organizations that do not recognize there are any bogus refugee claimants in this country. We all know that there are. We are trying to deal with that. We are trying to make it fair for honest refugees and for Canadians as well.

Protecting Canada's Immigration System ActGovernment Orders

March 26th, 2012 / 5:30 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I would like the member to be aware of the fact that from what I understand, all political parties inside the chamber support the idea of having a designated safe countries list. The difference is that the Conservatives have done a double flip-flop on it. Originally, they did not want the minister to establish an advisory group so they made their first flip. They said it made sense, that there would be an advisory committee that would recommend to the minister which countries should be on the safe country list. Now the Conservatives have done another flip-flop saying they have changed their minds on this legislation and now they are going back to that it should be the minister who decides. Whether it was Michael Ignatieff or other Liberals, NDP, Conservatives at one time, they supported the other way.

Will the minister acknowledge the need to do yet another flip-flop and agree to an amendment that would reinstate the advisory committee?

Protecting Canada's Immigration System ActGovernment Orders

March 26th, 2012 / 5:30 p.m.

Conservative

David Anderson Conservative Cypress Hills—Grasslands, SK

Mr. Speaker, one of the problems with the Liberals is often when they are offered something from us and we have said let us work together, they say that they do not want to do that, that they are not going to co-operate with us. Then they come back later and say they wanted the deal even though they did not want to support it. We have seen that with legislation. Often they will come back and criticize legislation that they oppose and criticize positions that we have taken.

Just before the March break, there was another example of that with the eco-energy bill, a bill which both the Liberals and the NDP have opposed strenuously. At every point they have voted against it. Then they asked us to put it back in. This is one more example of that. Lots of people have said that this legislation is necessary. I could read some of those comments. The Globe and Mail said that 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”.

There are pages of comments from people who have come forward and said this is important legislation and that we need to pass it.

Protecting Canada's Immigration System ActGovernment Orders

March 26th, 2012 / 5:30 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I want to confirm what the member for Winnipeg North said. All of us in this House want to provide improved safety and treatment of refugees as they come to Canada.

Has the government provided any costing for the detention of refugees who are deemed irregular entry? Do we know what this bill will cost?

Protecting Canada's Immigration System ActGovernment Orders

March 26th, 2012 / 5:30 p.m.

Conservative

David Anderson Conservative Cypress Hills—Grasslands, SK

Mr. Speaker, we clearly know what it costs now. If the member was listening to my speech, she would have those numbers because it costs hundreds of millions of dollars each year for us not to deal with bogus refugees.

I want to talk about the fact that immigration has changed my own riding. It is a rural riding in southwestern Saskatchewan. People would think perhaps that we have not had a lot of immigration, as we did 100 years ago when the land was settled by people who came from around the world. However, over the last few years Saskatchewan has had a tremendous influx of immigrants. They have changed our communities in very special and good ways.

We want to see claimants who have immigrated honestly from other countries. We do not want to see people jumping the queue and taking their place. We welcome folks from around the world.

Protecting Canada's Immigration System ActGovernment Orders

March 26th, 2012 / 5:30 p.m.

NDP

Olivia Chow NDP Trinity—Spadina, ON

Mr. Speaker, I rise to speak to this punish refugees and give a break to smugglers bill. Why do I say that? Even though this bill is supposed to go after smugglers, the people who would be hurt are the genuine refugees.

Two weekends ago we celebrated St. Patrick's Day. I was thinking about the Irish refugees who came to the shores of Toronto. At the turn of the century, over 50,000 Irish refugees arrived on the shores of what was the city of York, before it was called Toronto. At that time, the city of York had only 30,000 residents.

How did the Irish refugees arrive? By irregular means, by boats. Did they have any identification with them? Most likely not. Should they have been locked up? Under this law, if passed, I suppose they would have been locked up for at least a year.

Members can imagine refugees coming to the shores of a big country, to a city that does not have a lot of people, and being locked up for a year. A lot of them were sick. Who would have been able to help them? At the time, the medical officer of health risked his life to serve the Irish immigrants. In fact, a doctor lost his life due to a fever. What was shown to the Irish refugees was compassion and support. As a result, they built Toronto. They helped build Canada. Some of their descendants might even be in the House of Commons.

Had they been locked up, they would not have been able to work or support their families. Under the law that is in front of us, they would not have been able to sponsor their family members to bring them here. They would have been separated from their families for at least 10 years. Because they would have been locked up, they would not have been able to work. After they were released, assuming they were genuine refugees, they still would not have been able to become permanent residents for a long period of time. They would have been prevented from sponsoring their family members. Even after they had become permanent residents, their status could still have been revoked. What kind of stability would their lives have had? None whatsoever.

At the time, if Ireland had been seen as a safe country, many of those refugees would have been sent home.

The United Nations High Commissioner for Refugees' recommendation indicates that some countries are safer than others, but we have to determine each refugee's claim based on the person's circumstances. Some countries are considered safe countries, so to speak, but not for gay, lesbian and bisexual people. They could be gay bashed or killed.

How does one declare a country as safe? The previous law said that there would be an advisory committee made up of a team of experts who would advise the minister. This bill just got rid of that. The minister does not need any expert advice. He can just declare a country as safe and the people from that country would be fast-tracked for deportation in no time, without right of appeal to the Federal Court, and no humanitarian or compassionate consideration. They could attempt an appeal, but it would not stop them from being deported. That means individual refugees would not be treated equally under the law.

In Canada we have a fundamental belief that each case must be considered equally under the law. The bill would completely change that. It would treat refugee A completely differently from refugee B depending upon the person's country of origin. However, let us assume it is a gay man from a country such as Ghana or Jamaica. One could say that Jamaica is a safe country, yet people can be killed because of their sexual orientation.

The bill has a lot of flaws. I do not understand why the bill is necessary. Less than a year ago, all parties in the House of Commons worked with the Minister of Citizenship and Immigration and came up with a package called the balanced refugee reform act. At that time, the Minister of Citizenship and Immigration said that he was very proud of the bill because it had all-party support, was balanced and fair.

What has changed in the last eight or nine months? Nothing. Why is a bill that was balanced and fair all of a sudden no longer balanced and fair? Nothing has changed.

In fact, with regard to that bill, Bill C-11, the balanced refugee reform act, the immigration minister came to the committee and said, “This is such a fine bill. It will take us at a least a year to implement the bill. Give us one year and we will make the system perfect.” That is what was promised last June. It is not June 2012 yet. A year has not passed and the bill has not been implemented. The minister obviously has not had the time to implement the bill, and yet this so-called fast, balanced and fair bill all of a sudden became a big problem, and here we are debating another bill.

Think of the amount of money and time that has been wasted. A huge number of witnesses came to committee. There were forums in cities across the country. The immigration committee listened to all types of expert advice. All of that is gone. It is completely changed. The bill in front of us looks completely different. It is quite astounding. I cannot see what has changed in one year. The previous bill has not even been implemented and yet we are here wasting time and money debating a new bill.

What is the root problem? Why do we have such a backlog? Why does it take so long to determine a refugee claim?

Prior to 2006, the wait was one or two years. Things were going along and there were no huge problems. When the Conservatives came into power, they did not appoint any Immigration and Refugee Board members. As a result, for two or three years hardly any cases were being determined. A huge backlog was created because the Conservative minister did not appoint any IRB members.

It is the implementation of the law that is the problem. The law is not the problem.

On top of that, the CBSA said that it had difficulty deporting people because it does not have the right computer system. This is according to the Auditor General and admitted by the CBSA.

The real problem is the implementation of the law. There is no need to change the law. That is why members should not support this bill.

It is a very complex bill. I wish I had more time to address every element of it.

Protecting Canada's Immigration System ActGovernment Orders

March 26th, 2012 / 5:40 p.m.

NDP

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

Mr. Speaker, I thank the hon. member.

The member who spoke before her talked of bogus refugees. I find that shameful. A refugee is first of all a person. They are a refugee no matter what their reason for leaving their country, perhaps on ethnic or religious grounds, or to obtain protection because they are lesbian, gay, transgendered or transsexual. A refugee is a refugee. Refuges arrive in Canada without passports, with the clothing on their backs, without food and possibly even without money. They are refugees and they need humanitarian aid.

A refugee will be integrated into Canadian society and become a worker. We need workers, we need these people. As for the false paranoia that terrorists and the like masquerade as refugees, they do not have to hide among the refugees because they can hide anywhere.

Canada must continue to welcome refugees. What does the member think of that?

Protecting Canada's Immigration System ActGovernment Orders

March 26th, 2012 / 5:45 p.m.

NDP

Olivia Chow NDP Trinity—Spadina, ON

Mr. Speaker, if there are bogus refugees, by all means deport them, but what we should not do is draft a law based purely on fear. That is what this is. This fear is going to drive us to build more detention centres so we can detain these refugee claimants, rather than allowing them to work, to make a living so that they can start paying taxes, because some of them are genuine refugees. By all means, if they are bogus, we should send them back. When we set a law, we should not be driven by paranoia and fear.

The other thing is that in the bill, because it prevents family reunification, it is denying genuine refugees the power to bring their families together, and that is cruel.

Protecting Canada's Immigration System ActGovernment Orders

March 26th, 2012 / 5:45 p.m.

Calgary Southeast Alberta

Conservative

Jason Kenney ConservativeMinister of Citizenship

Mr. Speaker, I thank the member for Trinity--Spadina for sincere concern for refugees. In the context of the NDP, she understands, unlike some of her colleagues, that there are fake claimants who do abuse our generosity, just as there are many legitimate claimants who need our protection. It is the need to recognize both sides of the ledger.

I appreciated her constructive work at committee in the last Parliament in the passage of Bill C-11. Will she not recognize that since that time, we have seen the explosive growth of unfounded claims coming from the European Union and virtually none of those claimants show up at their hearings?

Virtually all of those European claimants admit by themselves, of their own volition, that they do not need Canada's protection because they withdraw or abandon their own claims. Does she not think that we need flexible and fast tools to address large waves of unfounded claims such as those coming from the European Union?

Protecting Canada's Immigration System ActGovernment Orders

March 26th, 2012 / 5:45 p.m.

NDP

Olivia Chow NDP Trinity—Spadina, ON

Mr. Speaker, that is a very good question. Within the law now, there are already means to fast track them. The key thing is to catch the smugglers, punish them, fine them, throw them in jail. The problem is with deporting the victims, because some of these people are victimized by their smugglers. They are told a pack of lies. They are told to come to Canada and get whatever they want. They pay a lot of money, their life savings, to the smugglers and the smugglers send them here.

Some of them are not refugees, we know that. However, the key thing is to go after the smugglers. The problem is, with deporting these people so quickly, we are not giving them the time to go to court to use them as witnesses to go after the smugglers and we can never catch the smugglers and try them.

What happens right now is in the last 10 years hardly any smugglers have been punished severely. It is very difficult to find them, catch them and convict them because their victims get deported before the court has a chance to go after them. That is why we need to go after the smugglers and not punish the refugees.