Protecting Canada's Immigration System Act

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

This bill was last introduced in the 41st Parliament, 1st Session, which ended in September 2013.

Sponsor

Jason Kenney  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

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

Elsewhere

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

Votes

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

Protecting Canada's Immigration System ActGovernment Orders

April 23rd, 2012 / 4:25 p.m.
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NDP

Andrew Cash NDP Davenport, ON

Mr. Speaker, the hon. member across the way likes to talk about international situations and how we are following the good lead of other countries, but he must know that on the issue of smuggling, Australia put temporary protection visas on their books for many years and it did not stop anyone. In fact, we know that mandatory minimums do not actually form a deterrence. There is already a maximum life sentence for smuggling. There is no convention for smugglers.

I want to know from the member opposite if he really believes that smugglers are suddenly going to listen to the Conservatives' new rules and stop their egregious behaviour.

Protecting Canada's Immigration System ActGovernment Orders

April 23rd, 2012 / 4:25 p.m.
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Conservative

Patrick Brown Conservative Barrie, ON

Mr. Speaker, of course they will, because the profitability will be taken out of the system. I was with the Prime Minister in Thailand last month, where we had a one-day session on human smuggling. This is a real issue around the world, and we need to do everything possible to make sure those who profit from human smuggling do not have an avenue to do it in Canada. It takes advantage of the most vulnerable.

Protecting Canada's Immigration System ActGovernment Orders

April 23rd, 2012 / 4:25 p.m.
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Conservative

The Acting Speaker Conservative Barry Devolin

It is my duty, pursuant to Standing Order 38, to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Rimouski-Neigette—Témiscouata—Les Basques, Research and Development; the hon. member for St. John's East, Justice; the hon. member for Beauharnois—Salaberry, Health.

Protecting Canada's Immigration System ActGovernment Orders

April 23rd, 2012 / 4:25 p.m.
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NDP

Andrew Cash NDP Davenport, ON

Mr. Speaker, human smugglers are not profiting from human smuggling here in Canada. They are profiting from it in the countries in which they ply their trade. We need to be clear on that, and I do not think the government is.

However, I am honoured to be here in this place today, as I am every day that I am here, to represent the people of my riding of Davenport, in which we have a very diverse community. More than 50% of the people in my riding were not born in Canada, and in fact we have refugees living in our riding.

I want to tell the House a little story about some of the people in my riding. There is one gentleman, and I cannot name him, but he came into my office. He runs and owns a bakery; in fact he owns two. He owns a house, his kids go to the local school, he is involved in volunteer activity and he is involved at his local church. He came to my office because he is living in fear. He applied for refugee status, his claim was denied and he is awaiting a decision under humanitarian and compassionate grounds. However, under this bill he has lost all his protection. He is very worried that he is going to go back to the country of his birth and face the situation for which he left in the first place.

The government likes to talk about scammers of the system. We need to realize that people who essentially take their lives into their own hands and flee their home countries are doing it because they absolutely have to. This member of my community is a strong part of the fabric not only of the riding of Davenport, but this is an example we could talk about right across the country. This is one reason and this is an example, a human story.

I would challenge any members across the way, if that were one of their constituents, that they would not be going to bat for that constituent. In fact, if the members across the way had those stories coming into their office, how could they not respond? As we have heard from the government many times today, it has a proud tradition, an internationally lauded position on human rights and immigration. However, the government does not seem to like to remind Canadians that it is all in the past. Today it is a very different reality.

I know the government does not like to listen to experts. We know that, but I get this time and I am going to talk about expert opinion, and one of the beauties of this place is that government members cannot stop me.

The Justice for Refugees and Immigrants Coalition consists of Amnesty International Canada, the Canadian Association of Refugee Lawyers, the Canadian Civil Liberties Association and the Canadian Council for Refugees. It supports an immigration system that is fair, independent of political considerations and affordable. In its view, Bill C-31 is unconstitutional, undermines our humanitarian traditions and violates our international obligations and it should therefore be withdrawn.

One has to wonder if the government ever chose to consult expert opinion. I know that it gets out the white pages, phones some lawyers and gets some juicy quotes, but does it really speak to the organizations that have dedicated their lives? I have met many people who work in these organizations. They could be pulling in six figures on Bay Street, but they are there in the trenches working with refugees.

Refugees today are Canadian citizens of tomorrow. I started my speech off with the example of the constituent in my riding who has a business, has a family and has bought a house. His family in his home country is constantly under threat of violence and he is worried sick that he is actually going to have to pull up roots and go back.

It is one of the enduring ironies of the government. It loves to go on and on about the whole idea of family values, and yet it has crafted legislation here that is going to pull families apart. A family is a family is a family. It does not matter where it comes from or how it got here. It is incumbent upon us, here in this place, if we want to talk about family values, to try to keep kids with their parents, notwithstanding all the other issues that the government and others bring up around immigration.

I also want to remind the members opposite of something, because I think some of them occasionally forget this. I remember a minister of education in the government of Ontario years ago, and I am sure he is a good friend of many members across the way. In fact, he served closely with many of them in the cabinet of the government of Mike Harris. The education minister said we have to create a crisis and then we can blow the thing up. He did not quite say it like that. I am paraphrasing. It was a long time ago.

However, essentially, the government talks about the wait time. Many members, certainly on our side, who do the tough work in their constituencies know that we get many constituents coming in with issues around immigration and refugee hearings. However, the government seems to think, therefore, let us starve the system of resources and then completely change it, all in the name of something it calls efficiencies. We all know that is a code word for privatization and for staff reductions.

I also want to bring up the issue of designated countries. In my riding and in the downtown core of Toronto, we have many Roma who came to Canada as refugees, many in 2008. The situation for Roma in Europe has not got any better. We know we have tight relations with the European Union and we are currently negotiating a free trade agreement behind close doors with the European Union; but if we look at the first round of elections in France yesterday, we can note a distinctly hard right anti-immigration thread going through the politics of Europe. That has filtered down to the most vulnerable and historically vulnerable communities of Europe, one being the Roma. We have a large community of Roma and they are hard-working, peace-loving human beings who we have embraced. Are we just going to tell them the deal is up and we are going to send them home?

There are so many issues that the bill does not address. We have a lot of work to do on this. I urge the government to consider some expert opinion and to work with us on this side to create a humanitarian, fair, cost-effective system.

Protecting Canada's Immigration System ActGovernment Orders

April 23rd, 2012 / 4:35 p.m.
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Calgary Southeast Alberta

Conservative

Jason Kenney ConservativeMinister of Citizenship

Mr. Speaker, I thank the member for his remarks and evident concern for the plight of refugees. However, I am concerned with what I regard as a clear lack of balance in the way the member and his colleagues in the NDP approach this issue. They speak about asylum claimants as though they are all refugees, when in point of fact some two-thirds of the asylum claimants in Canada turn out not to be in need of our protection. According to our very fair and generous legal system, they do not have a well-founded fear of persecution. Does he not acknowledge that it represents a problem?

He just spoke about European asylum claimants. Will he not acknowledge that nearly 100% of the European asylum claimants abandon or withdraw their claims of their own volition? Since we gave visa exemptions to central European countries, 95% of those claimants have not shown up at their hearings. It is telling us through their volition that they do not need our protection.

Does he not think we need a more efficient system that is able to address large waves of unfounded claims, claims that are not necessarily being rejected by our fair legal system, but are being withdrawn by the claimants themselves? Is he not the least bit concerned about this apparent abuse of our system and its generosity?

Protecting Canada's Immigration System ActGovernment Orders

April 23rd, 2012 / 4:35 p.m.
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NDP

Andrew Cash NDP Davenport, ON

Mr. Speaker, the government loves to pull the most egregious examples and then craft legislation around those examples, but that is not the way to do it. That is what we are trying to say on this side.

Many Canadians, many experts, have a lot of concern about the very fact that the minister of the day would have essentially carte blanche on some of these decisions. There is a real concern around the way these decisions would be made. It is fair and reasonable for Canadians to be concerned about the process and the lack of transparency and accountability on the part of the government through this proposed legislation.

Protecting Canada's Immigration System ActGovernment Orders

April 23rd, 2012 / 4:40 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, in Bill C-31 there are three areas we need to explore and discuss and I look forward to doing that in committee.

The old bill, Bill C-4 will die because Bill C-31 replaces it. There were significant challenges brought forward by lawyers across Canada who said that Bill C-4 had some serious legal aspects. They challenged its worthiness to even pass in a court of law in Canada and said that it was unfair to refugees. That is one component of the bill.

A second component of the bill deals with legislation which this House passed but the government is trying to amend so as to no longer have an advisory committee. The minister wants to have the power to designate countries as safe countries. Rather than having an advisory board, the minister wants that power.

I would like the member to comment on the third component, which deals with biometrics. Does the NDP have a position on the use of biometrics in regard to visas?

Protecting Canada's Immigration System ActGovernment Orders

April 23rd, 2012 / 4:40 p.m.
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NDP

Andrew Cash NDP Davenport, ON

Mr. Speaker, the hon. member for Winnipeg North likes to keep us waiting for the question.

On issues such as biometrics and other matters where the government talks about cost savings, there are provisions in Bill C-31 that are very costly. For example, mandatory detention of irregular arrivals for a minimum of one year could cost up to $70,000 per claimant. Refugee claimants from designated countries would not be able to apply for work permits for at least six months and they would be forced on to social assistance. These are the parts of the bill where the economics absolutely do not make any sense.

Protecting Canada's Immigration System ActGovernment Orders

April 23rd, 2012 / 4:40 p.m.
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Conservative

Blaine Calkins Conservative Wetaskiwin, AB

Mr. Speaker, I am pleased to have an opportunity to speak to this legislation. It is something that my constituents ask me about on a regular basis. I have communicated with them several times on some of the great initiatives which the Minister of Citizenship and Immigration has put forward in the past. Those measures were always warmly received. Our minister is doing a great job. Not only is he a great minister, but he is a great representative of Calgary Southeast and our home province of Alberta.

Canadians are rightfully proud of Canada's long-standing humanitarian tradition and the fact that we are one of the top countries in the world to offer protection to those who sincerely and genuinely need asylum. At the same time, reasonable Canadians would not disagree that our refugee system is in some need of reform.

As we see time and time again, genuine refugee claimants wait far too long for a decision on their claim. That is because those who seek to use our asylum system as a back door to get into Canada do so at the expense of genuine refugees.

Illegitimate claimants clog our refugee system and create unnecessarily long wait times for those truly in need of Canada's protection. This leaves in limbo those who are genuinely in need. Long delays also encourage individuals who are not in need of our protection to use the refugee system as a way to remain in Canada. Essentially, delays allow those who do not really need our protection to abuse our system and our generosity.

Last year processing times for a decision on a claim before the independent Immigration and Refugee Board of Canada, affectionately known as the IRB, could take more than 20 months. Because of the resources available, it could take an average of four and one-half years from the time a claim is made until a failed refugee claimant has exhausted all legal avenues and is removed from Canada. This is completely unacceptable.

This makes Canada an attractive target for illegitimate claimants since they know that they can remain in Canada for several years while their claim is processed, during which time claimants can access our generous taxpayer-funded social benefits and perhaps obtain a work permit. In other words, these individuals basically establish themselves here in Canada without knowing if they are going to be approved as a refugee or not. Illegitimate claimants come here at a huge cost to Canadian taxpayers. The average unfounded claim costs about $55,000. Last year alone bogus refugee claimants cost Canadian taxpayers $170 million.

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.

The protecting Canada's immigration system act seeks to address these problems with our refugee system by providing faster protection to those in genuine need while quickly removing those who are not.

To help reduce the attraction of coming to Canada, these new measures would further accelerate 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 one would not normally expect a refugee to seek or claim asylum from.

This legislation would also reduce the options for resources available to failed claimants. Currently, these options permit failed claimants to further delay their removal from Canada. Even though many failed applicants know they will be unsuccessful, they also know these avenues of appeal will help them prolong their stay here where they can continue to have access to our generous system.

Let me be very clear about one thing. Under these new measures, all eligible refugee claimants would continue to be entitled to a fair hearing before an independent decision-maker. However, there would be no automatic stay of removal for claimants from designated countries of origin once a negative decision had been rendered by the IRB and the claimant had applied for judicial review to the Federal Court. This means that failed claimants could no longer use the Federal Court process to further delay their removal.

As I said, it currently takes an average of four and one-half years before a failed claimant has exhausted all avenues of appeal and is removed from Canada. In some instances it has taken over a decade. All the while, failed claimants have access to our generous tax-supported services such as health care and other social benefits.

Canadians work hard to support these services. They do not appreciate it when their hard-earned tax dollars go toward supporting foreign nationals who should not even be here in the first place, who come here under false pretenses knowing full well what they are doing.

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 queue-jump the regular immigration process. Also, if we can speed up the current processing times for refugee claims, genuine refugees would get our protection more quickly.

Hearings at the IRB for claimants from designated countries of origin would occur within 30 to 45 days. Claimants who are not from designated countries of origin would also have their hearing timelines accelerated. It is proposed that these hearings would be scheduled within 60 days of being referred to the IRB, compared to the current system which takes over 1,000 days. It is no wonder that Chris Selley from the National Post said that the immigration minister is:

--certainly showing more guts than we came to expect from his Liberal predecessors....

Blame whomever you want, these timelines are completely preposterous. And they are one of the two biggest reasons that so many asylum-seekers make for Canada....But if a refugee claim was processed in, say, two months, instead of a year or two or five, the incentive for people with weak claims to give it a whirl would be massively reduced, as would the overall burden on the system.

John Ibbitson from the Globe and Mail also spoke positively about the bill:

I think we need a system first of all that doesn’t cost too much. I mean 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.

Finally, John Ivison from 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 source 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.

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 the refugee claimants who really do need our protection would get it even faster.

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

In supporting this legislation, my hon. colleagues in the House can help to provide a quicker, more secure beginning for victims of violence and persecution around the world and help deter abuse of our refugee system. I urge all hon. members in the House to join me in supporting Bill C-31.

Protecting Canada's Immigration System ActGovernment Orders

April 23rd, 2012 / 4:50 p.m.
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NDP

Raymond Côté NDP Beauport—Limoilou, QC

Mr. Speaker, I listened very carefully to my colleague's speech. I wish to thank him for his speech. However, unfortunately, the hon. member seems to believe in magical thinking, as do most of his cabinet colleagues.

It is a very serious problem, because Bill C-31 repeats some aspects of Bill C-4, for example, concerning the 12-month mandatory detention of foreign nationals who are arbitrarily designated by the minister. In the end, we all agree that we are talking about a measure that could be a deterrent, as long as the people detained are informed of it and can weigh all of the consequences.

Elsewhere in the world, experience has shown that this does not work, but that is not the most serious aspect. The worst aspect is that, if this bill passes, it could be formally contested under section 9 of the Canadian Charter of Rights and Freedoms, which has to do with arbitrary detention. Thus, we will be back at square one.

Considering the cost of this kind of detention and the possibility that it will be abolished, how can my colleague justify this kind of spending and such a waste of time, not to mention the suffering of the people detained?

Protecting Canada's Immigration System ActGovernment Orders

April 23rd, 2012 / 4:50 p.m.
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Conservative

Blaine Calkins Conservative Wetaskiwin, AB

Mr. Speaker, I can say without any hesitation how my constituents feel about the current system. The current system completely fails them.

I do not know how many members of this House, I am assuming all members, get the same chain emails that I get, saying that pensioners would be better off if they left Canada and came back and applied as refugees. It does not matter if perhaps some of the information in the email is misinformed. It is the spirit in which it is sent. The spirit behind that is our system is currently too wide open to abuses.

We can sit here and discuss the merits and the technical merits of the bill. Detention is there. It is currently provided for if individuals are in need of detention when they come here as asylum seekers. With the legislation, they can be held in detention for a certain period of time. That would not change under the new legislation.

Protecting Canada's Immigration System ActGovernment Orders

April 23rd, 2012 / 4:50 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I would like to share something with the member. Maybe he has had the opportunity to read the press release that was issued by the Canadian Association of Refugee Lawyers in its response to Bill C-31.

In the second point, it states that “the draconian measures of C-4 are rolled into this new bill“, obviously referring to Bill C-31 and that “C-4's proposed mandatory, unreviewable, warrantless, year-long detention is patently unconstitutional. The Supreme Court of Canada decided this issue in the clearest of terms.”

The second point being, “family separation for at least 5, and up to 8 or more years, will have a disastrous consequence for refugees.”

This is in fact what Bill C-31 is proposing to do.

This is not the Liberal Party or the New Democratic Party saying this. These are individuals who have represented refugees for many years. This is a professional organization. Would the member comment on that statement by the Canadian Association of Refugee Lawyers?

Protecting Canada's Immigration System ActGovernment Orders

April 23rd, 2012 / 4:55 p.m.
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Conservative

Blaine Calkins Conservative Wetaskiwin, AB

Mr. Speaker, I appreciate my hon. colleague's question. It would be like asking the defence lawyer association of Canada about Criminal Code changes. However, the reality is some of that $170 million, I suppose, would be going to some of these lawyers in terms of fees and would be a burden to the taxpayers of Canada.

The reality of the system is if we want something sped up, the changes that the minister is proposing would take processes that take over 1,000 days now, years, and reduce them so that people who are genuine refugees would actually get the protection that they need.

I would think that anybody of moral virtue purporting to represent people who are genuine refugees would appreciate the legislation here. Somebody who would be losing the 1,000 days of endless appeals might not have that same view.

Protecting Canada's Immigration System ActGovernment Orders

April 23rd, 2012 / 4:55 p.m.
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NDP

Annick Papillon NDP Québec, QC

Mr. Speaker, I am very pleased to speak to Bill C-31 on immigration because much of my campaign last year focused on the idea of having an immigration system that is as transparent as the justice system. Unfortunately, Bill C-31 does not meet these expectations of offering something fairer—not at all.

I received a lot of feedback in Quebec City after Bill C-31 was introduced. Many community agencies, citizens' groups and voters have spoken to me about this issue. They think it is completely ridiculous. It goes too far. We cannot leave everything in the hands of the minister, as the bill intends.

For the Quebec City agencies that are crying for help when it comes to this bill, there is a clear lack of resources to help immigrants in distress. People get lost in red tape and are discouraged most of the time because they do not understand. They see visas getting rejected for strictly administrative reasons—bureaucracy. It is under this government no less.

At first glance, the changes in Bill C-31 seem only to make clarifications to the existing legislation. However, this bill makes draconian changes to situations that are already precarious.

The first thing that jumps out and that I must highlight is the arbitrary power that the minister has clearly given himself. With this discretionary power, he can overturn any decision that has already been made. It is obvious that this will not resolve the issue I am being asked about: why does it take three years for one immigrant to obtain citizenship, and ten years for another? There is a lack of transparency. It is not clear.

The change that scares future immigrants the most, and which we hear about regularly, is the rejection of applications and the pure and simple cancellation of most of the economic class applications. People have been waiting for 7, 8, 9 and even 10 years for positive news about their file, and their applications are going to be returned with a refund of the initial payment—a matter I will not get into at this time—because the minister wants to eliminate the backlog of applications filed since February 2008.

Rapid changes in the demand for labour in Canada would explain this situation. However, what about the people, the human element, the people who have held out hope all these years? The minister will say that they can resubmit their applications and that, if they meet the criteria, they will be chosen quickly. However, what is not being publicized is the fact that, since these people applied, the program has undergone some fine tuning and the law of natural selection now comes into play: the cost of applying has increased. There is no guarantee that the application will be accepted. Hopes are crushed.

Another change would see refugees sent back to their country of origin if the situation there improves. This is what organizations in my riding and people who call and email are telling me. People come here and adapt to life here. They start their lives over in Canada. They make friends and find work here. Their children are raised in Quebec or Canadian culture. Yet the government would send them back to a country they no longer know, a country they fled under difficult circumstances, in most cases. They left everything behind, hoping for a better life. And Canada, which invited them in to give them that opportunity for a better life, would deport them just like that because things have improved in their country? They can live peacefully here. They will want to adapt to our customs. They certainly have the right to that opportunity.

Bill C-31 has yet more shortcomings. For example, there is no mechanism to challenge blunt refusal with respect to family reunification. Families separated by time and borders that are frequently not their own are denied the opportunity to bring their spouse and children because they did not list them when registering. Registration happens in refugee camps where people live in terrible conditions. Once they arrive, they are given a vague one-year window to declare another individual on their application. That makes no sense. Bill C-31 does not address that, but it happens.

Immigration is much more than bringing people through the nation's door, welcoming them and then letting them go.

I recently met with a group of immigrants from my riding. I invited them to my office to discuss their concerns and the problems and issues they faced when they arrived in Quebec.

It is quite simple: they waited and they hoped. They lived the dream and were happy, but even after years, their diplomas are still not recognized and they are still having a hard time finding a good job. Reality bites. There is not enough support. When we really look at it, it seems as though the government believes that it has allowed them in and filled its quota, and now they have to get by on their own. Of course, this summary does not apply to refugees, but I heard this from the mouths of qualified workers who have come here to keep our economy moving and whom we are abandoning. We are not helping them fit in to our Canadian way of life.

Canada is a dream that is often inaccessible and sometimes incomprehensible. People fill out forms, answer questions, put up with delays, and still more delays, pay money and are eventually given the opportunity to fulfill their dreams, and this is all priceless. They are asked to leave everything behind—their house, their culture, their lives—to be submerged in a foreign culture, and they are asked to act like us, to be like us and to thank us. But what tools do we give them?

Just a few hours of French lessons and everything should be perfect? What about life in our society and what about our values? What about support, follow up and a real helping hand? Bill C-31 does not address any of that. Yet that is definitely a reality that many of my hon. colleagues must face in their constituency offices—they must see people going from tears of joy to tears of despair, and get all kinds of calls from people who want to know where to turn.

We see families separated, years of waiting just to be rejected, and hopes dashed. Fortunately, some situations end well. We help people achieve the dream of reunification and staying here. However, I always wonder. I hope everything will go well for them, but we never know. We are in the process of giving the minister more and more discretionary power and that makes no sense.

I also condemn this blatant lack of provincial-federal and interdepartmental dialogue. The government is certainly not known for listening to the provinces. There is no shortage of examples of problems that are only going to get worse under this Conservative government. People have simply lost everything. The federal government requires one thing, the provincial another. One accepts things when the other refuses or vice versa. Costs keep piling up. A federal-provincial dialogue would help people.

The same goes for a dialogue between the federal departments. Is it normal for a person to have his work permit rejected because there is a delay in processing claims at Human Resources and Skills Development Canada? No, that is not normal. The person is not responsible whatsoever for any such delay. The surprising thing is that he has to pay for these delays out of his own pocket every time and usually more than once. As far as I understand, the applicant is certainly not reimbursed.

This Bill C-31 does not reflect our values. This Bill C-31 does not help refugees. This bill is putting everything into the hands of the minister. That is not really a good thing.

I will close on a more positive note because that might be what we should focus on. Recently, in my riding in Quebec City, I met a newly arrived immigrant couple. In fact, it was a spousal reunification. The wife had waited years for her husband to finally be able to join her. To see such happiness is priceless. There are human beings behind all this paperwork.

We have to think of the people.

Protecting Canada's Immigration System ActGovernment Orders

April 23rd, 2012 / 5:05 p.m.
See context

Calgary Southeast Alberta

Conservative

Jason Kenney ConservativeMinister of Citizenship

Mr. Speaker, I do not know exactly what the member was talking about, because it was really not Bill C-31. She expressed reasonable concerns about integrating newcomers. On that subject, I must inform the member that since 2006, this government has more than tripled federal investments in integration services for newcomers, in Quebec and throughout Canada, in particular for francization, language training and job searches for newcomers.

With respect to resettled refugees, we are increasing the number we accept by 20%. We are also increasing support for those refugees under the refugee assistance program. So we are doing a great deal to help newcomers.

We are also reforming immigrant selection at the federal level so they are able to arrive in Canada much faster with jobs organized before they arrive.

Is the member aware of these investments? Does she think that tripling investment in integration is important or not?