Bill C-31 (Historical)

Protecting Canada's Immigration System Act

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

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

Protecting Canada's Immigration System Act

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Both of these measures are advisable. Human smuggling is an odious enterprise that should be severely punished. And while the smugglers' clients are perhaps desperate people in many cases, they are nevertheless participants in an illegal activity that should be strongly discouraged.

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

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

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

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

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

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

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

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

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

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

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

[Gerald Keddy, Conservative, South Shore—St. Margaret's, NS]

Mr. Speaker, the member stands in this House as a member of Parliament, born from refugee parents, and I congratulate her.

That is exactly what the refugee system is about. However, that is not what the refugee system continues to do because it has been taken advantage of time and time again. We have to modernize the system. We have to bring it into the 21st century. We have to do that. There is no discussion about this.

The right of appeal will still be there. Children under 16 years of age will not be incarcerated. We have to look at the cost of bogus claims, $170 million to the Canadian taxpayers. We have to look at the abuse in the system, a $1.67 billion cost to the Canadian taxpayers. We have to cut down on human smugglers, and we have to look at biometrics as a way to do this. We cannot do that with 19th century and 20th century ideas. We have to do it with 21st century ideas.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, the member has some hard numbers at his fingertips in terms of how much money we are going to save the taxpayer.

He says $1.6 billion and $100-some million in one specific area. It is good the government has those numbers. I must say that most people would encourage government to actually speed up the process. We do believe that the system needed to be fixed and sped up.

I have a question for the member. There is a cost to the bill. When we talk about detention centres, there is an anticipated substantial cost increase. Can the member tell us what the cost of that aspect of the bill is going to be, given that he knows where we are going to save money? Does the member know where we are going to be spending money and how much is it going to be?

[Gerald Keddy, Conservative, South Shore—St. Margaret's, NS]

Mr. Speaker, I think the part of my discussion that he obviously did not listen to was the whole debate surrounding bogus claims.

Legitimate claims are welcome, and they will be heard by a fair and impartial system. Bogus claims are what has been tying up the system. Ninety-five percent of these bogus refugee claims never ever show up for a hearing. Many of these are coming out of democratic countries in the European Union.

We have to find a way to plug that gap, and we are going to do that. I think the majority of Canadians support us in that attempt.

[Jason Kenney, Conservative, Minister of Citizenship]

Mr. Speaker, a member of the opposition talked about her family. That is a tremendous story. I suspect Vietnamese boat people were the refugees who came in 1979-80.

Those people who fled Vietnam went to the UN High Commissioner for Refugees processing camps in Southeast Asia where their claims were assessed. They were then referred for resettlement. Canada accepted some 60,000. That is what we encourage refugees to do, seek UN regional resettlement opportunities, not get in a leaky boat, paying $50,000 to a criminal gang.

Does the member not agree with me that it is better that people pursue the normal, legal UN route for regional refugee protection as opposed to using dangerous smugglers to cross the Pacific Ocean?

[Gerald Keddy, Conservative, South Shore—St. Margaret's, NS]

Mr. Speaker, what we just heard was the minister's point of view. There are two totally different issues at stake here. We are not about to try to ignore refugees from around the world. Canada steps forward and does more than our share. We carry more than our load of accepting refugees from around the world. We will continue to do that.

However, we will not be the dumping ground for every syndicate and smuggling organization on the planet.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[Jason Kenney, Conservative, Minister of Citizenship]

Mr. Speaker, before the hon. members deliver their speeches on this issue, I urge them all to study and really understand Canada's asylum system and this bill, rather than rising here and spewing nonsense. The speech we just heard was full of strange allegations that have nothing to do with reality.

For instance, the member said that all asylum seekers from Mexico need Canada's protection. However, 90% of asylum seekers from Mexico are refused by our legal system, through the Immigration and Refugee Board. In other words, most of them do not need Canada's protection. She said it is inappropriate to talk about bogus claimants, but nearly two-thirds of refugee claimants in Canada are rejected by our fair and balanced legal system. She should have nothing to say to that.

For instance, nearly all refugee claimants from the European Union withdraw their own refugee claims. Does she not agree that we need to have certain tools to deal with the waves of bogus claims from developed, democratic countries, like those of the European Union?

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

Mr. Speaker, when it comes to the European Union, I am fully aware of the situation. I travelled to Europe myself and heard from many countries about this. Canada is having problems with claims from only two countries, and yes, most of those claims are not legitimate.

However, Mr. Minister, you know very well that Bill C-11 solved all of those problems and that negotiations were held with the opposition. Now that you have a majority, you are pointing the finger at the NDP.

Will you negotiate with us? No. Will you include the amendments that were proposed in this bill? No. So, we will not take any lessons from you, simply because you claim we do not know this bill. We know very well that you will do whatever you want, but this is a mistake.

You have problems, but this bill does not solve them. Stop generalizing the situation by saying that we are going to be overrun with refugees from all over the world. We are having problems with only two European Union countries. This does not mean we should penalize refugees from everywhere else.

[The Acting Speaker, Bruce Stanton]

I would like to remind hon. members to address their comments to the Chair.

The hon. member for Chicoutimi—Le Fjord.

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

Mr. Speaker, the Minister of Immigration is out of touch with reality. Instead of blaming my brilliant colleague, who did her homework and read the bill in detail, maybe he should go out into the field, visit various communities in urban areas and see what refugees are really up against.

My colleague is right to give the example of a Mexican from the LGBT community who received death threats for various reasons, including his sexual orientation, and who claimed refugee status in Montreal. He told me about his reality, and it is incredible. The minister is wrong to blame the opposition, which is doing its homework. He should go out into the field.

I wonder if my colleague could comment about that.

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

Mr. Speaker, one hon. member will certainly appreciate and identify with what I am going to say.

I want to remind the minister that immigration is more than just a photo of the minister and the Prime Minister with representatives of certain cultural communities in a restaurant or a cultural organization. Immigration is much deeper than a little certificate that is sent to representatives of cultural communities with a photo taken with the Prime Minister and him.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[Don Davies, NDP, Vancouver Kingsway, BC]

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

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

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

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