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

[Rick Dykstra, Conservative, Parliamentary Secretary to the Minister of Citizenship and Immigration]

Mr. Speaker, I want to thank the member for Barrie for his excellent speech and his in-depth understanding of some of the content within Bill C-31. I also want to compliment him as chair of the Canada-India Parliamentary Association. He has done an outstanding job of reaching out wherever necessary, both in his riding as a representative and in the city of Toronto as a liaison for the South Asian community.

From his meetings and discussions with that community, I wonder if he could comment on what its support or comments on the bill have been and what direction the committee could take from them in terms of moving this bill forward.

[Patrick Brown, Conservative, Barrie, ON]

Mr. Speaker, I am glad to offer my contribution to this vital debate about the future of Canada's internationally renowned immigration system.

I am sure all hon. members in the House can agree that it is crucial to Canada's national interest that our immigration system functions fairly, effectively and with integrity.

If enacted, the measures in Bill C-31, otherwise known as protecting Canada's immigration system act, would help ensure that the immigration system would continue to function in a just way.

Let us not mince words. Our immigration system is one of Canada's greatest assets. It is one of the reasons we have the great country we do today.

I think of my own riding in Barrie, Ontario and of some of the people from Barrie who have come to Canada recently. They represent some of the best values to which we could ever aspire.

I think of Beethoven Crasco who, when he first came here, was working two jobs to support his family and still found time to volunteer at our local hospital.

I think of Tahir Nawaz who within a few years of coming here organized a large fundraiser for the Red Cross as he wanted to give back and be engaged in the community.

I think of Aaron Sureshkumar who, after coming from Sri Lanka and working tirelessly, managed to not only find a job, but created and opened his own factory producing hot tub covers, which are now being sold all across North America. Coming here with very little, he now employs dozens in Barrie and is opening an expansion.

That type of work ethic embodies the Canadian spirit unequivocally.

I know most MPs go to citizenship ceremonies. We can never have better example of why we appreciate immigration than those ceremonies. I remember going to my first one when I was on city council 12 years ago and seeing a new Canadian cry at the thought of getting her citizenship. It really is inspiring. It reminds us of why we live in such an amazing country.

Immigration has brought countless newcomers and their descendants to our shores, immigrants who have brought immeasurable benefits to Canada's development, have contributed to the richness and diversity of our country and have helped make it the free and prosperous society it is today. Therefore, it is our duty as legislators to ensure that we enact laws that protect and ensure the strength of our immigration system.

The measures in Bill C-31, once enacted, will do exactly that, so I am happy to support this legislation.

I would like to speak today about one of the important pieces of the protecting Canada's immigration system act. The measures in this legislation will enable the introduction of biometric technology for the mandatory screening of temporary resident applicants.

As members know, Bill C-31 would also help carry out long needed reforms to the refugee system and would help crackdown on human smugglers who may try to abuse Canada's generous immigration system.

Regarding biometrics, the Montreal Gazette had this to say in a recent editorial on the bill we are debating today. It wrote:

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.

I agree with this analysis. I would go even further and echo the words of our Minister of Citizenship, Immigration and Multiculturalism, who has described the implementation of biometric screening of visa applicants as a “historic” development in Canada's immigration system.

Under our current system, when individuals make immigration applications, in most cases they only need to initially provide written documents to support their applications. A modern immigration system can do a better job in ensuring security. How? Let me provide an explanation of how this new system would work.

Essentially, the legislation under consideration today, and the regulations that will follow, will allow the Government of Canada to make it mandatory for travellers, students and workers from prescribed visa-required countries and territories to have their photographs and fingerprints taken as part of their temporary resident visa study permit or work permit applications.

That is it in a nutshell. It will simply mean the photos and prints will be collected as part of a standard visa application process. For overseas applicants, they would be collected before the applicant arrives in Canada. This will help with processing visa applications and later with confirming the identity of visa holders when they arrive at our borders.

The introduction of biometrics as an identity-management tool and our immigration and border control system is a welcome development that has been a long time in coming and long overdue. It is also something that will bring Canada up to speed with what is quickly becoming the international standard in this domain. Many governments around the world have already introduced biometric collection in their immigration and border programs. Here are some examples: the United Kingdom, Australia, the United States, New Zealand, Japan, the European Union, South Korea, the United Arab Emirates, Indonesia and Malaysia to name a few.

Although it is a long time in coming for Canada, the fact that so many other countries have already adopted biometrics brings a side benefit. Many visa applicants to Canada will already be familiar with the process. This will make for a very smooth transition to the system. Also, because other countries have already gone through the transition to biometrics, we already know that there is normally only a small, short-term drop in application volumes following the implementation of biometrics.

It would be difficult to argue that what I am describing here is anything but efficient, effective and a straightforward process. In terms of the security of the immigration system, implementing biometrics will help stop known criminals, failed refugee claimants and previous deportees from using false identity to obtain a Canadian visa.

Biometrics will help improve the integrity of our immigration system and will bolster Canada's existing measures to facilitate legitimate travel by providing a fast and reliable tool to help confirm identity. This will greatly help our front-line visa and border officers to manage high volumes of immigration applicants and the growing sophistication in identity fraud. It will provide great benefits to the Canadian officials making visa applications and border entry decisions.

At the same time, it will be beneficial to applicants because in the long run the use of biometrics will facilitate entry to Canada by providing a reliable tool to readily confirm the identity of applicants. For instance, in cases where the authenticity of documents is uncertain, biometrics could expedite decision making at Canadian points of entry. Using biometrics could also protect visa applicants by making it more difficult for others to forge, steal or use an applicant's identity to gain access into Canada.

Finally, Canada has committed to the exchange of biometric information with the United States beginning in 2014. This will help both Canadian and U.S. authorities spot failed refugee claimants, deportees, previously refused applicants and applicants using fraudulent identities before they get to North America. This initiative is part of our two countries' action plan on perimeter security and economic competitiveness, which provides a practical road map for enhancing security, while speeding up legitimate trade and travel across the Canada-U.S. border.

Let me give a few practical examples of why biometrics is fundamentally necessary in Canada. Let us take the example of Esron Laing and David Wilson, who were convicted of armed robbery and forcible confinement. They returned to Canada on three different occasions. In fact, they are known as the “Yo-Yo Bandits” because just like a yo-yo, they kept coming back.

I know that three times does not seem like a high number, but I am sad to say that many serious criminals are deported and manage to return to Canada many more times than that. For example, Anthony Hakim Saunders was convicted of assault and drug trafficking. He was deported on 10 different occasions. That is right, an astonishing 10 different times. Just like the “Yo-Yo Bandits”, he kept returning.

Edmund Ezemo was convicted of more than 30 charges, including identity theft and fraud. He was deported and returned to Canada eight times.

Dale Anthony Wyatt was convicted of trafficking drugs and possession of illegal weapons. He was deported and returned to Canada on at least four separate occasions.

Unfortunately this is only a tiny sample of the examples I could use to illustrate the number of people who are not eligible to come to Canada but do.

The many benefits of introducing biometric technology for screening visa applicants makes it a welcome and historic development for our immigration system. Furthermore, the use of biometrics is increasingly becoming the international norm. By passing Bill C-31, protecting Canada's immigration system act, we will be ensuring that Canada keeps up with the many other countries in the world already using this system.

For this reason and many others, I will be supporting the bill wholeheartedly. I encourage all members of the House to do the same.

[Joyce Murray, Liberal, Vancouver Quadra, BC]

Mr. Speaker, I thank my colleague for his question.

Certainly there are elements in the bill that would be violations of the Charter of Rights and Freedoms, but that is not the key issue here. However, a second key issue is the absolute lack of consultation, such as when Bill C-11 came forward.

Groups affected by this were not consulted.

There were some big mistakes in Bill C-11. Some consultation was then done and those things were changed. However, under Bill C-31, the amendments were rolled out again. Therefore, this is a very similar process as with many of the other bills that the government has put forward.

The Conservatives have shown that they are not interested in the public good or the best interests of the people because they did not consult groups in such a way as to ensure a good bill. They drafted it without consulting anyone because they want more power over immigrant and refugee groups.

[Pierre Jacob, NDP, Brome—Missisquoi, QC]

Mr. Speaker, can my esteemed colleague tell us how Bill C-31 blatantly violates the Canadian charter and several international treaties? I would like her to summarize the most obvious violations.

[Joyce Murray, Liberal, Vancouver Quadra, BC]

Mr. Speaker, I am pleased to enter the debate on Bill C-31. The Liberal Party believes that it is very reasonable to review, consult on and update refugee and immigration laws from time to time in order to address ways in which they may no longer meet the public interest, address issues that have come up since the last revisions and make improvements. The Liberal Party supports that, but Bill C-31, unfortunately, has some very serious flaws.

The fact that the Minister of Citizenship, Immigration and Multiculturalism is the only person who will decide what countries of origin are safe will mean that there is no accountability and no recourse available, and the refugee system will become dangerously politicized.

We see that playing out from accounts in the media about the immigration minister himself and funds potentially being used to organize partisan fundraising from immigrant communities. It is a very dangerous precedent.

The goal is to give one person in this country the power to determine which people will be eligible to claim refugee status and which people will not.

That is dangerous.

This bill will allow the Minister of Public Safety to decide which groups of people are irregular arrivals, and thus gives him too much discretion but no accountability.

The elimination of an appeal process for people who come from a country on the safe country list or for people designated as part of an irregular arrival does not guarantee that the law will be applied uniformly.

Our party opposes long-term detention without warrant, and opposes an unfair review process where the first examination is not held for 12 months. The proposed policies amount to cruel and unusual punishment.

It is clear that, while supporting improvements to make the laws more timely, more fair and more effective, there are many ways in which these are dangerous changes that put unaccountable power in the hands of ministers who have, allegedly, been abusing that power.

The Liberals believe that creating two classes of refugees is not acceptable and that the bill undermines the compassion and support Canada has historically provided to those seeking refuge from situations of risk, danger and abuse in their home country. It punishes selected refugees both by branding them in negative ways as security risks when, in most cases, that is not the case, and by locking them up for long periods of time and treating them much more harshly. This punishing of refugees is an unacceptable way of reforming our system and very likely open to charter challenges.

I will talk about two parts of the context of this.

My daughter was in Sri Lanka seven years ago at the time of the tsunami, which was a humanitarian disaster of massive proportions in Sri Lanka. She was, fortunately, not harmed. She was part of a convoy of aid that citizens had pulled together to drive down in trucks to the areas most affected. What she told us when she came back was that it was extremely dangerous. There were huge security measures that the group needed to take. These convoys of aid were at risk of being hijacked by government forces and by Tamil forces at various times. It was a dangerous situation where there was a civil war and the Tamil citizens were victimized by forces in their own country.

A few years later, the civil war came to a head. There were reports in 2009 that 10,000 citizens were killed and that 280,000 Tamil citizens were displaced in their own country and living in refugee camps. That is the framing for the arrival in British Columbia.

As the member for Parliament for Vancouver Quadra and a British Columbian, I was aware of the humanitarian disaster leading to people leaving the country and coming as refugees to Canada at that time. One boat arrived in October 2009 and a further boat arrived shortly thereafter.

I have an interesting analysis of the arrival of the boat bringing Tamil community members whose lives had been at risk, whose family members had been probably killed by either the government or Tamil rebel forces and who literally were the kind of humanitarian asylum seekers who Canada has a responsibility to accept and to support and has done so successfully in the past.

I will read a couple of sentences from the abstract of the analysis in the Canadian Journal of Communication, No. 4, 2011, by Ashley Bradimore and Harald Bauder of Ryerson University. This analysis looks at 32 articles. It does a careful analysis to ensure that this is a representative sample of the articles in the Vancouver Sun, Toronto Star and National Post. It analyzes the framing, representation and identity in these articles, showing that there was an overall negative representation of the Tamil refugees. The press emphasized issues of criminality and terrorism and constructed the refugees as being a risk. The sentences read:

The discussion established security—rather than human rights—as a focal point and portrayed the immigration system as both “failing” and “abused” by “bogus claimants”.

This security-oriented framework provided a discursive background for the refugee reform Bill C-11, Bill C-11, which has been replaced by Bill C-31.

We see a context in the discussions across national discussions that are not talking about the humanitarian issue or the situation with people arriving from Sri Lanka in these Tamil boats. The discussion centres on illegality and a lot of negatives. In fact, the analysis of the news articles at the time showed that some 66% of the articles sampled had negative terms in the headlines to describe the events, such as “terrorism”, “suspected”, “illegal”, “apprehended”. That is how between 50% and 67% of the headlines characterized the situation of the Tamil refugees coming to British Columbia.

Why was it characterized so negatively? Was that just the media portraying refugees from a known n country where there had been abuses and humanitarian tragedies? Was the media just being negative or was there a government hand in all of this?

It turns out that, in this analysis of articles, between 50% and 68% of the quotes and references in these articles were either from government sources or the police. The government sources were very widely quoted in these articles. What is the significance of that? It turns out that the immigration minister of the day came out very early on with some very negative comments. For example, the minister signalled, “there should be no rush to unconditionally embrace as refugees the 76 men, believed to be from Sri Lanka”. Another one reads, “We obviously don't want to encourage people to get into rickety boats, pay thousands of dollars, cross the oceans and come to Canada illegally”.

Another one reads:

Without prejudice to this particular group of people, [...]

We want to ensure that we don't end up with a two-tier immigration system, one tier for legal law-abiding immigrants who wait patiently to come to Canada the legal way, and another that [encourages] false refugee claimants to come through the back door.

These comments played a significant role in changing the discourse in the media from what was once centred on the humanitarian to talking about illegality, the bogus and queue jumping. That then becomes the basis for putting forward Bill C-31, which is an attack on refugees. First the Conservatives lull the public and then they attack the refugees, perhaps with impunity. However, the Liberals will be speaking out against it.

[Joyce Bateman, Conservative, Winnipeg South Centre, MB]

Mr. Speaker, I need to provide some information for my colleague opposite that she may not be aware of. First, it is an absolute given that I welcome parliamentary debate. That is why we are all here.

However, the point that may have eluded my colleague is that the current system is crushingly expensive for the Canadian taxpayer to bear. It is the Canadian taxpayer who is currently funding the inefficiencies and ineffectiveness of the system. The proposal in Bill C-31, protecting Canada's immigration system act, is to make it more just, more fair and much more responsive to the needs of all Canadians, whether they are new or currently reside here.

[Joyce Bateman, Conservative, Winnipeg South Centre, MB]

Mr. Speaker, I am very pleased to rise in support of Bill C-31, protecting Canada's immigration system act. This legislation will provide a quicker and more secure beginning for victims of violence and persecution around the world.

As a Canadian, I am very proud of our compassionate tradition of providing a safe haven to refugees. Since World War II, Canada has provided protection to over one million refugees. It is clear that the government is committed to continuing this proud tradition, and that is why we will uphold Canada's commitment to resettle more refugees. By 2013, Canada will resettle up to 14,500 refugees, an increase of 2,500 since 2010. Canada welcomes one of the highest numbers of UNHCR-designated refugees. Bill C-31 will not change that.

What Bill C-31 will do is make our generous immigration system faster and fairer. It is no secret that Canada's immigration system is open to abuse, but when people come to Canada to abuse our immigration and refugee systems, it undermines public confidence in our immigration programs. It is that true people have taken notice of our country's compassion; the fact that Canada now receives more refugee claims from Europe than from Africa or Asia shows there is something wrong with the refugee system.

The simple fact of the matter is that we spend far too many taxpayer dollars on applicants who are not in need of protection. Last year alone, bogus refugee claimants cost Canadian taxpayers over $170 million.

Bill C-31 continues to give all refugee claimants, including those who arrive by way of human smuggling, the right to file a claim for refugee protection with the independent Immigration and Refugee Board. We will, therefore, not refuse any eligible person access to our asylum system. As such, this legislation will allow Canada to maintain one of the most generous refugee systems in the world; however, it will speed up the processes for deciding on refugee claims. This will allow us to provide protection much more quickly to those who are truly in need of it.

Under the UN convention on refugees, our obligation is clear: we have an obligation not to turn away people who have a well-founded fear of persecution, regardless of race, nationality, religion, et cetera. The fact that we will continue to grant access to our asylum system to all eligible claimants and that they will get an oral hearing before the independent Immigration and Refugee Board means that we will continue to meet these obligations. In fact, under Bill C-31 we will continue to exceed both our international and domestic obligations.

While all refugee claimants would continue to be able to ask for refugee protection, claimants from designated countries—that is, those that generally do not produce refugees—would have limited access to the recourse mechanisms that currently enable them to delay their removal from Canada for many years. This means that claimants from designated countries who receive a negative decision from the IRB would not have access to the refugee appeal division. They would continue to be able to ask the Federal Court to review the negative decision.

The United Nations has long praised Canada for the generosity of our current refugee system. As I said, all eligible applicants, including those from designated countries of origin, would continue to have access to our current refugee system.

The problem is that the current system is far too slow. On average it can take up to 4.5 years from the time an initial claim is made until a failed claimant is removed from Canada. During this time, claimants can access our taxpayer-funded health care and claim social assistance for several years while their claim is still pending. Long wait times mean greater costs to Canada taxpayers.

Similarly, the system is also too slow for people who need our protection. People in genuine need of our protection now wait about 20 months for a decision on their claim. This is unfair. As a result, the current response to genuine claimants is “Sorry; we know you need our protection, but you have to wait two years before we can even let you know whether you will get it.” This is entirely the wrong message that we should be sending to genuine refugee claimants.

These people need our protection, and we owe it to them to let them know whether we can provide it within a reasonable amount of time.

The reality is that instead of waiting patiently to come to Canada through an immigration process, too many people are trying to use our asylum system as a back door to gain entry into Canada. All the while, these claimants clog our refugee system and make those who legitimately need it wait far too long. While there is no question that Canada is a generous nation that seeks to provide protection to those in need, we must place limits on our generosity when others blatantly seek to abuse it.

This is what immigration lawyer and expert Richard Kurland had to say about Bill C-31, in part:

Finally someone recognized that the open wallet approach of the past, offering free education, free medicare, and a welfare cheque to anyone who touched Canadian soil making a refugee claim was not the right thing to do.

He continued:

We were just taken for a ride by a lot of people for a long time. Today that loophole is dead, and I really hope the word gets out to the smuggler community and back to source countries to not try it.

What is more, both the former NDP immigration critic and the current Liberal critic have stated publicly that they support the principles behind Bill C-31. The former NDP immigration critic said:

Well, I think what we need to do is build a system that has a fast and fair determination process. And that’s something that I’ll give [the minister] credit for. I do think that’s what his intention has been all along. And we all want to work towards that. We don’t want endless dragging on of this stuff because refugees, when they come here, you know, they do qualify for basic sustenance...it is at the cost of the Canadian taxpayer. So we do have an interest in making sure there’s a quick determination that’s correct and fair and get these people into our communities....

He continued:

We want a fast, fair system where we can give a sanctuary to people who need it quickly and we can weed out the people who don’t have valid claims, get them through a fair process. And if they’re not valid at the end of the day, deport them out of Canada swiftly.

Yet both the NDP and the Liberals have decided to vote against this important piece of legislation. They have decided to vote against providing Canada's protection to genuine refugees in need and they have decided to vote against hard-working Canadian taxpayers.

We need to send a message to those who seek to abuse our generosity that if they are not in need of our protection, they will be sent home quickly. Alternatively, the message we should be sending those who genuinely need our protection is that if they need our protection, they will now get it more quickly.

It is only by fixing our refugee system that we can effectively increase the generosity of our system. With the passage of the Balanced Refugee Reform Act in June 2010, we made some progress toward that goal, but the fact is that gaps remain in the new system. In introducing Bill C-31, our rationale is simple: by focusing the resources of our system on providing protection to those who genuinely need it, we improve our ability to help those people in need.

[Andrew Cash, NDP, Davenport, ON]

Mr. Speaker, my hon. colleague made a very informative and polite speech. I want to ask him about one specific aspect of Bill C-31.

We have a Minister of Public Safety who tells Canadians that if they are not with a particular piece of legislation then they stand with child pornographers. We have a Minister of National Defence who cannot give straight answers on a massive procurement. We have a Minister of Industry who is getting his hands slapped for cozying up to big business. We have a President of the Treasury Board who shovels money out the back door. How can we really trust the Conservative government to put more power into the hands of a single minister without proper oversight?

I would like my hon. colleague to comment on that part of the bill.

[Dan Harris, NDP, Scarborough Southwest, ON]

Mr. Speaker, it was very interesting to hear the government House leader say that a committee should be allowed to complete its work before decisions are made. That is the situation on Bill C-31 with respect to biometrics. A committee was engaged in a study to discuss the facts and meet with experts and witnesses in order to reach a decision on biometrics. However, the Conservatives just shot that out the cannon and are now proceeding with this bill before the committee's work is done.

Of course, it is always a pleasure to stand in this House, but I wish we were debating a bill that I would be able to support.

The title of Bill C-31, protecting Canada's immigration system act, is an improper and inaccurate title because rather than protect it, it would do damage to Canada's immigration system legally, socially, morally and internationally.

New Democrats strongly oppose Bill C-31 because it would punish refugees instead of ensuring a fast and fair refugee system.

This is not the first bill this Parliament has seen that targets the wrong group. I would point to Bill C-4, which I spoke up about several months ago, which has now been rolled into this bill.

I would like to sincerely thank my colleague, the member for Vancouver Kingsway, for his hard work and leadership on this file.

I want to talk about the omnibus nature of the bill which, from a structural point of view, is something that is a disturbing recurring feature of the Conservative government's legislation.

Bill C-31 is an omnibus refugee reform bill that combines the worst parts of former Bill C-11 from the last Parliament with Bill C-4 from this Parliament.

We saw this strategy before when the government put nine separate pieces of serious and complex crime legislation into one omnibus bill which it then put out for discussion and debate, therefore denying parliamentarians the opportunity to properly debate the merits of each individual bill.

Now the minister is combining two separate major pieces of legislation, as well as another serious issue, that of biometrics, into one unwieldy bill.

For Canadians who may be watching the debate, I want to explain what those bills are.

Bill C-11 was introduced in the last Parliament. It was debated, went through committee, was amended and passed in this very House. It went through all three readings in the other place, passed, received royal assent and was waiting to be implemented in June. Now, by introducing this bill, the minister has stopped that bill from being implemented. That bill was geared toward reforming Canada's refugee system.

When speaking to that bill on Tuesday, June 15, 2010, the Minister of Citizenship, Immigration and Multiculturalism stated:

We have, in good faith, agreed to significant amendments that reflect their input, resulting in a stronger piece of legislation that is a monumental achievement for all involved.

These amendments, I am happy to say, create a reform package that is both faster and fairer than the bill as it was originally tabled.

The minister has now gone back to the original bill and thrown out all the wonderful hard work done by parliamentarians and the amendments that he lauded as faster and fairer than the original bill, the very bill he said was inferior to the amendments that were made by all parties in the House. It baffles me that the minister has yet to explain his reasoning behind this.

One of the first bills the Conservatives introduced, and one of the first pieces of legislation that I spoke to was Bill C-4. Now the minister has wrapped that bill into Bill C-31. There is no explanation as to why he would do that to a bill which had already been introduced and was moving through the system. This slows the bill down and puts it back at the start of the legislative process.

As I am opposed to the original bill, I do not necessarily mind that it will take longer before it becomes law, but it is certainly a waste of our time and taxpayers' money.

Bill C-4 has been plainly condemned by virtually every group and stakeholder involved in the immigration system in this country: lawyers, refugee groups, churches, immigrant settlement services across the board, and, I might add, a great number of my constituents.

The government has rolled everything into one bill and has added one more controversial issue that deserves its own debate. The government has added the issue of biometrics to the bill.

The Standing Committee on Citizenship and Immigration held meetings and was in the middle of an important study on biometrics when the government introduced this legislation that steps on the very thing it is supposed to be studying. Sadly, it is no great surprise to me that the Conservatives moved on this before the facts were in and the work was completed. It is a little haphazard and half-baked like a lot of things they propose.

What does this say about the government's view of the work of standing committees and the experts and witnesses who appear before committees when the government reaches conclusions before the committee members have heard all the evidence? We would not accept it in a court room and we should not accept it here. That is one among many of the problems the government has.

One of my major concerns is the excessive power that the bill gives to the minister. The minister has the discretion to designate countries of origin or safe countries, to designate a group as an irregular arrival and determine what conditions would be placed on those designated refugee claimants. The designations have serious consequences and there should be oversight in making these determinations. Designated countries of origin would be countries that the minister believes do not produce legitimate refugees, usually because they are developed democracies.

The minister has thrown out the panel of experts to advise him, and I ask why. If the minister is so confident that he can choose which countries are safe countries, why would he not want the benefit of advice from experts in human rights? He praised this very idea as a good one 18 months ago. He still has not explained himself.

The Minister of Citizenship, Immigration and Multiculturalism may have great faith in his own judgment, but to have one person make such important determinations as to which country is safe or not, which country is or is not capable of producing refugees, and who is an irregular arrival is extremely troubling and sets a dangerous precedent. That is too much power for one person to have. It sounds to me that he is creating his own little PMO of control in immigration. We should build in checks and balances. That should be the case no matter who the minister of immigration is, even a New Democrat after we form government in 2015. I do not know who would make the argument that the system is not better served by having that kind of check and balance in place.

With regard to the DCOs, the bill removes the requirement that a determination be made by a panel including human rights experts. By concentrating the power to designate a country in the minister's hands, it opens the prospect that decisions could be made for political and/or foreign policy reasons and considerations. Thus, these designations by the minister create two classes of refugees.

Refugee claimants from DCOs would face a much faster determination process and faster deportation for failed claims. An initial form must be filled out and submitted within 15 days of the claim. DCO claims submitted in Canada would be decided within 30 days, DCO claims submitted at a port of entry would be decided within 45 days. All others would be decided within 60 days. Failed DCO claimants could be removed from Canada almost immediately, even if they have asked for judicial review. In other words, a person could be removed before the review is even heard and that is unacceptable to me and to the members on this side of the House.

Furthermore, DCO claimants have no access to the new refugee appeal division. Herein lies what is fundamentally backward about the bill. The accelerated timelines make it difficult for people to get proper legal representation. This could lead to mistakes and subsequently a negative decision. Legal experts have warned that these accelerated timeframes and restricted access to the refugee appeal division would create an unfair system. The effect of the accelerated deportation would mean that people would already be removed from the country before the legal process had run its course. We know that once people have been removed it is much more difficult to get them back here if they are legitimate claimants.

The House resumed consideration of the motion 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, be read the second time and referred to a committee, and of the amendment.

[Guy Caron, NDP, Rimouski-Neigette—Témiscouata—Les Basques, QC]

Mr. Speaker, I would like the member to comment on the process by which Bill C-31 was drafted. For previous bills, the opposition parties and the government specifically agreed to, among other things, the creation of an advisory committee to define a “safe third country”. The government went back on those agreements and came up with Bill C-31.

What does my colleague think of the fact that bipartisan or multi-party agreements in the House can result in reasonable compromises that everyone is happy with, and of the fact that this process led to Bill C-31, which is totally unacceptable and violates all of the previous agreements? Can the member justify the government's decision and its dismissal of reasonable arguments put forward by the NDP and the other opposition parties?

[Bryan Hayes, Conservative, Sault Ste. Marie, ON]

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

Since Bill C-31 was tabled earlier this year, we have had the opportunity to debate its provisions on a number of different occasions in the House. I have listened to all sides of the debate and my hon. colleagues have made their points with conviction and often with passion.

I remain convinced that Bill C-31 is legislation that will improve our country's immigration system in a number of important ways, including, of course, cracking down on the lucrative business of human smuggling.

Human smugglers are criminals who operate around the world, charging large amounts of money to facilitate illegal migration. This is an important national issue because the actions of human smugglers undermine the security and safety of Canadians.

In some parts of the country, such as British Columbia, there is also an important global issue. It was on Vancouver Island in B.C. where the drama of human smuggling played out most prominently in recent years, in the cases of both the Ocean Lady in 2009 and the Sun Sea in 2010. It was these two incidents, more than any other, that demonstrated that this was not a theoretical problem in the country. It is a real problem.

Last summer, another human smuggling ship, the MV Alicia, carrying almost 90 Sri Lankan Tamils bound for Canada, was intercepted in Indonesia. In January another 200 Tamils seeking to come to Canada were duped by smugglers and left stranded in the small west African country of Togo.

Just a few weeks ago, the SV Tabasco 2, sank off the coast of Nova Scotia. The captain was killed, three crew members are missing and five survivors are requesting refugee status in Canada. The Minister of Public Safety has suggested that this could be another case of human smuggling.

All of these incidents underline the need to take action.

Bill C-31 would help to do so in a number of ways. It would enable the Minister of Public Safety to designate the arrival of a group of individuals into Canada as an “irregular arrival”. It would establish a mandatory detention for those individuals for up to a year in order to determine their identity and admissibility, including whether they had been involved in any legal activity. Mandatory detention would exclude those designated foreign nationals who were under the age of 16. Also, once an individual's refugee claim had been approved, that individual would be released from detention.

The bill would make it easier to prosecute human smugglers and would impose mandatory minimum prison sentences on those convicted of human smuggling. It would hold shipowners and operators to account when their ships were used for human smuggling. It would reduce the attraction of coming to Canada by way of illegal human smuggling by limiting the ability of those who would do so to take advantage of our generous immigration system and social services.

Cracking down on human smugglers is an important element of protecting the integrity of our immigration system. That is why these provisions have been included in Bill C-31.

Aside from human smuggling, the bill aims to strengthen Canada's immigration system in two other very specific ways. The bill would further build on the long needed reforms to the asylum system that were passed in Parliament in June 2010 as part of the Balanced Refugee Reform Act. These new measures would further accelerate the processing of refugee claims for nationals from designated countries that generally would not produce refugees. They would also reduce the options available to failed claimants to delay their removal from Canada.

It may surprise some of my hon. colleagues to know that Canada receives more asylum claims from countries in Europe than from either Africa or Asia. Last year alone, almost one-quarter of all refugee claims made in Canada were made by European Union nationals. That should give us pause for thought.

EU countries have strong human rights and democratic systems similar to our own and yet they produced almost 25% of all the refugee claims in this country in 2011. That is up 14% from the previous year. At a time of economic uncertainty for most people, this state of affairs comes with a large price tag for Canadian taxpayers.

In recent years, virtually all EU claims were withdrawn, abandoned or rejected. In 2010-11 alone, this was the case for 93% of European Union claims. If this trend continues, that means that the unfounded claims from the 5,800 European Union nationals who sought asylum last year will cost Canadian taxpayers nearly $170 million.

The refugee reform measures in Bill C-31 would help prevent abuse of the system and would ensure that all of our refugee determination processes are as streamlined as possible. This would be accomplished without affecting the fairness of the system and without compromising any of Canada's international and domestic obligations with respect to refugees.

Finally, the bill would enable the introduction of mandatory biometric collection for screening temporary resident, visa and study and work permit applicants, which would strengthen our immigration program in a number of ways.

This component of the legislation and its corresponding regulations that would follow would allow the government to make it mandatory for temporary resident visa applicants to Canada to have their photographs and 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.

It is no surprise to me that this important bill has received widespread support. This is what immigration lawyer, Julie Taub, had to say:

I’m an immigration and refugee lawyer in Ottawa, and a former member of the Immigration and Refugee Board. I can tell you from theory and practice that the current refugee system is very flawed, and cumbersome, and definitely needs an overhaul. It takes up to two years to have a claimant have his hearing. And there are far too many bogus claims that clog up the system, and use very expensive resources at a cost to Canadian taxpayers.

I also like the fact that he is going to fast-track these claims, so they do not clog up the refugee system for genuine claimants. I have clients who’ve been waiting since 2009, early 2010 to have their hearing, and I represent many claimants from, let’s say Africa, the Mid East countries, who base their claim on gender violence or Christian persecution in certain Middle East countries, and they have to wait, because the system is so clogged up with what I consider to be unfounded claims from citizens of safe country of origin.

As Canadian parliamentarians, we should all be committed to maintaining Canada's generous and fair immigration system, which is the envy of the world. We need to ensure that such an important system is always operating in our national interest and as effectively and efficiently as possible. That means that we need to preserve what works well in the immigration system and improve the system in areas where there are shortcomings.

The measures in Bill C-31 are necessary to protect the integrity of our immigration system. I support Bill C-31 and I encourage all of my colleagues in the House to join me in doing so.

[Libby Davies, NDP, Vancouver East, BC]

Mr. Speaker, I have spoken on this bill before, but we are now debating a reasoned amendment at second reading. I want to thank my colleague for Vancouver Kingsway for putting forward the motion that we are now debating that would eliminate many of the very offensive provisions of this bill.

I listened to the government member who spoke before me. Obviously the government is feeling frustrated that yet again it cannot get one of its bills through. It brings in closure and tries to shut down debate. On this particular bill, as with many other bills that we have seen, the concern in the broader community is unbelievable.

I was in my riding over the last couple of weeks, as I know many members were. I heard from people time and again, particularly those working in the refugee settlement system assisting refugees, how worried they are about the bill and the fact that it is going through Parliament. I want to reflect how bad people think this bill is.

I am glad that we are having this debate and that the member for Vancouver Kingsway put forward his motion. It gives us another opportunity to try to expose the grievous flaws in this bill. The bill would hurt people and tarnish Canada's reputation as a place of refuge for refugees. In effect, it would create a two-tier refugee system and that is something we should be very concerned about.

I want to express concern about the discretion that the bill would give to the minister. I heard the minister earlier in his remarks saying that is not true and not something that would happen. However, when one reads it, this is clearly a strong element of the bill. Again, it is a trend that we have seen with the Conservative government. It tends to centralize more and more power in a minister's hands and take away power from experts, panels and the system itself. It raises enormous suspicion among Canadians about the political motivation of the government with this kind of legislation.

We have a specific concern that the bill would make it easier to terminate refugee protection. I was astounded to learn that even once individuals became permanent residents they could have that taken away from them after the fact if conditions changed in their country of origin. This would create incredible uncertainty for refugees who had gone through the process and become permanent residents. In fact, it may even contravene international norms on the treatment of refugees. This is very concerning.

We have already had some debate and discussion on the clause that would prohibit refugee claimants who have been incarcerated in their home country for over 10 years and would not allow for tribunal discretion in the case of political prisoners. I heard the member give an example. What about someone like Nelson Mandela who is now an honorary citizen of Canada? Under the proposed system, he would not have been allowed in Canada. This very broad brush being cast over the system would deny unique and important circumstances of people who have been under political persecution to get the kind of protection they need. This leads me to wonder about the motivation behind a number of these bills.

I hear Conservative members time and again focus on the word “abuse”. It seems to me, whether it is the drug bills, bills under the criminal justice system or Bill C-31, that they focus on a number of issues around abuse, make out that it is the norm and then penalize the whole system. They basically take a very hard-line approach on the whole system which penalizes legitimate claimants. I think this is very wrong. It is a pattern that has been emerging with the Conservative government in more and more legislation that has come before the House.

One of the areas of most concern in the bill is the changes to humanitarian and compassionate consideration. I know many of us, in our local constituencies, assist with casework for refugees. In my riding of Vancouver East, my staff and office work very hard. Over the years we have had hundreds of cases in which we have helped claimants with humanitarian and compassionate grounds. It is a very important element of the process.

The fact is the changes being contemplated in the bill mean that while claimants are waiting for an IRB decision, they cannot apply for H and C concurrently. That means claimants have to make a very difficult decision at the beginning as to whether they want to file for refugee status or humanitarian and compassionate consideration. We know that failed refugee claimants cannot apply for H and C for one year following a negative decision and possibly, by that time, they may have been deported.

Why is this important? I know from the casework we have done in our community that many people can have a refugee claim denied, but nonetheless may have a legitimate claim on humanitarian and compassionate grounds. Our belief is that a failed refugee claim should not get in the way of an H and C consideration.

This change in the act will make it more and more difficult and onerous for refugee claimants to actually have options before them, which they now have. It is definitely a hardening of the system. It is a narrowing of the criteria. It is a focus on abuse that now applies system-wide and makes it much more difficult for people.

As a result of these changes, if they do go through, members of Parliament are going to find it very difficult to work with claimants in our local communities and we are going to see a lot of hardship. We are going to see people facing a system that has closed down on them. I am very worried and concerned about the impact the bill will have.

Another concern with the bill is the fact that the minister will have the power to designate a group of refugees as irregular arrivals. Exactly what that means and what the criteria will be is something we will need to find out. We need to find out how this will work. The very fact that it will create two classes of refugee claimants is something about which we should be very concerned.

As many of the experts have pointed out, and I referred to some of the organizations earlier that had voiced their concerns about the bill, this section of the bill is very possibly a violation of charter equality rights and also international conventions. The notion of detaining mandatory detention for up to a year when the minister has designated irregular arrivals is very offensive to us.

I remember reading over the years about the situation that took place in Australia where it had mandatory detention. First, it created a political environment of hatred against refugees and allowed that environment to get stronger. I think that is what we will see here. This is what the Conservative government is apparently motivated by, creating an environment where we can beat up on refugees and say that somehow everybody is abusing the system.

The idea of having two tiers of refugees and singling certain people out when they may be legitimate refugees is very problematic.

I am proud that the NDP has stood in opposition to the bill, because there are serious flaws and concerns about it. It should be scrapped. I hope the amendment of the member for Vancouver Kingsway is approved in the House so we can go back to the drawing board and do this properly.

[Tilly O'Neill-Gordon, Conservative, Miramichi, NB]

Mr. Speaker, I know that Bill C-31 would help our government put a stop to those who seek to abuse our generosity. It would help to get immigrants here faster. We would welcome them and be glad to have them work in our system.

[Tilly O'Neill-Gordon, Conservative, Miramichi, NB]

Mr. Speaker, on February 16, our government introduced Bill C-31, which would restore integrity to our asylum system by making Canada's refugee process faster and fairer, thus resulting in faster protection for legitimate refugees and faster removal for bogus claimants.

Canada's immigration system is known for being the most generous and fair in the world, but we are also vulnerable to abuse. Bill C-31 would work to keep it fairer for everyone.