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.

Citizenship and Immigration

[Don Davies, NDP, Vancouver Kingsway, BC]

Madam Speaker, a few short months ago, I rose in this House following the introduction Bill C-31, the so-called protecting Canada's immigration system act. I say “so-called” because it quickly became apparent that the bill would do little to protect Canada's immigration system. At that time, the entire immigration stakeholder community was shocked that the government was reversing the prudent measures of the Balanced Refugee Reform Act, and just months before that act was supposed to come into force.

The bill has become a symbol of all that is wrong with the Conservative government. It was born out of fear, ideology and a complete distaste for evidence and input from opposition parties and stakeholders. In fact, the bill stands alone in its total lack of support from every conceivable part of the immigration community: churches, lawyers, pediatricians, settlement services, immigration consultants, immigrants and refugees themselves have all roundly condemned the bill as imbalanced, misguided and ineffective.

The parts of the bill that deal with human smuggling came from a fearmongering political opportunism practised by the Minister of Citizenship, Immigration and Multiculturalism and the Minister of Public Safety following the arrival of two boats on our shores carrying bona fide refugees from war-torn Sri Lanka.

The rest of the bill is simply a comprehensive dismantling of the Balanced Refugee Reform Act, which was passed with all-party support in the minority Parliament of 2010 in a spirit of co-operation and a mutual recognition that the system needed to be streamlined.

Indeed, the Minister of Citizenship, Immigration and Multiculturalism praised that bill, saying the opposition amendments made our refugee determination system “fairer and faster”, words he now disavows and contradicts.

The laundry list of things that are wrong with the bill is long and serious. They includes mandatory detention of refugees, including children; ministerial power to designate safe countries without any independent oversight; denial of appeal to designated refugee claimants, which is a fundamental part of natural justice; unacceptably short timelines for filing refugee claims, a measure that would lead to more rejections; and denying family reunification for over five years to many refugees.

Ultimately the bill is about accepting fewer refugees. It goes against decades of tradition of welcoming the most vulnerable people in the world to our country. I think of the vibrant Vietnamese community in my riding of Vancouver Kingsway, almost all of whom came here on boats in the 1970s. I think also of the Jewish community, Somali Canadians, Roma. These groups, and others like them, embody the tradition of refugee resettlement in Canada, a tradition that the government is shunning.

I would like to highlight how the bill was handled and what it says about the government.

Once again, the bill illustrates the omnibus approach to legislation that we see repeatedly. Measures that on their own are distasteful to most Canadians are bundled together in one bill and rammed through Parliament.

At committee, we heard from lawyers who spoke about how the bill would violate our Constitution. They spoke about how the bill would violate our international obligations. They detailed how the bill would mandate timelines that would be impossible to meet while protecting people's rights to a fair hearing at the same time.

People on the front lines spoke about how the bill would further traumatize already traumatized people by imposing detention upon them and separating them from their families.

We heard Roma Canadians talk about the real persecution they face and how insulting and misguided it is of the minister to constantly refer to European refugee claimants as “bogus”.

Evidence of similar legislation from countries like Australia that shows that these types of policies just do not work was flatly ignored.

People who work with refugees every day told us how the bill would hurt refugees, their families and our communities.

Throughout the whole process, the government and the minister have ignored, belittled and chastised experts and stakeholders with a level of ignorance and arrogance that is unworthy of public office-holders.

The bill remains punitive, mean-spirited and ineffective.

Why is the government moving forward with Bill C-31?

[Andrew Cash, NDP, Davenport, ON]

Mr. Speaker, I have a petition on behalf of the residents of my riding around some of the more egregious elements of the government's Bill C-31, the immigration act.

I thank you for the opportunity to present this on behalf of Davenport.

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

Mr. Speaker, it is sad that the parliamentary secretary thinks that refugees clog up our system when these are people who are fleeing situations of persecution or oppression from wherever they are coming. They are asylum seekers.

The parliamentary secretary needs to stop blaming the backlog on the previous Liberal government. I agree that the Liberals handled it poorly, but for the last six years, the government has not done much to make the situation any better. It has actually made it worse.

Family reunification and family support are extremely important factors for healthy and effective integration of our newer immigrants in Canada. People who have faced war, who have faced traumatic experiences beyond our imagination will no longer have access to this vital support system, and thanks to the amendments to our immigration laws, including Bill C-31, they will now be revictimized.

When will the government understand the importance of family reunification and immediately reverse the moratorium on parent and grandparent class applications within the family class?

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

Mr. Speaker, certainly with the response the minister gave to the member's question and the position that our government has taken on this issue, the member either has not been listening very closely or she does not respect the fact that we have taken huge strides when it comes to family reunification and, in fact, when it comes to the immigration system overall.

The member shows a lack of respect for the 30-plus hours of witness testimony which brought the issues to our attention. Bill C-31 is going to change the way the refugee system in this country works for the positive in the sense that it will do more for those who are true refugees. It will also ensure that those who are not true refugees will not clog up our system, which hurts those who truly need assistance, and has a huge impact on the Immigration and Refugee Board and the immigration system as a whole.

Specifically, the one thing the member did not respond to, and which her party said it supported, as did the third party, is how we have dealt with the issue of the family class with respect to parents and grandparents.

We implemented the super visa program late in the fall of 2011 and it can only be described as a tremendous success. In fact, the super visa does something no other visa did before. It allows parents and grandparents who would like to visit their children and grandchildren to apply for a 10-year visa to come to this country. The super visa allows parents and grandparents to come to Canada for up to two years to stay and visit with their family and assist with the upbringing of children if that is their wish.

The fact is, that program had to be implemented because there was a backlog of over 165,000 applications which started way before we formed government. In fact, it was never dealt with by the previous administration and it put us in a position of having to act.

In 2011, to work through that backlog, we increased by 60% the number of parents and grandparents who are allowed to come into this country. We implemented the super visa which has put families and parents in a position to come here faster and to stay for a period of up to two years. The only requirement is that they get their own health insurance so that when they are here, they do not put a burden on Canada's health care system.

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

Mr. Speaker, last fall the Minister of Citizenship, Immigration and Multiculturalism announced, effective immediately, a moratorium on new applications to sponsor parents and grandparents to immigrate to Canada. This unfair punishment for new Canadians and Canadian permanent residents is compounded by new measures recently introduced in the punishing refugees act, also known as Bill C-31, which will place a mandatory five-year wait time for refugees to become permanent residents and apply to reunite with their families.

The last time I asked the minister about this issue, he blamed the problem of the backlog of applications on the Liberals. We continue to hear the Minister of Citizenship, Immigration and Multiculturalism claim that his department is increasing and speeding up the reunification for family members, but with this moratorium on family reunification and a five-year bar for refugees, the Conservative government is making it harder for families to stay together. The Conservative government has to take responsibility for that.

Parents and grandparents wait an average of seven years to come to Canada. One family in my riding has waited over 16 years. Now, people will have to wait an additional five years on top of an already lengthy separation. But wait, this excruciatingly long countdown for parents to see their children, and grandparents to see their grandchildren will not begin until 2014. The government will not be accepting new applications to sponsor parents and grandparents until 2014, if at all. While we know there is a substantial backlog for family class applicants, refusing to reunify families is not the way to deal with the backlog.

Working as the member of Parliament for Scarborough—Rouge River, I have spoken with many families who have been waiting years and years to have their parents and grandparents join them here in Canada. We all know the benefits of having our parents and grandparents here with us. We understand the value of reuniting families. I am lucky enough to have had my grandparents join me here in Canada from Sri Lanka. They have added so much value to my life.

We need to address the existing inequities in the system and develop a balanced and equitable approach to dealing with the backlog. This includes raising the overall level of immigration and the number of immigrants that we accept each year to approach approximately 1% of the population.

When will the Conservative government start putting families first and help those who have waited so long to be reunited with their loved ones?

[Maria Mourani, Bloc, Ahuntsic, QC]

Mr. Speaker, the second petition asks that a vote not be held in the House on Bill C-31 and that the government set the bill aside because it represents a step backwards for refugees and immigrants.

I am very pleased to present this petition, which is supported by a number of organizations, including the Carrefour communautaire de Rosemont, the Organisation populaire des droits sociaux de Montréal and CANA, an organization in my riding of which I am very proud.

Iran

[Jinny Sims, NDP, Newton—North Delta, BC]

Mr. Chair, it is my pleasure today to rise and speak on this important issue of human rights. After the graphic pictures painted by members on all sides of the House, there is absolutely no doubt in anybody's mind that Iran has serious human rights violations.

Recently I have been dealing with a different aspect of legislation, Bill C-31. When I was home over the weekend, I had the opportunity to meet with some of my constituents who told me the reason they chose Canada is because of our charter, our respect for human rights and our Constitution. They shared with me their worries about some of the proposed changes in Bill C-31, which I would call the punishing refugees act.

We know how terrible it is in Iran. Just imagine a group leaving Iran. Upon arrival on our shores they would be put in prison because they would be considered irregular arrivals. If they had children under 16 years of age, we would give them the choice of keeping their children with them or giving them over to provincial social services. That is not a choice I would want to make as a mother.

These people would have to wait 14 days, and that is only after the opposition and witnesses pushed, before their detention, which is in a prison, would be reviewed. Let us call it what it is. Then they would have another six months and then for five years--

Citizenship and Immigration

[David Tilson, Conservative, Dufferin—Caledon, ON]

Mr. Speaker, I have the honour to present, in both official languages, the third report of the Standing Committee on Citizenship and Immigration entitled 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.

Business of the House

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, our government's priority is, of course, the economy. We are committed to job creation and economic growth.

As a result, this afternoon we will continue debate on Bill C-38, the jobs, growth and long-term prosperity act. This bill implements the budget, Canada's economic action plan 2012, to ensure certainty for the economy.

For the benefit of Canadians and parliamentarians, when we introduced the bill, we said we would vote on it on May 14. The second reading vote on the jobs, growth and long-term prosperity act will be on May 14.

After tomorrow, which will be the final day of debate on this bill, we will have had the longest second reading debate on a budget bill in at least the last two decades.

On Monday and Tuesday we will continue with another bill that will support the Canadian economy and job creation, especially in the digital and creative sectors.

We will have report stage and third reading debate on Bill C-11, the Copyright Modernization Act.

This bill puts forth a balanced, common sense plan to modernize our copyright laws. Committees have met for over 60 hours and heard from almost 200 witnesses. All of this is in addition to the second reading debate on Bill C-11 of 10 sitting days.

After all that debate and study, it is time for the measures to be fully implemented so Canadians can take advantage of the updated rules and create new high-quality digital jobs.

Should the opposition agree that we have already had ample debate on Bill C-11, we will debate Bill C-25, the pooled registered pension plans act; Bill C-23, the Canada–Jordan free trade act; and Bill C-15, the strengthening military justice in the defence of Canada act in the remaining time on Monday and Tuesday.

Wednesday, May 16, will be the next allotted day.

On Thursday morning, May 17, we will debate the pooled registered pension plans act. This bill will help Canadians who are self-employed or who work for a small business to secure a stable retirement.

In the last election, we committed to Canadians that we would implement these plans as soon as possible. This is what Canadians voted for and this is what we will do.

If it has been reported back from committee, we will call Bill C-31, the protecting Canada's immigration system act, for report stage debate on Thursday afternoon.

Citizenship and Immigration

[Kellie Leitch, Conservative, Parliamentary Secretary to the Minister of Human Resources and Skills Development and to the Minister of Labour]

Mr. Speaker, I would like to thank the member for giving me the opportunity to speak on this important issue.

Let me be clear in outlining the circumstances that would lead to someone being detained when the person arrives in Canada. First, if officials suspect that someone is a criminal, has committed crimes against humanity, is a war criminal, or otherwise poses a threat to the safety and security of Canadians, that person will be detained.

Second, under Bill C-31, protecting Canada's immigration system act, anyone who arrives as part of a human smuggling event will be detained once that person arrives in Canada, except for anyone under the age of 16, who is exempt from detention. The reason is that they often do not have correct documentation.

It is important to also point out that the architects of the human smuggling events are also on the boats, among everyone else. Accordingly, it is important to detain these individuals until their identity is discovered and verified and their risk to the safety and security of Canadians is verified.

I think detaining foreign nationals for these reasons is what any responsible government would do. I know my constituents sleep better at night knowing that these people are detained and that our Conservative government takes the safety of their families seriously.

Unfortunately, I cannot say the same for the NDP. Surely the NDP is not saying that it wants these people to be let free into our communities, among our constituents and theirs, before we know if they pose a threat. The NDP claims it wants people to be released more quickly, but yet again the NDP has shown that it says one thing and does another.

Under Bill C-31, the refugee determination process will be streamlined, resulting in genuine refugees receiving Canada's protection more quickly while criminals and refugee claimants will be removed faster.

The current refugee determination process takes almost two years for the first hearing. Under Bill C-31, it will take only two to three months for a first hearing. This means that anyone who is detained as part of a human smuggling event and found not to be a risk will not have to wait two years to have their claim heard and be released. Instead, anyone who arrives and is found not to be risk and found to be a bona fide refugee will be released in a few short months.

In addition, in response to the concerns raised by this NDP member's colleagues and experts, our government has acted in good faith and agreed to provisions to add additional detention reviews to Bill C-31. This means even more opportunity for those who have come as part of a human smuggling event.

Unfortunately, the NDP has criticized these important amendments. Instead of working collaboratively and being practical, the NDP has decided to oppose and be ideological. This is very unfortunate, but it is not surprising, because the NDP has a habit of complaining; then, when the government acts to work with the NDP to fix a problem, the NDP does not support it.

I urge the member for take her own advice, work with our government to improve the detention provisions in Bill C-31 and support this very important piece of legislation.

[Rosane Doré Lefebvre, NDP, Alfred-Pellan, QC]

Mr. Speaker, on February 8, 2012, I rose in the House to ask the Minister of Citizenship, Immigration and Multiculturalism about the very worrisome situation at the Laval immigration holding centre, which is in my riding of Alfred-Pellan.

I was not satisfied with the answer and therefore I thank you for giving me the opportunity to again speak about this matter in the House today.

Things have happened since the last time we discussed this matter. In fact, Bill C-4, the subject of my question, has now been replaced by 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.

There are three immigration holding centres in Canada: one in Toronto, one in Vancouver and one in Laval, in my riding. Refugees who cannot prove their identity are incarcerated in this facility, which looks like a prison. In fact, in Laval, the centre is located in a former penitentiary. Detainees are put in chains when they are moved and they are separated from their families.

The centre tells the refugees that the process for verifying their identity will take just a few days, but some will spend weeks, even months, at a place that operates as a medium security prison. It is terrible because, contrary to what the government believes, newcomers and refugees are not criminals and should not be treated as such.

Studies show that such prison stays will have adverse psychological effects on these individuals. Newcomers in these refugee centres are not entitled to access to psychotherapists or consultations with social workers. In fact, individuals with behavioural problems or suicidal individuals are transferred to a maximum security prison or are simply separated from the others.

This brings me to a number of questions. Is this the federal government's roundabout way of limiting immigration and the number of refugees in Canada?

We are talking about individuals who have left everything behind in their country of origin, in order to find refuge and to emigrate to Canada, a welcoming and developed country. I would like the government to put itself in their shoes for a minute. It must be awful to leave one's country for safety reasons and arrive at a place thinking it will be a welcoming land, only to quickly realize that you are given the same status as a criminal.

Some people prefer to suffer and put up with the pain rather than go to a hospital in chains.

Allow me to ask you a question: is there an emotion that hurts more than physical pain? The answer, Mr. Speaker, is humiliation. No one should be humiliated. However, that is what happens to new immigrants in these immigration detention centres. That is simply unacceptable.

We have learned that the government plans to make cuts of $84.3 million, or 5.3%, by 2015, and that includes a 13.1% cut to the Immigration and Refugee Board. We wonder how the government plans to remedy this situation. Passing bills such as Bill C-31 and making these types of cuts will stretch immigration processing from a few months to several years.

Why is the government doing nothing to remedy this situation, which is unbearable for newcomers? When will the government get down to work and suggest some real solutions?

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

Mr. Speaker, the Standing Committee on Citizenship and Immigration has heard from dozens of witnesses in a very short period of time, because the Conservatives want to pass Bill C-31 very quickly, but the bill does not correspond to any of the fundamental principles of Canadian justice.

In fact, too much power is concentrated in the minister's hands. He even has the right to remove permanent residents who have been living here for years.

This bill will foster intolerance of refugees and xenophobia. Deport, control, remove, incarcerate: Conservatives like to use these terms. They do not hesitate to promote a bill that, according to the Canadian Bar Association and the Barreau du Québec, violates the Canadian Charter of Rights and Freedoms. This bill goes against too many of our principles.

I will leave the fearmongering up to them.

[Libby Davies, NDP, Vancouver East, BC]

Mr. Speaker, I am pleased to rise in the House today to present three petitions. The first petition concerns Bill C-31 on refugee reform.

The petitioners point out that there are serious concerns about the measures to curb human smuggling and that it would punish refugees, including mandatory detention for certain refugee claimants, along with unchecked ministerial powers to designate countries of origin, eliminating provisions for advice from independent experts.

The petitioners call for the legislation to be replaced with legislation that is fair, independent and in compliance with the Canadian Charter of Rights and Freedoms and Canada's international obligations.

Immigration

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

Mr. Speaker, if the NDP members would take a bit of time to read the budget, they would see exactly what the cost of the strategy would be moving forward with respect to this immigration policy.

More importantly, the immigration committee is spending six hours a day for the next number of days reviewing and determining the extent to which Bill C-31 would have a positive impact on this country.

I simply ask the NDP if it is willing to put its money where its mouth is, because it has not yet. If it wants to come forward with constructive amendments, if it wants to support the legislation that would work for this country and for the refugee system that we have, in fact, it should--

Citizen's Arrest and Self-defence Act

[James Bezan, Conservative, Selkirk—Interlake, MB]

Mr. Speaker, I rise on a point of order. I have been listening to the member talk on Bill C-26, which is about citizen's arrest, and he has been meandering all over the place, covering all sorts of different legislations and bills with which we were dealing. He talked about Bill C-31, which would improve the refugee act. Now he is talking about illegal handguns and border services. He is absolutely not talking about the subject at hand, Bill C-26, which would enhance citizens' protection.