Bill C-4 (Historical)

Preventing Human Smugglers from Abusing Canada's Immigration System Act

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

This enactment amends the Immigration and Refugee Protection Act to, among other things,
(a) authorize the Minister, in certain circumstances, to designate as an irregular arrival the arrival in Canada of a group of persons, the result of which is that some of the foreign nationals in the group become designated foreign nationals;
(b) authorize an officer or the Minister, as the case may be, to refuse to consider an application for permanent residence if the applicant has failed to comply with a condition of release or other requirement imposed on them;
(c) provide that a person may not become a permanent resident as long as an application by the Minister for cessation of that person’s refugee protection is pending;
(d) add, as grounds for the detention of a permanent resident or foreign national, the existence of reasonable grounds to suspect that the person concerned is inadmissible on grounds of serious criminality, criminality or organized criminality;
(e) provide that the Immigration Division must impose any prescribed conditions on the release of certain designated foreign nationals;
(f) provide for detention rules and a review procedure that are specific to the detention of certain designated foreign nationals;
(g) clarify the authority of the Governor in Council to make regulations in respect of conditions of release from detention;
(h) provide that certain designated foreign nationals may not apply to become permanent residents until the expiry of a certain period and that the processing of any pending applications for permanent residence is suspended for a certain period;
(i) require certain designated foreign nationals on whom refugee protection has been conferred to report to an officer;
(j) authorize the Governor in Council to make regulations respecting the reporting requirements imposed on certain designated foreign nationals;
(k) provide that the offence of human smuggling is committed when a person organizes the coming into Canada of another person and knows, or is reckless as to whether, the entry into Canada is or would be in contravention of the Act;
(l) provide for minimum punishments for the offence of human smuggling in certain circumstances;
(m) in respect of the determination of the penalty to be imposed for certain offences, add as an aggravating factor the endangerment of the life or safety of any person as a result of the commission of the offence;
(n) change the definition of “criminal organization” in Part 3 to give it the same meaning as in subsection 467.1(1) of the Criminal Code; and
(o) extend the time for instituting proceedings by way of summary conviction from six months to five years or from six months to 10 years, as the case may be.
The enactment also amends the Balanced Refugee Reform Act to provide that a refugee protection claimant whose claim is rejected is not prevented from applying for protection earlier than 12 months after the day on which the claim is rejected, if it is rejected as a result of a vacation of the initial decision to allow the claim.
The enactment also amends the Marine Transportation Security Act to increase the penalties for persons who fail to provide information 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 for vessels that fail to comply with ministerial directions. It also amends the Act to authorize regulations respecting the disclosure of certain information for the purpose of protecting the safety or security of Canada or Canadians.

Preventing Human Smugglers from Abusing Canada's Immigration System Act

[The Deputy Speaker, Denise Savoie]

At this point, the time for 20 minute speeches has elapsed and we will revert to 10 minute speeches and 5 minutes for questions and comments.

The hon. member for Westlock—St. Paul.

[Brian Storseth, Conservative, Westlock—St. Paul, AB]

Madam Speaker, it is a pleasure to be back in the House and to see you in the chair once again.

Before I start my comments, I want to say that it has always been a Conservative government, whenever in power, that has led the way in welcoming immigrants and helping bring them into our society and country, and breaking colour barriers when it has come to the first members of Parliament of different origins. We in this Conservative government are proud of our history when it comes to this, and we stand by that history.

It is my great pleasure to stand in the House today in support of this important piece of legislation. I have listened with great interest to the debate in the House today over the Preventing Human Smugglers from Abusing Canada's Immigration System Act.

However, the conversation has not been confined to the House, and nor should it be. This is an issue that has sparked much interest and discussion among Canadians and our global allies and partners. Last summer, it was one of the predominant issues in my riding.

Hon. members have heard much about this legislation over the course of these debates and they have had much to say about it. But it is important to take a step back, get past the rhetoric and fear-mongering and remind ourselves of the seriousness of this crime and why we must take measures to address it.

The United Nations defines human smuggling, or migrant smuggling, in the following way:

The procurement, in order to obtain, directly or indirectly, a financial or other material benefit, of the illegal entry of a person into a State Party of which the person is not a national or a permanent resident.

Simply put, it is the act of bringing people illegally from one nation to another for profit, often in the holds of ships or cramped containers.

Most disturbing is the fact that no one fully knows accurately the number of people who are smuggled each and every year. The data are scattered and incomplete. There are some things, however, that we do know.

We know there are intricate networks of human smugglers around the globe willing and able to help migrants evade national border controls, migration regulations and visa requirements. They do not do this out of the kindness of their hearts or out of a desire to help these individuals; human smugglers do their work in the name of profit and greed.

We know that human smuggling is a highly profitable business with a fairly low risk of detection and punishment. That makes it increasingly attractive to organized criminal syndicates that work transnationally, across borders and regions.

One of the great attractions to this type of crime is its low overhead costs, with no regulations or safeguards necessary to ensure the safety of the migrants who are smuggled. The more profit these smugglers make, the more brazen they become and the more risks they are willing to take with the lives of their passengers.

We also know that human smugglers are very opportunistic and flexible. They constantly change their routes and their methods to avoid capture.

Most important, we know that this problem can only be addressed with a coordinated, multifaceted approach among our global allies and partners. This is why Canada, along with more than 100 other countries, is signatory to various international conventions and protocols that condemn human smuggling and aim to protect legitimate asylum seekers.

Human smuggling is a problem that affects virtually every nation in the world, either as a country of origin, transit or destination.

Until a few years ago, most Canadians were either unaware of this criminal activity or perhaps believed that it was a crime that happened far away from our borders. That was until we received a sobering wake-up call when two vessels arrived on our west coast within a year of each other. The MV Ocean Lady arrived in 2009 carrying 76 immigrants. The MV Sun Sea arrived less than a year later carrying almost 500 migrants.

The reaction of most Canadians was swift. In an Angus Reid poll shortly after the MV Sun Sea arrived, almost half of the Canadians surveyed said they believed that all passengers and crew should be deported, even if they were found to have no links to terrorism. That is a telling number and, quite frankly, one we cannot ignore.

Does this mean that Canadians have suddenly become intolerant or hateful toward immigrants? Not at all. Canadians are proud of our welcoming and diverse multicultural society. What Canadians are telling us, however, is that they are outraged that human smuggling syndicates are exploiting Canada's fair and generous immigration system to make a quick profit. They share our government's grave concerns that Canada will continue to be a magnet for these irregular arrivals unless we do something now. These concerns are not unfounded.

We continue to hear stories of possible ships headed to Canada. As recently as July, we learned that Indonesian authorities had stopped a ship filled with migrants that may have been destined for our shores.

There is no time to waste. We must send a clear message to these human smugglers that Canada will not tolerate their abusing our immigration system. Furthermore, we will not tolerate the threat that human smuggling poses to our national security. It can be very difficult to establish the identities of smuggled migrants, many of whom come with no documentation whatsoever.

When faced with facts, it is clear that the Preventing Human Smugglers from Abusing Canada's Immigration System Act cannot come soon enough. With this legislation we are taking firm, reasonable actions to defend the integrity of our borders, protect our immigration and refugee system from abuse, and prosecute human smugglers to the fullest extent of the law.

This legislation will strengthen our legal response to irregular arrivals in several crucial respects. It will give our immigration and law enforcement officials more time to identify and investigate individuals who are part of an irregular arrival. We believe that mandatory detention for up to one year is necessary and reasonable to allow for a thorough investigation of individuals who decide to arrive en masse.

This legislation will also enhance the ability of law enforcement officials to identify and engage human smuggling ventures. This includes establishing minimum jail sentences for convicted smugglers and extending the time period under which these offenders can and will be prosecuted. It will allow us to hit smugglers where they feel it most, in their pocketbooks. For example, it would amend the Marine Transportation Security Act to increase the penalties for owners and operators of vessels who fail to provide passenger information before entering Canadian waters; who refuse to comply with a ministerial direction to leave or not enter Canadian waters; or who provide false or misleading information to Canadian officials. Stiffer consequences, stiffer fines and stiffer sentences will send a message to human smugglers that we will not sit idly while they target our borders and our country, whether by sea, land, or air.

In fact, our work does not begin and end with our own borders. We are working closely with our international partners to prevent these criminal ventures from departing for Canada.

This legislation sends a clear message, that Canada is a fair and generous and welcoming country for those who want to work for a better life, but there are legal and legitimate ways that must be followed to do so. These measures will substantially enhance our ability to crack down on those who engage in human smuggling, and these respect our international obligations and commitments to provide assistance and sanctuary for those refugees who need our protection and help to start a better life.

Our government will continue to push ahead with our goal of passing this important bill to ensure the security and safety of Canadians, and to protect the rights of refugees who are following the proper legal steps to make Canada their home.

I call on all hon. members to support swift passage of this legislation.

[Jamie Nicholls, NDP, Vaudreuil—Soulanges, QC]

Madam Speaker, does the member opposite actually believe that human smugglers will read Hansard and Canadian legislation before collecting money from desperate people who are fleeing strife and war-torn countries and persecution? What measures does this legislation take to prevent the actual smugglers working overseas? What can Canada do to get the smugglers who are overseas collecting the money in other countries?

[Brian Storseth, Conservative, Westlock—St. Paul, AB]

Madam Speaker, as I said in my speech, this is about profit, this is about greed, this is about the selfishness of these human smugglers. Of course, they are going to go to places where they have the best chance of abusing the system.

This legislation is about fairness, it is about reasonableness, it is about making sure that Canada is not used as a doormat and a target for these human smugglers.

Of course, they are going to go to where it is most profitable for themselves, and this legislation helps make Canada not one of those targeted countries.

[Denis Coderre, Liberal, Bourassa, QC]

Madam Speaker, as a former immigration minister, I look at my colleagues across the way and I feel like the Tea Party is a watered-down version of them, considering what they are trying to pass here today. It is appalling that anyone would try to label people who are already victims.

First of all, the extraterritoriality of this bill cannot even be enforced. If the goal is prevention, we should enter into an international treaty, which would allow all countries to attack the vultures directly and would avoid labelling these would-be refugees.

My question is very, very simple. Can the member tell me if the government sought a legal opinion that confirms that this bill is not unconstitutional?

[Brian Storseth, Conservative, Westlock—St. Paul, AB]

Madam Speaker, in fact, Canada is working with over 100 other countries to ensure not only that Canada is not a target but also that certain other countries are not destination points, and to help other countries that are origin points. It is important that we take a global, holistic approach to this to make sure that we do the right thing.

My hon. colleague across the way was the Liberal Party's lieutenant in Quebec during that party's decline in the last several years in the province. I am surprised that he does not realize the position of the people of Quebec and the people Canada when it comes to this reasonable and fair approach to refugees and asylum seekers.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Madam Speaker, could the government member opposite provide any empirical evidence for the repeated claim that Canada is being targeted? Most refugees around the world seek asylum in other countries of the developing world and Canada receives a very small proportion of the world's refugees.

[Brian Storseth, Conservative, Westlock—St. Paul, AB]

Madam Speaker, I am disappointed that her question was so brief.

I do not know about empirical evidence, but I have seen the pictures and can point to the ships that we have confiscated and that are sitting in Canadian harbours and show that Canada is in fact a target for those in other countries.

[Matthew Dubé, NDP, Chambly—Borduas, QC]

Madam Speaker, I would like to quickly come back to a comment made by my colleague across the floor. He said that human trafficking presents a minimal risk. This raises the question as to why they are introducing even more arbitrary and draconian bills, when instead we could be enforcing existing measures better to end human trafficking, without penalizing refugees.

[Brian Storseth, Conservative, Westlock—St. Paul, AB]

Madam Speaker, I can assure everyone that I did not say that human smuggling was minimal, nor did I in any way mitigate the importance of this piece of legislation.

I understand that the hon. member may not have been in the chamber representing constituents last summer when this was such a huge issue across the country.

I believe the approach that the Government of Canada is taking is a fair, reasonable and tough action to prevent abuse of Canada's immigration system by human smugglers.

We had a strong mandate given to us in May of this year to take action such as this, and I can say that constituents in my riding were appalled at the games that the NDP and Liberal Party played in the last Parliament on this legislation. It is time to take real steps to get something done on this.

[Joyce Murray, Liberal, Vancouver Quadra, BC]

Madam Speaker, I am pleased to be part of the debate on Bill C-4, for which, in the spirit of my colleague for Saanich—Gulf Islands, I propose the short title to be “the refugee punishment act”.

I would start by posing the context for the bill. It is not coming forward from the Conservative government in isolation. It is part of a larger movement that the Conservative government is promoting to create a more punitive society in Canada. It is this movement that so many Canadians are unhappy with, and the reason the vast majority of Canadians did not vote for the Conservative government.

To put it in perspective, Canada has a long and proud history of making itself a better country and of governments being in the lead. We had governments that were committed to Canada having a just society, a society in which people had equal opportunity and where human rights and individual rights were respected no matter what corner of Canada a person came from.

We have also had a movement towards an inclusive society, one whereby Canada was part of the international family of nations and a country that would welcome people from other countries who wanted to come to Canada to build their lives and succeed and contribute to Canada. The idea of an inclusive society also incorporated Canada's acceptance of a share of the most vulnerable refugees from other countries.

The Liberals have a movement towards a sustainable society. That is one through which we leave Canada in as good a shape as it was, or better, environmentally as well as socially and economically.

These are important movements that government provides leadership on. They create the character of Canada, the nation we are so proud of and a nation the rest of the world respects.

I see a Conservative government across the aisle moving towards a punitive society, a society based on raising fears, anger and resentment among its people. It is one based on pitting one group against another in fear or resentment. We have seen any number of initiatives that are slowly building the platform for a more punitive society, and I am sad about that. I regret that Canada is going backwards with this movement towards a more punitive society, and that is what the bill is all about.

Yesterday the immigration minister summed up what the bill was about. He said it was about a disincentive for smuggling. What does a disincentive for smuggling mean with the way the bill is laid out?

It does not mean working with the international community to prevent smuggling. It does not mean identifying who is profiting from it and working to stop them from exploiting refugees. No, the disincentive would be punishing the victims so harshly that refugees would think twice about Canada being a safe harbour in their time of greatest need. That is not the Canada we want to create.

We recognize the mistakes that Canada has made in the past. One example was the horrible breach of humanity in turning away the St. Louis and its German-Jewish refugees. That is a recognition that we are a Canada that has a humanitarian responsibility towards refugees. However, this bill is about punishing refugees as a disincentive to smugglers, and I take great exception to that approach to public policy in our country.

I join the Liberal Party and other members in wanting a government that would hit hard against those who profit from human misery, terrorism, exploitation and those who would take the most vulnerable in their time of need and make money from it.

Of course we want to crack down on that. Of course we want to protect Canadians from unscrupulous smugglers. However, this bill is not one that does that.

Already provisions exist against smugglers, and no further resources are provided by the bill to actually put into effect the provisions we have in our laws to impose life imprisonment or huge fines on those who are caught smuggling.

The bill is not an effective way to accomplish the objective of cracking down on smuggling. The bill is about punishing refugees. Unfortunately, in its process and content, it feeds cynicism, it is sowing conflict and it undermines compassion for human beings at the most vulnerable times in their lives.

The Liberals support pragmatic evidence-based solutions to human smuggling. We certainly do not support this re-victimization of the refugees by punishing the most vulnerable.

I want to talk about my assertion that the bill feeds cynicism. Several members have quoted polls showing that Canadians would just as soon turn back boats like the Sun Sea and the ones that came to the shores of British Columbia a year ago or two years ago. They would just as soon turn them back.

How cynical, because it is the government's own comments that stoked the fears, the anger and the resentment that were then reflected in the polls. The comments of the Prime Minister and the immigration minister linked refugees fleeing for their lives to terrorism and to illegitimacy. It was those kinds of comments that the polls were reflecting. To stoke those fears, then poll the public, and then use the results to justify this bill to punish refugees is just the highest political cynicism that one can imagine.

The bill did not see a public consultation. Were the various parties involved in thinking about how we can actually crack down on smuggling? There was no consultation, because this is a bill to gain political advantage by stoking fear, anger and resentment among Canadians. That is what the bill is all about, so why would the government consult on it? Making people afraid, coming up with a supposed solution, and then garnering some votes is the height of cynicism, and the Conservative government specializes in it.

Because of the absence of public consultation, the bill is unlikely to survive the charter challenge. That is because it creates two classes of refugees and because it likely flouts international law, but that is not an impediment to the members opposite, because they will use this as part of that larger platform toward a punishment agenda, a punitive society based on fear.

Canadians deserve better than that. They deserve thoughtful public policy that really goes to the root of the problem and genuinely attempts to improve Canadians' lives through public policy that shows leadership, not just petty partisanship.

The bill also sows conflict, and I think we saw that in a number of the speeches in which the members of the Conservative Party talked about illegitimate refugees. What is an illegitimate refugee? A refugee is a refugee, and when refugees come to Canada's shores, we have mechanisms to determine whether they are here to exploit Canada or whether they are people fleeing for their lives. We have mechanisms for that, so to brand all of the refugees that come on a boat as illegitimate is just part of the landscape of the punitive agenda. It stokes resentment among Canadians and creates two classes of refugees, which is completely unacceptable.

The bill refuses to consider the application of the second class of refugees for permanent residence. It has greater political interference in considering the applications. In the bill men, women and children would all be sent to mandatory detention for no reason for 12 months. They would have to wait five years before even applying for permanent residency status. They are restricted from leaving Canada during that time. Worst of all, after five years they would risk being sent away because someone might assess their country as not being sufficiently dangerous.

We have seen tragic--

[The Deputy Speaker, Denise Savoie]

Order, please.

Questions and comments.

The hon. member for Cariboo—Prince George.

[Dick Harris, Conservative, Cariboo—Prince George, BC]

Madam Speaker, I listened to the member's comments. What she is not realizing is that the reason that Canadians elected a strong, stable Conservative government is because we talked about fighting organized crime and terrorism, either within or outside our own borders. This is one of the measures that we talked about, and now we are putting it into force.

Members incorrectly state that we are punishing refugees. They know that is not true, but they need to have some sort of a basis to talk about. They do not want to talk about punishing the criminals, as we are going to do.

I want the member opposite to please explain why her party and the NDP are dead set on allowing criminal organizations to abuse Canadian generosity for financial gain. Would she answer that question, please?

[Joyce Murray, Liberal, Vancouver Quadra, BC]

Madam Speaker, before I answer that, I would like to ask the member opposite whether he has met a Tamil refugee and looked in the face of a mother with children who was part of a group being discriminated against in their own country for years, a country where 10,000 citizens of their community were murdered just before the end of the civil war and whose community may have been among those where two and a half million of their citizens were displaced during the tsunami of 2004 and forced to fend for themselves in a hostile political climate. Has the member met one of those Tamils, looked the person in the face and said that by punishing you refugees, we think we will be able to prevent smuggling?

[Jamie Nicholls, NDP, Vaudreuil—Soulanges, QC]

Mr. Speaker, I would like to ask the member if she would elaborate on how this legislation would violate our Canadian Charter of Rights and Freedoms.