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 bill is from the 41st Parliament, 1st session, which ended in September 2013.

Sponsor

Vic Toews  Conservative

Status

Second reading (House), as of Oct. 3, 2011
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

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.

Similar bills

C-31 (41st Parliament, 1st session) Law Protecting Canada's Immigration System Act
C-49 (40th Parliament, 3rd session) Preventing Human Smugglers from Abusing Canada's Immigration System Act

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-4s:

C-4 (2021) Law An Act to amend the Criminal Code (conversion therapy)
C-4 (2020) Law COVID-19 Response Measures Act
C-4 (2020) Law Canada–United States–Mexico Agreement Implementation Act
C-4 (2016) Law An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act
C-4 (2013) Law Economic Action Plan 2013 Act No. 2
C-4 (2010) Sébastien's Law (Protecting the Public from Violent Young Offenders)

Preventing Human Smugglers from Abusing Canada's Immigration System ActGovernment Orders

September 20th, 2011 / 4:20 p.m.

NDP

Charmaine Borg NDP Terrebonne—Blainville, QC

Mr. Speaker, the Conservative government is very proud of the gains it made in the May election. It says that it received a clear mandate from Canadians to fight crimes like trafficking in refugees. In fact, I feel that they sent Canadians a message of deceit. In Quebec, they decided to mount a campaign of fear in order to convince voters that refugees are a threat to our country's security. I was very sad when I saw a number of advertisements that tried to make Canadians afraid of refugees.

Today, I am trying to make it clear who these refugees are. This government is too wrapped up in its success to understand the refugees' real story. They are women, children, the elderly, victims of civil war, rape and natural disasters. These refugees are not criminals and it is a disgrace that this government is making them out to be criminals.

The real criminals did not appear in the Conservatives' advertisements and they are not among those who will be detained under this bill. This government is deceiving Canadians in order to get an unfair bill passed. Bill C-4 will create problems, it will not put a stop to the problem of smuggling. The greatest problem with this bill is that it was introduced to solve the problem of smuggling, but it will really do little to solve it.

Instead, this bill attacks the victims. It will allow the authorities to detain refugees for up to a year. That means that all refugees who arrive in Canada by irregular means, be they children, women, victims of rape or civil war, will automatically be detained. It should also be added that the definition of the term “irregular arrival“ is too vague.

I repeat: this government wants to detain children who have probably already undergone horrific experiences to an extent I cannot even imagine. Does this government understand the effect that a year in a detention centre could have on a child? Is the government ready to take responsibility for that? It appears so.

Based on the speeches I heard yesterday, the government is claiming it wants to protect refugees from things like leaky boats and immigration fees that are too high. If it really wanted to protect refugees, it would never pass a bill that would put children in prison and discourage refugees from escaping to a safe country like ours.

So I find it ironic that the government is ready to invest resources and money to help people in war-torn countries, yet it is not ready to accept and help refugees from those very same countries. I have already pointed out some of the problems with the bill, but there are also others.

This bill is going to divide refugees into two categories: “normal” refugees and refugees with an “irregular arrival”. This division contravenes section 15 of the Canadian Charter of Rights and Freedoms, since the two refugee categories are not going to be equal before and under the law. We have a government that introduces unconstitutional bills, without due consideration. What a disgrace.

Another measure that not only attacks smuggling victims, but also all refugees, provides that all refugees have to wait five years before they can apply for permanent residence. Instead of penalizing the smugglers, this government is going to take away the rights of refugees to bring their families here or even to have their families visit. Picture a two-year-old who will not be seeing his or her parents for five years. It seems that that is what the government would like to see with this bill.

The Minister of Immigration explained yesterday that the government is trying to address the smuggling issue with this bill. He said that it is wrong that victims of conflict in unsafe countries have to pay thousands of dollars to escape.

If this government truly wanted to correct the situation, it would consider other options such as improving the bill previously passed in the House or focusing its efforts on attacking those who are creating the problem, namely the smugglers themselves and not the victims. But this bill could potentially increase the number of illegal refugees, since refugees will no longer have the right to bring their family here in a legal manner. It should be noted that this is what happened in Australia.

I have underscored the many negative aspects of this bill, as my colleagues have over the past couple of days. It is time for the government to stop playing political games with this bill and start considering alternatives that will provide real solutions to the problem of smugglers without penalizing the victims.

We are lucky to live in a democratic country where we do not live in fear. What sort of example will we be setting for the international community if our country welcomes refugees by taking away their fundamental rights and freedoms? Our welcome should not cost them a year in a detention centre.

Preventing Human Smugglers from Abusing Canada's Immigration System ActGovernment Orders

September 20th, 2011 / 4:25 p.m.

NDP

Brian Masse NDP Windsor West, ON

Mr. Speaker, I am glad my colleague finished with an interesting point with regard to the detainment for a year. I would like to get her perspective on something I have been thinking about during this process. In the detainments we have seen with Sri Lanka, we will have the families that are detained.

Those detained families are going to have experiences that are not going to be very positive. If they are going to be pushed back into Canadian society or later become immigrants, or if they are sent back abroad, what are the government's responsibilities going to be? Then there are the costs of meeting those responsibilities, as people are potentially going to be locked up for a year. We are not talking about a couple of nights here and there.

We are talking about legislation that identifies that the government would have the right to keep large numbers of people in place for a full year. There is going to be a processing time for that, but obviously the government has decided it is more important to have large numbers of people locked up than it is to try to process refugees more quickly so that they could either move on to their Canadian citizenship application or, alternatively, be sent back home.

I would ask for my colleague's comments on that aspect.

Preventing Human Smugglers from Abusing Canada's Immigration System ActGovernment Orders

September 20th, 2011 / 4:25 p.m.

NDP

Charmaine Borg NDP Terrebonne—Blainville, QC

Mr. Speaker, I want to thank the hon. member for his question.

It is true that staying in a detention centre for a year can have a very negative impact. Detainment can cause psychological problems. I hope the government will be prepared to take responsibility for that. When these people get permanent resident status, they will come back into our society. We want them to be happy with our society, to prosper and to contribute to the economy. Staying in a detention centre for a year is going to hurt the refugees' ability to integrate into our society when they obtain permanent resident status.

Preventing Human Smugglers from Abusing Canada's Immigration System ActGovernment Orders

September 20th, 2011 / 4:25 p.m.

Conservative

Wladyslaw Lizon Conservative Mississauga East—Cooksville, ON

Mr. Speaker, victims of conflicts or natural disasters are helped by international relief organizations such as the United Nations. Canada is fulfilling its obligations as a member of the international community and accepts a high number of refugees every year.

Does the hon. member suggest that our country should have no limits on the number of refugees coming here every year?

Preventing Human Smugglers from Abusing Canada's Immigration System ActGovernment Orders

September 20th, 2011 / 4:25 p.m.

NDP

Charmaine Borg NDP Terrebonne—Blainville, QC

Mr. Speaker, I want to thank the hon. member for his question. That being said, that is not the point. It is not a question of numbers. We live in a democratic country. If people are prepared to flee by ship—and perhaps not the safest one in the world—to come to Canada, then they should be given a chance. They should not be held in a detention centre. That is the crux of the debate here.

Preventing Human Smugglers from Abusing Canada's Immigration System ActGovernment Orders

September 20th, 2011 / 4:25 p.m.

NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, I listened with great interest to our colleague's speech. On this side of the House, we can see that the Conservatives keep playing the division game. With this bill, we see that the minister has all of the authority, all of the control to determine who is telling the truth and who is not.

Is the member worried about the minister's expanded powers, given that this government has played so many political games in this area?

Preventing Human Smugglers from Abusing Canada's Immigration System ActGovernment Orders

September 20th, 2011 / 4:30 p.m.

NDP

Charmaine Borg NDP Terrebonne—Blainville, QC

Mr. Speaker, I would once again like to thank my colleague for his question.

I find this arbitrary government power troubling, especially because we have issues in Canada, although they are not across the board. Where is the oversight process? A mechanism has not really been implemented to watch the government and oversee what it is doing. That is very troubling, and I appreciate the question.

Preventing Human Smugglers from Abusing Canada's Immigration System ActGovernment Orders

September 20th, 2011 / 4:30 p.m.

The Acting Speaker Bruce Stanton

Before we resume debate on the question, it is my duty, pursuant to Standing Order 38, to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Portneuf—Jacques-Cartier, National Defence; the hon. member for Vancouver Kingsway, Citizenship and Immigration; and the hon. member for Halifax, the Oil and Gas Industry.

Resuming debate, the hon. member for Davenport.

Preventing Human Smugglers from Abusing Canada's Immigration System ActGovernment Orders

September 20th, 2011 / 4:30 p.m.

NDP

Andrew Cash NDP Davenport, ON

Mr. Speaker, our party, as many of my colleagues have eloquently said, does not believe that Bill C-4, as it stands right now, would come close to dealing with the issue of human trafficking.

We have many refugees living in my riding of Davenport. We have advocates on their behalf. I have met with these people, with these refugees' advocates, and they tell me we are dealing with very vulnerable people who are themselves victims of crime.

I have also sat down with members of the business community. These are self-employed small business people, such as roofers and people in the building trades. They follow the letter of the law, and yet they are competing with unscrupulous criminals who are running other kinds of construction and roofing companies and employing groups of individuals who may or may not be themselves victims of human trafficking, although we cannot determine that, and their ability to compete on a level playing field is thus severely compromised.

They come to my office and speak both of frustration about their own business and about a severe and intense concern for these groups of people they see working in very unregulated work environments with no oversight, with no rights, with no recourse, but with fear for themselves and fear for their families. There is nothing in this bill that would address these very serious issues in communities right across the country.

In fact, the incidence of prosecution for human trafficking is very low. In Ontario, up to 2010 there have only been a handful of prosecutions. In fact, in Toronto itself there have been no prosecutions. There are reasons for that, but those reasons are not addressed in this bill.

Many of our good people in law enforcement and in prosecution see evidence of human trafficking, but it blurs with other kinds of crimes that they are unfortunately much more used to seeing and much more able to prosecute, such as living off the avails of prostitution.

We are saying that the bill does not address the issues of the actual criminals in this situation, but would in fact punish the victims. This seems bizarre to us.

The bill came up in the last Parliament and was roundly rejected by the majority of parliamentarians and the majority of Canadians. The majority of Canadians did not vote for the current government, and the majority of Canadians still reject the bill as it stands today.

I want to remind the House that there was a time many years ago, in an economic downturn, when we accepted a staggering number of refugees. In fact, the largest single group of refugees in our history was accepted in the late 1970s and early 1980s. In 1979 to 1980 we welcomed, as we should, 50,000 to 60,000 Vietnamese refugees, whom we then called “boat people”.

My eldest son's best friend in grade school was the son of a Vietnamese boat person who, when he finally got off that boat, arrived in Canada with absolutely nothing. Today he has a successful small business, owns a home, has a full-time job and has children who no doubt are going to contribute in staggeringly positive ways to our country.

This is the great Canadian legacy of which we should be proud. This is what Canadians expect from their federal government and the kind of leadership that Canadians expect Canada to display to the world. Instead, we see a draconian measure that does not give law enforcement agencies the tools they need to adequately prosecute human traffickers, the criminals in this case.

My riding has refugees and children of refugees. I have no doubt that those families, if given the right kind of attention and support, will become exemplary members of the Canadian family. There is nothing at all in the bill that addresses this issue.

On the issue of the Vietnamese boat people, studies were done which tracked our friends in the Vietnamese community who came in 1979. They found that within 10 years the unemployment rate among the Vietnamese boat people was 2.3% lower than the average unemployment rate at the time for Canada. One in five had started businesses and 99% of them had successfully applied to become Canadian citizens and, by and large, a much lower than average number had to avail themselves of Canada's social safety net. This is the kind of success that compassion brings. This is the kind of success on which Canada has been built. This is the kind of success that we on this side of the aisle believe we should proudly trumpet to the world.

As I said, Canada has a very low rate of conviction for human smuggling. This low conviction rate is due to many factors. The police and RCMP need the tools to deal with this issue effectively. We do not see this in the bill. The bill does not deal with the issue. These are immigration issues, but the government seems to think they are public safety issues. The Conservatives are playing politics with refugees.

We can talk about refugees in sort of a general way, but my riding has refugees who want to contribute to Canadian society. They are here because where they were was a place that they could no longer be, a place they had to flee. Canada has always been a country that welcomed and provided support to those in our world who were terrorized, brutalized and abandoned. That is the kind of Canada the party on this side of the aisle believes in and that is why we in the NDP are very opposed to the bill.

Preventing Human Smugglers from Abusing Canada's Immigration System ActGovernment Orders

September 20th, 2011 / 4:40 p.m.

Conservative

Kyle Seeback Conservative Brampton West, ON

Mr. Speaker, after listening to the members opposite today, we are talking about irregular migrants. We are not talking about the refugee system. Canada has the most generous refugee system in the world. Nearly one in ten of global refugees resettle in Canada. Nothing is going to change that with this legislation. We are dealing with irregular migrants and we are putting a system in place to try to deal with that issue.

Members opposite are trying to tarnish Canada's reputation internationally by saying we have become cold-hearted. They are playing the politics of fear and smear and I really wish they would stop.

Preventing Human Smugglers from Abusing Canada's Immigration System ActGovernment Orders

September 20th, 2011 / 4:40 p.m.

NDP

Andrew Cash NDP Davenport, ON

Mr. Speaker, I listened carefully to the member opposite and struggled to find a question, but I will answer a question that I think he might have asked.

Concern for Canada's international reputation has already been sullied by the reputation of the government. Canada has always stood for a compassionate ethos with regard to refugees. I am sorry, but we in the NDP do not see that reflected in the bill.

Preventing Human Smugglers from Abusing Canada's Immigration System ActGovernment Orders

September 20th, 2011 / 4:40 p.m.

NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, I am pleased to have a chance to ask a question because I have been following this debate as well.

In my hand I have a list of organizations that are opposed to Bill C-4. Some 80 civil society organizations dealing with immigration and refugee issues across the country, legal groups, church groups and a wide variety people have all come out opposed to the legislation.

Is the member familiar with any list that the Conservatives might have that would show some support from civil society, from the people who work in this field, on this legislation, so we could have a balance where we could see that the Conservative government is reaching out to society to try to determine what society thinks of its legislation?

Here is the list of the organizations that do not support it. Has the member heard of another list that shows civil society support?

Preventing Human Smugglers from Abusing Canada's Immigration System ActGovernment Orders

September 20th, 2011 / 4:40 p.m.

NDP

Andrew Cash NDP Davenport, ON

Mr. Speaker, we cannot find civil society groups that back this legislation. In fact, in Toronto there are advocates and advocacy groups for those who are refugees and victims of human trafficking. None of them have been consulted in the crafting of this legislation. I would ask the government this. How come?

Preventing Human Smugglers from Abusing Canada's Immigration System ActGovernment Orders

September 20th, 2011 / 4:40 p.m.

Conservative

Mark Strahl Conservative Chilliwack—Fraser Canyon, BC

Mr. Speaker, I can tell members opposite who supports the bill. It is average ordinary Canadians who have asked us to take action against human smuggling. The bill is about that. It is not about the overall refugee program, which, under the minister and this government, has accepted more refugees than in the history of our country.

I have listened for a couple of days and there does not seem to be a focus on human smuggling. There is talk about children and families. These people are being thrown into the holds of rusty boats by profiteers. We want to discourage them from using those services and crack down on human smugglers. Why will the opposition not join us?

Preventing Human Smugglers from Abusing Canada's Immigration System ActGovernment Orders

September 20th, 2011 / 4:40 p.m.

NDP

Andrew Cash NDP Davenport, ON

Mr. Speaker, the reason we will not join the member is because the bill does not actually crack down on human smuggling. The legislation does nothing to dissuade human traffickers from plying their trade.

Also, the refugee of today is the average Canadian of tomorrow and that is who we should be thinking about here. The legislation does not support those people.