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 Speaker, Andrew Scheer]

There will be two and a half minutes left for questions and comments after question period, but now we will move on to statements by members.

The House resumed consideration of the motion that Bill C-4, An Act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act and the Marine Transportation Security Act, be read the second time and referred to a committee, and of the amendment.

[The Speaker, Andrew Scheer]

When we were debating this before statements by members, the hon. member for Brossard—La Prairie had two and a half minutes left for questions and comments.

I will recognize the hon. member for Sackville—Eastern Shore.

[Peter Stoffer, NDP, Sackville—Eastern Shore, NS]

Mr. Speaker, I want to congratulate my colleague on his election. I suspect he is going to have a long and very productive career as a member of Parliament representing his riding.

The member's parents immigrated to this country and so did I. We want to make sure that all people who seek refuge or opportunities in Canada have an equal and fair opportunity to help build the mosaic of this country that we love so much.

Could he please elaborate ever so slightly on some of the pitfalls of Bill C-4 and where some legitimate refugees may not ever have that opportunity to call Canada home?

[Hoang Mai, NDP, Brossard—La Prairie, QC]

Mr. Speaker, I would like to thank my hon. colleague for his question and for his wise guidance since I came to this House.

The effect for refugees is humongous. Refugees come to Canada in order to seek a new life. They want to flee from persecution. When they come here we put them in a category where they almost have to go to jail. That is how we welcome those refugees. It is not acceptable. It goes against what Canada stands for in terms of opening the door to people who want to come here.

We have seen in the past how immigrants have helped Canada move forward. My parents came from Vietnam. I have friends and family members who have come to Canada by boat. They would be directly attacked by this bill. It really goes against what Canada stands for.

[Frank Valeriote, Liberal, Guelph, ON]

Mr. Speaker, since Confederation and leading up to it, Canada has served as a land of opportunity and hope for generations of immigrants who, from every corner of the globe, seek a better life for themselves and have even greater aspirations for their children.

Together, new Canadians and long-time citizens have worked co-operatively to build communities and to build a country that is second to none, and is a model for the world. Canada's distinction, uniqueness, strength and success are drawn in part from the cultural wealth arising from the diversity of all of its citizens.

It is from that strength we have built a country that is indeed immeasurably greater than any particular region, province, culture or group within it. Just as the measure of a person is how he or she treats others around him or her, stranger or not, fundamentally the measure of a country is how it deals with those men and women who seek refuge from poverty and violence, persecution and oppression, who arrive on its shores.

As parliamentarians it falls on us to make the rules that determine how these men, women and children are received. As a parliamentarian, it does well to be reminded that there are episodes in our past where we approached those seeking refuge in a manner that was misguided and wrong.

Incidents like the Komagata Maru in 1914 and the SS St. Louis during the Second World War resulted in refugees being forced to return to an almost certain persecution, and in far too many cases, death. Generations before them, we dealt poorly with the Chinese, imposing a head tax and then an outright ban on immigration, which was only lifted in 1947.

It is incumbent upon us to not make the same mistakes that generations of lawmakers before us made. That is why the legislation before us demands serious reconsideration.

The bill, despite its stated intention to cut down on human smugglers, fails to do so, and instead targets legitimate refugee claimants. The mechanism exists already under the Immigration and Refugee Protection Act to penalize an individual found to be engaged in human smuggling. As it stands, a human smuggler faces up to $1 million in fines and a maximum of life imprisonment for smuggling more than 10 people into Canada. Yet earlier this week, the Minister of Citizenship, Immigration and Multiculturalism characterized the bill as a disincentive for human smugglers. I fail to see how the bill accomplishes that goal if the prospect of life imprisonment and a $1 million fine does not.

By granting the Minister of Public Safety the all-too-broad discretion to designate the arrival of a certain group of refugees as a “human smuggling event” or an irregular arrival subject to a mandatory one year detention, the government opens up any arrival of two refugees or more to be a potential crisis.

Once again, experts decry the move toward mandatory detention as not only ineffective, but also likely illegal. The government insists that it requires the time to determine the identity and admissibility and investigate illegal activity. However, existing statutes provide ample time for immigration officials to make these determinations.

Yet again this is an example of a government that refuses to deal with the complexities of a given situation, of a government that refuses to see an issue any other way than in black or white. Much like its misguided mandatory minimum provisions in the omnibus justice bill, it is attempting to force through the House, the solution the government has arrived at is to detain and then incarcerate that which it cannot understand.

Further to mandatory detention, the bill will restrict designated refugee claimants from making an appeal on humanitarian or compassionate grounds for five years, or from appealing to the new refugee appeal division. This legislation will surely be challenged.

The appeal process exists for a reason. Humanitarian and compassionate applications are meant to catch those cases that fall through the cracks of our legal system.

Yet if a refugee claim is found to be legitimate, the government still intends to produce more hoops to jump through, including a provision that bans a refugee from applying for permanent residency for five years after arriving.

Not only is this provision a clear violation of the United Nations Convention relating to the Status of Refugees as it refuses the right to assimilation and naturalization, but it is the cruel act of a government saying to someone who has already endured significant hardship, “You can stay and work to support yourself and your family and pay taxes and contribute to society, but at any moment we can decide to send you home if we feel like it. Also, by the way, you cannot leave, or you have to stay out”.

That does not perpetuate loyalty; it perpetuates resentment. This is from the same government that cut $53 million in funding to immigration settlement services across Ontario just before Christmas last year.

Guelph is a gateway community in Canada and 21% of its residents consider themselves immigrants.

Last week I attended the annual general meeting of the Guelph settlement services centre. This organization provides numerous programs to facilitate speedy integration of new immigrants into our community. Fifteen per cent of its budget was needlessly cut by a government that really does not understand the new face of Canada.

This year we watched as 492 Sri Lankan Tamil refugee claimants landed off our west coast. Barely a year before that, Canadians watched as a civil war tore apart that country. We watched incidents of terrorism and saw the squalor of poverty brought on by massive instability. Some 492 men, women and children packed themselves into a boat that was little more than a floating cargo hold and set out across the Pacific Ocean. There was little better about their accommodations for those months on the boat than the country they left for a better life. There was illness and death, but they came anyway.

Many of those refugees are still in detention, but there is no doubt that even the past year in prison here in Canada has been better than the wreckage of Sri Lanka. If members do not believe me, I would refer them to the comments of the Minister of Public Safety yesterday when he spoke during the debate on the justice omnibus bill. The minister said that often foreign prisoners would much prefer incarceration in Canadian jails than in their home countries, and by extension, would prefer detention in Canada to any refugee camp in the world. Really there is no disincentive in the bill for those who are seeking refuge here in Canada and even less for the real criminals in this situation, the human smugglers.

In the face of an uncertain world with increasing costs of food causing global unrest and climate change creating even larger displacements of people from African and other countries, refugee claims will only increase. Already we need measures much more creative than what is in the bill. Instead of trying to satisfy a small though vocal base by ideological legislation that looks tough but accomplishes nothing, Canada needs to begin looking to bigger and longer term solutions. We need to engage internationally in programs to deal with immigration and refugees.

Human smuggling is a scourge that will only get worse if we do not actually combat human smugglers instead of penalizing refugees. As a maritime country, we are a natural destination for boatloads of displaced immigrants. Efforts at the UN with maritime and non-maritime countries will need to be undertaken to ensure that all nations assume their responsibility to help refugee claimants.

Just as we need to be smarter on crime, we especially need to be smarter on immigration. Canada is a beacon of light for people around the world. We cannot shut our doors and turn our backs on men and women, families, seeking a better life. But we also cannot allow criminals to take advantage of the system and make money off of refugees who are only looking to escape persecution, violence and oppression.

Bill C-4 is not the right answer to what will be a defining issue for many years to come.

[Alexandrine Latendresse, NDP, Louis-Saint-Laurent, QC]

Mr. Speaker, looking at this bill, which attempts to legislate against smugglers and human traffickers, we see potential for some worthwhile legislation against this type of trafficking. However, this bill is far from what it claims to be. It is a direct attack against this category of refugees who arrive in Canada seeking asylum. I would like the hon. member to comment on the fact that there are no real measures in this bill that truly address human trafficking.

[Frank Valeriote, Liberal, Guelph, ON]

Mr. Speaker, the member is quite right. There are already penalties for human smugglers; there is a $1 million fine and up to life imprisonment. What do the Conservatives do? They demonize and vilify people who are trying to escape circumstances which are a direct threat to their health, safety and their very lives.

As I said, those people may be willing to spend a year in detention rather than face those circumstances. In fact this legislation is not really meant to deter people from coming here. It is meant to provide cosmetic window dressing to the Conservatives' base so that Canadians and particularly the Conservatives' base think the government is doing something about this problem.

[Francis Scarpaleggia, Liberal, Lac-Saint-Louis, QC]

Mr. Speaker, I would like to congratulate my colleague on a very good speech. I have a couple of questions.

First, the government brought in Bill C-11 about a year and a half ago. The features of that legislation have not yet been fully implemented. The point of that legislation was to reduce the refugee backlog. I would ask the member why he thinks the government is not waiting to see if it is successful before introducing this bill.

Second, the Minister of Citizenship, Immigration and Multiculturalism said in the House that there are people overseas who believe that if they come to Canada as refugees they will get a monthly income forever. That is obviously false. It is a misconception.

In a world where no information is perfect, I would ask the member what he thinks leads the minister to believe that these people who misinterpret or get false information will actually understand the provisions of the bill. They will certainly not hear about the tough new rules from the smugglers. How will these people know about these tough new provisions?

[Frank Valeriote, Liberal, Guelph, ON]

Mr. Speaker, in answer to the first question, the fact is the government refuses to apply the proper resources to deal with immigration matters and frankly to deal with refugee claims.

Up to a million people are trying to get into this country. The number was about 700,000 several years ago. The government is clearly not interested in helping immigrants get to this country.

In answer to the second question, it is like the government's crime bill. Those who are about to commit an offence do not look at the Criminal Code because they think they might have to spend some time in jail if they commit a crime. People do not think that way.

Similarly, people who are trying to escape life-threatening circumstances do not look at our immigration laws to see how they will be treated when they get here. They will escape to a country that is considered to have a welcoming and inviting reputation, one that presents them with a future for themselves and their children.

[Wayne Marston, NDP, Hamilton East—Stoney Creek, ON]

Mr. Speaker, the point is the Supreme Court struck down a security certificate's detention aspect because it was unjust. Here is the government proposing another piece of legislation that does very similar things.

Does the member not believe that would be justification for striking it down?

[Frank Valeriote, Liberal, Guelph, ON]

Mr. Speaker, I absolutely agree with the premise of the question. It is in violation of our Charter of Rights and Freedoms. It is in violation of the Supreme Court decision. It is in violation of the United Nations declaration on the rights of refugees.

I have no doubt that this legislation will be successfully challenged once it is passed by the government.

[Peggy Nash, NDP, Parkdale—High Park, ON]

Mr. Speaker, I rise today to speak to Bill C-4, the Preventing Human Smugglers from Abusing Canada's Immigration System Act. Unfortunately, the title is an unworthy message for the government to convey to the rest of the world.

My riding of Parkdale--High Park is in downtown Toronto. It is a very mixed income community. For many newcomers to Canada it is a first stopping-off point. Over the years, waves of immigrants have put down roots and created institutions in our community.

Earlier today, I spoke about the 100th anniversary of the Knesseth Israel Shul in my riding. It is the oldest original synagogue in Toronto that is still in use today. Many of the original congregants of this shul came to Canada to escape the persecution that the Jewish community was facing in Europe and other parts of the world, while others came for economic reasons. In many cases, they came with little more than the ability to work hard, their ingenuity and their creativity. Although small, this magnificent institution is so beautiful. It adds glimmer to the heart of a community that was formed 100 years ago in our neighbourhood in the Junction. That is typical of many newcomer communities in Canada.

My community is home to many who have fled Soviet bloc countries: Poles, Ukrainians, people from a variety of backgrounds. We have many Vietnamese, Tamils, Latin Americans, and most recently, Tibetans. We now have the largest Tibetan community in Canada. Also, many of the Roma from Hungary are coming to our community. A number of these community members came here as refugees because they feared for their safety and well-being in their countries of origin.

For example, the repression of Tibetans is well known. His Holiness the Dalai Lama is an honorary Canadian citizen and has come to this Parliament. We were all thrilled to meet with him. He so elegantly and generously described the struggle of Tibetans not only in modern day Tibet as it presently exists within China but also in refugee camps in India and Nepal.

Many people around the world are living with instability, war or repression. Refugees are seeking shelter from these conditions.

As part of out citizenry in the international community, Canada has signed international agreements to receive not all refugees, but our share of refugees, and to roll up our sleeves and contribute with the rest of the world to helping those in need.

In fact, I would argue that many other countries do so much more. Some of the poorest countries in the world, countries in Africa for example, have some of the largest numbers of refugees who have fled wars, famine or other kinds of hardships from nearby countries.

Canada's history is one of living up to the international treaties we have signed, as well as living up to our responsibility as a strong member of the international community.

My colleague from the Montreal area spoke earlier about how his family came to Canada as Vietnamese refugees.

We have a large Vietnamese community in Toronto, people who fled with not much more than what they could carry. They have made an enormous contribution to our country.

Again, I look at my own community and the institutions people have built and the tremendous creativity of people, the jobs they have created, the businesses they have opened, the art they have created, and what they offer to our country.

It is a wrong notion that somehow Canadians are paying something when refugees come here. I think we gain a tremendous amount. Canada is built on waves of immigrants, but many refugees as well, and they have made an enormously valuable contribution to our country.

When it comes to this bill, I have to ask myself why we would want to target or demonize refugees. That is what the bill is doing. It is somehow tarnishing refugees and putting all of them under suspicion as potential smugglers and potential abusers of Canada's immigration system.

The bill claims it would crack down on human smuggling, but as the bill currently stands, it concentrates too much power in the hands of the Minister of Citizenship, Immigration and Multiculturalism and unfairly penalizes refugees. It sets up different tiers of status for refugees.

Our party would rather deal with criminals, the people who are abusing the system, the people who are indeed trafficking or smuggling. Yes, let us deal with them through our judicial system. However, as it stands, this bill is more likely to hurt legitimate refugees and the people who are trying to help them, people who are seeking safety and solace here in Canada.

As many of my colleagues have described, this process is unclear. It is arbitrary and ultimately very discriminatory. We have to ask ourselves why this bill is even before us when we just approved a refugee law a few months ago. What we need now is full implementation and better enforcement of that law.

The government should be less focused on photo ops and demonizing people who come here seeking legitimate refugee status and more focused on enforcing the laws against human smuggling that we already have and giving the RCMP, who are tasked with this job, the resources they need to get the job done.

Our concern is that the bill is more about politics, very divisive and dangerous politics, and less about ensuring an effective and fair refugee and immigration system.

We are not just saying that. We are backed up by the Canadian Council for Refugees, Amnesty International, the Canadian Civil Liberties Association, the Canadian Bar Association, an expert panel at the Centre for Refugee Studies. Those who are experts in international law, in our charter rights here in Canada and in international covenants share our deep concern about the flaws of the bill and the damage it could do certainly to our country's reputation, but much more importantly to individual lives. We are talking about people who are at their most desperate, who are fleeing for their lives.

We think this is an unnecessary bill, a bad bill, a bill that is going to tarnish Canada's reputation and endanger those who need shelter most.

[John Weston, Conservative, West Vancouver—Sunshine Coast—Sea to Sky Country, BC]

Mr. Speaker, I support the emphasis the hon. member for Parkdale—High Park is placing on the importance of refugees here in Canada.

I have had the privilege of working in her area as a law student and had the great opportunity to understand some of the communities that she represents.

In terms of refugees, I am given to understand that Canada receives a higher proportion of refugees than any other country in the world in terms of our population. People around the world put great stock in our refugee policy. In fact, I was just in Iraq and met people who were concerned about coming to Canada. It is only because we can protect the integrity of our refugee system that we can open our doors as we do. I ask the member to respond to that.

Without the abuses that have happened, does she understand that we can therefore protect the life, liberty and pursuit of happiness of true refugees who would come to our shores?

[Peggy Nash, NDP, Parkdale—High Park, ON]

Mr. Speaker, I do not know what abuses the member is talking about, but I do know that if we look at some of the poorest countries in the world, their number of refugees is far greater than that of Canada. While we may have a smaller population, we certainly have the resources and land mass to be able to accommodate refugees.

I would ask the member, in response to his question, for someone who understands my community and understands the importance of the refugee and immigration system, how can he justify the mandatory detention of children? How can he justify violating international treaties with the bill? These are treaties that we have signed onto and are part of our international commitment.