Mr. Speaker, it is a pleasure to pick up where things left off in June. Right before the long debate on back-to-work legislation I had the opportunity to speak to this bill for eight minutes. At that point I was making three general observations.
The first is that refugees are not queue jumpers. There is a misconception across the land that when refugees come to Canada and claim refugee status, they are depriving others who would like to come to Canada of their right to do so. I say sadly that it is the government that has actually fostered this notion. Do not take my word for it; I will quote from an editorial in the Ottawa Citizen which stated the following:
Back in 2010, [the] Public Safety Minister...said the government needed to crack down on human smuggling because “we know that jumping the immigration queue is fundamentally unfair to those who follow the rules and wait their turns to come to Canada.”
This is the opposite of what is true about refugees.
Of course, no one likes queue jumpers. We all have a natural aversion to the idea of someone cutting into line. However, refugees are not queue jumpers. By letting a refugee into Canada, we are not slowing down or otherwise causing a regular immigration application to be sidelined. It is very important to make that point.
The second point I would like to make is related to the first point. There is a process for determining who is a legitimate refugee and who is a person whose claim is without proper merit. That process goes back at least 20 years, if I am not mistaken, or maybe a little less than 20 years. We know that that process is embodied in an institution of government that we call the Immigration and Refugee Board.
The third point I would like to make is related to the first two. The reason there is a refugee crisis in this country, the reason there is a backlog of refugee claimants, has a lot to do with the way the government, unfortunately, has undermined the refugee determination process that is embodied in the Immigration and Refugee Board.
We all know that the government failed to fill vacancies on the Immigration and Refugee Board for quite a long time, to the extent that the lack of desire to move in terms of appointing new members to the IRB was having and impact and creating the backlog in refugee claims. In fact, the Auditor General in 2009 expressed her concerns about timely and efficient appointments and reappointments to the IRB when she looked at the matter of the refugee backlog.
What has happened is the government has politicized the process of appointing people to the IRB which has made the backlog even worse.
It is very important that the government own up to this. First, it must admit that refugees are not queue jumpers. Second, it must admit that it has made the problem of the refugee backlog slightly worse because it failed previously to act quickly in terms of appointing members to the board.
There are problems with this bill. It creates two classes of refugees. One class would be the regular refugee stream. The second class would be denoted by the minister as designated arrivals, which, upon being designated accordingly, would be treated differently. They could be held in detention for up to 12 months.
What is really happening is the government is categorizing refugees. It is creating classes of refugees for different treatment based on, if we really look at it and read between the lines, the mode of transport the refugee claimants have used to get here. Refugees who come by plane typically would not come in big groups and would not receive the ministerial designation of designated foreign nationals and would not receive the different treatment that is being reserved for designated foreign nationals in this bill. Refugees who come in groups who will be designated as designated foreign nationals under the act typically will come by ship in squalid conditions. If they come by plane, they are not considered to be designated foreign nationals under the law.
The government is creating different classes of refugees based on how the refugees come to Canada. Following that logic, there should be a class of refugees for those arriving by minivan. It is very unhealthy when we start to distinguish and create categories of people from what is essentially a group of people with the same characteristics, people who are fleeing persecution or misery for a better life.
This brings me to another point. Back in June when I first spoke to this bill, I said that the government seems to make legislation based on the latest headlines. Instead of analyzing a situation over the long term and coming up with a solution that has some merit, it will react very quickly to news, especially before an election. It will bring in rushed legislation which obviously will have flaws because any legislation that is rushed will have flaws. It will bring in legislation to try to show the public that it is acting quickly to solve a problem, which sometimes is very complex and requires more reflection than it is receiving.
When the government introduced Bill C-49, which is now Bill C-4, it had already brought in Bill C-11 about a year before. Bill C-11 was meant to attack the problem of the growing refugee backlog the government itself had contributed to making worse. Under Bill C-11, the government implemented something that had been created by a Liberal government. It brought in a refugee appeal division to speed up the process whereby when a claimant is refused by the IRB, he or she may appeal to the Federal Court. The government said it would implement something that a Liberal government came up with, which was the refugee appeals division.
I should mention that has not yet been implemented, as far as I know. Bill C-11 tried to remedy this situation but there have been more delays in terms of creating the refugee appeal division. In any event, Bill C-11 was attempting to deal with the problem. We still do not know if Bill C-11 would deal effectively with the problem because the appeals division has not been created. Why did the government not let things be and allow Bill C-11 to work its way through to implementation to see if it was able to resolve the matter before introducing Bill C-4? That is quite indicative of the fact that the government prefers to rush into things, sometimes with measures that are half-baked or not called for.
A major problem with Bill C-4 is that it probably violates the Charter of Rights and Freedoms. That is what happens when legislation is rushed: we get legislation that is not thought through and is not properly put together. It means the legislation could be challenged and if it is challenged, it may be struck down. That would create more problems down the line. A government should really do things properly or it may find itself with problems down the line.
Bill C-4 possibly could violate the Charter of Rights and Freedoms because of the fact that a person may be kept in detention for up to 12 months. We have seen jurisprudence by the Supreme Court find that time far too long and in violation of at least two sections of the charter.
I will stop on that point and take the opportunity to move an amendment. I move:
That the motion be amended by deleting all of the words after the word “That” and substituting the following:
'this House declines to give 2nd reading to Bill C-4, An Act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act and the Marine Transportation Security Act, since the bill fails to achieve its stated principle of cracking down on human smugglers and instead targets legitimate refugee claimants and refugees, and because it expands the Minister's discretion in a manner that is overly broad and not limited to the mass arrival situation that supposedly inspired the introduction of this legislation, and because it presents an imprisonment scheme that violates the Charter of Rights and Freedoms protections against arbitrary detention and prompt review of detention, and because its provisions also violate international obligations relating to refugees and respecting the treatment of persons seeking protection.'