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.

Protecting Canada's Immigration System Act

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

Mr. Speaker, I rise today to voice my opposition to a draconian bill that would change the way in which refugees and asylum seekers are treated. I am deeply disappointed in this bill, which revokes most of the compromises that were reached in connection with the former Bill C-11, the Balanced Refugee Reform Act, in addition to reintroducing Bill C-4, which targets refugees instead of human smugglers.

Bill C-11, which was passed by a minority government during the previous Parliament, gave rise to what could be considered historic compromises with a view to making truly balanced refugee reforms. But now, at a time when that bill has not yet even come into effect, the government is doing away with everything the members of this House accomplished together and is instead imposing an ideological approach without giving any thought to the lives of the people who will be affected by this change.

By acting in this way, the Conservative government is going back on what it agreed to and demonstrating once again that it does not believe in co-operation and that what it wants more than anything is to put its own ideology ahead of the well-being of the people affected by its decisions. Bill C-31 transforms a balanced measure into a radical, partisan, ideological measure.

I want to remind the House that the Laval immigration detention centre is in my riding, Alfred-Pellan. There are three such centres in Canada: one in Laval, one in Toronto and one in Vancouver. Refugees who cannot prove their identity are incarcerated in this facility, which looks like a prison and is on federal prison property. There, people are handcuffed to be moved and families are kept apart. The centre tells refugees that it will take only a few days to check their identity, but in reality some of them will spend weeks or even months in a place that is run like a medium-security prison.

The average stay at this centre is currently 28 days, according to the Canada Border Services Agency. Detention leaves its mark on asylum seekers' mental health. After being handcuffed when they are moved, having their personal effects confiscated and being separated from their families, detainees leave the centre with serious health problems and depression.

Research proves this. Janet Cleveland, a researcher and psychologist at the CSSS de la Montagne at McGill University, met with nearly 200 asylum seekers during a study on the impact of detention on the mental health of people seeking asylum in Canada. The study was conducted with four other researchers. Over 120 of the asylum seekers had been in detention for three weeks in either Montreal or Toronto when she met them. The others were not being detained.

All the asylum seekers taking part in the study had already endured traumatic experiences when they arrived in Canada, but those who were placed in detention were more likely to suffer from depression, anxiety or post-traumatic shock. When I asked the Minister of Citizenship, Immigration and Multiculturalism in February why this government was not doing anything to correct this situation, which is intolerable for the officials and the newcomers, he replied that it is true that there is a waiting list for refugee claimants, and that a new system will ensure a processing period of a few weeks. He said new claims would be heard by the IRB within two to three months. Here is what Janet Cleveland said:

As far as the government is concerned, three weeks in a centre is not very long. Yet when we compare these individuals to others who are not being detained, the detained refugees were twice as likely to show serious post-traumatic stress symptoms. We did not expect this result after “only” three weeks of detention.

I would point out that 40% of the immigrants being detained in Laval are there simply while their criminal record are being checked. So, I would ask the minister once again: why are these newcomers being treated like criminals? I am also very worried about the rights of refugees, and of the people who work in these centres, and the way this will be implemented. What worries me even more is the fate of child refugees who are separated from their families and loved ones when they arrive here, and therefore lose their sense of security.

Unlike Bill C-4, Bill C-31 includes an exemption from detention for anyone under the age of 16. That is very good, but when I asked the Minister of Public Safety whether those children would be separated from their families and what would happen to the families, he did not even answer my question. That leads me to believe that, as a result of this bill, children will be separated from their families, which can cause serious psychological problems and trauma for children who are only 16 or younger.

It also makes me think about the measures the minister intends to implement to guarantee that minors will not be detained based on their age when their own identity and age are in the process of being verified. If they do not have documents to prove that they are under the age of 16, what assurance do we have that they will not be detained? For example, will a 14 or 15 year old who looks 16 or older be treated fairly? It is truly quite disturbing.

Since men are detained separately from women and children, what will happen when a single father arrives with his children? Will they be separated immediately upon their arrival?

We must rethink how we treat our brothers and sisters who are seeking asylum. To do so, we must first acknowledge the human nature of their journey, which is fraught with injustice, tragedy and trauma. In my opinion, the amendments proposed by Bill C-31 will result in the criminalization of people who are often victims and have reached the end of their rope.

Is it right to treat them like criminals when they arrive? Is it one of our values to separate and break up families, when their family ties are all they have left?

I recognize the importance of properly identifying refugee claimants. However, I am convinced that it can be done in a more humane way, without compromising the psychological and social well-being of asylum seekers, without breaking up families, without passing this bill which would welcome refugees with detention when they arrive.

I would like to quote a letter from Human Rights Watch dated March 16, 2012, addressed to the members of this House.

HRW believes that the detention provisions of Bill C-31 unduly and inappropriately impose penalties on vulnerable migrants, asylum seekers, and refugees. Instead of identifying and punishing human smugglers, these provisions of the bill would punish irregular migrants, including refugee men, women and children fleeing indiscriminate violence and/or persecution. These people should not be punished on the sole basis of their “irregular” entry.

This letter is signed by Bill Frelick, refugee program director, and Jasmine Herlt, director, Human Rights Watch Canada.

Bill C-31 is bad for refugees and does absolutely nothing to target smugglers. In my opinion, the previous Bill C-11, as amended in the last legislature, takes a more balanced approach, and deserves to be implemented and fairly evaluated. The government constantly talks about the importance of taking action. Here we have a bill, Bill C-11, which is ready to go and I invite the government to move on it.

Canadians and the international community are speaking out against Bill C-31. I am asking the government to reconsider its approach. We have to think of the families that have already lived through so much trauma and are just looking for a place where they can be protected. This bill does not target the right people at all. We absolutely have to rethink this approach. Canada has always welcomed refugees and must continue to do so.

I would also like my colleagues to consider the amendment proposed by the member for Vancouver Kingsway, and I would ask all members of the House to support it.

[Glenn Thibeault, NDP, Sudbury, ON]

Mr. Speaker, I truly am very disappointed that I will not have my full 10 minutes, but I appreciate the fact that you have given me six to seven minutes to talk about how I oppose the bill.

While I say that I oppose the bill, like my colleague from Edmonton—Leduc, I would like to tip my hat to the minister for being here throughout the entire debate. When we are looking at the importance of discussing ideas and trying to come up with the best legislation for the country, it is great that we can have this type of debate.

With that said, now that the hugs are over, I will move forward with my opinions on Bill C-31. New Democrats see this as an omnibus refugee reform bill that combines, in our opinion, the worst parts of the former Bill C-11 in the 40th Parliament and the current Bill C-4.

We see the main purpose is to repeal most of the compromises from the former Bill C-11, Balanced Refugee Reform Act, that received all-party support and royal assent in June 2010. It reintroduces Bill C-4, the human smuggling bill and introduces the collection of biometrics for temporary residents.

The naming of safe countries and the restriction of refugee rights, concentrating the power to determine safe countries in the hands of the minister, under the former Bill C-11, was to be done by a panel of experts including human rights experts. While we all can agree with the minister, we want to ensure that there would be a panel and human rights experts involved in this process, because no one is perfect. We want to ensure that immigrants could see that we do not leave it in the power of one person.

Refugee claimants from safe countries would face extremely short timelines before hearings, 15 days I believe. They would have no access to the new appeal division and no automatic stay of removal when filing for a judicial review. They would not be allowed to apply for a work permit for 180 days. The bill would also limit access and shorten timelines to file and submit a pre-removal risk assessment application and evidence.

In terms of restricting access to humanitarian and compassionate considerations, I do not think anyone would agree with that. Unfortunately, we are seeing this being pushed through by the government. A refugee claimant could not apply for H and C while the claim was pending for one year after a failed claim, in which time he or she would likely be deported. The bill would make it easier to terminate refugee protection if circumstances changed. This could apply to any legitimate refugee who had not yet become a citizen, potentially affecting tens of thousands of permanent residents. This would contravene international norms on the treatment of refugees and add uncertainty to individuals for years after their arrival. We have talked about how we have always been a progressive country in terms of immigration. I do not think that the bill, even though it may have been well-intended on the government side, does that.

Arbitrary designation of irregular arrivals and their mandatory incarceration is something that we on this side of the House definitely do not agree with. Bill C-31 reintroduces most of the provisions of Bill C-4, which are widely condemned by refugee advocates and likely unconstitutional. It would allow the minister to designate any refugee arrival of a group of two or more as irregular. We can use the examples of the Sun Sea and the Ocean Lady. These irregular arrivals would face mandatory detention for up to one year if they were age 16 and over, or until a positive refugee decision was made, whichever came first.

Irregular arrivals could not apply for permanent residency for five years or sponsor their family for five years. They would have no access to the new refugee appeal division. This designation would create an unfair two-tier refugee system, one for regular refugees and one for irregular arrivals.

Looking at the background of this, the former Bill C-11, the Balanced Refugee Reform Act, was supported by all parties in the last Parliament. Several compromises were made to the original bill, largely through the work of the member for Trinity—Spadina and the NDP. It made it acceptable to us and other opposition parties.

These compromises included establishing a panel of experts to determine safe countries, allowing access to appeal for designated nationals and those from designated safe countries, and greater timeliness for the start of the appeal process. Bill C-31, unfortunately, repeals almost all of these compromises.

What would we like to see from an immigration bill, something like C-31 specifically? We do not think the Conservatives have been effective at gaining support for this legislation by promoting fear and talking about the threat of refugees. I do not think anti-immigrant and anti-refugee rhetoric, such as “bogus claimants”, “queue jumpers” and “criminal elements”, does anything to help any of the immigrants coming to Canada. However, I think civil society is solidly against these changes to refugee reform. Experience in other countries, such as Australia for example, show that measures such as these do not have a deterrent effect.

These measures target and punish legitimate refugees. Refugees should not be subject to political manoeuvring, but should be given fair and compassionate treatment. All of those who seek protection should be given equal rights, with equal rights to appeal. No country is free from persecution. This is especially true of women and gays and lesbians fleeing violence and persecution.

To summarize, refugees have the right to a fair hearing. The right to appeal is critical for vulnerable claimants at the mercy of an inconsistent and often arbitrary Immigration and Refugee Board. We do not believe that the bill will accomplish that.

I am sure I will have a few minutes on another day to continue, but with that I do wish everyone a very Happy St. Patrick's Day tomorrow and a great constituency week.

[Dave Van Kesteren, Conservative, Chatham-Kent—Essex, ON]

Mr. Speaker, it is with great pleasure that I rise today to speak in support of Bill C-31, the protecting Canada's immigration system act, introduced by my colleague, the hon. Minister of Citizenship, Immigration and Multiculturalism.

The measures in this bill include further reforms to the asylum system to make it faster and fairer, measures to address human smuggling, and the authority to make it mandatory to provide biometric data for a temporary resident visa application.

Canadians take great pride in the generosity and compassion of our immigration and refugee programs, but they have no tolerance for those who abuse our generosity and seek to take unfair advantage of our country. Canada welcomes 1 in 10 of the world's resettled refugees. That is more per capita than almost any other country. In fact, our Conservative government has increased the number of refugees that we will be resettling each year by 2,500.

Bill C-31 proposes changes that build on reforms to the asylum system based in June 2010 as part of the Balanced Refugee Reform Act. The proposed measures will provide faster protection to those who genuinely need refuge, and faster removal for those who do not. In particular, refugee claimants from generally non-refugee producing countries, such as those in eastern Europe, would be processed on average within 45 days compared to more than a thousand days under the current system.

It has become clear that there are gaps in the Balanced Refugee Reform Act. Canada receives more refugee claims from Europe than from Africa or Asia. Last year alone, 23% of all refugee claims made in Canada were made by nationals from the EU. That is up 14% from the previous year. This growing trend threatens the integrity of our immigration system.

In recent years virtually all EU claims were withdrawn, abandoned or rejected. These unfounded claims from the 5,800 EU nationals who sought asylum last year cost Canadian taxpayers $170 million. Too many tax dollars are spent on bogus refugees. We need to send a message to those who would abuse Canada's generous asylum system that if they are not in need of protection, they will be sent home quickly.

Bill C-31 will save hardworking Canadian taxpayers $1.65 billion over five years. That astounding savings really helps to put in perspective the magnitude of the abuse of our immigration system.

However, it is not just Canadian taxpayers who are severely affected by these bogus claims. Genuine refugees are waiting a long time to receive Canada's protection, which they desperately need, because bogus refugee claims are bogging down the system. This has to stop.

Bill C-31 also includes most of the provisions in the former Bill C-4, preventing human smugglers from abusing Canada's immigration system act. There is one very important modification to note, though. Minors under the age of 16 would be exempt from the detention proposals designed to deal with mass arrivals from human smuggling operations.

Our government is sending a clear message that our doors are open to those who play by the rules, including legitimate refugees. However, we will crack down on those who endanger human lives and threaten the integrity of our borders. Human smuggling is a despicable crime, and Canadians think it is unacceptable for criminals to abuse Canada's immigration system for financial gain.

Mandatory detention for those 16 years of age and older remains in place for people who enter Canada as part of a designated smuggling event. However, once the identity of a claimant has been established and a refugee claim is approved, individuals would be released from detention.

The final component of the new legislation would give the minister the authority to make it mandatory for visa applicants to provide biometric data, meaning fingerprints and photographs, to visit Canada. Documents can be forged or stolen, whereas biometric data provides greater certainty, confirming the identity of the applicants when they apply.

Biometrics will be an important new tool to help protect the safety and security of Canadians by reducing identity fraud and identity theft. As fraudsters become more sophisticated, biometrics will improve our ability to keep out of Canada violent criminals and those who pose a threat to the country. In short, biometrics will strengthen the integrity of Canada's immigration system, while helping facilitate legitimate travel.

These measures would put us in line with our international partners, such as the United Kingdom, the European Union, Australia, and the United States. They will help prevent violent criminals, terrorists and human smugglers, among others, from using a fake identity to obtain a visa. The use of biometrics would also bolster Canada's existing measures to facilitate legitimate travel by providing a fast and reliable tool for confirming identity.

When asked about Bill C-31, the protecting Canada's immigration system act, this is one of the things the NDP immigration critic had to say:

—I think what we need to do is build a system that has a fast and fair determination process. And that’s something that I’ll give the [Minister] credit for. I do think that’s what his intention has been all along. And we all want to work towards that. We don’t want endless dragging on of this stuff because refugees, when they come here, you know, they do qualify for basic sustenance...it is at the cost of the Canadian taxpayer.

So we do have an interest in making sure there’s a quick determination that’s correct and fair and get these people into our communities, working and being productive taxpaying members of our society if they’re bona fide refugees.

We want a fast, fair system where we can give a sanctuary to people who need it quickly and we can weed out the people who don’t have valid claims, get them through a fair process. And if they’re not valid at the end of the day, deport them out of Canada swiftly.

I agree. That is exactly what Bill C-31 aims to do.

All of these reforms are aimed at deterring abuse of Canada's generous immigration and refugee system. With these proposed measures, the integrity of Canada's immigration programs and the safety and security of Canadians would be protected.

Bill C-31 sends the clear message that if people are in genuine need of Canada's protection, they will receive it. However, if they are abusing our generous refugee system, they will be removed quickly.

It sends a clear message that Canada will not tolerate queue jumpers. Every years, thousands upon thousands of people play by the rules and patiently wait their turn in line. Canadian immigrants want our government to stop the practice of people breaking the rules by abusing our refugee system or paying huge sums of money to despicable criminal smugglers to jump in front of the line.

To maintain the support of Canadians for our generous immigration and refugee system, we must demonstrate that Canada has a fair, well-managed system that does not tolerate queue jumping.

I urge all members in this House to support this much-needed piece of legislation.

[Sylvain Chicoine, NDP, Châteauguay—Saint-Constant, QC]

Mr. Speaker, I will get right to the point. Bill C-31 is a blot on Canada's reputation. This bill will tarnish our international image as a host country. It will be a major step backward with respect to protecting refugees in Canada. It puts tremendous power in the hands of the Minister of Citizenship, Immigration and Multiculturalism and fails to revamp Canada's refugee determination system. The purpose of this bill is not, as stated, to fight human smuggling or to help asylum seekers by expediting the process. Its true purpose is something else entirely. All it will do is punish refugees.

Bill C-31 is a patchwork of bits and pieces of old bills, including Bill C-4 on human trafficking, Bill C-11, the Balanced Refugee Reform Act, and biometrics.

One of the bills introduced during this Parliament was Bill C-4. That bill received such strong opposition from lawyers and refugee rights organizations that the government dropped it. This bill would allow the minister to designate the arrival of refugees as an irregular arrival. The bill uses the phrase “a group of persons” without really specifying how many persons constitute a group. We presume that two people could indeed constitute a group. These designation criteria are far too vague and disproportionate and leave too much room for legal interpretation. A family fleeing a war-torn country would be a group of persons.

The most despicable proposal in this bill is the one whereby any person designated a “foreign national” will be detained for a maximum period of one year, without review and without any chance of appeal.

Immigration detention centres are already overcrowded. Accordingly, these designated persons will likely be transferred to provincial prisons to live with criminals. Under this bill, a person could be detained for 12 months without review.

According to the bill, a person in detention who receives permanent resident status will not be released since they are not entitled to a review of their case for a period of one year.

The government is not giving any thought to the distress felt by these people who have fled a country in the hope of having a better life. This government is not considering the desolation of these people who are fleeing persecution in their country and who now are being mixed in with the criminal population for a year without review of their case, as I was saying.

These measures go completely against the Canadian Charter of Rights and Freedoms and international law. The Supreme Court ruled in the Charkaoui case that detention under a security certificate is unconstitutional. That means that every person in Canada has the right to appear before a judge within 48 business hours. The Conservative government has no qualms about introducing a bill that is likely unconstitutional.

Under the Supreme Court ruling, detention has to be subject to a timely and regular review to ensure that it continues to be legal. All asylum seekers not arriving in groups, therefore arriving alone, are entitled to this review. Families would be exempt from this review because they constitute a group of two or more people.

Not only can a group be detained for a year, in addition, no exception is made for the individuals in the group, regardless of gender, age or health status. These inhumane provisions are a direct violation of the 1951 Geneva Convention relating to the Status of Refugees. Indeed, this United Nations convention clearly indicates that no host country shall impose sanctions against refugees by reason of their illegal entry if they present themselves without delay to the authorities and give good reason for their illegal entry.

Canada is, in fact, a signatory to this convention.

The measures proposed in the bill are an attempt to discourage refugees from seeking protection in Canada. Not only are these people being detained without the right to appeal their case, but the implacable attitude of this government will end up increasing the number of removals. That goes entirely against the humanitarian values Canada espouses and the Charter of Rights and Freedoms.

Moreover, this bill stipulates that refugees shall be banned from making an application for permanent residence for a five-year period after obtaining refugee status.

Once again, this bill violates the Convention relating to the Status of Refugees by prohibiting any person who has obtained refugee status from traveling outside Canada. The refugee will, therefore, have no travel document. That also violates the Convention relating to the Status of Refugees and the Canadian Charter of Rights and Freedoms.

Furthermore, refugee claimants will not be able to sponsor their families for a period of five years. That means, for example, that a 15-year-old teenager who enters the country illegally will not be able to sponsor his parents for five years. Bearing in mind these constraints alone and the average time it takes to process claims for refugee protection and applications for permanent residence, refugees will be separated from their families for seven years. These measures are discouraging for all refugee claimants.

The minister also reserves the right to designate a country as safe for foreign nationals without even benefiting from the expertise of a committee on human rights. This measure will result in the implementation of stricter deadlines to submit a claim for refugee protection. This will make it difficult to properly prepare an application, which may lead to a refusal.

Moreover, the refugee claimants from the list of countries deemed safe by the minister who have been forced to leave the country will no longer be entitled to file an appeal before the Immigration and Refugee Board. If they are determined to appeal, their only recourse is to seek a judicial review before the Federal Court. Despite this provision, there is a strong likelihood that the claimant will be deported to his country of origin before the court has had time to make a decision. Furthermore, this bill prevents the Refugee Protection Division from reopening files. This clause goes against the principles of natural justice. This bill needlessly takes away a jurisdiction that has always existed.

Another clause is being added to the long list of barriers to claims for asylum. Once again, this clause gives another discretionary power to the minister that allows him to detain any individual who is suspected of a crime. There is no guideline for the principle of suspicion. However, it does not stop there, because the bill specifies that it is possible to turn down any claim if a person has committed an offence, even if it is a trivial offence. Let us take the example of a person who, in his own country, refused to obey an order from the dictatorial government and dared to express his opinion publicly, and finds himself with a criminal record because of it. Canada would refuse his claim because of this offence, without even considering the cases of persecution for which that government is responsible.

This Conservative government is going even further in its indifference to the suffering of thousands of people who are fleeing persecution. In granting permanent resident status to refugees, Canada is offering them safety to settle in our country and quietly begin their lives over again. However, the Conservatives, with their misguided thinking, want to grant permanent resident status on a conditional basis. This bill would allow an application for permanent resident status to be suspended when the country of origin is on the list of countries considered safe and stable, countries that are put on the list by virtue of the minister's discretionary power.

That is not all. This clause is retroactive, which means that thousands of permanent residents will have to leave their new country and new life in Canada. Take the example of someone who left his country because of political persecution 30 years ago. When he arrived in Canada, he asked for asylum and we granted him permanent resident status. He began a family here, but 30 years later the government tells him that his country is safe and he can go back.

Bill C-31 is underhanded; it goes even further. The Conservatives also want to demand biometric data from applicants for a visitor visa, a student visa or a working visa. Biometrics has a reputation as a technology that gives considerable power to states for keeping an eye on people. Bill C-31 put forward by the Conservatives is a huge reversal in immigration policy and is aimed solely at refugees and asylum seekers, to their detriment. The Minister of Citizenship, Immigration and Multiculturalism is giving himself the right to make criminals of certain refugees and throw them in jail, without review of their files, for a period of one year.

The Conservative government is now interfering with the right of every person to defend himself. I believe that this bill is discriminatory and that it sets up a two-tier system for refugee protection.

[Mike Sullivan, NDP, York South—Weston, ON]

Mr. Speaker, I listened with some interest to the comments. One of the unfortunate facets of the Conservatives' approach is they put so many different provisions that have different meanings and applications into one bill and then use that as an opportunity to say, “But you voted against it”.

There are certain aspects of this bill that clearly we agree with. We agree with the notion that the refugee system is broken, which is why we passed Bill C-11. Bill C-11 does an enormous amount to streamline the refugee system in this country and to make it less likely that people could abuse the system.

However, the amendments being proposed to Bill C-11, and the addition of Bill C-4, make it impossible for this side of the House to agree to create a system where we would be making people victims. Even if people are refugees, we do not believe that the government, or any government, should make them victims. That is what this bill would do.

I would ask for the comments of the member opposite.

[Mylène Freeman, NDP, Argenteuil—Papineau—Mirabel, QC]

Mr. Speaker, I am deeply saddened that Canadians must once again rise up to oppose a morally despicable bill. This omnibus bill quite simply stands for the opposite of a Canada that is open to the world. I would like to remind the House that the people who will be treated like criminals after this bill is passed are refugees, and thus people who are already victims. They are women and children, victims of torture, abuse and rape. They are the victims of the most abject poverty.

A few months ago in the House, I spoke out against Bill C-4, which has now been incorporated into Bill C-31. This bill uses an outdated refugee system and makes the situation much worse. There are already 450 immigrants with no status imprisoned in Canada. No charges have been laid against them, and they have no idea when they will be released or whether they will be deported. The detention centres where they are being held are prisons. These institutions are holding people captive against their will.

Canada is already guilty of imprisoning children who are seeking asylum. We are imprisoning people who have not been accused of any crime without giving them access to a lawyer. We are systematically imprisoning people who are traumatized by political conflicts, abuse and extreme poverty. The excessive use of detention centres to imprison asylum seekers is a disgrace to our country's integrity, and the bill being debated here only makes matters worse.

There are a number of problems. First, Bill C-31 indicates that anyone who is arbitrarily deemed to be a designated claimant at the whim of the minister will automatically be detained and will not have his file reviewed for a full year. I must remind the hon. members that this is unacceptable. We should not be imprisoning asylum seekers.

Bill C-31 gives the Minister of Immigration excessive and abusive power. This bill gives the minister the absolute power to designate a refugee claimant as irregular thereby taking away his liberty and mobility and even compromising his safety. The minister can destroy lives without any control mechanisms or checks and balances.

The minister alone will decide which countries refugees can come from and which ones they cannot come from. Categorizing countries like that is absurd. Knowing the state of the country is not enough. That is just one factor. A person's characteristics can make a normally safe country very dangerous for that person. A person who is lesbian, gay or transgender can be subjected to systemic discrimination and persecution even in a country that the minister considers safe.

I fear for such people from countries that the minister designates as safe. Furthermore, there is no way to ensure that a country will not be designated safe for purely political reasons. Refugees from Mexico, for example, are rarely granted refugee status in Canada because, for reasons of international relations, the government does not want to admit that Mexico can be very dangerous.

Mexico is becoming more and more dangerous for many people. Earlier this year, one of my constituents came to my office with his family. He was about to be deported after having lived and worked in Canada for eight years. He had not committed any crime. He was about to be deported and would be facing an extremely dangerous situation upon returning to his country of origin. He feared for his life. Because the process is not very transparent, we do not know if he was deported for a specific reason or simply because the minister decided that refugees from Mexico are not legitimate.

Such excessive power with no accountability should not be given to a single institution, let alone a single man. That is why an independent organization made up of non-partisan experts should be in charge of such decisions, which should never be left up to the immigration minister.

I want to close my speech by focusing on how this bill will, in particular, victimize refugee women. I have consulted with the Ending Violence Association, which along with MOSAIC and Multicultural Family Support Services, has recently completed a fulsome study on the safety of immigrant refugee and non-status women in Canada.

The Ending Violence Association is facing a major crisis. Immigrant and refugee claimant women who are experiencing abuse and violence cannot leave the situation of abuse if they are dependent on their husband who is the principal refugee claimant. They will immediately lose their status if they leave him. He could categorically withdraw his sponsorship and she would be deported. Especially if there are children involved in the situation, it is plain to see how Canada's immigration and refugee laws are currently facilitating and perpetuating violence.

We must take account of these women and children through our laws. To not address this systemic problem is in my opinion criminally negligent. When I explained to the representative from the Ending Violence Association some of the new laws that would likely be passed by the government, her face went white with fear.

In general, we can see how each and every point in this omnibus bill will make the lives of abused refugee and non-status women worse. They will have more fear and less legal protection, less access to health care and less access to services. They will have the threat of imprisonment and deportation hanging precariously over their heads and those of their children.

The bill would make it impossible to women to apply for humanitarian and compassionate appeals unless she did so upon her point of arrival. This makes no sense if she is living in a situation of domestic abuse.

I cannot see how this legislation will improve our immigration and refugee laws when every clause inspires fear in me and those who work every day protecting and advocating for refugees who are surely one of the most vulnerable populations in Canada.

I urge the House to scrap the bill entirely, since many of its provisions are entirely contrary to our Constitution and to the UN convention relating to the status of refugees.

[Mike Sullivan, NDP, York South—Weston, ON]

Mr. Speaker, in light of the fact that we are talking about our clothing colour, I am wearing some green but also some black today in honour of my heritage but also to remind people that it is a gloomy day here in the House.

The bill undoes a lot of good work that took place in the last Parliament and, although I asked my friend opposite what exactly the differences were, all he could say was that there were gaps. What the government is now doing is creating gaps, where those gaps had been filled, where there was agreement by the parties to fix the problems with the legislation in such a way that all circumstances were taken care of. We have now created a whole bunch of gaps in this legislation that are glaring by their example, as was evidenced a few moments ago.

Those in some countries who may be declared safe but who happen to belong to the gay and lesbian community may in fact be refugees. However, under this new bill, they would not have the opportunity to be exempted from the rather horrendous provision of having to have a hearing within 15 days and, if they do not win, they are out.

Government members argued at some length in earlier speeches that a significant percentage of supposed refugee claimants abandoned their claim in the course of that period of time. We, on this side of the House, agree that we do not want fake claims. We do not want to encourage a system where people are coming to this country merely to abuse our system. Bill C-11, in the previous Parliament, would have fixed the problem of the fake claimants. It would have fixed the problem to everyone's satisfaction and to the minister's satisfaction. The minister praised the bill. What has changed between Bill C-11 of the last Parliament and now in terms of Canada's refugee system? Absolutely nothing. Nothing has changed since then to warrant such new and draconian measures being placed into this legislation.

The new law would have taken effect in June of this year. We could have had a law that had been through the process and was ready to roll, that fixed all of the problems, which are being talked about again in the House, of the abuse of Canada's refugee system. Those things would have been fixed and we are throwing it away. We are wasting an awful lot of time, energy and resources, but for what purpose?

One of the things that is glaring in the bill that maybe is the purpose is the absolute power it would give the minister. The minister would have the absolute power, and despite the comments from the other side that he would consult, ultimately it falls within the power of one human being to determine for most of the planet whether people are safe from persecution or not.

Lord Acton of Britain stated that, “Power tends to corrupt, and absolute power corrupts absolutely. Great men are almost always bad men”. Those words were spoken over 100 years ago in the British system to describe what happens when someone is given too much power. It becomes a corrupting influence. I have the utmost of regard for the current Minister of Citizenship, Immigration and Multiculturalism. I think he will probably do a good job, but who knows who will come next?

We in Toronto have discovered just what happens when power is given to the person in charge. During David Miller's term as mayor, there was a big push on the part of the mayor to give the mayor more power to select an executive committee and to run things in a much more autocratic way. We can see what happened. We ended up with a mayor who is now abusing that power, who is running amok and who now faces the possibility of being stripped of his office as a result of the power that he has used.

That is what comes from putting too much power into the hands of one individual, and that is part of what the bill would do. It would create a system that would put everything into the hands of one individual, and we do not know who that individual will be next.

We also have situations where exemptions, exceptions that were provided for in Bill C-11, have been eliminated. For example, an individual in my riding is a coroner working for the police in what will probably be designated as a safe country. The person came to Canada as a refugee because the police told him that they could no longer protect him because he had given too much evidence against the criminal gangs that happen to exist in that country. Although the country is generally safe, that individual had to leave a beautiful home, a successful practice and quite a well-to-do lifestyle in that country because his life was in danger. The person has now gone through several stages of applying to be a refugee, which is very difficult to establish for an individual coming from such circumstances.

The bill would probably send that person back to that country to probably be killed because that country is designated as safe country, and that is wrong. The minister needs the ability to find exemptions. Individuals need to access to the legal system and access to justice, but that is being denied them by this 15 day maximum time period.

I also want to talk a bit about the old Bill C-4, which is now rolled into this bill, the Sun Sea and Ocean Lady part of the bill that suggests that persons who the minister, again leaving the power in the hands of one individual, a different minister this time, declares as irregular arrivals would make victims of those individuals.

We have heard over and over again about how the government is on the side of the victim. It is not here t in this bill. Those individuals who were innocent until they arrived in Canada are now the victims and are now to be punished by being incarcerated the day they set foot in Canada as soon as the minister declares that arrival to be an irregular arrive, which clearly would have been the case with the Sun Sea and the Ocean Lady, and probably many other arrivals we do not even know about that the minister is keeping tabs on.

That is wrong. It is wrong to create victims where victims do not exist. We all agree that persons who engage in human smuggling ought to be punished, ought to be rooted out and ought to be held to account. However, not the individuals who are seeking refuge in this country and found that the only way they could get here was through this kind of mechanism. That is how desperate people are in these countries. They accept that they need to get here through human smuggling because they have no other way to get here. We have now made victims of those individuals and that is not in keeping with what the government keeps telling us that it is all about.

We are, in fact, on the side of the victims. We are, in fact, on the side of the individuals who have been persecuted in their own country, escape by whatever means and who should not be victimized. They should not be made into criminals merely because of the means of their arrival in Canada.

The final little piece of the bill is making e victims of children. In the previous bill, Bill C-4, the government forgot that persons under 16 probably should not be slapped in jail. What has it done? Instead of saying that the parents of children under 16 will not be put in jail, the government has now said that the parents will be put in jail but the children will not. Where will that leave the children? What kind of message does that send?

I will wrap up by saying that we should not be making further victims of the children who come to this country as refugees but that, apparently, is what the bill would do.

[Joe Daniel, Conservative, Don Valley East, ON]

Mr. Speaker, I am very pleased with this opportunity to rise in support of Bill C-31, protecting Canada's immigration system act. This legislation would strengthen Canada's immigration and refugee program in a number of very important ways.

The legislation before us would build on our government's already impressive track record for welcoming newcomers, while preserving the integrity of our borders and taking action to crack down on those who abuse our generosity. Our government will be increasing the number of refugees we will resettle in Canada by 20% year over year. We will be increasing the number of resettled refugees by 2,500 additional refugees. This is on top of the fact that Canada is already receiving one resettled refugee out of every ten in the world. Canada has a very strong track record of providing assistance and sanctuary for refugees who are in genuine need of protection. Under our government, that track record has markedly improved.

As the Prime Minister has noted in the past, Canada not only has, relatively speaking, the largest immigration program in the world and the most generous system of sanctuary for refugees in the world, we also have a level of public support for immigration that is unparalleled anywhere else in the world. Canada welcomes thousands of new immigrants and refugees every year through one of the most generous and fair refugee systems in the world. Since 2006, the Conservative government has welcomed the highest sustained average of immigration in Canada's history. This is a source of pride for our government and a reflection of the generosity of our nation.

However, while Canadians are generous, we are not naive. Canadians will not tolerate those who abuse our generosity. Canadians will not tolerate the acts of sophisticated criminal organizations whose only motive is profit and who prey on those who seek a better life by making promises that they can get them into Canada. Bill C-31 therefore introduces important reforms to deter individuals and organized crime groups from engaging in illegal and dangerous human smuggling operations.

In 2010, Canadians were given a sober reminder that our country is not immune from organized criminal groups intent on making a profit from human smuggling. The arrival of the migrant vessel Sun Sea came less than one year after the arrival of the Ocean Lady. The fact that these vessels reached our shores less than 12 months apart clearly demonstrates that human smuggling networks are targeting Canada as a destination and that they can use the generosity of our immigration system and the promise of a new life in Canada as a means of profit.

Recent international media reports of a massive smuggling ring headed for Canada that was recently dismantled in Togo are a reminder that human smuggling is a problem that will not go away. Human smuggling is a crime that recklessly endangers lives. We must take action now so we can address the challenges confronting us.

Yes, Canada is a welcoming nation but our government has clearly stated that we cannot tolerate the abuse of our immigration system, either by human smugglers or by those who are unwilling to play by the rules. Canadian immigrants who waited in line have no tolerance for those who use illegal means to jump the queue. That is why today our government is moving forward with the protecting Canada's immigration system act. Through this act, our government would crack down on those criminals who would abuse our generous immigration system and endanger the safety and security of Canadian communities. We would ensure the integrity and fairness of Canada's immigration system for years to come.

Among many measures under Bill C-31, our government would: enable the Minister of Public Safety to declare the existence of a human smuggling event and make those involved subject to the act's measures; make it easier to prosecute human smugglers; impose mandatory minimum sentences on convicted human smugglers; and hold ship owners and operators to account for the use of their ships in human smuggling operations. It is important to note that, unlike Bill C-4, Bill C-31 includes an exemption from detention for minors under the age of 16. Under this act, our government would also reduce the attraction of coming to Canada by way of an illegal human smuggling operation.

This includes measures like: preventing those who come to Canada as part of a human smuggling event from applying for permanent resident status for up to five years should they successfully apply for refugee status; ensuring the health benefits participants receive are not more generous than those received by the Canadian public; and preventing individuals who participate in human smuggling events from sponsoring family members for a five-year period. These measures are tough, but they are fair.

All Canadians expect our borders and shores to be protected and secure and our generous system protected from abuse. To those who want to jump the queue or target Canada for criminal gain, these measures would be a message: Canada will not tolerate human smuggling.

Human smuggling provisions in Bill C-31 have been widely praised. This is what Michael Deakin-Macey, past president of the board of directors of the Victoria Immigration and Refugee Centre Society said:

Canada is a generous country with an immigration system that treats both immigrants and refugees very well, however there are those who are not willing to wait their turn in line and criminals who would profit from this. Instead, they want to jump the immigration queue and make their way to Canada through any means available to them, often bypassing several hospitable countries and travelling halfway around the world to land on our shores.... As a result of this human smuggling, honest and legal would-be immigrants who are waiting patiently and anxiously in the queue are penalized while the smuggled refugees' claims are processed.... To all reasonable observers, the criminal enterprise that is human smuggling is an abuse of both Canada's generosity and the honesty of all the other immigrant applicants.... We are pleased that the Government has sent a clear message that it will not be tolerated, and we welcome the introduction of the legislation preventing human smugglers from in effect creating an unfair two-tier immigration system, one for the impatient rich and the other for the honest applicant.

The measures which our government is introducing in Bill C-31 would enhance our ability to crack down on those who engage in human smuggling and who try to exploit Canada's generous immigration system. They would strengthen our ability to protect Canadians from criminal or terrorist threats. They would respect our international obligation to provide assistance to those legitimate refugees who need our protection and help to start a new and better life.

From coast to coast to coast, Canadians want to help those in need or those who genuinely need our protection. That does not make us naive and it does not make us pushovers. Canadians want tough but fair measures to stop those who would abuse our generosity from becoming part of Canadian society. That is why our government is taking action. That is what our government is doing today and this is what we are going to continue to do in the future.

I urge all members to support this important piece of legislation.

[Wayne Easter, Liberal, Malpeque, PE]

The minister claims that is wrong. He will have the opportunity to stand and explain that. Certainly our interpretation of the bill is that is the case. Giving this particular minister all this power is indeed worrisome.

Allowing the minister to determine which groups were irregular arrivals would give the minister too much discretionary power with very little accountability.

I asked the previous member from the Conservative Party who would outline the safeguards. I really did not hear any safeguards that would amount to a whole lot.

The removal of an appeal process for those originating from a country on the safe list or from those identified as being part of an irregular arrival would not afford due process. We all know that due process is extremely important. We do not see due process in this section of the bill.

Our party is opposed to the lengthy, warrantless detentions coupled with an unfair review process where the first review would only occur after 12 months. The policies proposed really constitute cruel and unusual punishment. There should be balance in this kind of legislation. There does not seem to be balance or fairness in the act in terms of how the bill would affect people's lives. They come here, maybe abused by others in other countries and other systems. We need to protect those individuals. They come here with dreams and could find them so much dashed.

We do believe in reforming the system so that processing times are fair and reasonable for refugees. We do not think the bill does that to the extent that it should. As I outlined at the beginning, the amount of authority given to the minister is beyond.

The legislative proposal of the bill has quite a number of impacts. It would allow the minister to create a safe list of countries identified as being designated countries of origin. Claimants from those designated countries of origin would be subject to specific guidelines, including expedited application processing and denial of access to the refugee appeal division.

It would allow the minister to determine who was part of an irregular arrival, and therefore a designated foreign national. Designated foreign nationals would not have access to the refugee appeals division.

The bill would include all the proposed changes that, if members will recall, were in Bill C-4. However in Bill C-31, minors, those under the age of 16, would be excluded from the mandatory detention. On that we would have to say congratulations for that slight change.

Biometric data would be required from temporary resident visa applications or those applying for a study or work permit.

Refugees would be at risk of losing protection status. Changes would be made through the bill to prohibit individuals from applying for humanitarian and compassionate consideration while awaiting an IRB decision. Failed refugee claimants would not be able to apply for a year following negative refugee decisions. Those are the kinds of impacts that we see in the bill.

As a party, we cannot support the bill. In addition to the humanitarian and constitutional issues raised by the bill, key points which we oppose include the following: the ability of the Minister of Public Safety to unilaterally determine which groups would be irregular arrivals and, as I said, that would give undue power to the minister; and the ability of the minister to unilaterally determine which countries would belong on the safe list and would be designated countries of origin.

Again, what would be the absolute criteria in terms of making those decisions? Maybe the minister, if he does get up, could explain that further. There have to be more criteria than what we see in the bill currently, so that there would not be just political considerations on the part of the minister to make these decisions.

Another point is the lengthy mandatory detentions related to those deemed designated foreign nationals and the lack of a timely review process.

On this, Canadians are concerned, and rightly so. I would say that the government is correct in saying that there are concerns out there. When there are people who enter the country improperly, it does take too long to get decisions made for many in the refugee process. If people have to be removed from the country, it is a long and burdensome process.

Canadians are dissatisfied with that. It needs to be addressed through legislation. It has to be done in a way that is fair and balanced, and includes due process. We are concerned that at the moment it does not.

The last point I would make is that we are concerned about the removal of the appeal process of designated foreign nationals and individuals from designated countries of origin.

[Judy Foote, Liberal, Random—Burin—St. George's, NL]

Mr. Speaker, I welcome the opportunity to speak to 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.

While I listened to the debate on Bill C-31 with great interest, I noticed a very disturbing and continuing trend by the Conservative government. Attention must be drawn to the irresponsible and undemocratic procedural tactics used by the government during this debate.

Through Bill C-31, the government has continued to display its fervour to obstruct the parliamentary process. On Monday, March 12, the government broke its own record for silencing debate. The Conservatives' mind-boggling 18th declaration against democratic debate in the House of Commons is an affront to the majority of Canadians who did not vote for the Conservative Party in the last election.

The Minister of Citizenship, Immigration and Multiculturalism falsely claims that his government has the authority to ignore the opposition because it received the majority of seats in the last election. By unnecessarily limiting debate, the government is directly stifling democracy.

Canadians elected members of Parliament of all parties to defend their interests. It is reprehensible when this government prohibits the representatives of all Canadians from making their views known. The only explanation for such action must be that the Conservatives are afraid that too much debate will expose the many flaws in their illogical legislation.

This is not the first time the government has introduced a time allocation motion but the 18th time in under a year. Time allocation is only one procedural method that the government has abused to deny Canadians proper, transparent and democratic debate.

Previously the Conservatives twice prorogued Parliament, preventing members of Parliament from representing their constituents in the House of Commons. It is not only in the House that the government has prevented open debate. In committee, we see the Conservatives dangerously abusing motions to go in camera far too often. What is the government trying to hide? It is a good question. Why does it fear transparency? Why can it not be honest with the Canadian people and debate the validity of their ideas instead of abusing procedural tactics?

Furthermore, Bill C-31 undermines the study on biometrics now under way at the Standing Committee on Citizenship and Immigration. I am surprised that the minister would include biometrics in the bill, not because biometrics are without merit but because the committee has not finished its study and therefore has not issued a report to Parliament. It seems the minister intends to subvert his own Conservative colleagues and the rest of the immigration and citizenship committee who have been working diligently at committee to hear from Canadians on this very important and very vital topic.

Canadians have a right to be heard. Unfortunately, the government does not have the time to listen. Sadly, this is not the first time the minister has undermined the work of the immigration and citizenship committee. The committee was previously studying the backlog of immigration. Midway through the study, the minister announced a freeze preventing people from sponsoring family members to immigrate for at least two years. Through his actions, the minister has displayed a complete disdain for the witnesses and their testimony heard at parliamentary committees. Clearly, the Minister of Citizenship, Immigration and Multiculturalism thinks he knows best and does not listen to those who testify at committee. People come to committee to be heard and provide input into this most important discussion, yet they are not given the opportunity.

Now the minister has abandoned Bill C-4 before the Standing Committee on Immigration and Citizenship could even study it, even though his own government used its majority to push the bill to committee for study. Go figure.

I find it striking that a minister of the crown could have such disdain for the committee under his portfolio. While the bill does not allow for the unconstitutional detention of those under 16 years of age, it does in fact violate the Charter of Rights and Freedoms through its use of warrantless detention for up to a year for those 16 years of age and older. I must ask the same question my colleagues have throughout this debate. What would happen to a six-year-old child whose parents were being unconstitutionally detained after a family arrived in Canada?

As I discussed when Bill C-4 was debated here in this House, in the Supreme Court's 1985 Singh decision, the highest Canadian court ruled that the Charter of Rights and Freedoms applies, not just to Canadians, but to anyone who steps foot in Canada, whether or not they arrived legally.

Within Bill C-31, as was included in Bill C-4, are provisions that would enable the government to arbitrarily name refugee groups as designated foreign nationals and permit for the legal and unjust detention of said groups for up to 12 months, regardless of whether they were legitimate refugees or not. Section 9 of the Charter of Rights and Freedoms, under the heading of Legal Rights, ensures that everyone has a right not to be arbitrarily detained or imprisoned. Section 11, under the same heading, states that any person charged with an offence has the right to be tried within a reasonable time.

Liberals do not support an erosion of our constitutional rights, and for very good reason. The path the Conservatives are pursuing is a very slippery slope that would end in the trampling of the rights and freedoms of Canadians, similar to the warrantless search and seizure in the government's Bill C-30.

In addition, Bill C-31 would entrust the Minister of Public Safety and the Minister of Citizenship, Immigration and Multiculturalism with far too much political power over our refugee system. Enabling the Minister of Public Safety to determine which groups were irregular arrivals while simultaneously enabling the Minister of Citizenship, Immigration and Multiculturalism to personally designate safe countries of origin would give the ministers far too many discretionary powers and would offer no accountability or appeal system to protect refugees from the Conservatives' politically motivated agenda.

Canadians from coast to coast to coast are concerned with Bill C-31. I have heard from constituents throughout my riding of Random—Burin—St. George's, as I am sure other members of Parliament have heard from their constituents, that this is a serious piece of legislation. It is a flawed piece of legislation that must be addressed by this Parliament.

To quote a constituent of mine from St. David's, Elin Steele says:

I am particularly concerned that decisions such as designation of “safe” countries be left to the Minister as I do not believe the level of expertise is there. I am concerned that we, as a country, are not only living up to international obligations and standards, we are not living up to our perceived status, domestically and internationally, of fairness, justice and compassion.

My constituent is right to talk about the reputation that we have as Canadians. She talks about the reputation we have in this country. She is seriously concerned about what is going to happen to that reputation and how we will be looked at by those who are looking to Canada as a safe haven. Not only has Ms. Steele written to express her concerns, but other constituents throughout Random—Burin—St. George's have, as well. What I have given here is an example of the kind of concern that exists throughout our country. If it exists in Random—Burin—St. George's, it undoubtedly exists in other parts of Canada.

As with Bill C-4, Canadians do not support the trampling of their enshrined Charter of Rights and Freedoms, nor do they support the trampling of anyone else's enshrined charter of rights. We believe in caring for others. We believe in reaching out to others. We believe in letting them know that Canadians are caring and that they are welcomed here.

The Liberal Party will continue to stand up for the Charter of Rights and Freedoms and oppose this dangerous bill. This bill that is so flawed that we have to make our views known, we have to try to get changes to the bill. Liberals believe that there must be judicial oversight and an appeal process to enshrine the internationally guaranteed rights of refugees.

Protecting Canada’s Immigration System Act

[Randall Garrison, NDP, Esquimalt—Juan de Fuca, BC]

Mr. Speaker, I rise today to speak very strongly in opposition to Bill C-31, which has been given another one of those new-speak titles, protecting Canada's immigration system act.

It is really a reincarnation of the previous Bill C-4, which I spoke against on second reading, so I will repeat some of those same arguments. Essentially this new bill has most of those same flaws as the previous bill.

I am opposed to the bill based, first, on my personal experience. In the 1980s, I became involved in refugee work, largely around the political crisis in Central America. I became the co-founder of the Victoria Immigrant and Refugee Centre and I opened my own home to refugees who fled for their lives, having had other members of their families killed or tortured as a result of violence in Central America. I also worked as an international human rights monitor in East Timor, Ambon in Indonesia and in Afghanistan. Therefore, I have seen the situations which create the international refugees who seek safety for themselves and their families in Canada.

I am also opposed based on my concerns about the bill being a violation of both Canada's Charter of Rights and our international obligations, in particular, the designation of certain claimants as irregular arrivals and creating a second class of refugee claimants who are subject to various severe measures, including potential detention for a year.

Members on the other side like to the point to the fact they have improved the bill because now children will not be kept with their parents in detention, but will be sent into some limbo outside detention.

The bar on applying for permanent residency status for five years means it would be very difficult to reunify families because individuals would also not be allowed to sponsor their families for five years and would have no access to the refugee appeals division.

It is also based on my general opposition to the new-speak we see again and again on the other side of the House in taking away the status of permanent resident, which would imply, once an individual is granted it, they would be allowed to stay in Canada permanently. Under the bill, a permanent resident would no longer mean permanent. It would be subject to a decision of the minister to decide whether individuals could stay in the country or whether they would have to go back. Individuals, having brought their family to safety, having established themselves in Canada, after an arbitrary decision by the minister, they could be forced to leave and return to that country and give up all the progress they have made in re-establishing their lives.

It is also based on my doubts about how we have come to have the bill in front of us. The previous bill, Bill C-11, passed in the previous Parliament, was a compromise between all parties working on the immigrant and refugee system, but it was never allowed to work.

What we have before us is another unfortunate example of what I call government by headlines and the politics of resentment. In particular, in Conservatives speeches we hear lots of reference to queue-jumping, to exploiting our generosity and playing on the emotions of Canadians about somehow, someone getting something to which he or she is not entitled.

The Conservatives like to pick the extreme examples. They like to pick the exceptions, which no one would support, and then attempt to make public policy on those exceptions.

I am also opposed to this because it is another case of a policy based on the concept of deterrence, which the government likes to use in criminal justice. It is a concept which has no basis in fact. Tough penalties would of course deter law abiding citizens. As one of the witnesses who appeared at the public safety committee said, “Yes, tough sentences deter you and me because we have something to lose. They deter all law-abiding citizens who understand the concept of community. They do not deter criminals”.

They certainly would not deter genuine refugees fleeing for their lives and they certainly would not deter the profiteers engaged in human smuggling. They already face maximum penalties of up to $1 million and life sentences. Therefore, if tough penalties were deterrents, we would see no human smuggling because there are no penalties bigger than that in the Canadian legal system.

However, make no mistake, I believe in deterrents based on what actually works. If we look at all the literature on criminal justice, it is the same things that also apply to refugee claimants. What works is the certainty of being caught and the swiftness of prosecution. Therefore, the certainty that a bogus claim would be identified and the speed with which that claim would be dealt with is what would deter those claims, not making restrictions on legitimate refugee claimants' rights and their ability to access the process.

The real solution is to apply more resources to the front end of our existing system so that those who make claims know that their claims will be dealt with in a matter of weeks or months, not a matter of years, and they know that bogus claims will not succeed in our system.

The government appears to set out some very nice targets in the bill that these new categories of refugees will have to meet, but in the absence of new resources the government will not meet those targets either. Therefore, we will pass a bill, which endangers the rights of many legitimate refugees, without achieving the swiftness the government claims will result from these measures because it will not have the resources in the system to actually accomplish this.

I will now turn to what I think is the most serious flaw in the bill, which is the process of designating certain countries as safe countries. This is a flawed concept and, once adopted, creates another second class of refugee claimants and provides severe restrictions on the rights of those who come from what is designated a safe country and on their ability to make effective refugee claims.

There was a compromise reached in the previous bill, Bill C-11, which said that safe countries could be designated, but it would be done by a panel of experts, not the minister, and the designation would allow for the exemption of certain geographic areas or certain classes of persons. We all know that there are certain countries where things are completely safe and other regions of the country where things might not be safe.

Under this bill, the designation of a country is either safe or not safe. It is safe for everyone in every place or it is not safe. The previous bill would have allowed the designation of women, in areas where violations of rights against women are rampant, as an exempted class, so the country might be safe for men but not for women. It would have allowed the designation of gays and lesbians, bisexuals and transgendered people, who are rarely safe in most countries around the world, as a class of people who could come from what was otherwise a safe country. The bill does not allow those designations of classes or geographic areas as exempt from the safe country designation.

Now I will turn to the particular situation of lesbian, gay, bisexual and transgendered refugees under the bill. I want to do so not just because I am a gay man and also an immigrant whose basic decision to move to Canada was, in large part, based on the criminalization of homosexuality in my country of origin at the time. It is a big part of why I stand here today. The safe country concept will have a disproportionate impact on these refugees from my community. Those coming from a designated safe country are required to make a claim within 15 days of arrival. In that 15 days they have to decide whether they would make a humanitarian and compassionate claim or a refugee claim. When I came, I would have had no idea what that meant, and in 15 days I would have had no ability to figure that out. I firmly believe that most refugees will be in that situation. As well, they have only 15 days to find legal representation. If they come from a society, and sometimes from a family, where declaring their sexuality meant great losses on a personal level and a great threat to their safety, they have only 15 days to change their mindset whether to go and talk to a stranger and confess everything that has happened in their personal life that caused them to become a refugee.

From personal experience, I can say that would have been very difficult for me to do. I know it is very difficult for the current lesbian, gay, bisexual and transgendered refugees.

There is a particularly large problem with the 15-day limit because the claimant would then appear before an adjudicator, a single individual who would have no knowledge of the situation of the lesbian, gay, bisexual and transgendered communities in the country of origin. Therefore, not only would individuals have to make their personal claim about their sexual orientation and how that made them unsafe, they would also have to demonstrate how their community was unsafe in their country as a whole. I doubt there are any refugees from the lesbian, gay, bisexual and transgendered communities who would be able to do so in that 15-day period.

Without identifying the individual, I want to talk for a moment about a refugee who came from the Caribbean when he was 17 years old. His life was threatened when it was found out that he was gay. Every day he went to high school in a taxi, paid for by his aunt from Toronto so that he could finish high school at home. Then he was spirited to Canada. When he went to make a refugee claim, he did not want to talk about the personal experiences that made it necessary for him to flee. He did not want to confess to being gay even to his lawyer. It took six months for his lawyer to get the full story from him and then document what had happened to him in his country of origin. Therefore, to try to do that in 15 days is virtually impossible.

What is the real solution here? The Canadian Council for Refugees said scrap the bill. I certainly stand with it here today. The Canadian Bar Association has expressed its concerns about charter rights violations. Amnesty International said that the bill fell far short of Canada's international obligations.

What would I suggest? I would suggest that we go back to letting Bill C-11, the compromise bill, work and that we ensure the government provides a proper resource system so Canada can continue to be a safe place for refugees, genuine refugees, from around the world to make their home.

[Mark Warawa, Conservative, Langley, BC]

Mr. Speaker, it is an honour to represent the incredible people of beautiful Langley, British Columbia.

I thank the member for Brampton—Springdale for his commitment to improving the Canadian immigration system. He is an inspiration to all of us in this House. I wish more people had the passion that he has to ensure we have an immigration system that is well protected.

This is a great opportunity to speak to this bill before us today. We do need to protect Canada's immigration system and I believe that Bill C-31 would allow us to do just that. This legislation would help us maintain the faith that Canadians have in our immigration and refugee system. Our great nation has been built on the hopes and ambitions of people from other countries who choose Canada as a home and we continue to depend on contributions of newcomers to help preserve our prosperity and the wonderful quality of life that we experience in Canada.

For that reason, Canada opens its doors to more than a quarter of a million immigrants and refugees every year. In fact, since 2006, our Conservative government has welcomed the highest sustained average of immigrants in Canadian history. Is that not incredible? We have a well-earned reputation around the world for the generosity of our immigration and refugee system.

Unfortunately, though, this generous reputation has made us a target for criminals who want to abuse our system for their own gain. I am talking about the crime of human smuggling. I am sure all members have heard of and recall the irregular arrival of the Sun Sea in our waters off British Columbia in August 2010 with its 492 passengers. That incident and others have shaken the faith of Canadians in our immigration and refugee system. They fear some immigrants may have links with organized crime or even terrorist organizations. Canadians wonder if authorities can assess and expedite the entry of so many people into Canada at once without making a mistake. They might well ask that because, frankly, our current system is not designed to process quickly such an influx of people or complex cases arising from transnational, sophisticated human smuggling ventures.

That is why a key provision of Bill C-31 would allow us to bring in new rules to deal with irregular arrivals. Currently, for example, an immigration officer can detain a foreign national entering into Canada. This would include where the officer is not satisfied or not certain about the person's true identity. The Immigration and Refugee Board reviews these kinds of detentions within two days. If the person is still in custody, the board will look at that case again within seven days. Subsequently, it can look at it every 30 days after that.

Our current system is not meant to deal with mass arrivals in one location, which is what can often happen with human smuggling. As a result, authorities do not have adequate time for complete and proper identity, admissibility and security checks. We have a problem then. Depending on the complexity of the case, a security check can take days, weeks or even months. If a person arrives with no documentation, as is often the case with people who arrive en mass, the process can literally take years to complete. The reality is that the people carrying out human smuggling know this is how our system works.

I hope that all members, particularly those in the opposition, will change their minds and support this legislation.

Under this proposed legislation, the Minister of Public Safety would declare the arrival of groups as irregular in two situations: one, if the minister believes the identity or admissibility of the arrivals cannot be determined in a timely manner; two, if there are reasonable grounds to suspect criminal elements or terrorist groups are engaged in human smuggling for profit or for the benefit of, at the direction of or in association with a criminal organization or terrorist group.

If the minister does designate the group as an ”irregular arrival”, then authorities would detain all the individuals who have arrived under these circumstances. These individuals would remain in detention until the Immigration and Refugee Board determined they were refugees. Under the proposed changes to our asylum system, this would take only a few months in many cases. If, after a year, an individual still has not been identified and is still in custody, the board would review his or her case and decide whether there should be continued detention or release.

I want to stress that the legislation would give the minister power to order early release in exceptional cases. I also want to point out that those under 16 years of age would be exempt from detention. I want to ensure the members of the opposition hear that. This is an important change from the previous human smuggling bill, Bill C-4. The opposition members do not like to hear the truth, unfortunately, but they have heard the truth and I hope the truth will set them free.

The proposed changes would give authorities the time they need to do proper background checks into identity and admissibility. This is absolutely crucial. When individuals with ties to organized crime or terrorists slip into our country they put the safety and security of all Canadians at risk.

On one hand, these incidents reinforce Canada's reputation as an easy target for human smugglers. On the other hand, they undermine the faith of Canadians in their immigration refugee system.

Our country needs newcomers to keep us strong. We can ill-afford for Canadians to lose trust and confidence in how we welcome immigrants and refugees. Our government is determined to address these challenges head on.

Centuries ago, when the first newcomers came to our shore, they harboured no thoughts about organized crime or terrorism, as some do now. They simply wanted a better life for themselves and their families. This same wish has drawn many people to Canada ever since. In 1906, my grandpa, my gido and baba came from Ukraine to Canada for a better life. As newcomers continue to take advantage of all our opportunities, they also contribute to our collective wealth in all sense of the word.

Together, to the envy of the world, we have woven a fabric that is a model of tolerance, compassion and prosperity. We cannot take this achievement for granted though. Indeed, as I speak, human smuggling is pulling at the fabric and threatening to unravel.

Irregular arrivals, like those on the Sun Sea, are making many Canadians question the merits of our immigration and refugee system. It will be a sad day indeed if our country loses faith in the merits of what new arrivals can bring us, so we must guard the vision of Canada closely. We must refuse to let criminal elements exploit our goodwill for their own ends. We must reassure all Canadians that we are ready to strengthen our immigration and refugee system. We must act now.

The provisions I have highlighted would give authorities more tools to manage large influxes of irregular arrivals. Officials would be able to do the necessary checks into immigration security and identity in order to protect Canadians. Other provisions would hold shipowners and operators accountable for their actions, including increasing the penalty for offences under the Marine Transportation and Security Act.

There are also proposed changes to our smuggling offence, including the imposition of mandatory minimum penalties for persons convicted of smuggling. We know the opposition does not support getting tough, including mandatory minimums, but the courts need that guidance. These changes would go a long way to keep smugglers from doing their evil deeds in Canada.

We all need to get together and support this legislation. I thank the world's best environment minister for the incredible job he has done.

[Roxanne James, Conservative, Scarborough Centre, ON]

Madam Speaker, I am very pleased to rise today and have the opportunity to speak on Bill C-31 protecting Canada's immigration system act.

Canada has the most fair and generous immigration system in the world. However, our immigration system is open to abuse. Canadians are generous people, but we have no tolerance for those who abuse that generosity and who take unfair advantage of our great country.

Canadians have told us, loud and clear, that they want us to put a stop to this type of abuse. Our government has listened and we are taking action. That is why our Conservative government introduced Bill C-31. It would make our immigration system faster and fairer. It is the latest step by our government to ensure that our immigration system is no longer abused by foreign criminals, bogus refugee claimants and human smugglers.

This bill includes three major components. First, it includes much needed reforms to our refugee system. Second, this bill includes the provisions in C-4, preventing human smugglers from abusing Canada's immigration system act. There is one important difference to note. It has been brought up in the House today, but it is important to stress once again, that there is now an exemption from detention for anyone under the age of 16.

Third, and the focus of my remarks today, is that this bill would provide the government with the authority to collect biometric data, specifically fingerprints and a photograph from foreign nationals who seek to enter Canada.

Canada welcomes thousands upon thousands of visitors each and every year, tourists, family members and business people, among others. In 2010, under our Conservative government, over 920,000 temporary visa permits were issued. That is a 13% increase compared to the previous Liberal government.

We have also increased the maximum length of multiple entry visas from 5 to 10 years to make it easier for eligible applicants to visit Canada and come back. Our government introduced the parent and grandparent super visa so that loved ones can visit their children and grandchildren for a period of up to two years at a time. Since 2006, our government has also lifted visa requirements from eight countries: Taiwan, Poland, Slovakia, Croatia, Estonia, Latvia, Hungary and Lithuania.

Our government is facilitating the travel of legitimate travellers to Canada. I want to stress the word “legitimate”. It is no secret that there are countless numbers of people, each and every year, who are not allowed to come to Canada and who nevertheless find their way in.

There are countless examples on almost a daily basis of violent criminals, terrorists, human smugglers and war criminals, among others, who have entered Canada using false or fraudulent documents. There are several examples of criminals entering Canada on multiple occasions even after they have been deported. There are even examples of criminals re-entering Canada using false identities and documents up to 15, 19, 21 different times.

We must take action. We cannot allow this to continue. This has to stop. Biometrics would help our government end this fraud and the obvious abuse. Biometrics would help our government protect the safety and security of all Canadians. That is one of the number one priorities of any government. Biometrics is one of the most effective ways to correctly identify individuals. Biometrics would be an important new tool to help protect the safety and security of Canadians by reducing identity fraud and identity theft. As fraudsters become more sophisticated, biometrics would improve our ability to keep violent criminals and those who pose a threat to Canada out of Canada.

Let me explain how biometrics would work. When foreign nationals apply for a visa to enter Canada, they would go to a visa office or one of the many visa application centres located around the world. They would provide their fingerprints and have a high quality, digital photo taken.

This data would then be checked against other databases. If no flags were raised and they met all other criteria, they would be provided with a visa to visit Canada. However, if a flag were raised and a person found to be inadmissible, that person would be denied a visa to enter Canada.

When the visa holders enter Canada, they would again be asked to provide their biometric data. This would ensure the person who is entering Canada is the same person who provided the data when he or she applied overseas and who was approved to travel on that visa.

In other words, we must ensure that “who applies is who arrives”. Needless to say, biometrics would be an effective security tool.

Understandably, there are concerns about privacy when it comes to the collection of biometric data. I would like to be perfectly clear. Biometric data would not be required of Canadian citizens or permanent residents. The personal information of visa applicants would be used, retained, shared and disposed of in accordance with Canada's privacy laws. Citizenship and Immigration is working closely with the Office of the Privacy Commissioner on the implementation of biometrics. In fact, the Privacy Commissioner's office has stated that it is “satisfied that CIC is taking its privacy responsibilities as part of the protocol seriously, and with the fact that it has been receptive to much of our advice”.

It is also important to note that if someone acquired Canadian citizenship before their biometric data was due to be disposed of, it would be disposed of immediately upon the individual receiving citizenship.

The collection of biometric data makes such common sense that the only question it begs is why it was not done decades ago. In fact, it was done decades ago in many other countries around the world. Bill C-31 would finally put us in line with other countries, such as the United Kingdom, Australia, countries of the European Union, New Zealand, the United States and Japan.

Biometrics would not just help our government keep those who pose a threat out, it would also facilitate the travel of legitimate visitors, and again I stress “legitimate“. It could lead to faster processing times.

There has been widespread support for biometrics. In fact, a Globe and Mail editorial on Bill C-31 stated:

The bill will also implement biometric identification, such as fingerprints and photos, for people who apply for visitor’s visas. This welcome change will guard against the use of false identities.

A Montreal Gazette editorial gave the following praise. It stated:

And it allows for the collection of biometric data--fingerprints and digital photos--of people entering Canada on a visitor visa, a work permit or a study visa. Both of these measures are advisable.... The collection of biometric information is a sensible security precaution that will be a valuable tool in preventing people from slipping into the country with false identities.

I know that all Canadians want our government to strengthen our security screening process to ensure that serious criminals, terrorists, bogus refugee claimants and war criminals, among others, are not permitted to enter Canada. My constituents in Scarborough Centre do not want these criminals to be able to enter Canada or live in our neighbourhoods. I am certain the NDP and Liberal MPs' constituents do not either. That is why I was so shocked to learn that the opposition parties, both the NDP and the Liberals, are voting against this bill and against the use of biometrics. Not only do they oppose the provisions to give the government the authority to collect biometrics, they also voted against the funding necessary to start the collection of biometric data. In other words, the NDP and Liberals have voted against and continue to vote against one of the most important measures to prevent criminals and terrorists from entering our great country. They are voting against a tool that would help protect the safety and security of all Canadians, including their own constituents. For that they will be held accountable.

Bill C-31, protecting Canada's immigration systems act, would make our immigration system faster and fairer. Most importantly, it would help protect the safety and security of all Canadians. I implore all members of the House to support this important and much needed piece of legislation.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, when the member for Vancouver Centre spoke, the minister took exception to some of her comments. I take exception to the minister's comment. It is not just opposition members who are concerned about the lack of respect toward our Constitution and charter.

I would like to refer to a fairly telling statement by one of the lawyers for the Canadian Association of Refugee Lawyers. It refers to Bill C-4, which of course is now Bill C-31, and states that the “proposed mandatory, unreviewable, warrantless, year-long detention is patently unconstitutional”.

I wonder if the member would acknowledge that there are many lawyers across this country who have experience in dealing with these matters, have grave concerns about the constitutionality of this legislation and believe that, in fact, there may be a need for amendments so that it would pass—

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

Madam Speaker, I will be sharing my time with the hon. member for Vancouver Centre.

In a speech he delivered in the House when Bill C-4 was introduced, the Minister of Immigration said that we needed this bill's harsh measures against asylum seekers in order to communicate to them in no uncertain terms that Canada's streets were not paved with gold and that Canada was not the place for them.

As a case in point, the minister said that asylum seekers believe they will be given $50,000 upon arrival in Canada. We know this, obviously, is not the case. There are no such pots of gold awaiting refugee claimants at Canadian border points. This false and, ultimately, disappointing picture for asylum seekers of the easy prosperity that supposedly lies at the end of a long, arduous and sometimes deadly boat trip across the seas has been attracting the world's poor, persecuted and downtrodden to North America for well over a century. As well as the very real promise of freedom, this has been a point of attraction for immigrants and refugees who desperately seek a better life free from violence or squalor.

I do not think the minister's speech nor the bill would change this fact. We also need to realize that there is a flaw in the argument that Bill C-4, which is now part of Bill C-31, somehow will discourage people from coming to Canada.

The minister assumes that we live in a world of perfect information as the neo-classical economists regularly assure us in their economic models, but the fact is that would-be asylum seekers are fundamentally unaware of what awaits them here beyond the images they have borne of a hope they often desperately cling to. Indeed, not even the minister can extinguish the hope that is, in some ways, the psychological and emotional sustenance on which many people around the world living in harsh conditions survive.

It is a given that asylum seekers have a distorted view of the benefits that await them here in this country. There is no $50,000 pot of gold that awaits them when they arrive here. The corollary of course is that they also have a distorted view of any negative consequences that might await them should they arrive as refugee claimants aided and abetted by human smugglers. They cannot be expected to have accurate knowledge of the measures in Bill C-31, the measures imported from Bill C-4, that have been created in an attempt to discourage asylum seekers from coming to Canada.

Not only are would-be asylum seekers misinformed about what awaits them in Canada but many Canadians who have access to the 24-hour news cycle and who are generally well informed are themselves unaware of the manner in which Canada treats refugees upon arrival. I am sure many members in the House have received a chain email which I have been receiving if for about eight years now. I have been getting this email from highly educated Canadians, friends of mine, good people, good Liberals who believe in individual rights and who want fair treatment of immigrants and refugees. However, because it comes in on the Internet there is a tendency to take it at face value. I will quote from the email I have been receiving and that many members have been receiving. Only in Canada. It says:

It is interesting to know that the federal Government of Canada allows a monthly pension of $1,890 to a simple refugee, plus $580 in social aid for a grand total of $2,470 monthly. That’s $28,920 in annual income.

By comparison the Old Age Pension of a senior citizen who has contributed to the development of Our Beautiful Big Country during 40 or 50 years cannot receive more than $1,012 in Old Age Pension and Guaranteed Income Supplement per month, for $12,144 in annual income.

That’s a difference of $16,776 per year.

Perhaps our senior citizens should ask for the Status of Refugees instead of applying for Old Age Pension.

That is what is circulating on the Internet here in Canada. It is so false, so prevalent and so ongoing as a form of a spam email that the Department of Immigration has actually put up a web page to try to clarify the situation.

There is a lot of misinformation both in Canada and overseas where people are getting their information from human smugglers about what awaits them here. That is true of the false benefits that await them. If we assume that, which is what the Minister of Immigration said, people think they are coming here to a pot of gold of $50,000 when they arrive, that somehow officers from the Canada Border Services Agency await asylum seekers with chequebook and pen in hand, we also have to assume that would-be asylum seekers do not know what is in Bill C-31. They do not know what was in Bill C-4. They will not be discouraged by the harsh measures in Bill C-31. Who will tell them about the harsh measures in Bill C-31. Will it be the human smugglers? Will the human smugglers tell them that they will take their money, that they will bring them over to Canada, then tell them about the new legislation that may put them in detention for a year and say that maybe they will not do that human smuggling deal after all? There is a flaw in that logic.

We all view legislation through the prisms of our respective political philosophies. For me and others in the House that prism is liberalism. Liberalism is fundamentally about the primacy of the rights and dignity of the individual. Of course, liberals recognize and understand that human beings are social animals, that we can only thrive in a group or community. Living in a group or community makes everything possible, including individual economic prosperity. A simple example is the real estate value of one's home is a function of the vibrancy of the community in which it lies: no community, no capital gain upon home resale.

Community is not only the context necessary for individual fulfillment and security. It is also a source of identity. Liberals believe in the inherent value of community, but neither Conservatives nor the NDP spread misinformation on this point. Liberals are communitarians. We believe in safe streets, believe it or not. We believe in social cohesion and maintaining the social fabric.

Where we differ from the Conservatives is that we put the individual first. In a court of law or in an administrative tribunal, the focus is on the individual, not the group to which he or she belongs. In matters of justice, when we have to judge, we believe that we must judge based on the individual's unique circumstances, not the circumstances of the larger and more amorphous group to which he or she may happen to belong.

As an aside, that is why we as Liberals have trouble with minimum sentencing. We believe the circumstances of the crime and the offender must be evaluated, namely by a judge with years of legal training and experience because, as Liberals, we believe in the power of reason to find as close an approximation of the truth as we can. We believe in the ability of judges to apply reason to the facts of the case and develop a sanction that is proper to the individual circumstances, including one that is just to the victims. We believe in victims' rights.

That is also why we object to judging a refugee claimant based primarily on his or her group affiliation or country of origin. We do not believe that a refugee's treatment at the hands of the Canadian government should be judged as a function of their country of origin, in other words, on the basis of their nationality essentially, anymore than on their race or ethnicity.

I will quote Audrey Maklin of the University of Toronto's Asper Centre for Constitutional Rights, and lawyer, Lorne Waldman, both in regard to Bill C-31's predecessor, Bill C-4. They state:

The legislation also gives the minister the power to decree certain countries as “safe.” This formalizes in law the presumption that a refugee claimant from one of these countries is a fraud. Many countries are safe for most people most of the time. Refugees are usually people who are marginalized and vulnerable, so designating a country as safe tells us nothing about the risks faced by the people likely--