Bill C-4 (Historical)

Preventing Human Smugglers from Abusing Canada's Immigration System Act

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

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

Preventing Human Smugglers from Abusing Canada's Immigration System Act

[Massimo Pacetti, Liberal, Saint-Léonard—Saint-Michel, QC]

Mr. Speaker, I am not as old as the member is, so I was not here for the Clarity Act, but I want to thank the member for having thought that I was here for such a long time.

Basically I do not understand why the government would not refer the bill to the Supreme Court. It would cost less, but we are trying to make other people rich, I suppose, and that is the only way the government does business.

Second, in terms of why the government is targeting the most vulnerable, it is because they are not the people who vote for the Conservatives. That is the only thing I can think of.

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

Mr. Speaker, I am going to pack five little points into my brief question.

First, my colleague asked where it will end. I think it will end if he reads the bill, because he misstates significant provisions of it. Yes, the captains of the boats would be penalized. Yes, those who launch the boats would be penalized.

Second, he misses the point completely. We are trying to protect the reputation of Canada as a safe haven for refugees. It is only when we take these steps can we continue to do so.

I have met with people in Iraq and Pakistan and Afghan refugees who laud our reputation. Viktor Frankl said freedom without responsibility is dangerous to the Auschwitz survivor. We need to take these measures to protect our country as a safe haven.

I ask my friend to please read the bill.

[Massimo Pacetti, Liberal, Saint-Léonard—Saint-Michel, QC]

Mr. Speaker, I am not sure if there is a question in there. I will read the bill again on the weekend, and I will get back to the member.

However, I want to make one thing very clear: just the fact that the bill exists would not prevent this country from having any criminals. This is not about criminals. It is about making new criminals out of people who are not criminals. That is the point.

[The Acting Speaker, Bruce Stanton]

It being 2:30 p.m., the House stands adjourned until Monday next at 11 a.m. pursuant to Standing Order 24(1).

(The House adjourned at 2:30 p.m.)

The House resumed from September 23 consideration of the motion that Bill C-4, An Act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act and the Marine Transportation Security Act, be read the second time and referred to a committee, and of the amendment.

[Marie-Claude Morin, NDP, Saint-Hyacinthe—Bagot, QC]

Mr. Speaker, I was asked to speak this morning regarding Bill C-4, which would prevent human smugglers from abusing Canada's immigration system. I am pleased to rise this morning to say how much I strongly oppose this bill.

I will start by saying that this bill makes it even more clear that we have a repressive, backwards and irresponsible government that is severely lacking in humanity. I must say that this is not very surprising to me, as this bill is simply one more example, among many others. Once again, the government wants to make a disadvantaged segment of the population suffer, for unknown reasons, instead of lending these people a hand at a time when they need it most.

I am strongly opposed to this bill because every day, in my riding, refugees and immigrants come to us for help. They ask for only one thing: to live in this country with dignity; to have a second chance. With this bill, they will not get that second chance. This bill authorizes an officer or the minister to refuse to consider applications for permanent residence. How can we grant this power to an individual when the applicant may be in danger? What criteria will the officer or the minister use? Will they refuse applications based on how they are feeling that day? This bill would give them the power to do so.

I do not think that the government understands that being in power means making decisions for the well-being of the entire population, by consulting the people and listening to their needs and by avoiding randomly and unfairly punishing people who are simply seeking refuge. Being in power does not mean authorizing oneself to single-handedly make a decision that could have a huge impact on the lives of several people or even several families. This bill would require some individuals to report to an immigration officer and to respond to all of his questions for no real reason. That is discrimination, pure and simple.

How can we convince people to establish themselves here if we treat them as detainees as soon as they arrive, without knowing the full story, and without even knowing why they chose Canada? Under this bill, claimants, including children, will automatically be detained when they arrive or at the moment they are designated. How can the government violate international rules that were created for the well-being of all communities? This would leave the door open for indefinite or arbitrary detentions. Where are we headed? Where is our country headed? It is a great place to live, a place where immigrants are welcome and where we extend a helping hand to refugees so that they can see a bit of light at the end of the tunnel.

Under this bill, a designated person cannot apply for permanent residency for five years. Five years. Then, if the person breaches any of the conditions imposed, this period can be extended by five or six years. A person could wait more than five years to see their family members who remained overseas. In addition, designated persons are prohibited from leaving the country until they receive permanent resident status. Not only are they kept from bringing their families to Canada, but they are also prohibited from going to visit them. What has happened to the family values that we have always defended here? Can someone tell me? Does the government have this little respect for the family unit, the first community where a human being grows and flourishes? The minister must not know what it is like to be separated from loved ones for five years; otherwise, he would not be trying to impose such rules.

This bill would punish refugees or those trying to help them instead of punishing the criminals—the smugglers and traffickers. This proposed refugee process is arbitrary and completely discriminatory.

A few months ago, Parliament passed balanced legislation concerning refugees. It would make a lot more sense to simply enforce that legislation better, instead of treating these people like criminals, when they simply need a helping hand. Furthermore, in Australia, similar laws met with opposition from Amnesty International, which started a campaign to condemn the misinformation surrounding refugees who arrive by boat. This government is alienating the international community and severely damaging our reputation. We have a responsibility towards refugees. We do not have the right to treat them this way.

We in the NDP recognize this responsibility, unlike the Conservatives, who want to evade it. This approach flies in the face of our country's commitments under the Convention Relating to the Status of Refugees and the Convention on the Rights of the Child. This is not the right legislation to put an end to human trafficking.

Do we want to be recognized as the country where refugees are discriminated against? Where no one wants to go and settle for fear of being detained and treated like a criminal? Where people, if they choose to live here, risk having to go without seeing their loved ones for over five years?

We are losing our values of openness, tolerance, giving, social justice and equality. Many groups strongly oppose this bill. The Canadian Council for Refugees completely rejects this bill. Amnesty International Canada said the bill would lead to serious violations of the rights of refugees. The Canadian Civil Liberties Association says these measures are simply not necessary. Why would we apply measures that are not necessary? The Canadian Bar Association says that this bill violates Canada's international obligations regarding the treatment of persons seeking protection. As I was saying earlier, we have a responsibility to refugees and the government is refusing to treat refugees fairly.

A group of experts from the Centre for Refugee Studies has described this bill as draconian. I think these groups know what they are talking about. Earlier I was saying that we need to listen to the concerns of the people. Here we have flagrant examples of a government doing exactly the opposite. This bill could violate a number of legal provisions, including those pertaining to equality before the law and arbitrary detention. Bill C-4 is contrary to the UN Convention Relating to the Status of Refugees.

As I was saying earlier, we are tarnishing our international reputation and that is serious.

I will say again: I am strongly opposed to this bill because we have a responsibility to refugees. The government does not have all the rights. No. It would be a serious mistake to ignore these responsibilities in the name of security, especially when we consider that this bill will not in any way—not in any way—stop human trafficking.

I welcome any questions my colleagues might have.

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

Mr. Speaker, I would like to thank my colleague from Saint-Hyacinthe—Bagot for her very passionate and clear speech on the issues in this bill.

My colleague mentioned that a number of organizations are opposed to the bill because it infringes on the rights of refugees. It is well known that my parents came from Vietnam, and many Vietnamese people have arrived by boat. Could my colleague talk about the repercussions of this bill for refugees who seek asylum in Canada?

[Marie-Claude Morin, NDP, Saint-Hyacinthe—Bagot, QC]

Mr. Speaker, I thank my colleague for his question.

Some refugees who arrive by boat already need someone to lend a hand, they need help, and they need to see the light at the end of the tunnel. These people will arrive here and be detained, even the children.

It is very traumatic psychologically for a child to be detained for no real reason upon his arrival. I also believe that refugees who arrive here will not be guilty of any crimes. They will not have done any human trafficking or anything wrong. They are certainly not smugglers. They will arrive here looking for help and hoping for a second chance, but they will not get it. I believe they will want to go elsewhere, and with just cause.

[Costas Menegakis, Conservative, Richmond Hill, ON]

Mr. Speaker, the member opposite described the government members in the House as repressive and deeply lacking in humanity.

Rather than hurl insults at hon. members in the House, perhaps she could tell us what she would say to the families across the country who want to keep their streets, families and communities safe and free from danger.

I remind the member that the bill is called the “Preventing Human Smugglers from Abusing Canada's Immigration System Act”.

[Marie-Claude Morin, NDP, Saint-Hyacinthe—Bagot, QC]

Mr. Speaker, once again, I thank my colleague for the question.

As I was saying, my aim was not to insult members of the government party or anyone else. I merely wanted to present the facts, as these are the facts. I do not believe that we can jeopardize the rights of refugees in the name of security. As I was saying as well, this bill will in no way prevent human trafficking, and thus does not provide a solution to that problem. The solution is to enforce the existing law on human trafficking. That is the solution we need here.

[José Nunez-Melo, NDP, Laval, QC]

Mr. Speaker, as the hon. member for Saint-Hyacinthe—Bagot just explained very clearly, Bill C-4 is very restrictive, particularly when it comes to privileges and to the image that Canada has traditionally portrayed to other countries of the world.

I am somewhat troubled when I try to understand why the Conservative members want to once again introduce this bill and ignore the amendments that we, the members of the NDP and the members of the Liberal Party, are proposing. It is important to note the direct impacts of passing such a bill, such as the violation of the Canadian Charter of Rights and Freedoms and the violation of international treaties. I have difficulty imagining how anyone would want to pass this omnibus bill, which was already debated in the previous parliament as Bill C-49, if I am not mistaken. Many debates were held, many witnesses were heard and many facts were put on the table in this regard. The bill was not passed. However, the Conservatives are once again trying to pass this odious bill.

This is even more surprising since Canada will find itself in a difficult position with regard to international treaties if, in the end, this bill is passed as is. The government just wants to do what Australia did and it is very difficult to understand those objectives.

On top of all this, it is very worrisome to see that there will be fairly serious consequences if immigration officers are given more power. Many rights and liberties will be violated. One major problem involves the discrimination that people who are deemed to be designated claimants will face. They will not have any rights. What is even more worrisome is that these people will basically be put in prison for at least a year. This completely violates the Convention Relating to the Status of Refugees.

The New Democratic caucus therefore has serious concerns about passing this bill, as introduced by the Conservatives. We stand firm. We want this bill to be amended and we want it to give some reprieve to ensure that everyone in need—everyone who is a true refugee—is treated equally. It is important to remember that our proposals are in no way meant to be weak or condescending toward criminals or those who, for political purposes, use certain methods of transportation to transport refugees. In my opinion, immigration officers are trained and are capable of determining and knowing who the real bad guys are. The problem with this bill is that, in reality, we are lumping everyone into the same category.

And that is not acceptable.

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

Mr. Speaker, I would like to thank the hon. member for his speech on the problems that exist in Bill C-4. He said that certain aspects of the bill are contrary to the law. This bill flies in the face of international conventions and the rights guaranteed under the Canadian Charter of Rights and Freedoms. I would like to hear my colleague's comments on this, and I would also like him to explain the consequences this bill would have on Canada's international reputation.

[José Nunez-Melo, NDP, Laval, QC]

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

Everyone here has heard all about these unacceptable violations, specifically the violations of the Canadian Charter of Rights and Freedoms. When the charter was created, Canada gained respect in the eyes of the world and all the nations around the globe. Canada set an example and many countries have drawn inspiration from it. But everyone should be questioning the true objectives of this bill, as it now stands, because it violates every international convention, specifically those related to children. Putting children in jail is unbelievable; it is unheard of, the world over. Even countries ruled by dictators would not be able to propose a similar bill.

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

Mr. Speaker, I would like to thank the hon. member for his response.

Could he also explain the impact this bill might have on Canada's reputation? He spoke about the fact that this bill is an attack on children's rights. The government says that this bill targets smugglers—that is what is written in the title—but the hon. member raised the point that it will also attack the rights of refugees. Could the hon. member speak about the impact this bill will have on the rights of refugees and on Canada's international reputation?

[José Nunez-Melo, NDP, Laval, QC]

Mr. Speaker, I thank my hon. colleague for his question.

The topic of children is one that affects us all. Long ago, the ancestors of our wonderful nation of Canada built a reasonable immigration system, able to support the productive force and workers. The children of some immigrants integrate better than their parents. If the bill is implemented as it stands now, there will be some serious and unfortunately very restrictive consequences for the intellectual and physical development of the children.

The hon. members from the Conservative Party should agree to the amendments proposed by the Liberal and NDP caucuses, to ensure that we are treating children humanely and that the bill targets human smugglers more directly.