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

[Françoise Boivin, NDP, Gatineau, QC]

Mr. Speaker, it is so easy, but I will not make fun of the comment because Bill C-4 does not exist yet. So, in a sense it is going to be interesting to see how it unfolds after and what type of challenges it is going to bring on.

The point here is not the number of refugees. What saddens me is that there are such problems in some countries, where people fear for their lives and need to find a host country like Canada.

My concern about Bill C-4 does not have to do with the number of refugees. If someone is a legitimate refugee, I would hope that we would not prevent them from entering our country.

[Glenn Thibeault, NDP, Sudbury, ON]

Mr. Speaker, I rise today to voice my strong opposition to Bill C-4. The bill violates the Canadian Charter of Rights and Freedoms, as well as Canada's international obligations, such as the UN Convention Relating to the Status of Refugees.

The Conservatives are well aware that the bill is unlikely to stand up to a legal challenge if it is enacted.

However, the government feels the need to push the bill through the House of Commons, wasting the opportunity to ensure that Canada's immigration system really protects refugees and ensures fairness, and taking up time on the parliamentary calendar while Canada's economy stalls.

The bill would concentrate far too much power in the hands of the Minister of Citizenship, Immigration and Multiculturalism. He would be able to designate refugees as irregular arrivals, which would subject them to new rules, creating a second, lower class of refugees. These irregular arrivals would then be subject to mandatory detention, with no review for a year, except for at the discretion of the minister.

In effect, the minister would become judge and jury for any group of refugees which he designates.

Are there problems with human smuggling in Canada? Certainly. However, the problem lies with traffickers and smugglers, those people who profit off of people's suffering.

However, this bill would ignore those people and, instead, would target legitimate refugees, people who, by definition, have left their country of residence for fear of persecution, people who have given up everything because they fear for their lives, people who believe Canada has not only a legal obligation but a moral obligation to protect. Are these the people who the government really wants to victimize?

As I said, there are problems with human smuggling and trafficking in Canada. However, the major problem that we have with human smuggling has nothing to do with inadequate legislation, but with support and funding of the RCMP. If the government wants to address the issue of human smuggling, we should ensure that people on the front lines have all the resources they need to do their job.

Current legislation already allows for life sentences for individuals convicted of human smuggling. New legislation is not needed. What we need are the tools for better implementation of existing laws, not additional draconian legislation.

Perhaps the most disturbing provision of the bill would be the ability to arrest and detain any permanent resident or foreign national on suspicion of serious crime, criminality or organized crime.

Think carefully about what this would mean. This provision would mean that any person in Canada who is not a citizen can become detained on the mere suspicion of criminality, with no need for proof or evidence. Simple suspicion would become enough to not only arrest but to also indefinitely detain people.

The rule of law in a democracy is founded on the principle that the police's powers of arrest and detention are only legitimate if there are reasonable grounds for arrest; specifically, the notion of reasonable grounds means that there must be an objective component to the notion of suspicion. This objective component is met by evidence. Suspicion alone is subjective. There would be no way to prove whether that suspicion is warranted or not, and this would leave the system open to abuse.

While Canadian citizens would not be affected by this provision, this would set a worrying precedent. I am reminded of the famous quote by Martin Niemoller, which ends:

--they came for me--

and there was no one left to speak out for me.

Once we accept that arrest and detention without an objective reason is justified for foreign nationals and permanent residents, what is to stop the same government extending the provisions to include Canadian citizens?

We cannot turn a blind eye now and hope that these disturbing changes are never applied to us. If we believe that arrest and detention without objective evidence is unacceptable when applied to ourselves, our friends and our families, then surely it is unacceptable when applied to people who immigrated, either permanently or temporarily, to Canada.

How would our government react to news that a Canadian citizen was arrested and detained abroad simply on the suspicion of criminality?

I believe that the government, rightly, would be outraged and would call on the foreign government to provide evidence of any wrongdoing or release the person in question immediately. Canada should be a world leader in human rights and freedom, not a laggard whose legislation we could criticize in other states.

The NDP is not alone in opposing this legislation. Amnesty International has said that the bill:

--falls far short of Canada's international human rights and refugee protection obligations and will result in serious violations of the rights of refugees and migrants.

The Canadian Bar Association, the voice of the legal profession in Canada, has stated that the previous version of this bill, introduced in the previous Parliament:

--violates Charter protections against arbitrary detention and prompt review of detention, as well as Canada's international obligations respecting the treatment of persons seeking protection.

The bill is opposed to the UN Convention Relating to the Status of Refugees which states:

The Contracting States shall not impose penalties, on account of their illegal entry or presence, on refugees who, coming directly from a territory where their life or freedom was threatened in the sense of article 1, enter or are present in their territory without authorization, provided they present themselves without delay to the authorities and show good cause for their illegal entry or presence.

It is clear that the government is on the wrong side, both on its legal obligations to the Charter of Rights and Freedoms and various international treaties, as well as its moral obligations to the people fleeing persecution.

Should this law pass, the government would undoubtedly face years and years of expensive legal battles in the Supreme Court. Now is the time for the government to realize that this bill is flawed and to invest in the policing resources which will crack down on human smugglers and protect vulnerable refugees.

[Sadia Groguhé, NDP, Saint-Lambert, QC]

Mr. Speaker, I congratulate my colleague on his speech.

My question for him has to do with the international consequences this bill would have for our country, particularly with respect to its unconstitutional nature.

[Glenn Thibeault, NDP, Sudbury, ON]

Mr. Speaker, there are many things that could come to play with this type of legislation out there already. We could look at some of the organizations that are already commenting on this legislation. For example, the Canadian Council for Refugees has called for this bill to be scrapped entirely. Noa Mendelsohn Aviv, the equality program director with the Canadian Civil Liberties Association, has issued a scathing attack on the government's attitude toward refugees generally, and on Bill C-4, in particular, stating that there is no need for the draconian measures contemplated.

As mentioned earlier in my speech, the Canadian Bar Association stated that it did not support this legislation in its previous form in Bill C-49 as it violated the charter protections against arbitrary detention and prompt review of detention as well as Canada's international obligations respecting the treatment of persons seeking protection. So there are many organizations out there that are talking about the impact this would have on Canada's reputation.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, one could wonder why the government would have brought in Bill C-4 in the first place. I go back to the ship, the Ocean Lady. It comes to port and then on the back of the ship we see the Prime Minister of Canada saying that we are upset at these profiteers and smugglers.

I have had the opportunity to read the bill as I am sure the member has, and I am convinced that the number of profiteers who will be penalized and become victims of this bill is probably pretty close to zero, if not at zero, and that the real victims here will be the individuals who are genuine refugees seeking asylum in order to protect their lives and continue to live. They look to Canada as a caring, compassionate country, and even the government member himself tried to say that there is value to refugees. There is more than just value to refugees. They are a part of what has made Canada what it is today.

I would look to my colleague and ask him how many profiteers he feels will actually get persecuted or be a victim of this particular legislation. I do not see any profiteers. Does he see who will be the victims? Will it be the profiteers or will it be the refugees themselves?

[Glenn Thibeault, NDP, Sudbury, ON]

Mr. Speaker, the hon. member raised a very good point as to who would be affected the most by this legislation. I believe it would be the refugees who would be detained for a year. What would happen if there were children involved? What if the refugees came here in a plane rather than a boat? Would they be fine?

There are many things we can talk about in relation to this, but the member also brought up the point that we already have legislation in place. A smuggler who is caught will go to jail for life. What are we doing? We are not giving the RCMP the necessary resources to go after and capture the smugglers. The RCMP officers are fantastic. They can do their job phenomenally if we actually give them the resources to do their job. However, this legislation makes sure that when refugees come here they will be detained for a year and will be treated like criminals, when they were probably fleeing a situation that was very similar to that.

[Paulina Ayala, NDP, Honoré-Mercier, QC]

Mr. Speaker, last summer, a small cargo ship entered Canadian waters off the coast of British Columbia, where it was intercepted by the RCMP. There were 492 Tamils crammed on board, including women and children. This is the particular case the government is talking about, since no other cases apply to its Bill C-4. The government claims to be concerned about the origin of the passengers seeking asylum when arriving by boat. It is worried that among these legitimate refugees are Tamil Tigers, members of a terrorist organization that has been banned in Canada.

The summer before that, a ship carrying 66 Tamils was intercepted on the shores of Vancouver. The government arrested them all and detained them for months, alleging that a third of them were Tamil Tigers sent to infiltrate Canada. Unfortunately for the Conservatives, their concerns were unfounded and they had to release the refugees. This is the example the government is using to justify its bill. This bill is based on unfounded concerns. Bill C-4 is based on a prejudice that has been refuted.

The public is not sympathetic to the reality facing refugees. Surveys show that 46% of Canadians believe that immigration has a negative effect on the country. When asked specifically about Tamils, closer to 50% of people want them deported back to Sri Lanka. The Conservative government knows these statistics. And this populist bill proves that the government is not afraid to divide the public on the basis of false perceptions. It also demonstrates that it prefers to increase fear among those who are afraid of the unknown instead of informing and educating the public and ensuring that Canadians live in harmony with one another.

This attitude is surprising for Canada. More than 20% of Canadians are immigrants. There are countless descendants of immigrants. Approximately 20,000 Sri Lankans have immigrated to Canada because of the devastation of a 25-year civil war and the 2004 tsunami. Last year, more than 280,000 immigrants received their permanent resident status in Canada. Bill C-4 is aimed at the 492 Tamils who arrived by boat, simply because the government believes that two of them had ties to a terrorist organization. We are talking about two people out of 280,000 immigrants that year. And the government thinks that justifies its ideological laws.

The saddest part is that this is all it takes for the public to continue fearing all other immigrants. Because their government is so afraid of refugees that it locks them up, Canadians have every reason not to trust newcomers. Bill C-4 does not fix anything, but it is still important because it is a very powerful symbol. It widens the gap between Canadians and certain classes of immigrants. It contradicts the open-mindedness of the majority of Canadians by siding with their more radical compatriots. Those 492 refugees suffered through exile and a horrific voyage, and then they were imprisoned because two of them posed a threat. Because they were cheated by a smuggler, they were treated as criminals. And if that were not enough, the government is forcing dishonour upon more than 6 million Canadian immigrants by reinforcing this idea that it is reasonable to have doubts when it comes to immigrants.

An article published in The Walrus magazine, which we all received in our offices in June 2011, reminds the government that this anti-immigration trend is similar to other sad initiatives like the Chinese head tax during the construction of the railway and the internment of Germans, Turks, Bulgarians and Japanese Canadians during the two world wars in the 20th century. The government's new approach recalls two other particularly ugly moments in Canadian history. In 1914, a Japanese plane carrying 400 passengers from India landed in Vancouver, but the refugees were denied entry to Canada and were deported to India. Twenty of them were killed upon their return.

Twenty-five years later, a ship carrying over 900 Jews fleeing the Nazis was turned away, forcing the refugees back to Europe, where over a third of them would die in the Holocaust.

These communities, whether South Asian or Jewish, which are now considered pillars of Canadian society, have experienced their share of discrimination and stigmatization. It is inconceivable in 2011, when Canada is not at war or threatened by mass immigration, that the government would propose new measures that amount to profiling and discrimination. It is even less conceivable that these initiatives would be considered urgent, in contrast to Canada's values and commitments when it comes to respecting and promoting every individual's rights and freedoms.

Such abuses seem to come about every time Canadian society is threatened by a crisis. Immigrants become scapegoats. The popular belief, which is unfortunately confirmed by this government's unjustifiable actions, is that immigrants steal jobs and ruin the standard of living in our neighbourhoods.

Nearly half the population believes the common perception that immigration increases the crime rate. Although many Canadians realize that immigration is a powerful tool for developing our society, the government chooses to fuel fear and pit classes of people against one another. Instead of promoting openness and education, the government chooses to fuel division and isolation.

In fact, every known indicator paints an entirely different picture. In fact, the mass arrival of Europeans since the 1970s has been accompanied with a notable decline in the crime rate. In Toronto, immigrants make up more than half the population and the crime rate has dropped by 50% since 1991. The crime rates in that city are also lower than the national average. A study conducted by the University of Toronto over a period of more than 30 years found that with increased immigration comes a decrease in the crime rate. These observations were made in every immigrant group, regardless of where they came from.

But the Conservative government prefers to govern based on public opinion polls rather than on facts. It prefers to spread prejudice by discriminating against certain immigrant groups, in this case the Sri Lankans who arrived by boat, over championing truth and fairness among Canadian citizens.

The Conservative government is trying to present certain groups of immigrants as acceptable and others as a threat. Such is the nature of Bill C-4, legislation that makes misinformation the norm and stigmatization a rule.

Studies by Statistics Canada go even further. They show that in the Montreal and Toronto regions, the crime rates are inversely proportional to the immigration rates. In other words, immigration acts as a safety net against crime. Researchers have all been encouraged by these observations that refute old perceptions. However, these same researchers question the government's attempts to perpetuate these myths about immigration. Immigrants are motivated by a great determination to integrate into Canadian society and by their desire to understand their host society.

The Conservative government claims that it must take this action to denounce the abuses committed by these smugglers, the real criminals behind all this. It is not by putting the only witnesses behind bars and acting as a torturer that the government will ensure fairness in the immigration process and it is certainly no way to ensure the safety of Canadians.

[Lynne Yelich, Conservative, Minister of State (Western Economic Diversification)]

Mr. Speaker, the member talks about targeting smugglers. We are targeting smugglers because of the abuse of Canada's immigration system and how it has been undermined by human smugglers. Her statistics do not tell how generous our program for the refugee resettlement is and she distorts our policies.

Our resettlement program is one of the most generous ones in the developed world. Each year we resettle 10,000-12,000 refugees through government assisted privately sponsored refugee programs. Globally, countries with resettlement programs resettle about 100,000 refugees, which means we take one out of every ten refugees resettled. These refugees often spend many years, sometimes decades, in squalid refugee camps or urban slums.

To suggest that we are not being generous with our immigration and our refugee system is false and very misleading. We are trying to ensure there are no queue jumpers. I would like the member to be more generous in how our refugee system is one of the best in the world.

[Paulina Ayala, NDP, Honoré-Mercier, QC]

Mr. Speaker, indeed, we must continue on that course: we must be generous in welcoming those who suffer and not criminalize those who suffer even more. We must punish those who take advantage of the suffering of others. I therefore agree with my dear colleague who spoke earlier. We must be even more generous because people are suffering in other parts of the world, and when they come to live here they will contribute to our society and enrich it.

I am an immigrant, as are several of my colleagues in this House. What we are saying is that the seeds of prejudice are sown when there is a crisis that affects the country. Scapegoats are sought and, instead of the smugglers being punished, it is the people they have smuggled who are punished—the ones who were living in miserable conditions and left their country in distress.

This bill does not attack the real offenders.

[Ted Hsu, Liberal, Kingston and the Islands, ON]

Mr. Speaker, it strikes me that Bill C-4 is an example of legislation by news headline. I wonder if the government would really want to bother to go through the work of introducing the bill only to have it struck down by a court challenge if they did not get to have any photo ops on the beach in front of ships. It reminds me how the news tends to focus on airplane crashes when on an average day probably more people starve to death in this world than die from airplane crashes.

Would the member care to comment on that?

[Paulina Ayala, NDP, Honoré-Mercier, QC]

Mr. Speaker, I understand what my colleague is saying. We are talking about the suffering of people who will take very serious risks. They leave on a ship in conditions that none of us would be able to tolerate. They even bring their children because there is too much suffering.

Canada has signed certain international conventions on human rights and we have the ability to accept these people and to give them a chance in life. That is our role as a country. We are a model country and we should not tarnish our reputation. It is part of our history. We must protect and develop our reputation.

I do not believe that any thought has been put into this bill. I put myself in the place of someone who has faith. How can those who have faith support this type of bill when we are morally bound to accept those who suffer and to have compassion for others? It is a complete contradiction. It does not correspond to our views on life, love for our neighbours and so forth. That proves that we must attack this type of bill that lacks compassion.

[The Acting Speaker, Barry Devolin]

It is my duty, pursuant to Standing Order 38, to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Chambly—Borduas, Flooding in Montérégie; the hon. member for Nanaimo—Cowichan, Child Care; the hon. member for Halifax West, G8 Summit.

[François Choquette, NDP, Drummond, QC]

Mr. Speaker, I am happy to speak about Bill C-4, the Preventing Human Smugglers from Abusing Canada's Immigration System Act. My explanation will show Canadians that there are very clear differences in the approach to governance taken by the Conservative government and that taken by the official opposition.

First, Bill C-4 purports to prevent human smugglers from taking advantage of the Canadian immigration system. How ironic. In reality, the bill almost exclusively targets refugee claimants arriving in Canada. This bill clearly shows this government's approach, which is designed to create fear in our society and exploit the misery of certain foreign nationals for political gain. The government is introducing knee-jerk legislation that is not based on fact, law or reason.

The incredible number of organizations working to assist refugees that are denouncing this bill provides indisputable evidence that the bill is not at all logical. I would like to mention a few of these organizations.

First, the Canadian Council for Refugees asked that this bill be withdrawn. Amnesty International—these are very prestigious organizations involved in the protection of people and refugees—has stated that Bill C-4 falls far short of Canada's international human rights and refugee and immigrant protection obligations. A program director for the Canadian Civil Liberties Association severely criticized the Conservative government's attitude with regard to refugees in general and Bill C-4 in particular, stating that this bill is draconian. He clearly said “draconian”. I am not the one who said it, but I agree.

All these objections would be sufficient to change the mind of any person of good faith. However, that is not all. There are still other groups that oppose the negative impact that this bill would have.

The Canadian Bar Association has also spoken out against this bill and the previous one, stating that it did not support the legislation in its previous form because it violated the charter protection against arbitrary detention and denied the prompt review of detention. We cannot just imprison people without reasonable grounds, without incontrovertible evidence. The bill also violates Canada's international obligations respecting the treatment of persons seeking protection. In addition, a group of experts from the Centre for Refugee Studies has described this bill as draconian. Yes, that word again.

As we can see, many organizations that come from various walks of life have spoken out against the measure being proposed by the Conservative government.

I would like to take a look at some of the key aspects of the bill so that Canadians can see for themselves the negative side of Bill C-4. This bill would give the Minister of Immigration the power to designate, at his sole discretion—imagine that, his sole discretion—a group of refugees in Canada as irregular arrivals. What is more, he could do that based on mere suspicion, as I said earlier, and based on a definition of “group” that is not specified in the bill.

Does this not give far too much power to just one individual? This measure presents a serious risk of abuse. If this bill passes, such discretionary power could lead to abuses for which the Conservative government would be solely responsible.

Once designated foreign nationals receive that title, they are then subject to all kinds of special rules, some of which are discriminatory. To begin, I will focus on a few such rules.

Once designated as irregular arrivals, all designated foreign nationals, including children—everyone heard me correctly, including children—will be mandatorily detained on arrival or upon designation for up to one year. Is that any way to treat the victims of smugglers? The real criminals here are the smugglers. Again, is that any way to treat victims—to throw the entire family, including children, in jail for a year? How shameful. What a black mark on our international reputation as a humane, welcoming society.

In addition, the Canadian Immigration and Refugee Board would not even review their detention for one year. Designated foreign nationals cannot be released during that time.

And that is not all. When they are released, designated foreign nationals will still have their right to apply for permanent residence suspended.

Also, designated foreign nationals cannot file a humanitarian and compassionate application or apply for a temporary resident permit for five years. Furthermore, designated foreign nationals cannot receive refugee travel documents, which means that they cannot travel outside of Canada for at least five years after being accepted as a refugee. And that is very serious.

To sum up, this means that all designated refugee claimants will be separated from their families and unable to travel to see them for at least five years. It is unbelievable. Six years is even worse. Is that how important family is to this Conservative government? Is this any way to demonstrate our family values? I do not think so.

The Conservative government seems to have a troubling tendency to diminish the importance of the family values that Canadians hold dear. Let me give an example. Since this government came to power in 2006, we have seen a marked decrease in the number of family-class visas that have been issued. There has also been a dramatic drop in the number of refugee visas issued by the government.

To conclude, I will go over some of the main problems with Bill C-4. It penalizes refugees. It was presented as legislation to target smugglers, but most of these provisions punish refugees instead of smugglers. I already said that refugees, including children, would be detained for one year without any possibility of an independent review. Under Bill C-4, refugees would be victims three times over: first, when they are persecuted in their home country, second, by the smugglers, and lastly, by Canada. That makes no sense.

I also spoke about the fact that Bill C-4 creates challenges for family reunification, which is the main objective announced by the government. It denies refugees the right to apply for permanent residence for five years, thus preventing them from reuniting with their families, including their children. This is a violation of the right to family guaranteed in the Convention on the Rights of the Child, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.

The government must restore Canada's international reputation, not only by ensuring the proper treatment of refugees who come to this country, but also by improving its system to allow a greater number of refugees to settle in Canada. There are millions of people in refugee camps and in dangerous situations around the world. We must help more of them by giving them shelter and providing security.

Canada needs fair and balanced refugee legislation. This legislation is neither fair nor balanced, and the official opposition will work hard to amend or defeat it. The Conservatives should focus on enforcing Canada's already existing legislation against human smuggling. The government should give law enforcement agencies and the Immigration and Refugee Board the resources they need to address human trafficking and human smuggling. That is what we need. We should be focusing on enforcing the existing legislation.

Those are the solutions proposed by the New Democrats: fair and balanced solutions that attack the real problems, the real criminals—the smugglers—and not the victims.

[Susan Truppe, Conservative, Parliamentary Secretary for Status of Women]

Mr. Speaker, our government received a strong mandate from Canadians to take fair, reasonable and tough action to prevent the abuse of Canada's immigration system by human smugglers.

Canada always opens its doors to those who work hard and play by the rules. However, we must crack down on those who seek to take advantage of our generosity and often for financial gain. The preventing human smugglers from abusing Canada's immigration system act would send a clear message to individuals overseas thinking about smuggling people that they should not to do it.

I encourage the NDP to listen to Canadians and support this important legislation.

[François Choquette, NDP, Drummond, QC]

Mr. Speaker, I want to thank the hon. member for her question and comments. Under current legislation, human smuggling is already punishable by life in prison. That is what needs to be worked on. Resources need to be given to existing agencies to enforce the legislation properly.

What is more, Bill C-4 might violate section 15 of the charter on equality before the law. Bill C-4 would create a new category of second-class refugees who would be denied permanent resident status and a temporary resident permit and would not be accepted on humanitarian grounds or have the right to apply for permanent residence.

We must focus our energy on existing legislation, under which human smuggling is already punishable by life in prison.