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

[Raymond Côté, NDP, Beauport—Limoilou, QC]

Mr. Speaker, it is important for me to speak today about the bill to prevent human smugglers from abusing Canada's immigration system.

Bill C-4 is not only an unacceptable affront to the human dignity of thousands of men, women and children, but it is also a threat to the Canadian values that we hold in trust, a heritage reaching back thousands of years that we cannot betray without serious consequences. Let me explain.

Section 7 of the Canadian Charter of Rights and Freedoms is the embodiment of this heritage. It reads:

Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

In 1985, in Singh v. Minister of Employment and Immigration, the Supreme Court found that section 7 extends to every human being who is physically present in Canada. It protects all men, women and children against the arbitrary power of the state or a minister.

As a result, the long-term detention without charge or trial that would be imposed under Bill C-4 is a denial of this fundamental Canadian value embodied by section 7 of the charter.

Why does section 7 of the charter exist? As I said earlier, we are the custodians of a heritage reaching back thousands of years. Our institutions, inspired by Britain's, are the result of a long and difficult process. Many direct threats could have destroyed our institutions and put us all under an arbitrary regime, which is the opposite of Canada's current situation. The prohibition of arbitrary detention without trial is a part of this heritage, which is a basis for our common values. The principle of habeas corpus was established by English barons in the Magna Carta, which was forced on King John in 1215. The protection that it offered to some British subjects at that time has since been extended to all human beings both in international treaties and in the fundamental national laws of many countries.

We must not forget that since those ancient days, women, children, persons of colour, people of all backgrounds and faiths, and the aboriginal peoples of this country have been protected by this principle of justice adopted long ago as a Canadian value. So why is the minister proposing that we go back in time? How can he justify superseding the courts and acting as both judge and jury in deciding the fate of men, women and children, and thus violating both the letter and the spirit of the charter?

Have we forgotten so quickly the lessons learned from the detention camps where Canadian citizens of Japanese origin languished during World War II? Are we to conclude that it was wrong to generously welcome the Vietnamese boat people a few decades ago? We must remember that the principles in the Magna Carta were established at a time when fear was more pervasive than it is today. Despite the fear evoked by the sovereign's sword, the English barons had the courage to demand and obtain, for themselves as well a for a large number of His Majesty's subjects, principles of justice so fundamental that we cannot deny them without denying all that we are.

The dark days that followed the invocation of the War Measures Act in the October crisis of 1970 remind us of the fragility of these fundamental principles when we are governed by fear. Hundreds of people were arbitrarily detained by the authorities at that time. Yet it has never been proven that the use of these exceptional measures gave the police a definite advantage in countering the criminal actions of the FLQ.

On the contrary, it now seems as though the ordinary Criminal Code provisions that were in place at that time would have been enough to take action against that group. At that time, Tommy Douglas rose in the House to vehemently denounce the government's intention of using these extraordinary measures in our country. And history has proven him right. A young man by the name of Jack Layton found inspiration in this courageous act by our party's first leader, and it gave him the desire to defend these principles and values that are so deeply rooted in Canada.

And our charter also says that “Canada is founded upon principles that recognize the supremacy of God and the rule of law”. The Judeo-Christian principles that form the foundation of our country are the key to understanding our heritage and the resulting consequences on our collective life.

I would like to refer to the gospels. A woman was brought before Christ by her accusers. She was accused of adultery and was to be stoned. The accusers insisted on questioning Christ about the legitimacy of stoning her to death. He said, “If any one of you is without sin, let him be the first to throw a stone at her.” Obviously, no one dared. And when the accusers dispersed, Christ asked the woman, “Woman, where are they? Has no one condemned you?” She replied that no one was left, and Christ said to her, “Then neither do I condemn you. Go now and leave your life of sin.”

This teaching does not preclude the existence of a justice system and the enforcement of a legal code, but it reminds us that we need to be extremely careful about judging the actions of others.

Our justice system is set up with guarantees to protect our rights as individuals. As I said earlier, every man, woman and child who is on Canadian soil is entitled to the basic protection provided under the spirit of habeas corpus. How can the minister come before this House and challenge such a fundamental Canadian value?

Are we but minions so crushed by fear that we will, like cowards, betray the legacy left to us by the great political giants of Canadian history, the founding fathers of our country, the first venerable pioneers of this legacy, the courageous English barons of the 13th century?

Fear is a bad adviser and all too often it makes us lose sight of reality. The arrival of the MV Sun Sea with 492 Tamils on board, including 60 women and 55 children, was a convenient pretext for this government to introduce its initial bill. Bill C-4 is merely another attempt to exploit people's fear of massive arrivals of refugees by sea. This public relations stunt is not based on any real problem. One recent case even proves that the existing legislation is sufficient. The only thing missing is the means to enforce it.

The case of the MV Ocean Lady is an excellent example. The 76 Tamil refugees were detained for an investigation in October 2009. In January 2010, they were all released after the government admitted that there was no evidence that they belonged to a terrorist organization or had any criminal ties. Only four Sri Lankans have been arrested in 2011 for trying to enter Canada illegally. Would detaining them unnecessarily any longer have changed any of the conclusions? Nothing could be less certain.

Will we allow this government attempt to jeopardize our fundamental rights like this? Once these Canadian values are undermined, what will the government target next?

[Jason Kenney, Conservative, Minister of Citizenship]

Mr. Speaker, I want to thank the hon. member for his comments.

He spoke at length about the detention of illegal immigrants under the bill. He suggested that it was a violation of rights to have immigration-related detentions. Having the option to detain illegal immigrants has always been an aspect of Canada's immigration law. I must say that the proposed measures in Bill C-4 are far more modest than the current practices, the real practices, applied in the vast majority of the western democracies.

I note for example the United Kingdom, France and other western European countries. The European Union requires almost all asylum seekers to be detained until the determination of their status. The same goes for Australia and the United States. All these countries are acting in accordance with international conventions on human rights that recognize that it is a right, a responsibility of the state, to regulate immigration in a legal and normal fashion.

In closing, I must point out that under the new asylum system, which will come into force next June, asylum seekers will be granted refugee status within three months, the same length of time as those who arrived as part of a human smuggling operation will be released from detention. It is not necessarily a one-year time frame for true refugees. They would be released from detention within three months.

[Raymond Côté, NDP, Beauport—Limoilou, QC]

Mr. Speaker, I thank the hon. minister for his comments and his long speech.

I have an observation to make, both as a historian and as a Canadian citizen. I remind this House that since the beginning of the 20th century, and particularly since the second world war, Canada has been a leader in defending and advancing human rights, both in Canada and abroad. So I do not think it is a viable argument to compare our situation to that of other countries. I would ask the minister to explain to us how implementing these measures, according to the objectives of this bill, will allow for the arrest of a single person. I really do not see how that could happen.

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

Mr. Speaker, I am reminded that the rights we enjoy are affirmed when they are applied to the lowest in our society. I am also reminded of something that I personally believe, along with many others of different faiths, which is that we should have a preference for the poor. It is an opinion that many Canadians share.

When I talk to people about this legislation, there is a lot of fear about refugees coming to our country. I respectfully disagree with my colleagues on the other side of the House that this bill focuses on what a small, very visible stream of refugees coming to this country does with respect to what the members opposite would claim. It preys on the fear that people have that Canada is being overwhelmed by refugees. I would ask the member to comment on that.

[Raymond Côté, NDP, Beauport—Limoilou, QC]

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

I will take this opportunity to remind the House that one of the principles of our justice system is to protect an innocent person from an unfair conviction, even if the result is that an accused is unfortunately not convicted or is declared innocent. Which is better? Is it better that the rights of 100 innocent people are protected at the cost of a single guilty person going free?

[Laurin Liu, NDP, Rivière-des-Mille-Îles, QC]

Mr. Speaker, I am pleased to speak today about Bill C-4 on human trafficking.

I would first like to remind the hon. members that this bill is similar to Bill C-49, which was hastily introduced by the Conservative government in the last Parliament. Bill C-49 was the government's response to the arrival on the coast of British Columbia of two ships carrying Tamil migrants.

At the time, all the opposition parties opposed Bill C-49 because of the large amount of power it would bestow upon the minister and because it appeared to violate Canadian and international law. We still have these same concerns with Bill C-4.

Given the Conservatives' mistrust of newcomers and their tendency toward repression, I am not certain that more discretion should be given to the government, particularly to this Conservative government. The main problem with the bill is that it is arbitrary and discriminatory. It is discriminatory because it creates two categories of refugees depending on the method of transportation these individuals used to enter the country. The bill limits the rights of legitimate refugees who arrive in Canada in a group that was smuggled across the border.

The bill grants the minister the power to arbitrarily designate a group's arrival in Canada as irregular if the minister is of the opinion that examinations relating to the identity of the refugees cannot be conducted in a timely manner or if he suspects that the arrival involves organized human smuggling activity for profit, or in support of a criminal organization or terrorist group.

Designated claimants would then be subject to a host of special rules that do not apply to other newcomers. For example, the bill stipulates that designated claimants, including children, will be automatically detained upon their arrival or at the moment they are so designated. In a state with ordinary rules, individuals are judged on case-by-case basis according to their individual circumstances. It is appalling that an administrative decision with such serious consequences could be made on the basis of an individual's belonging to a certain group. Nevertheless, that is what the Conservatives' Bill C-4 is proposing.

Once again, the Conservatives are using the refugee issue for political purposes, as they are also doing with the whole crime issue. Their way of doing things is well known. They use any random news item as a pretext for amending legislation and showing off their might. Ultimately, the problems remain unresolved and the government would be better off using the existing legislation. It would certainly be less spectacular, but it would be much more effective.

In the case of smuggling, for example, there already are laws against human trafficking. Why not enforce them? A few months ago, Parliament passed new strong, balanced legislation regarding refugees. What we need now is better enforcement of that law. Instead of playing political games, the government should also provide the RCMP with the resources it needs to do its work effectively. The Conservatives are saying that this bill will cut down on human trafficking. But in reality this bill, as it stands, concentrates too much power in the hands of the Minister of Immigration and unfairly penalizes refugees.

By contrast, the NDP wants to directly penalize the criminals: the traffickers and the smugglers. As currently drafted, Bill C-4 punishes legitimate refugees and the people who try to help them. The proposed process is neither clear nor transparent and, in addition to being arbitrary, it is ultimately quite discriminatory. We feel that Bill C-4 may break Canadian laws and contravene Canada's international commitments. Bill C-4 may violate section 15 of the charter, which guarantees equality before the law.

For the benefit of the Conservative members, I would like to read part of section 15 of the charter:

Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law...

How can anyone claim that this will not create two classes of refugees? Depending on the mode of transportation they use to enter the country, certain refugees could be denied permanent residence, a temporary residence permit, and the right to apply for permanent residence based on humanitarian grounds.

The bill appears to create inequality before the law among refugees. Bill C-4 may also violate section 9 of the charter, which says, “Everyone has the right not to be arbitrarily detained or imprisoned.” Bill C-4 provides precisely for the arbitrary detention of foreign nationals “designated” by the Minister for 12 months.

Bill C-4 also clearly contravenes article 31 of the United Nations Convention Relating to the Status of Refugees by which Canada has undertaken not to impose penalties on refugees who come from a territory where their life or freedom was threatened. We believe the government is failing in its responsibilities in respect of refugee protection and human rights.

A number of civil rights associations have spoken out against Bill C-49 and Bill C-4. For example, Amnesty International says the bill “falls far short of Canada's human rights and refugee protection obligations and will result in serious violations of the rights of refugees and migrants”.

As well, the Canadian Bar Association has argued that Bill C-49 “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 Refugee Lawyers’ Association of Ontario has “expressed its profound regret over the decision of the [Conservative government] to re-introduce Bill C-49”. The association has described the bill as a “human rights travesty”.

The Canadian Civil Liberties Association has spoken out against “the creation of a new class of ‘designated foreign nationals’.”This class is defined extremely broadly so as to potentially apply to most people fleeing persecution, torture or death in their countries of origin. In effect, the bill creates a two-tier system, with numerous restrictions and negative consequences for those who fall into the designated class.

The NDP is mindful of its responsibility to refugees, unlike the Conservatives who have adopted an approach that damages our reputation in the international community and violates our commitments under the Convention Relating to the Status of Refugees and the Convention on the Rights of the Child. The proposed process is arbitrary and extremely discriminatory. It also does not provide the means to put an end to human trafficking.

We believe that the Conservatives should ensure that existing laws against human trafficking are properly enforced, and we are opposed to this bill.

[Jason Kenney, Conservative, Minister of Citizenship]

Mr. Speaker, I congratulate the honourable member on her comments.

She has reiterated the opposition's argument that detaining illegal immigrants for a certain period of time is a violation of international human rights conventions, which is completely false. It is completely false.

I would point out that almost all other liberal democracies in the world have much more severe detention measures for illegal immigrants than those proposed in Bill C-4. For example, the vast majority of the democracies in the European Union, which are signatories to the UN conventions on refugees and European conventions on human rights, keep asylum seekers in detention until their status is established. The process is often much longer than the 12-month maximum proposed by this bill.

Why is it a violation for Canada to place illegal immigrants in detention in certain limited cases when it is quite all right for all other democracies to use the same tool?

[Laurin Liu, NDP, Rivière-des-Mille-Îles, QC]

Mr. Speaker, earlier my colleague cited the example of Australia. However, we know that similar measures in Australia met with opposition from Amnesty International, which has announced a campaign to condemn the misinformation surrounding refugees who arrive by boat.

Furthermore, we know that the bill blatantly violates the charter, because it would result in indefinite detentions based on identity issues with no possibility of release until the minister determines that identity has been established.

Arbitrary detention is also a violation of a number of international treaties and we believe that it is outrageous for children to also be detained in such an arbitrary manner.

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

Mr. Speaker, in our discussions, we have talked about this bill which, unfortunately, does nothing to address the issue of smugglers or human trafficking. We have also said—and this is unfortunate—that the ideology behind the bill plays on the fears of our constituents. That is completely unacceptable.

I would like to ask my colleague if she can tell us why this bill is ineffective and useless.

[Laurin Liu, NDP, Rivière-des-Mille-Îles, QC]

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

It is clear that this bill will not put an end to refugee smuggling. It targets refugees as opposed to the real criminals. We also feel that this bill is discriminatory because it creates two classes of designated claimants. There is the likelihood of violating equality rights as set out in the charter and in the Convention Relating to the Status of Refugees, which prohibits a government from imposing penalties on refugees for illegal presence or entry.

We believe that the Conservative government needs to stop using refugees as a political tool and that it must respect human rights.

[David Wilks, Conservative, Kootenay—Columbia, BC]

Mr. Speaker, the hon. member mentioned in her speech that the RCMP would have more powers with regard to these types of incidents. I would like her to explain and elaborate on that because I do not believe that the RCMP would have more powers. They only act as immigration officers when there is no immigration officer available.

[Laurin Liu, NDP, Rivière-des-Mille-Îles, QC]

Mr. Speaker, we believe that the government should give RCMP officers the tools that they need to enforce the laws that are in place now rather than create new discriminatory regulations that would actually discriminate against legitimate refugees. We believe that the government needs to enforce the laws in place now that protect the rights of refugees facing persecution in their home countries.

[François Lapointe, NDP, Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC]

Mr. Speaker, the American economy is stagnant. A large proportion of the small business owners I have met in the last month are facing the same problem: they have orders, but only for a month or two, when generally, at this time of year, they have orders for the next five, six, seven or eight months. Where I live, there are lumber yards with very productive sawmills that are not doing any stock rotation. This is very serious. We are on the eve of a possible recession. Local indicators like the analyses by the big banks remind us of this.

But what have we been doing in this House for two weeks? We have been piling up public safety bills. While people are about to be looking at a rising unemployment rate, we are talking to them about public safety. I do not see the logic in this, unless our Conservative friends have decided that having more inmates might make up for natural resources or opening plants. I cannot see what has prompted us to spend two weeks piling up public safety bills when we are in this kind of economic situation. None of my constituents are talking to me about public safety problems today. No one is telling me there have been more break-ins or whatever that would justify our Parliament spending weeks on public safety issues when there is a recession around the corner.

The bad news, as a result of this kind of behaviour, is that terrorism and crime may increase. If no clear action is taken to slow down or stop a potential recession, at a time when people, particularly young people, are unemployed, crime will increase. When developing countries hit an economic downturn and thousands of people earning low wages lose their jobs, more people may get involved with brutal ideologies and become potential terrorists. When the real solution, to avoid all these problems, is to find a way to stimulate the economy in the short term again, instead we are piling up public safety bills. This is absurd.

Something else is absurd. One of the reasons given by our friends in the government is that refugees arriving in groups by boat might cause a rise in terrorism in Canada. Let us think about that for a minute. Terrorist groups are well financed and unfortunately, in their own way, intelligent. Unfortunately, because they set about causing harm and destroying the democratic structures of developed countries or others that are less developed. Unfortunately, these are people who are well financed, organized and intelligent. They are going to spend months or years radicalizing young people, training them, and then they are going to put them in a boat for three months where they have a three in 10 chance of starving to death. They are going to bring them to a developing country as boat people in a container where their entire investment could literally die of starvation during transport. I would like to see a hint of a shadow of a study showing that refugees who arrive in groups by boat are more likely to be terrorists. I am convinced that a study that looked into this would show us the exact opposite. It is absurd and illogical.

Once again we are presented with a public safety bill, even though this is not what my constituents are talking to me about every day. They are talking to me about the declining numbers of jobs and orders to fill. And on top of that, we are still facing the same problem. The Canadian Bar Association, not the NDP, has reminded us that it did not support the earlier version of the bill.

According to representatives from the bar, this bill violates the provisions of the charter against arbitrary detention, it violates the guarantees in the charter for the prompt review of detentions and violates Canada's international obligations regarding the treatment of persons seeking protection.

This is not someone from the NDP saying so; it is the Canadian Bar Association. Once again, as with Bill C-10, it is clear that the government has no regard for the expertise of professionals in the field. Lawyers and judges have said that the current system is reliable and that we do not need even more public safety, as though there were cause for concern and as though we had been seeing widespread crime in Canada for years. That is untrue.

For my remaining time, I have a little exercise. Often enough, our colleagues from the party in power ask us whether we have read the bill. I have news for them: I do read the bills. Oh yes, I will sit down with the text of the bill and will ask questions that occur to me, even in the summary.

At the very beginning, it reads:

(a) authorize the Minister, in certain circumstances, to designate as an irregular arrival the arrival in Canada of a group of persons [all of a sudden they are no longer refugees, but a group of persons], the result of which is that some of the foreign nationals [a new label appears here: “foreign nationals”. Their status is no longer refugee, but “foreign national” as soon as they set foot here] in the group [specifically] become designated foreign nationals;

Basically, the government is doing away with the idea of refugees. Thirty years ago, when Southeast Asia was having problems, Laotians and others were arriving in Canada and were welcomed openly, particularly by Quebec families. These were people who needed help and now, all of a sudden, they are designated foreign nationals. Who decides whether a group is designated or not? The minister. Could it be any more arbitrary?

I noted some questions. For example, who decides who makes up a group? A little further on, we can see that a group can be more than 10 people but it can also be fewer than 10 people. If a mother who is already a Canadian citizen accompanies her son who is not and who, for humanitarian reasons, decides to stay in Canada after a trip, do they constitute a group?

I also noted this paragraph:

The officer may refuse to consider an application for permanent residence made under subsection (1) if

(a) the designated foreign national fails, without reasonable excuse, to comply...

I read the bill to see what constituted a reasonable excuse. Is there a definition? What constitutes a reasonable excuse? What does not? I looked. I turned the pages—all of the pages. I read the bill and I still did not find a definition for reasonable excuse. We are talking about human life and dignity. We are talking about people who, for the most part, are not primarily economic refugees. They are afraid that they will starve to death if they return to their country, or face an even worse situation in terms of human rights that involves a direct threat to their safety. Yet, we do not know what constitutes a reasonable excuse. An officer or minister can say whether the excuse is reasonable or whether it is not a good excuse and therefore unreasonable.

The Minister may, by order, having regard to the public interest [it is the minister who determines what the public interest is], designate as an irregular arrival the arrival in Canada of a group of persons if he or she...

A little further down it says:

...any investigations concerning persons in the group — cannot be conducted in a timely manner...

We are talking about an investigation being conducted in a timely manner for people who arrive by boat, starving to death, with only a few items of clothing. We are going to ask them to provide documentation in a timely manner? These people are starving to death and we are going to ask them to provide their documentation in, for example, two days or tell them that they did not provide it in a timely manner?

I would like to know how the government can violate human dignity in this manner.

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

Mr. Speaker, I would like to ask the member to comment about the intent of the bill, which is to introduce measures to deter criminal activity of human smuggling. It is about human smuggling, trying to protect Canadians and creating disincentives, so that in the future people do not take risks in getting involved and participating in human smuggling.

What about the fairness of this legislation and deterring criminal activity in human smuggling, which is really what the bill is about? That is what I would like the member to comment on.

[François Lapointe, NDP, Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC]

Mr. Speaker, if the government were to introduce a bill that gives the RCMP and other law enforcement agencies greater power to catch people who engage in the trafficking of immigrants, in human trafficking, I would be the first to support it. I can see they are not really interested in my answer. Like Bill C-10, the vast majority of these documents have to do with denying status, with creating a designated foreign national status. If the government really wanted to solve this problem, it would introduce a bill to do so.