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 bill is from the 41st Parliament, 1st session, which ended in September 2013.

Sponsor

Vic Toews  Conservative

Status

Second reading (House), as of Oct. 3, 2011
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

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.

Similar bills

C-31 (41st Parliament, 1st session) Law Protecting Canada's Immigration System Act
C-49 (40th Parliament, 3rd session) Preventing Human Smugglers from Abusing Canada's Immigration System Act

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-4s:

C-4 (2021) Law An Act to amend the Criminal Code (conversion therapy)
C-4 (2020) Law COVID-19 Response Measures Act
C-4 (2020) Law Canada–United States–Mexico Agreement Implementation Act
C-4 (2016) Law An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act
C-4 (2013) Law Economic Action Plan 2013 Act No. 2
C-4 (2010) Sébastien's Law (Protecting the Public from Violent Young Offenders)

Preventing Human Smugglers from Abusing Canada's Immigration System ActGovernment Orders

October 3rd, 2011 / 6 p.m.

Calgary Southeast Alberta

Conservative

Jason Kenney ConservativeMinister 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?

Preventing Human Smugglers from Abusing Canada's Immigration System ActGovernment Orders

October 3rd, 2011 / 6 p.m.

NDP

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.

Preventing Human Smugglers from Abusing Canada's Immigration System ActGovernment Orders

October 3rd, 2011 / 6 p.m.

NDP

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.

Preventing Human Smugglers from Abusing Canada's Immigration System ActGovernment Orders

October 3rd, 2011 / 6 p.m.

NDP

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.

Preventing Human Smugglers from Abusing Canada's Immigration System ActGovernment Orders

October 3rd, 2011 / 6:05 p.m.

Conservative

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.

Preventing Human Smugglers from Abusing Canada's Immigration System ActGovernment Orders

October 3rd, 2011 / 6:05 p.m.

NDP

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.

Preventing Human Smugglers from Abusing Canada's Immigration System ActGovernment Orders

October 3rd, 2011 / 6:05 p.m.

NDP

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.

Preventing Human Smugglers from Abusing Canada's Immigration System ActGovernment Orders

October 3rd, 2011 / 6:15 p.m.

Blackstrap Saskatchewan

Conservative

Lynne Yelich ConservativeMinister 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.

Preventing Human Smugglers from Abusing Canada's Immigration System ActGovernment Orders

October 3rd, 2011 / 6:15 p.m.

NDP

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.

Preventing Human Smugglers from Abusing Canada's Immigration System ActGovernment Orders

October 3rd, 2011 / 6:15 p.m.

NDP

Jonathan Tremblay NDP Montmorency—Charlevoix—Haute-Côte-Nord, QC

Mr. Speaker, it is very interesting to note that the government members like to compare Canada to the rest of the world when it comes to the economy, as though Canada were the best. However, whey they talk about human rights, they tell us that other places are doing this and they do not see why we should not do it here. Why should we in Canada be able to violate the rights of a group of people?

I wonder if the hon. member for Montmagny—L'Islet—Kamouraska—Rivière-du-Loup could share his thoughts on the fact that the minister would have the right to designate an arrival as irregular and refuse to consider an application for permanent residence.

Preventing Human Smugglers from Abusing Canada's Immigration System ActGovernment Orders

October 3rd, 2011 / 6:15 p.m.

NDP

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

Mr. Speaker, I thank my hon. colleague for his question. Like him, I think that when we compare ourselves to others, we must do so in all things, not only when it suits us to make one specific point.

In November 2010, the High Court of Australia found in favour of two Sri Lankan refugees who alleged that the laws preventing them from appealing their cases before Australian courts were unfair. Other countries that have tried to impose extremely strict laws on refugees have been told by their legal systems that they cannot do so. So, yes, we know that other countries' attempts to do the same thing have failed.

Preventing Human Smugglers from Abusing Canada's Immigration System ActGovernment Orders

October 3rd, 2011 / 6:20 p.m.

London North Centre Ontario

Conservative

Susan Truppe ConservativeParliamentary Secretary for Status of Women

Mr. Speaker, I want to remind members opposite that human smuggling is a criminal enterprise that spans not only Canada but the globe. Human smugglers facilitate for a profit individuals reaching Canada illegally. By charging people large sums of money for their transportation, human smugglers have made a lucrative business out of facilitating illegal migration, often by counselling smuggled persons to claim asylum in the country to which they are smuggled.

In particular, the human smuggling networks in Southeast Asia are large and growing. Human smuggling undermines Canada's security and large-scale arrivals make it difficult to properly investigate whether those who arrive, including the smugglers themselves, pose risks to Canada on the basis of either criminality or national security. They ignore the fact that human smuggling is not just a profitable business but dangerous and puts the lives of those smuggled in jeopardy.

Preventing Human Smugglers from Abusing Canada's Immigration System ActGovernment Orders

October 3rd, 2011 / 6:20 p.m.

NDP

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

Mr. Speaker, I am trying to figure out the question. I only heard a very long statement. I am surprised that the hon. member elaborated on the same issue as the first member from the governing party. I will give the same answer.

I would be prepared to discuss and support a bill that contained every possible means to attack someone who has defrauded people and put them in a container. However, I cannot support a bill that unfairly treats people who tried to flee an extremely difficult situation and suffered abuse. I invite the government to do the same thing it should have done with Bill C-10, in other words, something concrete to address this serious problem—

Preventing Human Smugglers from Abusing Canada's Immigration System ActGovernment Orders

October 3rd, 2011 / 6:20 p.m.

The Acting Speaker Bruce Stanton

Order. Unfortunately, the time has expired. Members never have enough time for questions.

Resuming debate. The member for Shefford has the floor, but I will have to interrupt him at 6:30.

Preventing Human Smugglers from Abusing Canada's Immigration System ActGovernment Orders

October 3rd, 2011 / 6:20 p.m.

NDP

Réjean Genest NDP Shefford, QC

Mr. Speaker, I am a Canadian living in the 21st century, and I am proud to be recognized as a citizen of a host country. Yes, Canada is a host country. I have had the opportunity to travel in my lifetime and this has allowed me to discover three things, among others.

First, my Canadian identity is highly regarded, which is not a surprise. A number of young people came to my riding office this summer to pick up some Canadian flag stickers to put on their backpacks to ensure that they would treated well wherever they went and as a symbol of pride. Second, in other places I have been able to visit, such as Colombia, people do not have the same opportunities. Families are evicted from their land and violence is ever-present.

The third is existential in nature. While I am addressing you in this chamber, there are mothers and fathers who are hoping to give peace and joy to their families and to be able to feed them. They are hoping to come to Canada and build a better world with us. They are hoping to go to sleep at night knowing that all their children are asleep in their beds and that none of them have stepped on a mine. How many parents here are thinking of that?

Yes, there are other peace-loving people like you and me, Mr. Speaker, who want a good life. That is the hope of every human being. What is our duty? Is it to shut the door, to tell them that it is not our problem? In my riding of Shefford I have the opportunity to represent immigrants from 104 countries. That is right, 104 countries. You have no idea how pleased I am, as an MP, to be able to help them. I did not start this wonderful resettlement work. We have an organization known as SERY, or Solidarité ethnique régionale de la Yamaska. SERY does great work. It helps all manner of immigrants who have been in Canada for less than five years: refugees, independents, asylum seekers, caregivers, work permit holders—