Bill C-4 (Historical)

Preventing Human Smugglers from Abusing Canada's Immigration System Act

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

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

Protecting Canada’s Immigration System Act

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, one of the things the minister is aware of is that in Bill C-4 there was a requirement that even children be kept in detention if deemed to be among the irregular arrivals. The government saw the wisdom of the opposition, who suggested that we should not be holding 8 or 10-year-old children in detention. In that sense, there was an improvement in Bill C-31 from Bill C-4, and I applaud the minister for listening to the opposition's concerns regarding the detention of children.

My question for the minister is this. In the case of a child who is eight years old and arrives with a parent, what would be the circumstances of the parent being detained for up to a year and child not? What is the government suggesting in that situation?

[Vic Toews, Conservative, Provencher, MB]

Madam Speaker, in respect of the process by which this bill is proceeding, I want to commend the Minister of Citizenship, Immigration and Multiculturalism for the work that he has done. It is important to see this bill in the overall context of our immigration reform, which is absolutely necessary. Had the opposition said it agreed that Bill C-4 was important and that it would move the bill along quickly, I am sure the Minister of Citizenship, Immigration and Multiculturalism would perhaps have viewed this differently. Yet the opposition has consistently opposed very prudent measures to protect our immigration and refugee system.

Contrary to seeing these provisions as penalties imposed on refugees, we have to see the measures in this bill as steps to protect the integrity of our immigration and refugee system. I think everyone recognizes that when they come here to this new country that we have a vested interest in ensuring that those who are not legitimate in their process of arrival have to be subject to very rigorous concerns.

Canada has no apologies to make for the number of immigrants that we accept in this country. I come from an immigrant background as well and understand what it means to have to follow the rules to get into this country. My ancestors were very fortunate to be allowed into this country, but we understood that there are rules. I still have relatives wanting to come to this country who are waiting patiently to come here. Every time an illegal, criminal—

[Don Davies, NDP, Vancouver Kingsway, BC]

Madam Speaker, I would like to ask three questions of the minister.

First, the minister and the government introduced Bill C-4, the human smuggling component that is rolled into the omnibus bill, back in June of last year. If this bill is so important and urgent, why has the government withdrawn that bill and slowed down the process and now rolled those exact same provisions into this new bill, setting back the progress.

Second, I know that the hon. member was a lawyer in his previous career. In that regard, I would note that one of the main criticisms of the detention process in this bill is that it involves detention without review by a court for up to a year. The legal community has expressed concern that this may violate the charter. In fact, similar provisions have been struck down in the security certificate case, and yet the government has introduced an identical provision.

Third and finally, I want to get the minister's comments on article 31 of the UN Convention Relating to the Status of Refugees, which says that a country may not impose penalties on refugees because of their irregular arrival to a country. Yet this bill would impose on people, even if they were deemed to be legitimate refugees, the penalty of not being able to apply for permanent residency or to sponsor family members for five years. This does not target human smugglers but refugees and is a clear violation of the UN Convention Relating to the Status of Refugees. I would like the minister's comments on that as well.

[Hélène LeBlanc, NDP, LaSalle—Émard, QC]

Mr. Speaker, Bill C-31 threatens this common vision of hope and our collective desire to build a nation where compassion is the rule, a nation that opens its arms and offers a fair opportunity to those seeking asylum, safety and protection.

I must state clearly that Bill C-31 puts aside all the hard negotiated and balanced compromise on immigration reform that all parties, including the government, worked to achieve in the previous Parliament in former Bill C-11.

Unfortunately, the balance and the compromises that were achieved at the time have disappeared. Instead of punishing human smugglers, Bill C-31 attacks the refugees who are the victims of these unscrupulous people. Even more worrisome, the minister is giving himself certain powers that will jeopardize a system that must be fair and must honour international conventions.

Under Bill C-31, the minister will establish a list of safe countries and a list of countries that are considered unsafe. What is troubling is that this list will be established by the minister, rather than by a panel of experts in international relations, not to mention that this list will change depending on his assessment of the safety of the countries on that list.

In the previous more balanced immigration reform act, Bill C-11, the decision on whether or not a country was safe was left to a board of human rights advisers, not a minister with a red pen.

Perhaps most troubling of all, Bill C-31's unbalanced approach to immigration reform enables the minister to revoke the permanent resident status of former refugee claimants if the minister decides that their country of origin is no longer threatening.

There are many permanent residents that have made my riding their home. It can take years for someone to obtain permanent resident status, as many of my constituents know. Imagine the anxiety they would feel, how vulnerable they would be to know that the minister could revoke their status on a whim, just as they have begun to rebuild their lives.

In the meantime, these constituents have settled in Montreal. They have made friendships and have married. They have worked hard to make a living so that one day their children can go to school, college and university, and participate in our society. They have come to build lives and share in the prosperity and security that too many of us born here take for granted.

My colleagues know as well as I do that when the government makes rash decisions, our constituency offices are the first to hear about it. Our constituents turn to us when they can no longer count on government services, for example, because the delays have become untenable or because the process has become fundamentally unfair.

We respond to calls from our constituents who hope to be reunited with a spouse overseas and who, after months and years, can no longer wait and confess to us that their marriage is about to fall apart. We open our doors to mothers who come with their children, begging us to intervene because they are about to be deported in less than two hours and they are overtaken by desperation.

Decisions made by governments have very real and very human consequences, often far from Ottawa; we see that every day. The government needs to put more resources into processing requests, well-trained human resources that can meet the demand.

Bill C-31 epitomizes this government's callous vision of a society made up of two classes of citizens: good Canadians and those whom the Conservatives consider profiteers.

It is no accident that Canada is called the “new world”. Our country is a land of immigrants, a land that welcomes immigrants, a beacon of safety and hope and opportunity for a better life. That is the Canada whose values I stand for.

That is why I am urging the government to forget about Bill C-31, as it forgot about its predecessor, Bill C-4. I am asking the government not to repudiate the historic compromises that all parties achieved when they reformed our immigration system by passing Bill C-11 during the previous Parliament.

Those are the reasons why I oppose Bill C-31.

Protecting Canada's Immigration System Act

[Jasbir Sandhu, NDP, Surrey North, BC]

Mr. Speaker, I will be splitting my time.

I rise today to speak to Bill C-31, an act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act, the Marine Transportation Security Act and the Department of Citizenship and Immigration Act.

Before I get to that, we have heard in the House that in the previous Parliament, Bill C-11 was passed. I want to quote what a member of the government was saying at that time. He said:

I am pleased to report that the proposed reforms in the original version of Bill C-11 received widespread support. However, many concerns were raised in good faith by parliamentarians and others concerned about Canada's asylum system. We have, in good faith, agreed to significant amendments that reflect their input, resulting in a stronger piece of legislation that is a monumental achievement for all involved.

Who said that? The current Minister of Citizenship and Immigration. I quote him further. He said, “I am happy to say, create a reform package that is both faster and fairer than the bill as it was originally tabled”. He even praised how parties worked together to reach consensus and come up with that bill that worked for all parties. He went on to say, “Miracles happen”.

He further went on to say that the government took constructive criticism into account and recognized the need to work together. That was just a year ago. That was Bill C-11. All of the parties worked together to come to a consensus that would deal with some of the issues such as backlogs, having a fairer system for refugees, and so forth. He went on further to say, “The reforms we are proposing should have been implemented a long time ago”.

What has changed since June 2010 until now? Is it because the Conservatives got their slim majority and they are bringing out their hidden agenda? Instead of catching the smugglers, now they want to punish the refugees.

I will outline my concerns in regards to Bill C-31.

Bill C-31 is basically an omnibus refugee reform bill that combines the worst parts of the former Bill C-11, Balanced Refugee Reform Act, from the last Parliament, with Bill C-4, , preventing human smuggling, from this Parliament. It has basically three main purposes: a repeal of most of the compromises from former Bill C-11. It reintroduces Bill C-4, preventing human smuggling, which targets refugees instead of the smugglers. It introduces the collection of biometrics for temporary residents.

Bill C-31 would concentrate more power in the hands of the minister by allowing him to name safe countries and restrict refugees from those countries. Under the former bill, Bill C-11, this was to be done by a panel of experts, including human rights experts. Refugee claimants from safe countries would face extremely short timelines before hearings, 15 days. They would have no access to the Refugee Appeal Division in the event of a bad judgment. They would have no automatic stay of removal when filing for a judicial review and could not apply for a work permit for 180 days. It would also limit access and shorten timelines to file and submit a pre-removal risk assessment application and evidence.

Not only would the minister have the discretion to designate countries of origin, safe countries, the minister would also have the power to designate a group as an irregular arrival and determine what condition would be placed on those designated as refugee claimants.

Let us take a look at the designated countries of origin, DCOs. Designated countries of origin would be countries which the minister believes do not produce legitimate refugees, usually because they are developed democracies. The designated countries of origin would be decided by the minister, not by experts as was previously agreed to with the consensus of all parties.

Refugee claimants from the designated countries of origin would face a much faster determination process and a faster deportation for failed claims. Furthermore, an initial form would be filed in within 15 days.

Failed designated countries of origin claimants could be removed from Canada almost immediately, even if they asked for a judicial review. In other words, a person could be removed before his or her review was heard. DCO claimants would have no access to the new refugee appeal division.

There are a number of concerns with this. The accelerated timeline of 15 days would make it difficult for people to get proper legal representation. This could lead to mistakes and subsequently a negative decision. Legal experts have warned that these accelerated timeframes and restricted access to the refugee appeal division would create an unfair system.

Furthermore, the effect of the accelerated deportation would mean that people would be removed from the country before the legal process had run its course. The refugee appeal division should be available to all claimants.

There are also concerns in regard to changes to the humanitarian and compassionate consideration. The humanitarian and compassionate consideration is a tool whereby a person can stay in Canada despite not being eligible on other grounds. Under Bill C-31, claimants waiting for an IRB decision could not apply for humanitarian and compassionate consideration at the same time. A person would have to choose at the beginning whether he or she wanted to file for refugee status or for humanitarian or compassionate consideration.

Failed refugee claimants could not apply for humanitarian and compassionate consideration for one year following a negative decision, by which time they would likely be deported.

There are a number of concerns with this aspect of the bill. This strips much of the usefulness from the humanitarian and compassionate consideration. Humanitarian and compassionate consideration is a very important tool in our immigration system. Many people whose refugee was claim denied could nonetheless have a legitimate claim on humanitarian and compassionate grounds. Therefore, a failed refugee claim should not get in the way of humanitarian and compassionate consideration.

Another part of this bill that concerns me is clause 19(1) which adds new language into the loss of status section for permanent residents. It adds that existing criteria for ceasing refugee protection can be a reason to lose permanent residency status. Included in the list is if the reasons for which the person sought refugee protection have ceased to exist.

In summary, there are many concerns with this bill. The new bill does not address some of the needs of our current system. The Conservatives are playing politics with refugees, and concentrating excessive and arbitrary powers in the hands of the minister. The Conservatives continually frame their draconian legislation in terms of bogus refugees and those abusing the system, but what they are really doing is punishing refugees with ineffective measures that will not stop human smuggling.

[Matthew Kellway, NDP, Beaches—East York, ON]

Mr. Speaker, as yet another member of the citizenship and immigration committee, I am pleased to stand and talk to Bill C-31, although I am disappointed to have to do so under time allocation.

Bill C-11 of the previous Parliament, which Bill C-31 seeks to replace, is due to come into effect in June 2012, a mere three months from now. Bill C-11 was a product of a minority Parliament, but according to the minister, it was also the product of good faith, something that should guide the way that all Parliaments, minority and majority alike, function.

The minister told Canadians that he listened to all the speeches on Bill C-11 and that:

During the debates and consultations, the government took constructive criticism into account and recognized the need to work together with the opposition to design a bill that reflected the parliamentary consensus.

What emerged from this approach to developing legislation, according to the minister himself, was “a stronger piece of legislation...a bill that is both faster and fairer than the bill as it was originally tabled”.

That progress, that monumental achievement for all involved, as the minister once described Bill C-11, is now about to revert to the slower, less fair, weaker piece of legislation in the form of Bill C-31 and the collective wisdom that informed Bill C-11 all but erased. What is left is a bill characterized by a terrible irony.

This is a bill that is meant to set out how to treat people who have fled their country of origin on the basis of persecution or fear of persecution on grounds that are protected by human rights laws and convention. Yet this is a bill that is dismissive, if not actually contemptuous of the rights and freedoms that Canadians and citizens of many other countries around the world feel are fundamental.

The Canadian Charter of Rights and Freedom, for example, is not reflected in the bill. Bill C-31 carries over from Bill C-4 the power of the minister to create a second, or in the terms of the bill, a “designated” class of refugee that face mandatory detention upon arrival. Such detention in the absence of good reason and sound process clashes with section 7 of our charter, which provides for the right to life, liberty and security of the person.

Further, group detention of refugees implies the detention of individuals without specific assessment and therefore grounds. Such arbitrary detention raises a violation of section 9 of our charter, and that is the right not to be arbitrarily detained or imprisoned.

The fact that there is no review of the detention for at least 12 months raises further issues. Section 10 of the charter requires that everyone arrested or detained has the right to be informed promptly of the reasons therefore, retain and instruct counsel and to be informed of that right, to have the validity of the detention determined within 48 hours and to be released if the detention is not lawful.

These are not the rights and freedoms of Canadians alone. They are what we call “human rights” and we consider them to be inalienable. In the language of our charter, they “belong to everyone”.

Long before our charter, we were signatories to the Charter of the United Nations. As a signatory to the UN charter, we reaffirmed our “faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small...”

What follows is our signature on a number of United Nations declarations and conventions and our participation in that organization all for the purpose of putting these beliefs into practice. Most relevant to today's debate is the International Bill of Human Rights, the Convention and Protocol relating to the Status of Refugees and the Convention on the Rights of the Child. Today I would like to focus on the latter and the treatment of children under Bill C-31.

Bill C-31, as we know, reintroduces Bill C-4 to the House with some minor changes. One of those changes is with respect to the treatment of children in that Bill C-31 does not commit children to detention, but nor does it say what becomes of the kids who arrive in a group that the minister declares irregular.

International declarations with respect to the rights of the child go back almost a century. Over this time, what has remained constant in the successive iterations of such rights and the recognition that: children embody human rights; that they are entitled to special safeguards, care and assistance, including appropriate legal protection; that, “for the full and harmonious development of the child”, they should grow up in a family environment.

And finally, and therefore:

...the family, as the fundamental group of society and the natural environment for the growth and well-being of all its members and particularly children, should be afforded the necessary protection and assistance....

Such consideration and commitments to children and their families who form part of an irregular arrival are nowhere to be found in Bill C-31.

Interestingly, and hopefully instructively, others have gone before us to measure the impacts of mandatory detention of child refugees against the Convention on the Rights of the Child.

Australia, as the government side will know, has a mandatory immigration detention system. It applies to children who arrive in Australia without a visa, so-called “unauthorized arrivals”. The Australian Human Rights Commission studied the impacts of this system and concluded that this system breached the following convention provisions: article 37(b) and (d), which is to ensure that detention is a measure of last resort for the shortest period of time and subject to effective independent review; article 3.1, which is to ensure that the best interests of the child are of primary consideration in all actions concerning children; article 37(c), which is to ensure that children are treated with humanity and respect for their inherent dignity; and article 22.1, article 6.2 and article 39, which all protect the right of children to receive appropriate assistance, to ensure recovery from torture and trauma, to live in an environment which fosters health, self-respect and dignity, and to enjoy to the maximum extent possible their right to development.

It further found that children in immigration detention for long periods of time were at high risk of serious mental harm and that the failure of its country, Australia, to remove kids from the detention environment with their parents amounted to cruel, inhumane and degrading treatment of those children in detention.

In short, the commission recommended the release of children with their parents and that immigration detention laws be compliant with the convention and based on a presumption against the detention of children for immigration purposes.

I have taken this time to review the findings of the Australian Human Rights Commission because it is a cautionary tale. Australia has gone before us down this path of immigration detention and, if it were not already obvious, there is at least now laid at the feet of the government more than ample evidence to suggest that it proceed with the detention of children and their parents in full understanding that such action is in conflict with the Convention on the Rights of the Child and causes harm to children and their families.

It is, in part, I am sure, because for our historic commitment to human rights, that from time to time people end up on our shores seeking safe haven or asylum from persecution and yet Bill C-31 proposes to deny to others the very rights and freedoms that define this country for ourselves and in the international community and make us so proud to be citizens of it.

[Rathika Sitsabaiesan, NDP, Scarborough—Rouge River, ON]

Mr. Speaker, I will be sharing my time with the member for Beaches—East York.

I rise today to add my strongest objection to Bill C-31, the Protecting Canada's Immigration System act. I find it ironic that the bill would be given this title. It would do anything but protect our immigration system. In fact, the bill would set out to dismantle our immigration system, damaging it legally, socially, morally and internationally. I find the omnibus nature of the bill very disturbing.

This particular bill groups together two major pieces of legislation, Bill C-4, the Preventing Human Smugglers from Abusing Canada's Immigration System act, and C-11, the Balanced Refugee Reform act from the last Parliament. Then it introduces the mandatory collection of biometrics for temporary residents. These are three major issues that deserve adequate attention and debate.

I have already stood in the House and expressed my strong objection to C-4, yet components of the bill reappear here in C-31. The bill would attack refugees rather than human smugglers. By placing an overwhelming amount of power in the hands of the minister, the bill would allow the minister to designate a group of refugees as an irregular arrival. If the minister believed, for example, that examination for establishing identity could not be conducted in a timely manner, or if it were suspected that the people were being smuggled for profit, or a criminal organization or terrorist group was involved in the smuggling, designated claimants would then be subjected to a number of rules. They would be mandatorily detained on arrival, or on designation by the minister, with no review by the Immigration and Refugee Board for their detention for a year. Release would only be possible if they were found to be true refugees. If the Immigration and Refugee Board ordered their release within a year, even then the Immigration and Refugee Board could not release people if the government said their identities had not been established, or if the minister decided that there were exceptional circumstances.

Decisions on claims by designated persons could not be appealed to the Refugee Appeal Division. A designated person could not make humanitarian and compassionate applications. A designated claimant could not apply for permanent residency for five years. If the person failed to comply with the conditions or reporting requirements, that five year suspension could be extended to six years.

This raises a number of concerns. First, this is extremely discriminatory as it would create two classes of refugee claimants: real refugees and designated claimants. This is possibly a violation of the Canadian Charter of Human Rights and Freedoms' equality rights, as well as the refugee convention, which prohibits states from imposing penalties on refugees for illegal entry or presence.

Second, detention without review is a clear violation of the charter rights. The Supreme Court already struck down mandatory detention without review on security certificates. This legislation would imply indefinite detention on the basis of identity with no possibility of release until the minister decided that identity had been established. Arbitrary detention is also a violation of a number of international treaties.

Third, designated persons would have no access to the Refugee Appeal Division. This means that these claimants would not have the right to an appeal, thereby removing any system of checks and balances.

Additionally, the mandatory five year delay in applying for permanent residency would further delay the family reunification process, forcing claimants to wait eight to ten years to be reunited with their spouse or child living overseas. Last, this legislation would create an undue barrier for humanitarian and compassionate claims. I am extremely concerned with the idea that the minister could name someone a designated claimant based on irregular arrival with no explanation of what constitutes an irregular arrival.

If we look at the history of the legislation of this nature, introduced by this government, we can see that it has glaring resemblances to Bill C-49 in the last Parliament.

Bill C-49 was hastily drafted by the government when Canadians witnessed the spectre of boats coming to the shores of British Columbia, carrying some of the most damaged and wounded people on earth. These were people fleeing, as the minister has rightly pointed out, one of the worst civil wars in the world, in Sri Lanka. Never ones to pass off a good photo op, the Minister of Citizenship, Immigration and Multiculturalism and the Minister of Public Safety were in British Columbia, holding news conferences where they publicly accused the people on these boats of being bogus refugees, harbouring terrorists and trying to jump the immigration queues. They called these people “queue jumpers”.

I find this extremely confusing. The government seems to be speaking out of both sides of its mouth. On one hand, we have the Minister of Foreign Affairs referring to the Sri Lankan civil war as a great atrocity where numerous war crimes and crimes against humanity were committed. On the other hand, we have the Minister of Citizenship, Immigration and Multiculturalism and the Minister of Public Safety accusing people fleeing this very violence of being bogus. This is completely absurd. Which one is it?

Some of the refugee claimants and the refugees who arrived on the MV Sun Sea now live in my riding of Scarborough—Rouge River. Many of them have told me stories of their trip to Canada and their arrival in British Columbia. Many of them had UNHCR refugee cards. Upon their arrival, the people who greeted them gathered all of their refugee cards. When there was not the same number of cards as people, all the people aboard were told that they had not presented adequate identification and documentation when they came. Regardless of whether they had refugee cards, they were all detained. Thankfully, many of these people have now been released, but some are still in detention. Some of these people who had refugee cards are still being detained.

I am going to go back to the idea of an irregular arrival. This concept is not defined in this legislation. Based on the history of this bill, it is easy to jump to the conclusion that irregular arrival means arrival by boat. This bill is essentially saying that people who arrive in an irregular fashion, or by boat, are not refugees but rather are criminals. This bill is saying that people who wish to flee war, conflict or persecution but do not have the means to pay for a plane ticket so instead risk their lives by throwing themselves onto a rickety cargo boat and spending months crossing an ocean are not real refugees. No, the government is saying they are criminals. They are not real asylum seekers. They are not really fleeing a horrible situation, leaving behind their homes, livelihood and families with hopes of creating a better life here in Canada. No, these people are criminals. This is what this bill and the government are telling us.

Furthermore, if they fail to provide adequate identification, they can be detained without review. Most refugees who come to Canada do not have documentation, regardless of which process is used to enter the country. When people flee their home nation, they leave everything behind. How can we expect people who have left a war-torn country to carry valid identification? This concept of queue jumping, as the minister likes to say, is completely bogus. These people still must go through the same immigration process as any other immigrant to Canada. When people are fleeing persecution or war, they cannot be called queue jumpers. For refugees, there is no queue to jump. There is no lineup for people who are in serious danger; people living through a civil war; or people being persecuted because of their gender, religion, sexual orientation, et cetera. When people's lives or the lives of their families are called into question, there is no line. These people must leave their country immediately. Once they are safely here in Canada, they must joint the same queue as everyone else who wants to gain some sort of status in our country.

The second part of this bill comprises of Bill C-11, from the last Parliament, and the calling of safe countries. In the 40th Parliament, after a lot of work and compromises, Bill C-11 passed this House with all-party support. It was scheduled to come into effect this spring. However, before the legislation that was passed by this House could even have a chance to come into effect, the members opposite have including the original legislation, Bill C-11, excluding any part of the amendments that were accepted by all parties, in this current omnibus bill. The government has not even given the original Bill C-11 from the last Parliament a chance to work.

The Conservatives are using fear-mongering and fear tactics to scare the current immigrants in Canada and current Canadians. They are pitting Canadians against immigrants and new immigrants against other newer immigrants. This type of fear tactics is absolutely wrong.

[Chungsen Leung, Conservative, Parliamentary Secretary for Multiculturalism]

Mr. Speaker, I wish to share my time with my colleague the member for Richmond Hill.

It is with great pleasure that I rise to speak today in support of Bill C-31, the protecting Canada's immigration system act. Bill C-31 would restore integrity to our asylum system by making Canada's refugee determination process faster and fairer, resulting in faster protection for legitimate refugees and faster removal of bogus claimants.

Canada has a well-deserved international reputation for having the most generous and fair immigration system in the world. Canada provides protection to more than one in ten refugees resettled each year worldwide, more than any other developed country in the world. However, the fact is that Canada's asylum system is vulnerable to abuse.

There are countless stories in the media on almost a daily basis about bogus refugees, serious criminals, and those who have committed crimes against humanity who are trying to take advantage of Canada's generous asylum system. This abuse wastes limited resources on bogus claims while legitimate refugees have to wait in a queue behind them. It also undermines public confidence in our immigration system.

Canadians are generous and welcoming but we have no tolerance for those who refuse to play by the rules and abuse our generosity. The current flawed refugee system has made Canada a target for those who are all too happy to take unfair advantage of us. As a result, too many taxpayer dollars are being spent on people who are not fleeing genuine persecution, but seek to exploit Canada's generous asylum system to receive lucrative taxpayer-funded health care, welfare and other social benefits.

The facts speak for themselves. For example, in 2011 Canada received more refugee claims from the democratic and human rights-respecting countries of the European Union than from Africa or Asia. Last year alone, a quarter of all refugee claims were made by European Union nationals.

Once these bogus claimants land in Canada most of them are eligible for a generous range of taxpayer-funded social services and benefits within days of arrival. They can then receive benefits for years as they wait for their refugee claims to be heard under the current slow system.

Virtually all of the refugee claims by Europeans are eventually withdrawn, abandoned or rejected. In fact, in many cases, the refugee claimants themselves eventually decide to return to their country of alleged persecution. These claims are, by any definition, bogus. These bogus refugee claims from Europe cost Canadian taxpayers more than $170 million per year.

Bill C-31 includes three sections, all of which are aimed at improving the integrity of Canada's immigration system.

First, the bill includes further refugee reform. While the Balanced Refugee Reform Act that was passed in 2010 was a much needed improvement, it did not go far enough to ensure that our refugee system was working as effectively as possible. For example, Bill C-31 would allow the government to designate countries that are not generally refugee producing, such as those in the European Union. Claims from these countries would be processed on average in 45 days compared to more than a thousand days under the current system. It is baffling to most people that the current system takes on average more than a thousand days to hear a claim, but it is the unfortunate truth.

Second, the bill includes provisions from Bill C-4, the preventing human smugglers from abusing Canada's immigration system act. These provisions include an increase in penalties for those who organize human smuggling events and the provisions aim to discourage anyone from using the services of human smugglers to come to Canada. It is important to note that there is one important difference: Bill C-31 includes an exemption from detention of minors under the age of 16.

I want to be clear, because there is a lot of intentional misinformation being spread about the detention aspects of the human smuggling provisions. Once the identity of a claimant has been established and a refugee claim is approved, which would be within a few months under the bill in many cases, individuals will be released.

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

Finally, Bill C-31 would provide the government with the authority to collect biometric data, in this case fingerprints and photographs, from visa applicants who want to enter Canada. Biometric data are much more reliable and less prone to forgery or theft. Implementing biometrics will strengthen immigration screening, enhance security, and help reduce identity fraud. It will prevent known criminals, failed refugee claimants and previous deportees from using a false identity to obtain a Canadian visa. It will also bring Canada's system in line with many other industrialized countries such as the U.K., the European Union, Australia, the United States and Japan.

Canadians have given our Conservative government a strong mandate to improve Canada's immigration system. Taken together, the measures included in Bill C-31 will help our government to put a stop to those who seek to abuse our generosity. The bill will save Canadian taxpayers $1.65 billion over five years. It will provide protect to genuine refugees in a more timely manner while allowing us to remove more quickly the bogus claimants who cheat the system and abuse our generosity. That is in the best interests of Canada and of genuine refugees.

The NDP is against this bill and has now made that much clearer. Unfortunately, its members even tried to kill this bill before any substantive debate was allowed to happen or it be studied at committee. That is more proof that they are more interested in playing games than working with the government to move forward with important pieces of legislation reflecting the priorities of Canadians.

Yet interestingly enough, when asked about Bill C-31, the member for Vancouver Kingsway, the opposition critic, had this to say:

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

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

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

I agree with that statement by the NDP immigration critic, which is exactly what Bill C-31 aims to do. This is why I call on all members of the House to work with our government in the best interests of Canadians and support Bill C-31, the protecting Canada's immigration system act, and ensure its speedy passage through the House.

Bill C-31--Time Allocation Motion

[Jason Kenney, Conservative, Calgary Southeast, AB]

Mr. Speaker, again, one of the important commitments we made was to take action against human smugglers. That was a promise we made before the last election. We debated this issue for days. The opposition prevented the adoption of legislative measures to combat human smuggling.

We renewed this commitment during the election campaign. We were elected on a mandate to take action on this and we introduced Bill C-4, which was again blocked by the opposition's stalling tactics. At some point, after dozens of speeches, we have to put words into action and allow the committee to study at length the legislative measures we are proposing to combat human smuggling.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, the government is trying to say it does not want any more members of Parliament to debate Bill C-31. It will allow for two or three or whatever number works, but there is a limit. It is trying to prevent members of Parliament from debating the bill.

The minister tries to justify it by saying we have had endless debate on human smuggling over the last year. The minister is fully aware that Bill C-4 is non-existent now. Bill C-31 not only replaces it, but it adds a whole new aspect to the bill.

It is an issue of affording MPs the opportunity to debate. This is something this new Conservative majority government has refused to do 18 times. This is but one example. The government killed the Canadian Wheat Board, with which I know the minister is familiar, using time allocation.

My question is why is the government, time and time again, resorts to time allocation as a way to prevent legitimate, honest debate inside the House of Commons, thereby stealing the voices of Canadians--

[Jason Kenney, Conservative, Calgary Southeast, AB]

Mr. Speaker, first of all, I hear implicit in that question an acknowledgement from the hon. member, which I appreciate, that time allocation is a legitimate tool in managing legislative business. I think what she is questioning is under what circumstances it is used. She suggested it ought not to be used unilaterally. I would submit that by definition, it is the government that has the responsibility for moving forward a legislative mandate and government orders which must trigger and vote in favour of time allocation when it is used, as was the case under the previous Liberal government and would be the case under any future Liberal government.

On the substance of this, let me clear. In the last Parliament we had dozens of hours of debate on the human smuggling provisions now found in Bill C-31. Canadians were frustrated that the opposition refused to allow those measures to be adopted into law. We had an election. The Conservative Party made legislation to combat human smuggling a key priority in its platform. We had television advertisements on it. The Prime Minister spoke about it across the country. That constituted part of the democratic mandate that we received.

Then we brought in Bill C-4. We had dozens of hours of debate on that bill and faced another opposition filibuster. Now we have included those measures in Bill C-31 and we know perfectly well what will continue if we do not use time allocation.

Just in this Parliament already we have had 18 hours of debate on the human smuggling provisions, 73 speeches and, I would submit, probably more in the previous Parliament. There has been already more than ample debate on these measures. It is time for us as a Parliament to act to combat human smuggling and to keep our commitment to Canadians to do it.

[Jason Kenney, Conservative, Calgary Southeast, AB]

Mr. Speaker, quite the contrary. The hon. member is wrong because a number of measures in Bill C-31 were included in Bill C-4, which the current Parliament has debated for dozens of hours.

Indeed, we saw the official opposition's clear intention to filibuster in order to prevent the introduction at second reading of a motion to refer the bill to the standing committee. That was clear. The opposition members have already had dozens of hours to continue their filibuster on the measures to fight criminal networks that organize human smuggling.

We have to focus on the substance of the bill. It is very important for fighting criminal human smuggling networks. Human smuggling is a dangerous trade that kills thousands of innocent people every year. We have introduced reasonable measures to combat human trafficking.

Protecting Canada's Immigration System Act

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

Madam Speaker, I will be sharing my time with the hon. member for Laurentides—Labelle.

A policy without justice is an inadequate policy. Bill C-31 completely jeopardizes refugee rights. Never in human history have refugee rights been as threatened as they are under the Conservatives and never has our democracy been as discredited as it is under the Conservative government, which is unable to respect the compromises reached in consensus with the other parties.

The government seems to forget that our ratification of international conventions on refugee rights and human rights requires us to bring our laws and policies into line with the provisions of these international conventions.

Canada is a signatory to the 1951 Geneva Convention on Refugees. Bill C-31, intended to protect Canada's immigration system, respects neither the spirit nor the letter of the Geneva convention. Having read the bill, one wonders whether the Canadian Charter of Rights and Freedoms, adopted by the House in 1982, is still in effect in Canada.

Let us not forget that Bill C-31 is an omnibus bill, which seeks to amend the Immigration Refugee Protection Act by unfortunately incorporating into Bill C-4 the most unreasonable provisions of the former Bill C-11, which received royal assent in June 2010.

The government had three main goals in mind for this bill: revoking the majority of the compromises included in the former Bill C-11, Balanced Refugee Reform Act, which received support from all the parties; reintroducing Bill C-4, the Preventing Human Smugglers from Abusing Canada's Immigration System Act; and finally, introducing the use of biometrics into the temporary resident program.

Bill C-31 raises some serious concerns in addition to the those already raised by Bill C-4, the unconstitutional nature of which we have raised and highlighted in our previous interventions.

In my speech today, I would like to draw the attention of the House to some of the concerns that Bill C-31 raises. In reaction to the introduction of Bill C-31, the Canadian Association of Refugee Lawyers says that like the sorry Bill C-10, Bill C-31 is extremely complicated.

The most draconian measures in Bill C-4 have been integrated into Bill C-31. Let us look at a few examples. Bill C-4 provided for mandatory detention for one year for people fleeing persecution in their country of origin and entering Canada without identity documents in their possession. Also, Bill C-4 eliminated review of detention for refugees who are smuggled into Canada.

The provisions pertaining to detention found in Bill C-4, which are being reintroduced in Bill C-31, are a direct violation of our Constitution. Furthermore, the jurisprudence constante of the Supreme Court is categorical in this regard.

Why are the Conservatives attempting to put themselves above the rule of law, which is a key principle of our democracy, even though they are familiar with the precedents of our high court? Why are they attempting to mislead the House by proposing that it pass laws that they know violate not only our Constitution, but also the Canadian charter and human rights conventions that our country has signed? Pacta sunt servanda is a principle of international law. Signed conventions have to be respected.

Furthermore, lawyers specializing in refugee rights have said that they are deeply troubled by the short time frames that Bill C-31 gives refugee claimants to seek Canada's protection. They find that Bill C-31 drastically changes Canada's refugee protection system and makes it unfair. Bill C-31 imposes unrealistic time frames and unattainable deadlines on refugee claimants and uses the claimants' inability to meet those deadlines to exclude them from protection.

In fact, under the terms of Bill C-31, refugee claimants have only 15 days to overcome the trauma of persecution, find a lawyer to help them, gather the documentary evidence to support their allegations, obtain proof of identity from their country, scrape together the money for legal fees, present an articulate and coherent account of their life, and so forth.

Is there a woman who has been raped and traumatized who would be willing to tell her story to a stranger? I am a psychologist and I know that is impossible in the time provided.

Unsuccessful refugee claimants will have 15 days within which to file an appeal under Bill C-31. As everyone can see, the time frames imposed on refugee claimants are not long enough to allow them to make full answer and defence.

Under our justice system, the greater the risk to life, the longer the time frames given to the person being tried to prepare his defence. Bill C-31 does not respect this principle of fundamental justice.

I am also deeply concerned not only about the new term—designated country of origin—that Bill C-31 introduces into our legislation but also about the undemocratic nature of the process for designating the countries in question. Under Bill C-31, the minister alone has the power to designate safe countries of origin, without first defining the designation criteria for these countries.

According to the Canadian Association of Refugee Lawyers, the designated safe country list and the unilateral power granted to the minister dangerously politicize Canada's refugee system.

Refugee claimants who are on a designated safe country list have even less time to submit their written arguments and will not be allowed an appeal.

Bill C-31 also relieves the minister of the obligation of justifying why a country is safe and considering the differential risks that certain minorities face in a country that is safe for others.

If Bill C-31 is passed, refugees will become more vulnerable because their fate will depend on the political whims of the minister and the government. Failed claimants from designated countries of origin can be deported from Canada almost immediately, even if they have requested a judicial review of the decision. In other words, a person can be deported before his case is heard.

This shows us that the government has no understanding at all of the Geneva Convention relating to the Status of Refugees, which was adopted on July 28, 1951. The convention insists that the individual concerns of victims of persecution be taken into account. The Geneva convention does not state anywhere that international protection is granted to the victim of persecution based on the country in which the persecution was experienced.

Persecution of religious minorities does not occur solely in non-democratic countries, nor does discrimination based on sexual orientation occur solely in non-democratic countries. Race-based persecution can happen anywhere in the world. All signatories to the European Convention on Human Rights are democratic countries, but the jurisprudence of the European Court of Human Rights is teeming with rulings that condemn democratic states for abuses of individual rights.

If that is the case, by what objective criteria can the minister deny a person international protection based on the fact that he or she is from a particular country and claims to have been persecuted because of his or her sexual orientation or religion?

The process of designating countries of origin is not carried out by an independent, democratic entity. The government is judge and jury. It has the power to designate countries of origin considered safe, and it has the power to refuse protection provided for in the Geneva convention on refugee status without examining the merits of a given case.

I would also point out that under subclause 19(1) of Bill C-31, the government can, if it chooses, withdraw the international protection due to victims of persecution on the grounds that circumstances have changed in the refugee's country of origin. Under this provision, the government could now decide to send people to whom it granted international protection during the first and second world wars, for example, back to their countries of origin.

Subclause 19(1) also adds new terms to the section concerning loss of permanent resident status. It states that the existing criteria for withdrawing protection from asylum seekers can be grounds for loss of permanent resident status.

I will conclude with one final concern about changes that Bill C-31 makes to claims made on humanitarian grounds. Such claims enable a person to stay in Canada even if he or she is not eligible on other grounds. Unfortunately, under Bill C-31, applicants awaiting a refugee appeal division decision cannot simultaneously apply on humanitarian grounds.

This bill is unjust and cruel. It is antithetical to Canadian values of compassion for victims of persecution, and it must be defeated.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Madam Speaker, there is much in this legislation that is deeply concerning to me and other members of the Green Party across Canada. I know the parliamentary secretary has referred to what happened in previous Parliaments, but I was not in the House at that time. However, I am deeply concerned about the approach that will be taken on refugees who arrive by what is called irregular entry.

Since Bill C-4 was introduced earlier this year, Bill C-31 appears to subsume Bill C-4 and provide it in a different fashion. I note now that we will not be interning children under 16 years of age, but what will happen to refugee families that arrive on our shore? Apparently, parents and anyone over the age of 16 who arrive at our shore will to be interned for a year. What will happen to children under the age of 16?

[Hélène LeBlanc, NDP, LaSalle—Émard, QC]

Madam Speaker, I would like to say that in the riding I have the pleasure of representing, there are many people with refugee status. There is a lot of confusion, and many people are worried. These people's stories are disturbing, and I am very upset and worried about them.

I have a question for my colleague from Winnipeg North because he is a member of the Standing Committee on Citizenship and Immigration. First there was Bill C-4, which was studied in the House. Now we have Bill C-31, and before that, there was Bill C-11. Is my colleague concerned that all of these changes will make the refugee claim process even more cumbersome?