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 was last introduced in 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 often publishes better independent summaries.

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.

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.

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

September 19th, 2011 / 5:50 p.m.
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NDP

Rathika Sitsabaiesan NDP Scarborough—Rouge River, ON

Mr. Speaker, the bill does not really mention human smugglers very much, except in the title. When we actually look at the bill piece by piece, it mentions refugees a lot more than it mentions people who are smuggling people into this country.

Unfortunately, the Conservatives, the government and the bill do not actually talk about or attack human smugglers in the bill.

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

September 19th, 2011 / 5:50 p.m.
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NDP

Charmaine Borg NDP Terrebonne—Blainville, QC

Mr. Speaker, my colleague spoke about the effect that a long waiting list can have on someone applying for permanent residency. She also stated that there is a very large backlog in the system.

Can my colleague comment on the effect that waiting an additional five years, as proposed by this bill, will have on the constituents in her riding?

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

September 19th, 2011 / 5:50 p.m.
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NDP

Rathika Sitsabaiesan NDP Scarborough—Rouge River, ON

Mr. Speaker, people are waiting for their parents or grandparents to join them here.

I will talk about my grandparents. My grandmother is 93 years old right now and I am lucky to have her here with me. If I were waiting another 5, 10 or 15 years for my grandmother to join us, I would not be able to meet my grandmother. The last time I would have seen her was when I was five years old.

Unfortunately, that is the reality of so many people living in Scarborough—Rouge River, but I know it is the same reality for many Canadians living across the country from coast to coast to coast. They are not able to reunite with their family members. We are forcing families to be apart and children to live without their parents.

Just recently I got a letter from a constituent. The mother and child are here but the father is stuck back home. The child came here when she was two. She is now nine and does not know her own father.

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

September 19th, 2011 / 5:50 p.m.
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Conservative

Ted Opitz Conservative Etobicoke Centre, ON

Mr. Speaker, I sympathize with the hon. member and her personal experiences. My mom was in a forced labour camp in Nazi Germany and my father survived the Soviet gulag, so I understand what it means to find a safe haven in a country with freedom, democracy, human rights and the rule of law.

However, I am perplexed why the hon. member thinks that smugglers are actually benevolent in some way because they are exploiting asylum seekers trying to come to Canada.

Although there may be examples aboard those ships of legitimate individuals, I would like to know why the hon. member thinks that there is absolutely no risk to Canadian security and safety. Would the hon. member be prepared to put her own personal guarantee against anybody stepping off one of those ships?

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

September 19th, 2011 / 5:50 p.m.
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NDP

Rathika Sitsabaiesan NDP Scarborough—Rouge River, ON

Mr. Speaker, I am not an expert in identifying individuals. That is why we have those people in the RCMP and at the Canada Border Services Agency who are trained to do these things.

I will not provide a personal guarantee to anybody about anything to do with people coming off a boat. However, I have a problem when the member opposite and the bill only talks about individuals who are risking their lives by throwing themselves on a cargo boat and coming across an ocean. These are the people who are being targeted by the bill.

Unfortunately, there are agents who are smugglers and who send people by airplane, but those people are not being targeted by the bill, unfortunately, and only the people who are the poorest of the poor and who are risking their lives are being attacked by the bill.

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

September 19th, 2011 / 5:50 p.m.
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NDP

Raymond Côté NDP Beauport—Limoilou, QC

Mr. Speaker, I would like to thank the hon. member for her wonderful speech, which allowed us to see the human side of the situation of refugees and immigrants. It is important to understand the possible consequences of implementing the arbitrary measures proposed in Bill C-4. This can have human, economic and social impacts since a traumatic experience can take a very long time to get over.

Since the government is always going on about security, does the hon. member believe that this bill, as proposed, will somehow improve national security?

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

September 19th, 2011 / 5:55 p.m.
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NDP

Rathika Sitsabaiesan NDP Scarborough—Rouge River, ON

Mr. Speaker, I really do not see any difference in an increase to the level of our national security. Our forces do a really good job. This bill is attacking refugees who are coming to Canada seeking a safe haven, like the member for Etobicoke Centre earlier mentioned. I do not think people who are coming to find a home that would welcome them, that would allow them opportunities and provide their children a life are risking the security of our country.

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

September 19th, 2011 / 5:55 p.m.
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Oak Ridges—Markham Ontario

Conservative

Paul Calandra ConservativeParliamentary Secretary to the Minister of Canadian Heritage

Mr. Speaker, there has been a lot of talk about what is and is not in the bill. The hon. member referenced two ships that were infamously turned away. I am not sure where in this legislation it contemplates turning any ships away.

She also seems to want to have it both ways. On the one hand, she talks about the professionalism of our security services, the Canada Border Services Agency and the RCMP. On the other hand, she suggests that the people who have been detained, specifically the individuals who came off these two ships last summer, were been treated unfairly, that the officials in British Columbia and the people who took care of their health, education and endeavoured to find out who they were and under what circumstances they came somehow treated these people so poorly that they have been left traumatized by the experience of being in Canada. I suggest that is absolutely not the case and they were treated properly.

Would she agree with me that it is the responsibility of a government to protect sovereignty and to ensure anybody who seeks to come to this country is the person he or she says? That would include, since she is not willing to give a personal guarantee, that the RCMP and the security services of our country endeavour to make sure that everybody who wants to come here actually comes here for the right reason.

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

September 19th, 2011 / 5:55 p.m.
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NDP

Rathika Sitsabaiesan NDP Scarborough—Rouge River, ON

Mr. Speaker, the one ship I spoke about was the MV Sun Sea. When the people were kept in detention, there was only one member of Parliament, as far as I know, who visited them in the detention centre and that was the New Democrat member of Parliament for Burnaby—New Westminster. I was actually providing some translation services and working with local community members on the ground who were visiting individuals in the detention centre on a regular basis.

As I mentioned earlier, people who came out of the detention centre are now living in my constituency. They have said that the individuals treated the adults well, but when children are separated from families and kept in detention centres for long periods of time, it has psychological and physiological effects on children. The member probably missed that in my speech.

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

September 19th, 2011 / 5:55 p.m.
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Liberal

Hedy Fry Liberal Vancouver Centre, BC

Mr. Speaker, I rise to ask for withdrawal of the bill unless it can prove itself to be different and unless we can make some serious amendments to it because the unintended consequences of the bill will have disastrous affects.

No one here thinks human smuggling and human trafficking is good. We know it exploits people, whether it is because they are poor, or they are seeking work in another country, or they are fleeing persecution and fear for their lives. Exploitation of that kind is in fact egregious and all of us agree on that. We all want to do something to target the actual people who do that exploitation.

At the same time, it is not a simple black and white issue. Many people are seeking to come to this country because they fear for their lives and that of their families. Many of them are women who fear they will be raped. We know in certain parts of the world, because of their different caste or religion, or whether they are journalists, or no matter what they are, many people are in danger. History has shown us that people who are afraid, who are in danger and fear for their lives and that of their families will do absolutely anything to survive and to save their families. So many of them sell what little they have and they find ways of even buying passage onboard a ship to come here.

Let us separate the victim from the smuggler. If the bill had new amendments that would deal with those people who exploit, I think we could talk about that. However, the bill has muddied the waters. It seeks to take the victims, the people who are genuine refugees, who are afraid and who seek asylum in our country, and creates a sense that these people are wrong-doers, that they are criminals, that they have no valid reason to seek asylum at all in our country. It creates a sense of xenophobia and fear among Canadians because it muddies the waters and it creates a sort of broad and generic term that does not clearly define what the problem is.

In 2005 the Liberal government and the minister of justice brought in a bill on this issue. It was a bill that tried to deal with the complexity of human smuggling and human trafficking. It talked about preventing the trafficking itself, which is dealing with some of the failed states that we talk about, helping them with democratic institutions and playing a role abroad. It talked about preventing poverty in other parts of the world where people might seek refuge because of lack of poverty and the ability to feed their families.

Prevention was a huge piece. Prosecution of the actual smuggler, the person committing the crime, was a huge part. There were very heavy sentences in prosecution put down. It also talked about protecting the victim, the person who was being smuggled, or trafficked, or exploited. There was a real balance in the bill. It also talked about building partnerships with other nations, with international organizations, with international humanitarian groups, with police around the world, like Interpol, to try to find ways to deal with the criminal element of traffickers.

It was a solid bill and I would have thought that if the government wanted to add to that bill, there were lots of amendments it could have made that would have dealt with it from that kind of balanced perspective. However, what we see here is that this bill catches in its net, and I want to be kind and not say it targets, but inadvertently catches in its net genuine refugees and it creates significant barriers to those who are seeking asylum. In fact, it re-victimizes them if we look at the bill clearly.

I want to back up a bit and look at the history of many of the so-called illegal refugees who have come to our shores over the history of Canada. There were those people who we called the Vietnamese boat people, many of whom are here. They came in boats. We opened our arms so that many of them now are really strong citizens of this country. We saw other groups. In the history of the second world war the St. Louis came here with Jews aboard it. No one knew what was going on in Europe at the time, so everyone thought it was a scam and sent these people back to certain death in the camps in Germany. We know there were about 80 Estonians in World War II who came to these shores on a tiny little boat that was supposed to take 40 people.

We have made mistakes in the past in our country, turning away people who were genuinely seeking help. We do not want to repeat those mistakes. The Prime Minister himself called that the black history of Canada. We have made apologies to these groups. We have given them redress. We have done everything to try to right some of those wrongs we did when we took a sledgehammer to a delicate issue and problem.

We recognize that even now. Many of the so-called refugees that we say are the United Nations convention refugees live in camps, in a sort of free zone between countries that are in conflict. We also know that in the days of Nazi Germany, we did not know what was going on at the time. We were not aware of the full extent of what was happening in Vietnam .

Historically we have not known what is going on in some states, with the quiet pogrom against various people, the quiet disappearance of people in many countries that are supposed to be bona fide countries that we trade with and talk to.

We need to know that people are fleeing for their lives. We need to apply a level of humanitarian empathy toward what is happening to these people. In fact, a very famous illegal migrant to our country came with her family, stowed away illegally aboard a ship coming to our shores. It turns out it was one of very great governors general of the country, the Right Hon. Adrienne Clarkson.

We cannot just throw a piece of jello at the wall and see if it slides or sticks. This is about people's lives. We have to deal with it very differently.

What we would create with this is a two-tiered system of refugees in the country. First and foremost, these refugees would be detained for 12 months without a review. This violates section 10 of our Charter of Rights and Freedoms. In fact, the current provisions within the charter and within law demand some kind of review after 48 hours. The government now suggests this should be 12 months. Children will be detained for 12 months in a camp. This is unconscionable. That violates the United Nations Convention on the Rights of the Child. Do we not care about the international conventions and treaties on to which we have signed?

In fact, under the United Nations convention on the status of refugees, denying asylum to arrivals who come seeking asylum to the shores of any nation, even if those arrivals are illegal, violates section 31 of the United Nations convention on the status of refugees. Therefore, we are already denying and violating our own laws, our own constitution and international treaties that we have signed.

When we put people away after they have been found out to be valid refugees, they are being denied liberty for five years, taking away the ability to get any documents in those five years. For those five years they are stateless, neither permanent residents or temporary residents or citizens. They are nothing. The police can ask them to come and report at any time, asking them whatever questions they wish to and the refugees must produce documents. What is happening in the country, when it has been proven they are genuine refugees and they are still treated in that way.

There is ample legislation in the country dealing with and detaining individuals who are criminals when there is in fact reason for Canadians to fear for their safety or who we think are a flight risk. There are things that we can use. We have instruments to use right now.

Let us imagine the economic loss of opportunity that will be created. For five years someone is unable to work or do anything. These people may come with skills or trades and may be able to contribute to the country, to the productivity and the economic benefit of this nation.

We heard the Minister of Citizenship, Immigration and Multiculturalism say that today, that immigrants and refugees have come to this country and contributed to nation-building and growth. We are denying five years of a person's ability to do that. During that time people lose their skills, their certification and are unable to work at that because they have lost all the skills and training they had.

To take away the value of these refugees to Canada and to Canada's economic growth and prosperity does not make any sense to me at all. Therefore, for most of us, it is an issue of fully re-victimizing people, not just for 12 months but for 12 months and then for 5 years after, 6 full years. It does not make any sense. It certainly does not give Canada's reputation a boost. It makes us look as if we have become a mean-spirited nation over this period of time.

There is a growing notion among people that an illegal refugee is automatically a danger to our society. I gave some examples of people who have not damaged this country, who have come here and helped to build a strong nation and are strong contributors to our country.

I know that the Prime Minister apologized for all of the bad things that we used to do. He called it the dark history of Canada. We need to think this thing through very carefully. We see an arbitrary attitude: “Who cares. Let them eat cake. There are always going to be bad people and if we find two bad people in a group of 100, then let us slam the two and throw away the other 98. We are going to sledgehammer legislation to catch two people who may or may not be violating the law”.

Let us criminalize the ones who are exploiting. Let us criminalize the smugglers. Let us find ways to work with others to chase them down and to deal with that issue, but let us not victimize people any more. That kind of doublespeak does not help. It creates among Canadians a deep sense of xenophobia. Everyone is afraid of that other, that is going to harm them, when most of us have been part of that other at some point in time in the history of this country.

I would ask the government to look at the bill carefully. I would ask the government to do one of three things. One choice would be to withdraw the bill because it is the same bill we had prior to the election in the last Parliament. Everyone said it was a bad bill. The government could accept amendments. We could have a generous length of time to look at the bill at committee and present amendments. That would take political will. It would take goodwill. It is a majority government and there is no need to use a fist to ram everything through. The government could actually listen to parliamentarians and people who say there are ways in which the bill could be made better. At the least, the bill should be sent as a reference on certain questions of legality and constitutionality to the Supreme Court of Canada so the court could decide whether the bill is legal and constitutional. Most scholars have told us it is not. Most of us in the House know it is not. I would suggest that the government knows it is not.

The bill plays on emotions. It tells half-truths to Canadians. It confuses them. It muddies the waters. What we are creating is a fear about people who may need Canada to help them find new lives and save their families just as we would if we were fleeing persecution here in Canada. Let us hope that none of us ever has to do that, but let us remember that history has taught us otherwise. Let us remember that there are many people who came here as illegal migrants and are contributing to Canadian society in major ways. They are hard-working people who are helping to build this great nation of ours.

Let us withdraw the bill, or at least send it to the Supreme Court on questions of constitutionality and legality.

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

September 19th, 2011 / 6:10 p.m.
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Blackstrap Saskatchewan

Conservative

Lynne Yelich ConservativeMinister of State (Western Economic Diversification)

Mr. Speaker, I would like to set the record straight. The member suggested there is no opportunity for those seeking refugee status, but the bill does allow for that. It does allow for those arriving on vessels to have access to Canada's asylum system and are deemed eligible to make a refugee claim. They will receive a hearing on the merits of their claim before the independent Immigration and Refugee Board.

The member led those who are watching the debate to believe there will be no opportunity but there will be an opportunity. The bill does allow for that. It introduces measures to deter the criminal activity of human smuggling and to create enough disincentive so that in the future, people do not place themselves at risk by taking part in the smuggling operations.

To say that these people have no way of claiming refugee status is not true.

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

September 19th, 2011 / 6:10 p.m.
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Liberal

Hedy Fry Liberal Vancouver Centre, BC

Mr. Speaker, there are United Nations convention refugees, as I said in my speech earlier. They are people who go into the lineup and sit in camps for years and years until a country will take them. They are called convention refugees. Then there are those who cannot stay because they are afraid. There are no no-fight zones for them to stay in. They have to run and hide. They will do anything to save their lives. Saying that these people do not have to take part in this does not sound reasonable or rational to me. If a person is going to die or be killed tomorrow, if a person is fleeing and hiding with members of his or her family, the person would do anything to save them.

To say that they have access is not true. When they came they would be forced to be detained for 12 months without review. The current law states that within 48 hours they have to have some sort of review to check their refugee status. The hon. member is leading us astray when she says that they have recourse. They do not. Children would be detained for a whole year. Then for five years they would be stateless persons with no documents and they would be subject to recall at any time by police. That is a denial of human rights and civil liberties.

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

September 19th, 2011 / 6:15 p.m.
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Liberal

Scott Simms Liberal Bonavista—Gander—Grand Falls—Windsor, NL

Mr. Speaker, this afternoon I have noticed that this debate has dwelled a lot on the frame of mind of people who are refugees or in a situation of complete and utter distress. It is a situation I have never seen and I hope I never will. I am willing to bet that the vast majority of us if not all of us in the House have never been in that position. We have to juxtapose that with what is best for the nation and what is best for them. In saying that, there are several issues at play.

One is we are creating a two-tiered element. In the past we talked about country of origin and now we are talking about a two-tiered element. These are classifications put on human beings under an extreme amount of stress. This has to be a thorough debate simply because they cannot participate in it and I am glad it is happening in this way.

Shifting to the more domestic side of things, this is a question on what is contained within the amendment we put forward this morning. It is about the Charter of Rights and Freedoms and protecting against arbitrary detention and prompt review of detention because Bill C-4's provisions violate international obligations relating to refugees and respecting the treatment of persons seeking protection.

I would like my colleague to comment on those who are seeking protecting juxtaposed against the Charter of Rights and Freedoms.

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

September 19th, 2011 / 6:15 p.m.
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Liberal

Hedy Fry Liberal Vancouver Centre, BC

Mr. Speaker, earlier I talked about the fact that this bill is in violation of many treaties that we have signed.

The Charter of Rights and Freedoms is a national piece of legislation. In fact, to arbitrarily detain people without any recourse or review for up to 12 months would violate section 10 of our charter. The current legislation says only 48 hours,

Canada was one of the first nations to sign proudly the United Nations Convention on the Rights of the Child. However, we would see children being detained for up to 12 months. Even if the country said that it would not detain children, what would we do with them? Where would we send them? Would we take them away from their parents? Would we put them on a boat somewhere out in the ocean? Would we leave them in no man's land?

This is a ridiculous piece of legislation in that it does not even pay attention to the basic, logical, legal human rights of people.

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

September 19th, 2011 / 6:15 p.m.
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NDP

Jinny Sims NDP Newton—North Delta, BC

Mr. Speaker, it is always a privilege to rise in the House, but I wish I did not have to speak on this issue.

I look back to what we did recently in Parliament. We passed a piece of legislation that addressed refugee issues in a very comprehensive way.

It really puzzles me that the bill before us came under public safety. Since when have we started to look at immigration and citizenship issues as issues of public safety? The legislation refers most of the time to the Immigration and Refugee Protection Act. I believe that the wrong minister has presented this bill. It needs to be addressed under immigration.

My colleagues have made some wonderful points about the five years that a person would have to wait to get any papers before being able to travel. A person could wait up to a year to see what kind of designation he or she was going to get. That is a long time. After that it could be another five years. If the person does not report on the right date, it could actually be lengthened to six years. We would be looking at seven years before the person could apply for residency.

I want us to look at the human element. We all value our families and our safety and security. I want us to look at what we are proposing for families who are going to be moving here under refugee status from very difficult circumstances. We are saying that it will be not one, five or six years, but possibly seven years before they could apply for permanent residence. It means many years of having no travel documents and no status.

It also brings to my mind a young woman with whom I have been dealing. She is a refugee from Somalia. She moved to Canada about four and a half years ago. She brought three of her children with her. She left one of her children behind with her mother because the child was still a toddler, two years old. When she got to Canada she wanted to be able to work and she did not know who would look after the two year old. The mother is elderly and she has applied for the child to join her. The child is eight years old. She left that child behind at the age of two.

Under the new proposal, people cannot even apply for five, six or seven years, depending on their luck or the arbitrary decision of someone. Then when applying after that many years, they could wait another three, four, five, six, seven or eight years. That same two year old could be 14 or 15 years old.

Surely when the United Nations came up with a convention regarding people seeking asylum under the refugee status, it did not have in mind that families would be separated for that length of time. I want members to imagine the impact on that mother who lives in my community, even under our current rules. She comes to my office two or three times a week looking for some magic to speed things up.

I want us to always remember that when we sit in this very august House and pass legislation, it has a real impact on families and it will have an impact on those families and individuals moving to this country. What message are we sending around the world?

There was a time in my youth when I travelled around Europe and people used to want to wear the Canadian flag. Americans travelled wearing the Canadian flag. I asked them why they carried a Canadian flag when they were American. I had not moved to Canada at that time and I was interested. They said that it was because Canada was held in such high esteem. If we start taking these kinds of steps in which we create two levels of refugee status and we are seen as separating families for 5, 10, 12 years, very soon Canada's image internationally will be tarnished.

We see ourselves as and we are a compassionate and caring nation. We give a great deal of attention and forethought to humanitarian needs. I would say that the essence of this bill is not humanitarian. It has very little compassion built into it.

This morning I heard my colleague from across the aisle speak very eloquently to the need to punish smugglers. I absolutely agree but I believe we have legislation that exists now that gives the highest sentence possible that any Canadian court can give, which is a life sentence. We do not have punishment beyond a life sentence in Canada, which I am happy about. For me, that punishment already exists.

At this time, we should not punish people who are already victims, because that is what refugees are. They have already been victimized. They have had to leave their homes. They are running away. They have left their belongings behind and some have left their family members behind. They find asylum across the border and eventually hope to get into countries like Canada. When they come here, they make contributions and become wonderful members of society.

Let us not make further victims of those refugees now by making them go through all these unnecessary hoops, which are not going to deter the smugglers or agents who might be involved in wrongdoing. If we are worried about smugglers using the refugee status to bring people into this country illegally, then let Parliament and the government provide funding to the RCMP and other enforcement agencies. Let there be more oversight over the laws that we already have.

As I said previously, we already have a law in place that gives human smugglers the highest possible punishment. Now it is about enforcing that legislation and finding the smugglers. We will not find the smugglers sitting on a boat that is bringing refugees to Canada. I always say that, for all we know, they are wearing Armani suits and sitting in a New York or Toronto cafe drinking cappuccinos. If we are really after the people who are breaking our laws and abusing the refugee laws we have right now, let us dedicate resources and tackle that issue so that we are actually tackling the issue, instead of now, with this legislation, making things more difficult for a very victimized group already.

I have to be honest. I stayed up to go through some of this legislation and kept asking what the purpose of this was. What are we are hoping to achieve? We are a nation of immigrants. We have refugees who come here from all over the world and I would say that we have not had any more than a handful who have been anything but legitimate.

If that is the case, why are we doing this? Why are we instilling some kind of fear in everyday Canadians that there is a gargantuan problem out there and that this is the magic pill. This is not a magic formula to address those who break our laws. All this does is divide families for a longer period and humiliate, and I use that word deliberately, people who have suffered.

I have had the privilege of working with refugee families as a volunteer in the evenings and on weekends while I was a teacher , and I have had the privilege of teaching young people who have come from refugee camps. I remember a young man I reached out to and what his reaction was. He came from a very violent background and what he needed was security and assistance. Those are the kinds of families that may be in limbo for up to 12 months and then, if they are designated into this category, it could be another five or six years.

Let us, as Canadians, remember our humanity and our compassion.