Bill C-43 (Historical)

Faster Removal of Foreign Criminals Act

An Act to amend the Immigration and Refugee Protection Act

This enactment amends the Immigration and Refugee Protection Act to limit the review mechanisms for certain foreign nationals and permanent residents who are inadmissible on such grounds as serious criminality. It also amends the Act to provide for the denial of temporary resident status to foreign nationals based on public policy considerations and provides for the entry into Canada of certain foreign nationals, including family members, who would otherwise be inadmissible. Finally, this enactment provides for the mandatory imposition of minimum conditions on permanent residents or foreign nationals who are the subject of a report on inadmissibility on grounds of security that is referred to the Immigration Division or a removal order for inadmissibility on grounds of security or who, on grounds of security, are named in a certificate that is referred to the Federal Court.

Faster Removal of Foreign Criminals Act

[Jason Kenney, Conservative, Calgary Southeast, AB]

Mr. Speaker, on a point of order. I just clearly, audibly, heard the member for Malpeque say twice, “They are a bunch of racists”.

This is disgusting and beneath that member, beneath any member of this place. I would ask that he stand and withdraw.

[The Acting Speaker, Bruce Stanton]

Members will know, of course, that these types of words and references are not helpful to civil debate.

[Wayne Easter, Liberal, Malpeque, PE]

I withdraw.

[The Acting Speaker, Bruce Stanton]

I thank the hon. minister for his intervention and the hon. member for Malpeque.

Bill C-43—Notice of time allocation motion

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, on a point of order. Bill C-43, the faster removal of foreign criminals act, will put a stop to foreign criminals relying on endless appeals in order to delay their removal from Canada and during which they can commit more crimes. For that reason it is very important this law be put in place to protect Canadians.

However, I must advise that an agreement has not been reached under the provisions of Standing Order 78(1) or 78(2) concerning the proceedings at report stage and third reading of Bill C-43, an act to amend the Immigration and Refugee Protection Act.

Under the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at those stages.

Report Stage

[The Acting Speaker, Bruce Stanton]

I am sure the hon. members appreciate the notice of the government House leader.

We will get started with the Parliamentary Secretary to the Minister of Foreign Affairs. We only have two minutes. He will start and then he will pick up the remainder of his time when the House next considers the question before the House.

[Bob Dechert, Conservative, Parliamentary Secretary to the Minister of Foreign Affairs]

Mr. Speaker, I am happy to rise in the House today on Bill C-43, the faster removal of foreign criminals act. I think that title is very important.

As we all know, Canada has long been a destination of choice for immigrants. We have one of the highest per capita rates of permanent immigration in the world, and we accept so many immigrants that one in five Canadians today was born outside of Canada. In my riding of Mississauga—Erindale, 65% of my constituents were born outside of Canada.

I raised the issue of the bill just this last Sunday at a New Year's levee in my riding. There were 400 people in the room. I would say 300 of those 400 people were born outside of Canada. When I raised the topic of the bill, there was a standing ovation. This is what Canadians want us to do.

Canadians are generous and welcoming people, but they have no tolerance or patience for foreign criminals who abuse our generosity by fighting a futile battle to stay here long after they have worn out their welcome. Make no mistake, there are countless examples of convicted criminals who have done just that, including drug traffickers, murderers and even child abusers.

The faster removal of foreign criminals act would ensure that foreign criminals, who had been sentenced in Canada for serious crimes, cannot endlessly delay their deportation. It would do so by removing the right of appeal to the immigration appeal division at the Immigration and Refugee Board, which would help expedite the removal of anyone who receives a sentence of six months or more.

The legislation would also bar those who have committed serious crimes outside of Canada from accessing the immigration appeal division. By limiting access to the immigration appeal division, the government estimates that the amount of time certain criminals may remain in Canada would be reduced by 14 months or more.

Currently, a foreign criminal may be ordered deported if they could receive a maximum sentence in Canada of at least 10 years for their crime, or if they receive an actual sentence of more than six months. The problem is that under current law, as long as their sentence is less than two years, a permanent resident may appeal their deportation to the immigration appeal division, and if they lose that—

[The Acting Speaker, Bruce Stanton]

Order, please. The hon. parliamentary secretary may wish to mark that spot and he will have eight minutes remaining for his speech, and of course the usual five minutes for questions and comments, when the House next considers the question before the House.

The House resumed from January 29 consideration of Bill C-43, An Act to amend the Immigration and Refugee Protection Act, as reported (with amendments) from the committee, and of the motions in Group No. 1.

[Bob Dechert, Conservative, Parliamentary Secretary to the Minister of Foreign Affairs]

Mr. Speaker, when I left off earlier I was telling the hon. members here that under the current law a foreign criminal may be ordered deported if they could receive a maximum sentence in Canada of at least 10 years for their crime, or if they receive an actual sentence of more than six months.

The problem is that under the current law, as long as the sentence is less than two years, a permanent resident can appeal their deportation to the immigration appeal division. If they lose that appeal, they may then apply for leave and judicial review of that decision to the federal court.

As a result, serious foreign criminals, even violent and dangerous ones, are often able to take advantage of a sentence of two years less a day to delay deportation from Canada for many months, even years on end. Not surprisingly, those serious convicted foreign criminals have all too often gone on to commit new crimes in Canada and to victimize even more innocent Canadians.

Let me give just one example of how convicted foreign criminals have made a mockery of our judicial and immigration systems, while endangering the safety and security of ordinary Canadians. As Canadians have read in the media, Patrick Octaves De Florimonte arrived as a permanent resident from Guyana in 1994. Within two years of his arrival he was convicted of a serious crime, assault with a weapon. Less than a year later, he was convicted of two more crimes, theft and possession of a narcotic. One year later, he was convicted once again of assault. Just six more months passed and he had already faced yet another conviction for uttering threats.

Members can imagine where the story goes. In December 2005, Mr. De Florimonte was convicted of five counts of trafficking in crack cocaine. For this crime, he received his first sentence of longer than six months. Shortly after serving his 13-month sentence, he was convicted once again of assault with a weapon and for uttering threats. Mr. De Florimonte was reported for criminal inadmissibility in October 2006, but he was able to delay his removal when he filed an appeal with the immigration appeal division. His appeal was declared abandoned after he failed to show up for his hearing, but he was then able to reopen his appeal.

The immigration appeal division ultimately dismissed his appeal but he was able to further delay his removal once again when he asked the federal court to review the decision. The court denied his request in March 2011, and in October 2011, when he failed to report for his removal, a warrant was issued for his arrest. That was five years after he was initially reported for criminal inadmissibility.

Enough is enough. This has to stop. It is time to send a clear message to foreign criminals, such as Mr. De Florimonte, that if they commit a serious crime in Canada, we are going to give them a one-way ticket out of Canada as fast as we can. With Bill C-43, we are doing just that. We are putting a stop to convicted foreign criminals who rely on appeal after appeal in order to delay their removal from Canada during which time they continue to terrorize innocent Canadians.

Living in Canada is a privilege and we require very little of people to maintain their permanent residency. One of the very few things, however, that we do require is that they do not go out and commit a serious crime. We do not think that is too much to ask of someone who we have welcomed into our country with open arms. If people do commit serious crimes, they will get their day in court because everyone, even a foreign criminal, deserves that.

With Bill C-43 foreign criminals would still get their day in court, but what they will not get is years in court. Abusing our process is a desperate, last ditch effort to delay their removal from Canada. In other words, foreign criminals deserve due process but not endless process.

Shortly after its tabling, media commentary and editorials were enthusiastic in their support of Bill C-43. The Globe and Mail wrote that the Minister of Citizenship, Immigration and Multiculturalism had made a convincing case for a new law allowing the swift deportation of convicted criminals. The tiny share of immigrants and refugees who lack citizenship and are convicted of serious crimes on Canadian soil forfeit their right to be here. Sun Media columnist, Lorne Gunter, meanwhile wrote that Bill C-43 is “so sensible it will probably surprise most Canadians that the new policy isn't already the law of the land”.

We think that virtually every Canadian would agree with the need to implement the fair and reasonable measures found in the faster removal of foreign criminals act. I am confident that my hon. colleagues in the House share this sentiment and will express this by supporting the bill.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I think the government would be best advised to recognize that whether it is a Liberal member of Parliament or even a New Democratic member of Parliament, there is no one in the House who is trying to say that we should not speed up the process of getting rid of foreign criminals or landed residents who commit horrendous crimes.

In fact, if the government were really on top of things, there are many other things it could be doing, such as providing adequate resources. One of the examples that the government, and Conservative member after Conservative member, bring up is the Clinton Gayle incident, saying that if it were not for the appeal process that RCMP officer would still be alive.

I would like to make reference to an email that I received and would ask the member to comment on it.

Clinton Gayle did appeal a deportation order but lost. The immigration department lost his file and then failed to get the travel document. Gayle was not removed and he subsequently killed Officer Baylis. The department, not the appeal division, was sued by the police force for its negligence and the department settled the suit. The reason Gayle remained in Canada was because of the department's incompetence in his removal. That is the real reason.

Bill C-43 would not have, as many of the Conservative members are saying, made a difference or saved that RCMP officer.

The bottom line is that there are many other things the Department of Immigration, working with other ministries, could do that would ensure the criminals it wants to get out of the country would get out quicker, and these do not include the measures that would be taken in Bill C-43.

[Bob Dechert, Conservative, Mississauga—Erindale, ON]

Mr. Speaker, the member will know that it is not only Conservative members of Parliament who have been making this case about Clinton Gayle and Constable Baylis. In fact, The Globe and Mail said exactly the same thing.

The Globe and Mail said:

The infamous example of Clinton Gayle underscores the need for such legislation.

A Jamaican citizen who was convicted in Canada of multiple criminal offences, Mr. Gayle was able to remain in the country long after a 1991 deportation order, because of the immigration appeals process. In 1996, he shot two Toronto police officers, killing one of them.

The member will know that if Mr. Gayle had not had the opportunity to make the appeal in the first place, he would not have been in Canada and had the opportunity to kill that police officer.

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

Mr. Speaker, I have a question for my colleague from the Conservative Party.

In my riding, one of my constituents immigrated from Vietnam and moved to Quebec 32 years ago, when he was 8 years old. He and his brother came to Canada aboard a ship. His parents had been killed in Vietnam, so he was an orphan. He grew up here and not long afterwards, he was put in a reception centre because his brother could no longer take care of him.

Of course he learned a few things while he was living at the reception centre. He became a juvenile delinquent here in Canada and he was put in prison when he was 18. Now, this man, who is 40 years old and has six children, is being sent back to Vietnam. He does not even speak the language. He became a delinquent during his youth here in Canada. And he is going to be sent back to Vietnam

What is the member's position on that? Does he believe that this man is a foreign criminal or a Canadian criminal?

[Bob Dechert, Conservative, Mississauga—Erindale, ON]

Mr. Speaker, I would point out that he is not a citizen and he has committed serious offences.

However, what the member should know, if she has ever had an opportunity to read the Criminal Code of Canada, is that there are a number of hybrid offences, offences whereby the Crown can proceed by way of indictable or summary conviction offence. They are very serious crimes, crimes such as sexual assault, armed robbery, and the list goes on.

In order to ensure that justice is done swiftly, the Crown often chooses to proceed by summary conviction and, as members will know, they would then get a sentence of two years less a day and would then, under the current law, be able to remain in Canada despite the fact that they had committed a sexual assault, an armed robbery or some other serious offence such as that.

We are putting an end to that today with this bill and Canadians wish us to do so.

[Wai Young, Conservative, Vancouver South, BC]

Mr. Speaker, I am pleased to have the opportunity to join the debate on Bill C-43, the faster removal of foreign criminals act. I will be voting against the opposition amendments proposed at the report stage, as they would prevent this important bill from becoming law.

While debating this bill the opposition members have claimed that it would affect every single one of the 1.5 million permanent residents in Canada. I agree with them. Every single one of those 1.5 million permanent residents would be safer because our government would be removing dangerous foreign criminals off our streets and out of our country more quickly.

Our government knows that a vast majority of newcomers to Canada are honest, hard-working and law-abiding. Because of this, newcomers, maybe even more than those born in Canada, want us to crack down on crime. What is more, immigrants are more likely to be victims of dangerous foreign criminals than those who are Canadian-born. Permanent residents would be safer, thanks to this bill and the actions of our Conservative government.

In recent days we have had the opportunity to listen to hon. members who are opposed to this legislation attempt to explain why they oppose this bill. The New Democrats and the Liberals are aghast at the idea of changing foreign criminals' ability to appeal a deportation to the Immigration Appeal Division for those sentenced to six months or more in prison from the current two years. There really has been no shortage of hypothetical examples detailing how this change will “go too far” and tear families apart because of minor crimes. It is very telling that while Conservative members have provided a dozen or more real-life cases to show why this bill is needed, the New Democrats and Liberals have not been able to identify one single real-life example of someone being sentenced from six months to two years for what they refer to as “a minor crime”. There has not been any, not one real-life case, to justify shocking opposition to this bill which is so needed to keep Canadians safer across our country.

The Liberal immigration critic from Winnipeg has been particularly vocal in stating that any young adult can find themselves in a situation where by accident they end up with a prison sentence of six months or longer. I point out that the president of the Canadian Police Association disagreed with him. In fact, the president made it very clear that receiving a six-month sentence in Canada is a benchmark that the person is a criminal, and usually a repeat offender. However, apparently the New Democrats and Liberals do not care what police associations or victims organizations have to say about this bill. They have completely ignored the massive support that this bill has received and that even the media have given it across Canada.

Let us take a look at what the New Democrats and Liberals deem to be minor crimes leading to sentences of six months to two years. They are assault with a weapon, breaking and entering, robbery, sexual assault and, in one case a few years ago, sexual assault of a senior citizen. This list goes on and on.

When the hon. members opposed to this legislation stand up and claim that changing the eligibility to appeal a deportation to the Immigration Appeal Division would potentially negatively affect innocent well-intentioned permanent residents, it is the crimes of the dangerous foreign criminals that they are actually defending. Make no mistake: these criminals who have been found guilty are also often repeat offenders, dangerous foreign criminals who should not be on Canadian streets.

Their victims are just as real as their crimes. They are innocent Canadians. They are families whose bank accounts have been emptied, who will never feel safe again in their own homes, or they are seniors who have been sexually violated in the most horrendous way. These victims are law-abiding Canadians who put trust in their elected representatives to protect them. The opposition members disregard for the rights of victims is lost in a cloud of rhetoric over this legislation, which they say would go too far.

Some of the hon. members across the way have expressed outrage that we are using a handful of extreme examples that are not representative of the actual people whom this bill would affect. Apparently 850 dangerous foreign criminals appealing their deportation every year, with 2,700 currently waiting for a decision on their appeal, is not a significant enough number for the opposition. I point out again that the Canadian Police Association disagreed with the opposition. Its president was shocked at how high this number is. When he appeared before the committee in strong support of this bill, he made it clear that this number is much too high, as it is also too high for law-abiding Canadians.

I am very disturbed by the NDP and Liberal attempts to defend dangerous foreign criminals. I am shocked that they have repeated in this House, in contradiction to what the police association has said, that a six-month sentence is not a serious crime. If it were up to the NDP and Liberals, we would be debating a bill entitled “the slower removal of foreign criminals act”, or “the keeping foreign criminals in our communities act”.

Our Conservative government is finally putting a stop to dangerous foreign criminals relying on endless appeals to remain free to make more victims of innocent Canadians.

Canadians are a generous and welcoming people to newcomers and the vast majority of them are honest and law-abiding, whether Canadian-born or immigrants to Canada. They have no tolerance for our generosity being abused.

With this legislation, we are fulfilling a campaign commitment to take a stand against a core problem in our immigration system, which is one that sees the welfare of dangerous foreign criminals given more consideration than their victims. The measures in this bill would end the current system that allows dangerous foreign criminals to remain in this country for too long after their welcome has been worn out and they have made it clear they do not seek to contribute to Canadian society but rather to abuse it.

Our government is committed to protecting the safety and security of Canadians. Bill C-43, the faster removal of foreign criminals act, is our commitment, put into action, to seek real results to keep Canadians safe.

The well-being of Canadians, their safety and security, is not a partisan issue. The integrity of our immigration system is not a partisan issue. Canada's ability to properly deal with those who victimize our citizens is not a partisan issue. These are real issues that Canadians from all walks of life, who have suffered and spoken clearly about, want us as parliamentarians to take action on.

I respectfully ask that the hon. members in the opposition consider the facts rather than prevent the passage of this bill. Please put the well-being of Canadians and the integrity of our immigration system first, and support Bill C-43.