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.

Motions in amendment

[Devinder Shory, Conservative, Calgary Northeast, AB]

Mr. Speaker, I am pleased to have this opportunity to debate Bill C-43. If passed, the faster removal of foreign criminals act will go a long way toward ensuring the safety and security of Canadians, and for that, I wholeheartedly support it.

Unfortunately, the opposition has put forward several amendments that would essentially gut the bill and prevent it from becoming the law. In other words, the NDP and Liberals are trying to prevent us from protecting the safety and security of Canadian families.

Canada's immigration system is rightly regarded to be among the most open and generous in the world. Immigration has always been a sustaining feature of Canada's history, and continues to play an important role in building our country. In fact, our Conservative government has welcomed the highest sustained levels of immigration in Canadian history.

Our immigration system works really well, but it is not perfect. No system is, but with Bill C-43 we are taking action to correct one glaring problem afflicting our immigration system.

We see time and time again that foreign criminals who have committed serious crimes on our soil are able to endlessly delay their deportation by using an avenue of appeal that exists under the current law. There are many examples of convicted foreign criminals who have abused our generosity and tested our patience by drawing out their removal process via this avenue. They include fraudsters, drug traffickers, rapists and child abusers, some of the worst people humanity has to offer.

Take the case of Cesar Guzman, who was issued a deportation order after being convicted of sexually assaulting a senior citizen. As Nadia Moharib reported in the Calgary Sun, his victim was an 87-year-old woman at a senior care facility where he was employed. Despite the seriousness of his loathsome and sickening crime, this sexual predator, a man who preyed on and violated one of the most vulnerable members of our society, was sentenced to only 18 months in prison.

To make matters worse, the short length of that sentence allowed this sex offender to appeal his deportation order. This man should have been sent packing back to Peru as soon as he walked out the prison gate after serving his sentence, but because of the avenue of appeal that opened for him, the removal process ended up dragging on for years. Having initially been ordered deported in May 2007, Mr. Guzman was not removed from Canada until April 2011, amounting to nearly four years of delay.

Canadians can be forgiven for seething with rage when they hear the details of this disturbing case. The bottom line is that this man should never have had the opportunity to appeal his deportation in the first place.

Currently, a permanent resident or foreign national 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 system, as long as their sentence is less than two years, a permanent resident can appeal their deportation order to the Immigration Appeal Division at the Immigration and Refugee Board. If they lose their appeal at the IAD, they may then apply for leave and judicial review of that decision at the Federal Court, and on it can go from there.

As a result, serious foreign criminals are often able to delay deportation from Canada for many months, even years on end. In all this time, while their victims suffer, they are free to walk on the street. What is worse is that many of these convicted criminals have gone on to re-offend while they are in Canada, endangering Canadians and making a mockery of our laws.

With Bill C-43, we want to send a clear message to foreign criminals. If they commit a serious crime in Canada, they will get their day in court, but they will then be sent packing as quickly as possible. Under Bill C-43, any permanent resident who receives a sentence in Canada of six months or more would no longer be able to appeal their deportation to the IAD. Also, those who have committed serious crimes outside Canada will be barred from accessing the Immigration Appeal Division. In addition, those who are inadmissible on the most serious grounds, such as organized crime or war crimes, would no longer have access to a program that is meant for exceptional cases deserving of humanitarian and compassionate grounds.

Yet another key change would give the Minister of Citizenship, Immigration and Multiculturalism a new authority to deny entry in exceptional cases to the foreign nationals who give rise to public concern, such as individuals who encourage or incite hatred likely to lead to violence. This would close a loophole in our current system whereby certain foreigners who are not admissible to Canada are admissible even though they might represent a risk to us. Those foreigners may, for example, have a long track record of promoting hatred and inciting violence against vulnerable groups.

Individuals with immediate family members who are inadmissible on grounds of security, human or international rights violations, or organized criminality would also be barred from visiting Canada under Bill C-43, even if they are travelling alone. That being said, we would facilitate the visits of those individuals with immediate family members who are inadmissible on less serious grounds, such as health.

The government is committed to the safety and security of Canadians and Bill C-43 is a strong expression of that commitment. Indeed, the proposed changes in this legislation would increase our ability to protect Canadians from criminals and security threats, including newcomers who have come here to find peace and build a new life. At the same time, we would also strengthen our immigration program and facilitate entry for some low-risk visitors. These tough but fair measures would ensure that foreign criminals are not allowed to abuse our generosity endlessly.

I hope that my hon. colleagues in the NDP and Liberal parties will stop opposing this bill and join us in supporting Bill C-43 and help make these measures a reality.

[Jasbir Sandhu, NDP, Surrey North, BC]

Mr. Speaker, in my constituency of Surrey North, there are many Canadians waiting to be reunited with family members abroad. Under the present Conservative government, that lineup has gotten longer and longer. Not only that, but there are also qualified individuals here who have come from different countries whom the government has failed to help find appropriate jobs.

Why is my colleague demonizing immigrants instead of focusing on improving the broken immigration system that is in place?

[Devinder Shory, Conservative, Calgary Northeast, AB]

Mr. Speaker, I thought the member for Surrey North would be asking a question on Bill C-43.

However, as he has asked about visa issues, my colleague should know that this government has brought in the maximum number of immigrants into Canada. This is the government that has been trying to fix the broken immigration system put in place by the previous government. This is the government that has issued the maximum number of visas. For example, in Chandigarh, the rate was 32%, but now it is above 50%. The member should know better.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, the member listens to the minister's propaganda a little too much.

It was the Liberals who established the office in Chandigarh. It was the Liberals who created the nominee program that has allowed the current government to hit the immigration numbers it is hitting. At the end of the day, we do not mind sharing our successful programs with the Conservatives, but we do take exception when they mess up on legislation. This is one of those cases. A specific example of that within Bill C-43 deals with misrepresentation.

I am sure the member is aware of unintentional misrepresentation, which occurs by accident or through a bad immigration consultant or lawyer, and a mistake is made on the application. Through Bill C-43, the government would increase the wait time from two years to five years, which seems very harsh when many innocent mistakes are made when filling out an application. That is why we have the term “unintentional misrepresentation” for issues such as immigration lawyers who give bad advice. However, with Bill C-43, there seems to be a fairly heavy consequence for this.

Why would the government not be open to an amendment that would keep the wait time at two years as opposed to five years, especially where it is proven that an unintentional mistake was made?

[Devinder Shory, Conservative, Calgary Northeast, AB]

Mr. Speaker, my colleague from Winnipeg North should know, first of all, that I am an immigrant. The vast majority of immigrants who come to this country want to work hard and play by the rules. They value Canada and seek to be productive members of our great nation.

Those who would come to this country and break our laws and victimize our fellow Canadians do not deserve a break. That is my belief, and I deal with immigrants on a day-to-day basis in my riding, because mine is one of the most multicultural ridings in Canada.

[Marc-André Morin, NDP, Laurentides—Labelle, QC]

Mr. Speaker, Bill C-43 is problematic. In fact, the title is the only thing that makes any sense and the only thing we all agree on. The thing that offends me the most is that the Conservatives are accusing us of trying to protect criminals and stonewalling the bill. Clearly, it will be impossible to have any kind of reasonable, intelligent debate as long as the other side of the House continues to use abusive language and give such extreme examples. They describe all kinds of horrible things for weeks, but that will do absolutely nothing to advance the debate.

I occasionally meet people in my riding who came to Canada as immigrants or refugees. They tell me that what bothers and offends them the most is to see powerful people, people with tremendous resources, who manage to beat the system and come to Canada with certain privileges. Those people are the hardest to deport in many cases. The sluggishness and inefficiency of the whole immigration system really bothers many of these people when they want to bring the rest of their family to Canada.

It makes me laugh to hear the Liberals and Conservatives argue about this, since the system's inefficiencies go back about 100 years. Both parties have been equally incompetent ever since the system was first created.

When the Conservatives decide to fix something, they always take aim at whatever is not broken. For example, although there are problems with border security and delays in processing immigration files, they find it easier to attack a very small number of people with unpronounceable surnames. They ask them to talk about all the horrible and repugnant things they have done in order to maintain a sort of fear in society. That is what they do. They put all their energy into that, instead of thinking about the issue and having an intelligent discussion with people who, like us, are actually trying to protect citizens from a minority of people with bad intentions who really represent a threat to our society.

The Conservatives are repeating all the mistakes made by Australia. This is nothing new and it is not insignificant. Canada's treatment of aboriginal peoples is based on the Australian model, which turned out to be horrible. Australians apologized and continue to work on fixing the damage they caused. More recently, they reformed their immigration system and made terrible mistakes, which they are now correcting.

Now we are implementing their model. I do not understand where the Conservatives look for their ideas. That is the danger with all extreme positions. There is no room for reflection in extremism. They only know how to be derisive instead of thinking things through. In the long run, they will destroy our country and its reputation. This is going nowhere.

The Conservatives accuse us of not wanting to collaborate or make constructive comments. However, every time they open their mouths, they accuse us of being criminals.

[Jason Kenney, Conservative, Minister of Citizenship]

That is odd, Mr. Speaker. The member just said that we are destroying the country because we want to expedite the deportation of dangerous foreign criminals. That is something else.

My question is very simple. Does the member agree that we should remove foreigners from this country if they have been found guilty in a Canadian criminal court and have been given a sentence of six months or more?

Does he believe that it is acceptable to delay deportation of these criminals for years, or does he believe that we should remove them as quickly as possible to keep our communities safe?

[Marc-André Morin, NDP, Laurentides—Labelle, QC]

Mr. Speaker, obviously I agree that dangerous criminals who have been given a sentence for a very serious offence should be sent home to their own country. We do not want to bring criminals to Canada; we want to bring people who will work and contribute to society.

The danger with the minister's comments is that people end up forming associations in their minds. If people only ever hear about extreme cases and base their judgment on those cases, they begin to associate temporary residents or refugees with criminals. It is that aspect of the government's attitude that I find shocking.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, the government and this particular Minister of Citizenship and Immigration have been soundly criticized by many stakeholders across the country in regard to the way in which the department, through the minister, is going to be treating, in particular, young individuals who come to Canada at two, three, four years of age and are raised in Canada. In essence, these children would not have had any association whatsoever with their parents' homeland and might not even speak the language of that country. Under this legislation they could be deported shortly after turning 18 or 19 years of age if they commit relatively minor, yet some would argue serious, offences such as making a video recording of a recently released movie at a movie theatre or using false identification in the United States in order to acquire a drink.

This is not what I believe Canadians want to see. This would be extreme and is one of the reasons the legislation must be amended before it is ultimately passed.

I would like the member to comment on this.

[Marc-André Morin, NDP, Laurentides—Labelle, QC]

Mr. Speaker, I always appreciate the examples given by my colleague, even though sometimes I get the impression that I have already heard them.

The danger does not necessarily reside in specific extreme cases but in the long-term effects of such action, which would create two classes of people. In my opinion, we should start treating people who have lived here for 20 years and those who may have even been born here as citizens.

How many people could be deported without notice as a result of this legislation? In the long term, there is really no limit. Are we going to choose other categories, other types of people that we do not like?

[Rosane Doré Lefebvre, NDP, Alfred-Pellan, QC]

Mr. Speaker, I would like to thank the hon. member for his remarks. A question came to mind as I was reading the provisions of Bill C-43. I came across the clause that prohibits the invocation of humanitarian and compassionate grounds. In my opinion, this is quite serious.

By eliminating this possibility, we are preventing the minister from taking into account the best interests of children, which goes against Canada's obligations under the Convention on the Rights of the Child.

I am wondering what my colleague thinks about this about-face. Once again, the Conservatives are ignoring international rules to which Canada has already agreed.

[Marc-André Morin, NDP, Laurentides—Labelle, QC]

Mr. Speaker, the precedent was already set, in their minds at least, when they spoke about imprisoning children of refugees who are considered to be irregular arrivals. It does not really bother them to deport someone to a country where he would not last five minutes because the situation there is so dire.

There are countries that have already done this and regretted it. The Americans deported many young California street gang members to El Salvador. These young people came back armed and with the support of drug trafficking networks. They are now the biggest problem in the streets of El Salvador and California.

[The Acting Speaker, Barry Devolin]

The time for government orders has expired.

The House resumed consideration of Bill C-43, An Act to amend the Immigration and Refugee Protection Act, as reported (with amendments) from the committee, and of Motions Nos. 1 to 27.

Faster Removal of Foreign Criminals Act

[Parm Gill, Conservative, Brampton—Springdale, ON]

Mr. Speaker, I appreciate the opportunity to debate Bill C-43, the faster removal of foreign criminals act.

Since 2006, our Conservative government has welcomed the highest sustained level of immigration in Canadian history. On average around 250,000 immigrants have come to Canada every year, and the vast majority of these newcomers are honest, hard-working and law-abiding. They expect their fellow newcomers and all Canadians to be the same.

While Canadians are open and welcoming toward immigration, we also insist on vigilance against people who seek to abuse our generosity and openness. One of the basic requirements for newcomers to stay in Canada is that they respect our laws. This is the very least we can expect from Canadian citizens, and the vast majority of us do so. Therefore, when we ask newcomers to respect our laws, we are not asking too much of them. It was in this spirit that we introduced Bill C-43, which would prevent foreign criminals from abusing our generosity.

The Immigration and Refugee Protection Act clearly states that should foreign nationals fail to respect our laws, they will be sent home. What prevents the timely removal of foreign criminals is the fact that they have access to the Immigration Appeal Division as long as their sentence is less than two years. Should their appeal fail, they then file an application for leave and judicial review with the Federal Court, and the process can go on for years and years. Many foreign criminals deliberately use these multiple avenues to delay their removal, even though they know they have no chance of staying here permanently. While they prolong their stay in Canada, many foreign criminals go on to commit more crimes.

Over the course of this debate, the House has become aware of the case of Clinton Gayle. He delayed his deportation for several years by using the appeal mechanism, which Bill C-43 would shut down for foreign criminals. The fact that he was able to delay his deportation for so long should disturb all Canadians. What is most distressing of course is that during that time, the Jamaican national murdered a Toronto police constable. While there were differences between the immigration legislation in force at the time and the situation now, we want to prevent a similar situation from happening again in the future by preventing foreign criminals from roaming our streets before being removed. If Mr. Gayle had been deported to Jamaica when he should have been, this horrible crime could not have happened in the first place. What is more, Canadian taxpayers are also on the hook for his crime, paying for him to subsist in a Canadian prison while he serves a life sentence. Foreign criminals have too many opportunities to stay in Canada and we must put a stop to this.

Another example is the case of Geo Wei Wu. He came to Canada from China as a student and gained permanent residency as a spouse in 1990. Over the next two decades he was convicted of a series of crimes, including attempted theft, dangerous operation of a motor vehicle, criminal harassment, assault causing bodily harm, break and enter, fraud and the list goes on. He served time for each of these convictions and by 2008 was found inadmissible and a removal order was issued. Under the current rules, he was entitled to appeal this order. The appeal process took almost two and a half years and ultimately failed. Wu's appeal was dismissed. Wu then disappeared. After failing to show up for his pre-removal interview, the CBSA posted his information on its wanted website last summer. This past summer, the media reported that he is now wanted by Peel Regional Police in connection with the kidnapping last year of two men in Mississauga. He is still at large.

The cases of Geo Wei Wu and Clinton Gayle underscore the need for Parliament to support Bill C-43, which would streamline and accelerate the removal process for serious foreign criminals.

By limiting access to the Immigration Appeal Division, the government estimates that the amount of time certain criminals might remain in Canada would be reduced by up to 14 months. If the bill's measures are implemented, there would then be no chance for convicted criminals like Clinton Gayle or Geo Wei Wu to remain in Canada for years beyond their welcome while they gum up the justice system with appeals and, potentially, commit more crimes.

Canadians do not want our doors to be open to people who endanger our national security and the safety of our communities. That is why the government is unwavering in its determination to safeguard national security and protect the safety and security of the Canadian public.

Also, in order to maintain Canadian support for immigration we must ensure that our immigration system is characterized by the consistent application of fair rules. This means that we must protect our system from those who would seek to abuse Canada's generosity by violating our laws. In other words, we must stop placing the rights of foreign criminals before those of Canadian citizens, meaning that we must be able to deal with cases of this nature more efficiently.

I ask my fellow members to think of the victims. Think if it were one of their own family members victimized by a serious foreign criminal allowed to stay in Canada for several years through endless abuse of the process. Imagine if Todd Baylis, the Toronto police constable who was murdered by a convicted foreign criminal appealing his own deportation order, was a member of one's own family. We would then think it were a serious problem needing to be fixed.

The passage of Bill C-43 would send a strong message to all newcomers in Canada that if they commit a serious crime they will be sent home.

Bill C-43 would reinforce the integrity of our immigration system and public confidence in it, and ultimately help maintain public support for immigration in Canada.

I support Bill C-43 because it is fair, necessary and a long overdue piece of legislation. For these reasons, I urge my fellow members of the House to do the same. I urge them to listen to the police associations, the victims associations, the immigration lawyers and experts who support the bill. I urge them, for once, to stop putting the interests of criminals first and instead put the rights of victims and law-abiding Canadians and the safety and security of Canadian families at the forefront.