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.

Citizenship and Immigration

[Roxanne James, Conservative, Scarborough Centre, ON]

I know, I can't believe it either.

Could the parliamentary secretary update the House on our government's commitment to getting Bill C-43 passed quickly?

Report Stage

[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—

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 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.

Faster Removal of Foreign Criminals Act

[Tilly O'Neill-Gordon, Conservative, Miramichi, NB]

Mr. Speaker, I am grateful for the opportunity to speak in this House today in support of Bill C-43, the faster removal of foreign criminals act.

As its name implies, this legislation would make it easier to remove dangerous foreign criminals from Canada and enhance the safety and security of all Canadians. Currently, foreign criminals can appeal their deportation if they receive a sentence of less than two years. Bill C-43 would restrict access to the Immigration Appeal Division at the Immigration and Refugee Board to those who receive a sentence of less than six months. This change would reduce the amount of time serious criminals may remain in Canada by 14 months or more, reducing their ability to delay their removal and commit more crimes on Canadian soil.

Serious criminality under the Immigration and Refugee Protection Act is, in part, defined as a conviction for which a sentence of more than six months has been imposed. These changes are therefore more consistent with other provisions in our immigration legislation.

One high-profile case perfectly illustrates the glaring problem with our current system and why we need to further limit access to the IAD. Many Canadians are familiar with street racer, Sukhvir Singh Khosa, whose terrible crime and the infuriatingly slow removal process that happened afterwards were widely reported in the media. Hon. members will recall that in 2002, Mr. Khosa was convicted of criminal negligence causing death after he lost control of his vehicle and killed an innocent bystander while street racing in Vancouver. Obviously, this man was a danger to society having shown selfish and callous disregard for the safety of those around him. What was his sentence? It was a mere slap on the wrist in the form of a conditional sentence of two years less a day. With that one-day discount, he was able to delay his deportation for six years.

He was ordered deported from Canada in April 2003, but he was not deported until April 2009. It was the multiple levels of immigration appeals and the subsequent hearings before the Federal Court and the Federal Court of Appeal that enabled him to delay his deportation for so long. First the Immigration Appeal Division dismissed Mr. Khosa's appeal and the Federal Court upheld that decision. However, the Federal Court of Appeal then overturned the Federal Court's decision and ordered the Immigration Appeal Division to provide him with a new hearing. It was at this point that the government said that enough was enough and appealed this decision all the way to the Supreme Court, which, thankfully, allowed the appeal and restored the Immigration Appeal Division's original decision.

Under the current system, too many foreign criminals like Mr. Khosa have been sentenced to six months or more, but manage to game the system and delay their deportation for years on end, sometimes more than a decade, costing taxpayers money. Worst of all, many convicted foreign criminals have used the time they have bought appealing their deportation to reoffend, and sometimes commit even worse crimes. The fact these foreign criminals can freely walk our streets when they should have been sent home at the earliest opportunity should deeply disturb all Canadians.

Foreign criminals use appeals as a delaying mechanism and ordinary, law-abiding Canadians can only shake their heads in disbelief and disgust. Needless to say, when Canadians pick up a newspaper and read about dangerous foreign criminals who are still in Canada long after they have worn out their welcome, it erodes public confidence in both our justice and immigration systems. The bottom line is this: If someone is not a Canadian and commits a serious crime on our soil, that person should no longer have the privilege of living here. That is the law in Canada

The New Democrats and the Liberals think that deporting foreign criminals is somewhat unfair. They ask us to consider the hardships that the criminals and their families will face. Do these same critics ever stop to think about the hardships faced by the victims of these crimes? If they actually listened to the victims, they would be supporting the bill and not opposing it.

Victims' organizations across the country have voiced their support for Bill C-43. Sharon Rosenfeldt from the victim' rights organization, Victims of Violence, had this to say:

The government's action to date is that they have indeed listened to victims and to law-abiding Canadians who want our laws to differentiate between the majority of offenders for whom rehabilitation is a realistic option and the repeat offenders for whom the justice and correctional system is a revolving door, which does include foreign individuals who repeatedly break our laws....

We see Bill C-43 as a long-awaited piece of legislation which in part is designed to facilitate and make easier the entry into Canada for legitimate visitors and immigrants, while giving government stronger legal tools to not admit into Canada those who may pose a risk to our country. Most important to crime victims is the removal from Canada of those who have committed serious crimes and have been convicted of such crimes by our fair judicial system.

We agree with [the minister], who states that the vast majority of new Canadians will never commit a serious crime and they, therefore, have no tolerance for the small minority who do, who have lost the privilege to stay in Canada.

We also agree with [the minister] on due process and natural justice in the rule of law...that even serious convicted foreign criminals should get their day in court and that they should benefit from due process.

He agrees, as we do, that they should not be deported without consideration by the Immigration and Refugee Board. However, [that does not mean] they should get endless years in court and be able to abuse our fair process....

We strongly believe that if all the amendments in Bill C-43 are supported and implemented, the safety of Canadians will be further enhanced.

One of the few requirements for people to maintain permanent resident status in Canada is that they do not go out and commit a serious crime. We do not think that is too much to ask of people who are enjoying life in the greatest country in the world. With Bill C-43, we would streamline the process to deport convicted foreign criminals by limiting their access to the Immigration and Refugee Board's immigration appeal division. These measures would be tough but fair. We want an immigration system that would be open to genuine visitors, while at the same time preventing the entry of foreign criminals and those who would harm our country and denying them the ability to endlessly abuse our openness and our great generosity.

The bill would send a clear message to foreign criminals: If they commit a serious crime in Canada, we will send them packing as quickly as we possibly can.

The changes proposed in the faster removal of foreign criminals act would be reasonable, common sense measures that would ensure the safety and security of Canadians. I urge all hon. members of the House to join me in supporting Bill C-43 to help protect Canada's borders and Canadian society against those who pose a danger and take advantage of our great generosity.

[Randall Garrison, NDP, Esquimalt—Juan de Fuca, BC]

Mr. Speaker, I know the member for Richmond Hill personally to be a fair-minded and objective person. I am always disappointed when mischaracterizes the positions of the NDP, as he sometimes does, based perhaps on advice from the minister, although I am not sure who is giving him advice on this legislation.

My question relates to a very specific change in the law, the proposed change in Bill C-43 to remove the obligation of the minister to consider humanitarian and compassionate grounds when dealing with the removal of foreign nationals.

I wonder if the member for Richmond Hill has considered the possible impact on children and families by removing that obligation. The current situation does not require the minister to allow people to stay on humanitarian and compassionate grounds, but the minister is at least required to consider the plight of children and immigrants.

I see that the member is getting more advice from the minister now, but has he considered the possible impact on families and children?

[Costas Menegakis, Conservative, Richmond Hill, ON]

Mr. Speaker, let me begin by wishing you, and through you, all the members of this House a very happy new year. We are all back here in Ottawa assuming our responsibilities after six weeks in our constituencies looking after the people who gave us the right to represent them here.

I am glad for the opportunity to speak to Bill C-43, the faster removal of foreign criminals act. As its title implies, this important piece of legislation would expedite the removal of dangerous foreign criminals from Canada, thereby enhancing the safety and security of Canadians.

I simply do not understand how the NDP and Liberals do not support this legislation which is so popular with most Canadians. Even more, I cannot understand why they are trying to delay passage of the bill by introducing this ridiculous amendment.

Everyone in this House is aware of the most well-known aspects of this legislation. Currently, any dangerous foreign criminal can appeal their deportation if they receive a sentence of less than two years and go on to commit further crimes and victimize more Canadians while they remain in Canada. Unfortunately, we have many examples where that has transpired.

Bill C-43 fixes that by taking away the ability of foreign criminals to rely on endless appeals to delay their removal from Canada and stopping them from continuing to terrorize innocent Canadians. There are also other provisions in this bill that help keep those who pose a threat to Canada out.

Members may recall that in October 2011 the Quebec legislature unanimously passed a motion to demand that the federal government refuse entry to Canada of Abdur Raheem Green and of Hamzad Tzortzis, given their hate speech, which is homophobic and minimizes violence against women.

There has also been a lot of media interest in unapologetic hate-mongers like Fred Phelps and the Westboro Baptists. This group vehemently accosts gays, lesbians, women, and our brave soldiers in uniform. They have made clear their unapologetic hatred for Canada specifically.

The best rationale for this new provision is simply to take a moment to review what these hate-mongers have said and done. I am sure anyone will quickly agree that these individuals should never be allowed to come into our great country.

For years, immigration ministers have been asked to keep people who promote hatred and violence out of Canada. I think most Canadians assume the immigration minister has this ability. The truth is the minister does not. Unfortunately, under the current system, if someone meets the criteria to enter Canada, there is no mechanism to deny that person entry.

Bill C-43 would change that to ensure that those who pose a risk to Canadians, who spew hate and incite violence, will be barred from entering Canada. This new authority would allow the government to make it clear to these foreign nationals that they are not welcome here, not to travel to Canada and refuse them temporary resident status.

We have been transparent about the guidelines that would be used by the minister, so transparent that the minister tabled the guidelines at the committee and they are posted on the department's website for all Canadians to see. Those who would be barred include anyone who promotes terrorism, violence and criminal activity, as well as foreign nationals from sanctioned countries, or corrupt foreign officials. I think all members of this House can agree that these are common sense and I find it hard to believe anyone would disagree with them. The NDP and Liberals pretend they have concerns with this new provision. In fact, the NDP members liked the guidelines so much they wanted to enshrine them in law.

We worked with the opposition in committee to improve accountability by requiring the immigration minister to report on how often he uses this power and for what reasons. Nevertheless, the NDP and the Liberals oppose the bill, which aims to prevent the entry of dangerous and reckless individuals into Canada.

What is more, Canada lags behind some other countries that already have similar powers in place. In fact, most countries have powers that are much more discretionary than those in Bill C-43. For example, in the U.K., the Home Office has barred the entry of individuals whose presence is considered “not conducive to the public good”.

In Australia, the Minister of Immigration and Citizenship has various powers to act personally in the national interest. It is up to the minister to determine whether a decision is warranted. In addition, Australia's immigration law allows for visa refusals based on foreign policy interests if an individual is likely to promote or participate in violence in the community.

In the United States, the Secretary of State may direct a consular officer to refuse a visa if necessary for U.S. foreign policy or security interests. The Secretary of Homeland Security can delegate the authority to immigration officers to revoke a visa. Additionally, the president may restrict the international travel and suspend the entry of certain individuals whose presence would be considered detrimental to the United States.

Here in Canada, gay and lesbian groups and women's groups, among others, have pressed the minister in the past to use such a power. It is unfortunate that the NDP and the Liberals are ignoring these groups by opposing the bill.

Until this legislation becomes law, we will be unable to stop these foreigners from spewing their hateful, misogynistic, minority-hating, bigoted venom on our soil. Bill C-43 would enable the minister to bar such extremists from entering Canada in the future.

The advantage of the new discretionary authority for refusal is that it would be flexible, allowing a case-by-case analysis and quick responses to unpredictable and fast-changing events. It would allow the minister to make a carefully-weighted decision, taking into account the public environment and potential consequences.

Ultimately, the Minister of Citizenship, Immigration and Multiculturalism would be accountable to the House of Commons and Canadians for the decisions made. However, let me make it perfectly clear that this power is intended to be used very sparingly. We anticipate that it would only be used in a handful of exceptional cases each year, where there are no other legal grounds to keep despicable people out of our country.

Among others, immigration lawyer Julie Taube testified that she not only supported the bill but also its new ability to deny entry to those who pose a risk. She said:

This is just a question of hate-mongers.... Anybody wanting to promote hatred in Canada, be it against homosexuals, Jews, women, Muslims, etc.—they should all be barred.

I agree with Julie Taube.

The faster removal of foreign criminals act is common sense legislation. It would make it easier for the government to remove dangerous foreign criminals from our country and make it harder for those who pose a risk to Canada to enter the country in the first place.

It is time that the NDP and the Liberals start putting the interests of victims and law-abiding Canadians ahead of criminals and hate-mongers.

I urge all hon. members of the House to join me in opposing the amendments put forward to delay the passage of this bill. I urge them to help us speed the passage of the faster removal of foreign criminals act, Bill C-43.

[Jason Kenney, Conservative, Minister of Citizenship]

Mr. Speaker, I thank the hon. member for her comments.

Quite frankly, I am a little confused about her concerns regarding family members of dictators. She mentioned the families of Augusto Pinochet and other dictators. The problem here is that in the previous Parliament, the NDP and the Bloc Québécois on the opposition side widely criticized the government because we could not stop close family members of the former Tunisian dictator, members of the Trabelsi family, from entering Canada.

This problem stems from the Immigration and Refugee Protection Act. This means that the current Immigration and Refugee Protection Act does not allow us to deny entry into Canada for immediate family members of a dictator, an individual convicted of serious crimes against humanity or terrorism, or a member of organized crime. Those family members can enter Canada.

Finally, we were criticized because family members of Italian mafiosos were allowed to enter Canada. That is why we are introducing this power in Bill C-43: to prevent such people from entering Canada.

Would my colleague not agree that this legislation needs to include such a power, in order to prevent close family members of dictators and members of organized crime from entering Canada?

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

Mr. Speaker, I had the exact same reaction as my colleague. I thought, “Come on.” Quite frankly, it is outrageous to see that in the legislation.

As we can see, this is a glaring error that is not covered by Bill C-43. I, personally, am in utter shock. There was also much talk about the sweeping new discretionary powers that will be given to the minister. It is extremely worrisome, as my colleagues mentioned.

I also looked into what the Barreau du Québec said about this. It feels that placing more discretionary powers in the hands of the minister is one of the most troubling aspects of Bill C-43. The president of the Barreau du Québec is asking that this part be taken out of the bill because it is completely unjust.

The brief is worth reading. I do not know if my colleagues on the other side of the House have had a chance to read it, but I hope so, because it is very interesting.

And where does that lead us? We can look at Bill C-43 and see that it has several major flaws, but what is the real debate we should be having here?

Sadly, it is clear from these glaring omissions—and I hope these are omissions by the Conservative government—and this approach that the government has failed to deliver on public safety and cross-border security issues. But these problems need to be addressed.

The government across the way is proposing to make budget cuts of more than $685 million to the Canada Border Services Agency, the Correctional Service of Canada and the RCMP by 2015. These cuts will only make the problem worse. Bill C-43 attacks people who are far too vulnerable.

Unfortunately, I am out of time. I am available to answer any questions my colleagues might have.

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

Mr. Speaker, I am pleased to rise in the House for my first speech of this year. I would like to take this opportunity to welcome back all my colleagues on all sides of the House. It is very nice to see them in such good form here today to discuss Bill C-43, An Act to amend the Immigration and Refugee Protection Act, or the Faster Removal of Foreign Criminals Act.

Before I get down to business, I would like to thank our official opposition critics who have done a remarkable job on Bill C-43. They worked so hard on this file in committee to present reasonable amendments. Those amendments were unfortunately defeated by the Conservatives, but the work had been done. I thank the member for Newton—North Delta, our main immigration critic, and the member for Saint-Lambert, the assistant immigration critic, for the great work they have done. They are helping us enormously today in our work on Bill C-43.

Bill C-43 is a long bill that I took the liberty of plowing through. I also looked at the various positions of the groups that have expressed an interest in the bill in recent weeks and months and of those who appeared before the committee. It was extremely interesting to read their concerns.

First of all, the official opposition agrees that dangerous foreign criminals should be removed. However, it has concerns: we must treat refugees in a fair and equitable manner and we must have a fair and transparent judicial system. For a country as rich and industrialized as Canada, the least we can do is have those kinds of bodies.

I have a lot of concerns about the way the Conservatives treat our immigration system. Let me explain. In my riding, we had quite a high-profile removal case on January 18. It concerned the Reyes-Mendez family, a Mexican family consisting of a father, a mother and two children. One of the children attended Mont-de-La Salle secondary school, and the daughter had just been accepted at the CEGEP. They had exemplary academic records.

The entire family had been in Canada for four years and had completely integrated into their neighbourhood in the eastern part of Laval. They were well known to local organizations, they were involved in the community and the church, and the children were very much involved at school. Without warning, they received a document informing them that they were to be removed to their country.

The problem is that Mr. Reyes-Mendez had previously been removed to Mexico several times. We therefore feared for their lives, and that is still the case since none of our requests to the Minister of Public Safety and the Minister of Immigration has been granted.

We went to the airport to support the family on the day they were removed. I believed right up to the last minute that the decision would be reversed and that it was utterly impossible that these people's lives would again be jeopardized. But no, 20 minutes before the aircraft took off, we received a one-line email stating that the minister would not intervene in the case. I have some major concerns about the way they look at the immigration system on the other side of the House.

I would like to thank the members of my team for the work they did with regard to the Reyes-Mendez family. They worked tirelessly, day and night, for several weeks. It was really intense, particularly during the last week, when emotions were running high. A wonderful team worked on the file but, unfortunately, was unsuccessful.

I want to get to the point and speak about Bill C-43. I already have concerns about the Conservatives' positions. It is easy to imagine the concerns I have about this bill.

I picked out the aspects of this bill that I was most opposed to, and I listened to what several stakeholders had to say to better understand their position. The thing on my list that concerns me the most is the clause that prohibits humanitarian and compassionate relief.

I did some research and found a brief that was submitted by the Canadian Council for Refugees on October 26, 2012. This clause is also one of the main concerns of the members of this council with regard to Bill C-43. I would like to quote the council since I found that it had a worthwhile approach to this issue. Here are its concerns regarding the clause that prohibits humanitarian and compassionate relief.

These inadmissibility sections (34, 35 and 37) are extremely broad and catch people who have neither been charged with, nor convicted of, any crime, and who represent no security threat or danger to the public. While the current Act causes considerable hardship and injustice because of the breadth of these provisions, it does at least contain mechanisms by which individuals’ particular circumstances can be taken into account—by grants of Ministerial relief or, in appropriate circumstances, a waiver of inadmissibility on humanitarian and compassionate grounds. This bill would eliminate both remedies. Section 18 of the bill would make Ministerial relief meaningless in most cases....By also eliminating access to H&C relief..., the bill will leave no mechanism to respond to compelling humanitarian circumstances or to ensure that those who are innocent or who present no danger to Canada are not unjustly targeted.

I would like the members opposite to pay attention to the next paragraph.

The elimination of access to H&C will prevent consideration of the best interests of any affected child, contrary to Canada’s obligations under the Convention on the Rights of the Child.

There are some examples provided, and I could not get over what was on the list. There are several examples, but I will choose one at random. This is an example of who could be caught by these provisions:

Someone who is or was a member (even at a very low level, and without any involvement with violence) of a national liberation movement such as the ANC, or a member of an organization opposed to repressive dictators such as Gaddafi or Pinochet...

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I am not sure if that is the government's policy, that the Charter of Rights is not for criminals. Whether one is a Canadian or a permanent resident, the Charter of Rights is there to protect all of us who call Canada our home. The member may want to contemplate that last statement.

My question is in regard to misrepresentation, something that I asked the previous speaker. I wonder if the member would acknowledge that there is an unintentional misrepresentation that occurs when someone answers a question, after maybe misinterpreting the question, and it can be very easily illustrated that there was a misinterpretation of the question, or when an immigration lawyer, an immigration consultant or a global employment agency has someone apply and misrepresent themselves.

Those people are now being penalized through Bill C-43 in the sense that instead of a two-year wait, they will now have to wait five years before they can reapply. Does the member believe there is such a thing as unintentional misrepresentation or that there are bad immigration lawyers or consultants, and would that justify having some sort of an exemption for those cases?

[Corneliu Chisu, Conservative, Pickering—Scarborough East, ON]

Mr. Speaker, the Canadian Charter of Rights and Freedoms is for Canadians. It is not for criminals.

The fact is that we need to remove criminals from this country for the safety of our country. The former legislation came with a heavy cost. Let us look at this legislation. How much can the taxpayers be expected to pay for the removal of a criminal from this country when it takes six, seven or eight years? That is a very important point. I invite my colleague to support Bill C-43, which will do exactly that. It will remove foreign criminals from the country and will save the Canadian taxpayers' money.

[Corneliu Chisu, Conservative, Pickering—Scarborough East, ON]

Mr. Speaker, thank you for the opportunity to speak today to Bill C-43, the faster removal of foreign criminals. I am proud to stand in support of the bill and against the opposition amendments that try to gut this important bill.

Over the past few months, the Government of Canada has put forward a number of initiatives aimed at bringing transformational change to the country's immigration system. In doing so, the government has two broad but complementary goals.

First, we aim to foster an immigration system that can fill significant labour shortages across the country and help us meet our economic needs more quickly and efficiently. It is a system designed to give newcomers the best possible chance to succeed.

Second, as we move forward with these changes we are implementing policies that safeguard the integrity and security of our immigration system. I believe that the security and integrity of the immigration system go hand in hand with that system's ability to best serve our society, our economy and our country.

Through Bill C-43 we are fulfilling a longstanding commitment to take action on a problem afflicting our immigration system. Measures in the bill would close some of the loopholes that allow individuals found inadmissible to Canada to remain in the country long after their welcome has worn out.

The government is committed to the safety and security of Canadians. The bill is a strong expression of that commitment. Indeed, the changes proposed in the legislation would increase our ability to protect Canadians from criminal and security threats. At the same time, we are also strengthening our immigration program and facilitating entry for some low-risk visitors. These tough but fair measures would ensure that foreign criminals would not be allowed to endlessly abuse our generosity.

The fact is that the vast majority of immigrants to Canada are honest, hard-working, law-abiding Canadians, and they rightfully expect all Canadians, including all newcomers, to be the same. As a result they, maybe more than those born in Canada, want the government to crack down on criminals and to remove them from our country.

In every culture and community I visit there is strong support for the bill. Canadian families, whether they moved here from another country or were born here, want to feel safe. They want the government to protect their safety and security. Bill C-43 would do just that. Unfortunately, there are many examples of how convicted foreign criminals are delaying their deportation and committing more crimes while they remain in Canada: murderers, drug traffickers and thieves, some of whom are on most-wanted lists.

Let me relate just two out of the countless examples. Geo Wei Wu, born in China, came to Canada as a student and gained permanent residency as a spouse in 1990. Over the next two decades he went on to be 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 he was found inadmissible and a removal order was issued. Under the current rules he was entitled to appeal the 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. Just a few weeks ago media reported that he is now wanted by the Peel Regional Police in connection with a kidnapping last year of two men in Mississauga. He is still at large.

Here is another example. 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. Six months later he was convicted once again of assault. Just six more months passed and he already faced yet another conviction, uttering threats. We can already see a pattern here. In December 2005, 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 uttering threats.

De Florimonte was deported 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 IAD automatically dismissed his appeal, but he was able to further delay his removal once again when he asked the Federal Court to review his 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 is five years after he was initially ordered deported for criminal inadmissibility.

Under our laws, if foreign nationals are sentenced to six months or more, those individuals are subject to removal, but under the current system they still have access to the Immigration Appeal Division as long as their sentence is less than two years.

Another example among many possible examples is the case of an individual named Jackie Tran, who was born in Vietnam and became a permanent resident in January 1993 when he was 10 years old. By his late teens he had become known to law enforcement officials in Calgary and was first convicted at the age of 19 for cocaine trafficking. We attempted to deport him for six years, yet despite having a long criminal record as a gangster and a major drug trafficker, he had never received a sentence of more than two years less a day. Thanks to repeated appeals, he was able to continuously delay his deportation. He was first ordered deported in April 2004 and was not removed from Canada until March 2010.

Another example would be Gheorghe Capra, who had more than 60 counts of fraud, conspiracy to commit fraud and so on. His sentences ranged from two days to two years less a day. He was given a removal order in 2003 and was finally removed in 2009.

Under the current system, too many of these foreign criminals have been able to appeal deportation orders and extend their time in Canada following convictions. Serious criminals sentenced to imprisonment for any time less than two years have been able to delay or permanently set aside their removal orders. Last year alone 250 foreign criminals were able to appeal their deportation. As the president of the Canadian Police Association has said, 850 is too many.

The fact is that the current system needs to be fixed. Bill C-43 would do just that. It would ensure that while foreign criminals receive due process, they do not receive endless process. It would ensure that serious foreign criminals are deported from Canada more quickly, and in doing that it will help protect the safety and security of hard-working, law-abiding Canadians.

I urge the NDP and the Liberals to stop opposing this bill and to work with our Conservative government to ensure Bill C-43's speedy passage.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I want to turn to one aspect of the bill that is not talked about very much but is very important. It is in regard to the whole idea of misrepresentation. In Bill C-43 the government would extend from two years to five years the time when people would be able to reapply if there is misrepresentation in their file. The concern is that unfortunately, for a number of reasons, there is unintentional misrepresentation. That is when something occurs and it was not the intent of the applicant to misrepresent whatsoever; or immigration consultants or lawyers might provide bad advice, which is followed.

There is no exemption that allows people with those types of misrepresentations the opportunity to appeal. It would be very important to try to allow for some sort of an appeal for those individuals who unintentionally had misrepresentation or had bad advice from an immigration lawyer, an immigration consultant or a global employment agency that ultimately led to misrepresentation on the application. Would the member agree that the legislation should not extend the time from two years to five years before immigrants would be able to apply because of something of that nature?

[Pierre Jacob, NDP, Brome—Missisquoi, QC]

Mr. Speaker, I am pleased to take part in the debate on Bill C-43, which is intended to reform the procedures for removing foreign criminals.

First, this bill provides for faster deportation of foreign nationals and permanent residents who have been convicted of a serious crime in Canada or outside Canada, by denying them access to the Immigration Appeal Division. The bill provides a new definition of the concept of serious criminality, as follows: “crime that was punished in Canada by a term of imprisonment of at least six months”, as compared to the two-year period set out in the present act.

Second, it gives the Minister of Citizenship and Immigration broader discretion, including the power to agree or refuse to grant a person temporary resident status for a maximum of 36 months for public policy reasons. It is unfortunate that this concept itself is not defined.

Third, it imposes conditions on permanent residence for foreign nationals who have been found to be inadmissible on grounds of security.

And last, the bill seeks to eliminate any duty or ability of the minister to review a humanitarian and compassionate application by a foreign national who is inadmissible on grounds of security, violating human or international rights, or organized criminality.

In its usual spirit of openness, the official opposition wanted to co-operate with all parties and so had supported the bill at second reading. The bill was then sent to the Standing Committee on Citizenship and Immigration, which held nine meetings to study it. At that crucial stage of the legislative process, time allocation was imposed by the Conservatives and the nine amendments proposed by the NDP were unfortunately rejected.

Those amendments related to several points: first, reducing the powers given to the minister, which we consider to be extreme and arbitrary; second, reintroducing reasonable processes into the deportation system; third, excluding conditional sentences of imprisonment from the definition of serious criminality; and fourth, addressing the narrow scope of the questions put to foreign nationals by the Canadian Security Intelligence Service. One of our amendments contained recommendations made by the Minister of Citizenship, Immigration and Multiculturalism himself.

The New Democrats wanted to co-operate with the other parties and guarantee speedy deportation of serious criminals who do not have Canadian citizenship. Unfortunately, the Conservatives did not want to work with us so that improvements could be made to this bill.

As a result, at third reading, we are now opposed to this bill in its present format.

In addition to the Minister of Citizenship, Immigration and Multiculturalism and representatives of Citizenship and Immigration Canada, 16 groups and individuals testified before the Standing Committee on Citizenship and Immigration. Some of that testimony makes it clear that Bill C-43 is flawed. It may have negative repercussions for a category of immigrants who could potentially be subject to removal to a country of origin with which they have few or no cultural or emotional ties.

In addition, those people could find themselves facing dangerous situations when they return to their country of origin, such as arbitrary arrest, persecution or even torture.

In its brief to the Standing Committee on Citizenship and Immigration, Amnesty International said: “Eliminating the possibility of humanitarian relief for these types of people runs afoul of international law. Denying individuals access to this process might result in them being sent to torture...or persecution...”.

Similarly, the print media published analyses concerning the bill we are debating today. I am going to read an excerpt from an opinion piece written by Andrew J. Brouwer that was published in Embassy. “If passed as is, Bill C-43 will have an immediate and serious effect on many refugees and immigrants, and their families. The vast scope of the inadmissibility provisions, combined with the dismantling of the only available legal safeguards, will result in the removal from Canada and exposure to persecution of clearly innocent people—including some who, like Mr. Mandela, should properly be considered human rights heroes.”

Another pitfall in the bill was mentioned by a number of witnesses at committee stage. The problem with serious criminals delaying deportation is there is no coordination whatsoever between the Department of Citizenship and Immigration and the Canada Border Services Agency.

The NDP believes it is essential that the government examine this problem and come up with meaningful solutions, by providing more resources to better train the public servants who work in immigration and to encourage integration of information and monitoring technologies within the public service agencies in question.

This brings me to some more general comments about the impact of this bill. The government is introducing a new bill dealing with immigration, but its approach to the subject is skewed. Instead of focusing on removing criminals who do not have Canadian citizenship, would it not be more logical to provide the Canada Border Services Agency with more resources so that it can arrest those people when they enter Canada? At the risk of repeating myself, when I talk about resources, I mean hiring more front-line officers and improving monitoring techniques and technologies.

What has the government done in this regard? It cut $143 million from the Canada Border Services Agency in the 2012 budget implementation plan. Those irresponsible cuts will have an impact on the security and effectiveness of our borders. This issue is of particular importance to me, because part of the area within my riding is on the border, and these cuts are already being felt.

In conclusion, this government is once again on the wrong track when it comes to immigration reform. A majority of the immigrants Canada takes in every year obey the laws of our country and aspire to prosper in Canadian society. It is the duty of the government to provide appropriate services to newcomers by giving them access to resources that match their needs.

[Wladyslaw Lizon, Conservative, Mississauga East—Cooksville, ON]

Mr. Speaker, it is with great pleasure that I rise today to speak in support of Bill C-43, the faster removal of foreign criminals act.

This bill is very popular among all the Canadians I have spoken to, including the constituents of my riding, Mississauga East—Cooksville, whom I am very proud to represent.

It is difficult for me to understand how it is that the NDP and Liberals can oppose a bill which would help protect the safety and security of Canadians. I am disappointed that they are using amendments to delay and try to prevent the passage of such a necessary and important bill.

The reasons for this bill are strong and, unfortunately, numerous. Many of these criminals go on to commit more crimes while they are allowed to remain Canada.

We have already heard several examples of cases of foreign criminals who were able to delay their deportation. However, the list is so long that I feel it necessary to provide even more just to make it clear these examples are not extreme or rare cases. In fact, since 2007, an average of almost 900 appeals by serious criminals trying to avoid deportation have been made. This number is not insignificant. I would guess that Canadians would be quite shocked by this high number.

Dangerous foreign criminals like Jackie Tran from Vietnam have taken advantage of the endless appeal process under the current system. Despite committing assault with a weapon, drug trafficking and failure to comply with court orders, conveniently, he was convicted to two years less a day and, accordingly, able to appeal. This violent gangster who terrorized the city of Calgary was able to delay his deportation by an astonishing five years.

There is also the case of Gheorghe Capra from Romania. After being charged with over 60 counts of fraud, forgery, conspiracy to commit fraud, obstructing a peace officer, among other things, he was also sentenced to two years less a day. He used the endless appeal process to delay his deportation by over five years.

Finally, there is the case of Mr. Balasubramaniam from Sri Lanka. He was charged with assault with a weapon, drug trafficking, among other things and sentenced to only 18 months. He was able to delay his deportation by seven years.

The NDP and Liberals have repeated in the House that they do not think that drug trafficking is a serious crime, that they do not think that dangerous foreign criminals should be removed from Canada. However, I am confident in saying that Canadians disagree with the NDP and Liberals.

Canadians do not want people like Jackie Tran walking our streets. Canadians want to feel confident in the integrity of our immigration system. They want the government to put the interests of victims and law-abiding Canadians ahead of criminals.

I will take a moment here to talk about victims. The NDP and Liberals have used their entire speaking time today to claim that dangerous foreign criminals are victims and that the families of these dangerous foreign criminals are victims. They also claim that a six-month sentence should not result in someone being considered a serious criminal.

Very clearly the NDP and the Liberals are wrong. Innocent Canadians who are killed, sexually assaulted and robbed by these dangerous foreign criminals are the victims and the lives of their family members are forever altered because of these terrible crimes.

I have been clear in my support for Bill C-43. However, what is most telling about the bill is how much support it has received from a wide variety of stakeholders across the country, including police associations, victim rights organizations and immigration lawyers and experts.

Let me just give members a few of many supportive quotes from witnesses when they appeared before the immigration committee.

One of the most compelling witnesses that appeared was immigration lawyer, Julie Taub, who has actually represented foreign criminals in the past. This is what she had to say:

I have represented those who have been found to be criminally inadmissible to Canada, and I have gone to the Immigration Appeal Division to get a stay of removal for them, successfully in almost all cases.... Unfortunately, the majority of the clients I have represented reoffend or they breach their conditions.... I listen to their heart-felt apologies and promises, but time and time again they reoffend and they breach the conditions.

She goes on to say, “I really support this bill because criminals remain in Canada who are not Canadian, and it's almost impossible to deport them. There's no choice with Canadian citizens”.

Another immigration lawyer, Reis Pagtakhan, had this say to say:

The portion of the bill that deserves support is the provision that eliminates the right of permanent residents to appeal removals to the immigration appeal division for sentences of six months or more in prison. While some argue that this would unfairly penalize long-term permanent residents who may be deported for their actions, what is missed in this argument is that the permanent residents who face deportation are criminals. It should be stated that these individuals are not alleged criminals; they are not accused; they are not innocent. They have been convicted of a crime in a court of law.

Members of Parliament should also keep in mind that criminals could avoid deportation by simply being law-abiding. The Criminal Code of Canada is designed to codify what we Canadians view as criminal behaviour. These individuals have chosen the path of criminal behaviour...it is not too much to expect an individual who immigrates to Canada to respect the law. Frankly, it is not too much to expect Canadian-born individuals, such as me, to respect the law. We expect people to respect the law, and that is why we have a criminal justice system. People who break the law face consequences.

The Canadian Police Association president's testimony was also very compelling. He said:

Under the current regime, criminals who are currently serving a sentence of less than two years are eligible to file an appeal to the immigration appeal division. The CPA entirely supports the measures contained within this bill to reduce that time to sentences of less than six months. We also support the new measures that would make it more difficult for criminals,who have been sentenced outside of Canada to access the immigration appeal division.

These are common sense solutions that are necessary to help our members protect their communities. The problem has become that the criminals we catch are becoming increasingly aware of ways to game the system, abusing processes that were put in place with the best of intentions.

The issue for me as a front line officer and what I get from my members is this. I support fair process. It's obviously an important piece of our society and what Canada stands for, but you have to balance the rights of Canadians to live in their homes and not be afraid of being victimized against the rights of people who were convicted of serious criminal offences and whom we see all the time, particularly on the criminal side, continuing to commit offences while they're appealing. I say we shouldn't use Canadians as an experiment.

These are not my words. These are words from individuals who have first-hand, real-life experience with immigration law, with dealing with criminals and victims. They support Bill C-43.

Therefore, the opposition should not take it from me, but should listen to the experts and stop trying to prevent passage of the bill, which would help protect the safety and security of Canadians. I urge it to work with our Conservative government to support the speedy passage of the bill.