Bill S-8

An Act to amend the Immigration and Refugee Protection Act, to make consequential amendments to other Acts and to amend the Immigration and Refugee Protection Regulations

This enactment amends the Immigration and Refugee Protection Act to, among other things,
(a) reorganize existing inadmissibility provisions relating to sanctions to establish a distinct ground of inadmissibility based on sanctions;
(b) expand the scope of inadmissibility based on sanctions to include not only sanctions imposed on a country but also those imposed on an entity or a person; and
(c) expand the scope of inadmissibility based on sanctions to include all orders and regulations made under section 4 of the Special Economic Measures Act .
It also makes consequential amendments to the Citizenship Act and the Emergencies Act .
Finally, it amends the Immigration and Refugee Protection Regulations to, among other things, provide that the Minister of Public Safety and Emergency Preparedness, instead of the Immigration Division, will have the authority to issue a removal order on grounds of inadmissibility based on sanctions under new paragraph 35.1(1)(a) of the Immigration and Refugee Protection Act .

[The Chair, Liberal, Ali Ehsassi]

Welcome back, everyone.

We will continue on with consideration of Bill S-8.

We're very fortunate that we have a number of officials with us. If it's okay with everyone, I will dispense with titles, but I will say that, from Canada Border Services Agency, we have Ms. Kelly Acton. We also have Mr. Brett Bush.

From the Department of Citizenship and Immigration, we have Ms. Saman Fradette and Mr. David Chan.

From the Department of Foreign Affairs, we have Mr. Stephen Burridge.

From the Department of Public Safety and Emergency Preparedness, we have Mr. Sébastien Aubertin-Giguère.

For this round, we have six questioners for five minutes each.

We start off with Mr. Epp.

You have the floor.

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

It's important to point out that, certainly as it relates to proceedings for removals, including any other administrative proceedings, we allow for due process to take its course. There are important procedural rights that any individual who faces stark consequences, including removal and/or detention, has. What this bill will do is ensure there is due process prior to the invocation of the amendment under Bill S-8. That due process exists on the front end, under the analysis that is undertaken by Global Affairs Canada, and then on the back end, if the individual who has been listed under SEMA and is therefore inadmissible under IRPA.... They always have the option to seek judicial review before the Federal Court.

[Randeep Sarai, Liberal, Surrey Centre, BC]

Thank you, Minister, for coming.

My question is that this piece of legislation, Bill S-8, combined with SEMA, combined with the Magnitsky act, kind of tightens the legislation to make it a criminal offence for contravening or failing to comply with sanctions, which in all three cases, I think, is a hybrid offence, allowing violators to be charged with either a summary conviction or an inadmissible offence.

I want to know if the department's stance would be to deport such a person if they're in Canada, or charge them. We also don't want Canada to be a safe haven, where you can go and try there, and if you don't get in, the worst case is you just go back. If they have contravened any of these acts, would that be, in your view as the public safety minister, something they should be charged for, or would it be the de facto...that they be sent back?

[Sameer Zuberi, Liberal, Pierrefonds—Dollard, QC]

—from Mr. Genuis has been focused on anything but Bill S-8. Maybe there might be one or two on the record, but almost all of them have nothing to do with Bill S-8.

[The Chair, Liberal, Ali Ehsassi]

We are now getting into debate.

Mr. Genuis, please bear in mind that we're trying to remain focused on Bill S-8. You have a minute and 54 seconds remaining.

[The Chair, Liberal, Ali Ehsassi]

I don't see any relevance whatsoever, so I'll just remind you once again to remain within the ambit of Bill S-8.

[Sameer Zuberi, Liberal, Pierrefonds—Dollard, QC]

I have a point of order. I'm trying to again understand how this relates to Bill S-8 and the new legislation.

[Stéphane Bergeron, Bloc, Montarville, QC]

Thank you, Mr. Chair.

In the debate at second reading of Bill S‑8, you commended the report published by this committee in 2017, entitled “An Effective and Coherent Framework for the Implementation of Canada's Sanctions Regimes: Honouring the Memory of Sergei Magnitsky and Going Further”. This report recommended amendments to the Immigration and Refugee Protection Act so that all individuals subject to a sanction under the Special Economic Measures Act are prohibited from entering Canada. You stated the following:

[...] sanctions inadmissibility is the most efficient and effective mechanism to swiftly identify inadmissible persons as early as possible in the travel continuum and to deny their ability to acquire a visa to Canada.

You were the Minister of Immigration, Refugees and Citizenship. Why have you waited more than five years to put forward this bill? Why did you wait for the war in Ukraine until you finally acted on the recommendation the committee made in 2017?

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

I believe that's an important question.

As I mentioned to our colleague Mr. Zuberi, that word is not used in Bill S-8. That was a conscious decision, so that we don't in any way conflate or confuse the analysis, which is focused principally on the individual, first and foremost, who is before Global Affairs for analysis under SEMA.

[Sameer Zuberi, Liberal, Pierrefonds—Dollard, QC]

On a point of order, Chair, again, Bill S-8 relates to amendments around sanctions. I am not sure how this will help us to understand legislation on sanctions.

[The Chair, Liberal, Ali Ehsassi]

Thank you, Mr. Zuberi.

Again, I just want to remind all the members to remain focused on Bill S-8 and to make their questions relevant to the bill at hand.

Go ahead, Mr. Genuis.

[Sameer Zuberi, Liberal, Pierrefonds—Dollard, QC]

On a point of order, I would go back to my first point of order in terms of the relevance to Bill S-8. I'm trying to understand how this will help our committee study with respect to Bill S-8. I don't yet see that.

I'm not sure, Mr. Chair, if the questions should be more focused around Bill S-8 or if we're just talking about what's in the news today.

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

I'm quite content to answer it. Again, I appreciate why you're asking these questions, despite the fact that we are here principally to talk about Bill S-8.

Of course I have confidence in CSIS. These are individuals who work to protect our national security every day.

I also would point out that your question used language like “blaming”. The only people I think we need to be united in holding accountable are the hostile actors who are attempting to undermine our democratic institutions.

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Chair, I think the minister's confidence or lack thereof in CSIS is critically important, given that part of Bill S-8 is responding to assessments that are made by our security agencies.

[Rob Oliphant, Liberal, Don Valley West, ON]

I have a point of order, Mr. Chair, on relevance.

Given that our stated agenda for this meeting is the consideration of Bill S-8, I would like you to consider that. Thank you.