Foreign Affairs Committee on Nov. 3rd, 2009

[The Chair, Conservative, Kevin Sorenson]

Good morning, colleagues.

This is meeting number 37 of the Standing Committee on Foreign Affairs and International Development on Tuesday, November 3, 2009.

Today we will study the treatment of Canadians abroad by the Government of Canada. Our meetings today and on Thursday are associated with an August meeting in which this issue came to light. At that time, four members of our committee called the committee back from summer vacation and we discussed a couple of issues, all dealing with Canadians abroad.

Today, from the Department of Foreign Affairs and International Trade, we have Paul Roué, director general in the emergency management bureau; Lillian Thomsen, director general in the consular policy and advocacy bureau; and Patricia Fortier, director general in the consular operations bureau.

Chairing the panel, from the Canada Border Services Agency, we have Geoffrey Leckey, director general of international affairs. My understanding is that all four have opening statements. We look forward to your comments and then our questions to you.

Madam Thomsen.

[Lillian Thomsen, Director General, Consular Policy and Advocacy Bureau, Department of Foreign Affairs and International Trade]

Mr. Chairman, thank you for the invitation to appear before the committee to discuss the consular services provided to Canadians by the Department of Foreign Affairs and International Trade.

Mr. Chair, I am Lillian Thomsen, Director General, Consular Policy and Advocacy, and I am joined today by my colleague Patricia Fortier, Director General of Consular Operations, and Paul Roué, Director General of Emergency Management.

The concept of a consul as an official representative of a government, stationed in the territory of another state, with the responsibility of giving assistance and protection to the consul's fellow citizens, dates to the 1100s, when the wealthy city state of Genoa began to station officials known as consuls in various Mediterranean ports where it had significant interests. Until the early 20th century, consular assistance was provided to Canadians by British representatives.

However, with the growing establishment of Canadian institutions in the early twentieth century Canada gradually began to build its own consular representation abroad. These early Canadian consular representatives were largely focused on trade promotion, with the protection of Canadian nationals seen as a secondary but necessary adjunct.

It was only with the growth in mass tourism in the latter half of the twentieth century that the provision of consular services developed the profile it has today, whereby the bulk of consular services are provided to Canadians outside the country on vacation.

Canadians have wholeheartedly embraced the concepts of the global village and the global economy. Approximately 2.7 million to 2.8 million Canadians reside outside Canada, and each year Canadians make more than 49.9 million trips abroad, including 1.5 million trips to popular tourist destinations such as Mexico and the Dominican Republic. While most Canadians living or travelling abroad do not encounter problems, various factors, some of them new, can pose challenges and risks. Canadians have a role to play in preparing themselves to travel, and we in consular services have a responsibility to assist them with that preparation.

We encourage all Canadians to start their trip preparations with a visit to our website, www.travel.gc.ca, which offers travel reports for over 200 countries. These invaluable reports provide overviews of the security situation of the country, official travel warnings applicable to the country or specific regions within the country, contact information for the nearest Canadian mission, and much more.

Mr. Chair, we also offer a wide range of publications for Canadian travellers to assist them prior to leaving the country, including "Bon Voyage, But...", a guide to safe international travel. Canadians may order, via our web site, other publications related to cruise ship travel tips, dual citizenship, advice for adventure travellers and hurricane season tips.

Canadians are encouraged to inform us of their travel plans by registering online via our ROCA--registration of Canadians abroad--service, thereby allowing us to contact and assist them in an emergency or inform them of a family emergency at home.

The profile of Canadian travellers has changed significantly over the last decade. More and more Canadians are undertaking adventure travel, often in remote or dangerous areas. This, along with the pursuit of business opportunities in regions that pose greater risks on political and economic levels as well as a rise in natural disasters have a significant impact on the Consular program.

We engage in regular outreach with the travel industry and travel industry educators to ensure they have the necessary tools to help Canadians as they book their vacations. We understand that every travelling Canadian is a potential consular client that the Government of Canada may have to serve efficiently and courteously.

I will now turn to my colleague, Ms. Fortier, to speak to the provision of consular services abroad.

[The Chair, Conservative, Kevin Sorenson]

Thank you, Ms. Thomsen.

Ms. Fortier, please.

[Patricia Fortier, Director General, Consular Operations Bureau, Department of Foreign Affairs and International Trade]

Thank you very much.

Good morning, Mr. Chair.

I am Patricia Fortier, the Director General of the Consular Operations Bureau in DFAIT. I am going to talk about what our bureau does.

The consular operations bureau's mandate is to provide assistance to Canadians abroad on routine matters such as passport or citizenship applications and in distress cases such as hospitalization, death, or arrest. The general approach of Canadian consular services emphasizes self-reliance, respect for privacy, and provision of help where it is needed.

Case management officers in Ottawa work in tandem with consular officers at missions abroad. Together they offer professional client service, assistance, and support for concerned loved ones. We provide support and advice working with our consular staff in over 260 missions in 150 countries abroad. Currently we have 142,000 active consular cases around the world. That means that every day we open approximately 686 new cases.

We also handle issues involving Canada's most precious resource: our children. With the increase of international immigration, cross-cultural marriages and divorce rates, there has been an increase in cases involving children. We have dedicated officers working on issues including child abduction and custody disputes. There are currently over 650 active cases.

The Consular Operations Bureau also engages in strategic planning to identify resource needs and tools in order to improve the delivery of consular services.

How do we do this? Protection of Canadian interests and assistance are the cornerstones of our services. They are brought about by agents in the field or in Ottawa. Our policies, our practices, are constantly tested. They are modified when necessary to respond to rapidly evolving challenges. Officers are guided by a comprehensive manual of consular instructions. We also work in close cooperation with our partners to ensure timely and optimal services. These partners include Citizenship and Immigration Canada, Passport Canada, and of course the Canadian Border Services Agency, which is here today. We also have close working relationships with the provincial and municipal governments, who play a vital role in meeting the needs of our citizens who are most at risk.

We also have challenges. During the management of any case, the concerns of the client are foremost. This includes safeguarding their information. We are pursuing several initiatives to reinforce the protection of that information under the Privacy Act. As you are aware, the Privacy Act directs us not to discuss the details of cases unless the client has given specific consent.

Consular demand has grown in recent years, not only in numbers but in complexity. The number of distress-related cases has also increased. Consular officers not only assist clients, they also inform them of the Canadian government's role. For example, the Government of Canada cannot interfere in the judicial affairs of another country. We do, however, seek equitable treatment under local law for all Canadians arrested or detained, consistent with the laws of that host country.

I want to assure you that the vast majority of cases, literally thousands and thousands of cases, are successfully resolved every year. Fully 65% of distress-related cases were closed in the last fiscal year. A very few, however, require more sustained effort, sometimes lasting years. These are classified as complex distress cases. The client's case may be further complicated if the client has dual nationality. There are a number of countries that do not recognize dual citizenship.

There are also increasing expectations on the part of Canadians of what the Canadian government can provide, either financially or in terms of intervention. In order to provide sustainable services to the thousands of Canadians who seek our help abroad, case management and consular officers help clients to help themselves as much as possible and to access resources where they may be available.

This is difficult and challenging work, which is why I'd like to close with a small note about our people. Our officers are dedicated to the welfare of Canadians in all parts of the world. Our officers come from diverse backgrounds. They are highly qualified, many of them with graduate degrees. They undergo intensive training, and they are committed to assisting Canadians who find themselves in difficulty away from home. They are the face of Canada abroad.

Thank you very much for the opportunity to address this committee.

I'll now turn to my colleague, Paul Roué.

[The Chair, Conservative, Kevin Sorenson]

Mr. Roué.

[Paul Roué, Director General, Emergency Management Bureau, Department of Foreign Affairs and International Trade]

Thank you. Good morning, Mr. Chairman.

I'm Paul Roué, the director general of the emergency management bureau at DFAIT.

I'd like to take a few minutes to tell the committee a little bit about the work that DFAIT does when it comes to providing assistance to Canadians in emergency situations abroad and how we are organized to deliver those services. There's no doubt that Canadians are travelling, living, and working abroad in greater numbers today than ever before. As we have witnessed in recent years, this has meant that an increasing number of Canadians are finding themselves affected by emergency events occurring in far-flung corners of the globe.

DFAIT's Emergency Management Bureau was created in September of 2008 in large part as a response to this trend. Its mandate is to strengthen DFAIT's overall capacity, in terms of both expertise and infrastructure, to prepare for and respond to emergency events abroad.

While the bureau is meant to be the focal point for dealing with international emergencies that affect Canadians, we are by no means the only players. Other DFAIT divisions provide expertise in areas such as natural disasters. Other departments and organizations such as National Defence, the RCMP, and Citizenship and Immigration Canada are also involved.

Our colleagues in Canada's missions abroad are also key players. Our heads of mission and consular staff provide front-line service to Canadians who are affected by emergency situations of all types, whether natural disasters, civil unrest, public health crises, transportation accidents, or terrorist attacks.

The Bureau's mandate is to ensure that all available expertise and resources that can be brought to bear in the provision of emergency assistance are used in an effective and coordinated fashion for the purpose of ensuring the safety and security of Canadians.

We provide emergency assistance wherever and whenever required. In 2008-09, some 1,600 Canadians received emergency assistance in 26 separate incidents, including the terrorist attacks in Mumbai, the airport closures in Bangkok, and the assisted departure of Canadians from Gaza. Our program is anchored in the principles and best practices of emergency management at the international level.

Our missions abroad are all required to develop and maintain a comprehensive set of contingency plans addressing the main risks that they and the local Canadian community are exposed to. They work closely with like-minded missions and conduct extensive outreach to local emergency management and public safety authorities in order to ensure their ongoing preparedness to face any type of emergency situation.

Our missions also have a number of tools that they use to keep in touch with Canadians in the area and provide them with up-to-date information and advice on evolving conditions. The registration of Canadians abroad is one such tool. In the event of an emergency situation, Canadians who register can easily be contacted by our missions and provided with the latest information as well as safety and security advice. Recently, ROCA has been used to distribute public health information regarding the H1N1 flu pandemic.

Our warden networks are another means by which Canadians are kept informed and engaged. These emergency coordinators are a key link between our missions and Canadians who live or work abroad, especially in more remote, less accessible locations.

The DFAIT operations centre here at headquarters is another important element of our service. This 24/7 operation is the key link back to Canada for Canadians who live and travel abroad. Emergency after hours calls to our missions are automatically redirected to the operations centre, where a consular officer is always available to offer Canadians some level of emergency consular assistance wherever and whenever they need it.

When it comes to emergencies, Canada also has a close working relationship with key partners. Chief among these are the United States, the United Kingdom, Australia, and New Zealand. In response to ongoing situations, we collaborate closely and exchange information with these partners on a regular basis through weekly calls as well as on an ad hoc basis. As an example, Canada's partnership with Australia was instrumental in making possible the evacuation of Canadians from the island of Fiji after the coup in December 2006.

Finally, Canada also takes a leadership role among its partners when feasible and appropriate. In January 2009, Canada led the safe departure from the Gaza Strip of some 254 nationals from over 20 countries, including over 80 Canadian citizens and permanent residents.

Thank you.

[The Chair, Conservative, Kevin Sorenson]

Thank you, Mr. Roué.

We'll move to Mr. Leckey.

[Geoffrey Leckey, Director General, Intelligence Directorate, Canada Border Services Agency]

Thank you, and good morning.

I'm Geoff Leckey, and I'm the director general of the intelligence directorate of the Canada Border Services Agency.

Good morning. I'd like to thank the committee for the opportunity to speak to the role that the Canada Border Services Agency plays internationally, and the ways in which we provide service to Canadians.

The CBSA provides integrated border services that support national security priorities and facilitate the free flow of people and goods across our border. The word “integrated” reflects the fact that upon our creation in 2003 we assumed responsibility for enforcing immigration and refugee protection policy and for border inspection of food, plants, and animals, in addition to the traditional customs mandate.

As the Director General of the Intelligence Directorate at CSSA, one of the files I have contributed to in recent months is called our "international footprint". This footprint is a determination of where our limited resources are best assigned throughout the world in relation to our Agency's priorities.

The CBSA has a dual mandate that requires that we give equal emphasis to both security and facilitation at the border. Each day our agency delivers on this mandate, in part through rigorous risk assessment and the strategic placement of resources in Canada and abroad. I'd like to emphasize that this strategy of using globally distributed resources in support of domestic public safety is not unique to Canada. This approach is very much in keeping with the best practices of modern border management around the world.

The CBSA collaborates with a number of Canadian partners, including Citizenship and Immigration Canada, the Royal Canadian Mounted Police, the Canadian Security Intelligence Service, as well as municipal and provincial law enforcement agencies.

Our international partners include foreign mission representatives, private sector airlines, and officials from the respective host countries. Our collaboration with these partners includes interdiction, intelligence gathering, anti-fraud training, and removals.

While we recognize that the vast majority of travellers are legitimate, law-abiding citizens, a primary goal among all of our partners is to prevent criminals, people involved in organized crime or in human or international rights abuses, and people who pose a security threat from taking advantage of Canada's immigration program.

The CBSA has a number of programs to manage risk away from the border rather than at our ports of entry. Some of these programs include our trusted traveller program, the container security initiative that locates Canadian personnel at foreign ports in order to examine cargo prior to its departure, and migration integrity officers who work with Citizenship and Immigration Canada to enforce the Immigration and Refugee Protection Act.

By applying a risk-based approach to border management, the CBSA is able to better dedicate resources at our ports on the facilitation of legitimate travel and trade.

While the majority of the CBSA's almost 15,000 personnel are located in Canada, the agency currently has 56 migration integrity officers located in 46 key embarkation, transit, and immigration points in 39 countries. MIOs enhance service to travellers and immigrants by ensuring that individuals have satisfied documentary requirements, and they help in removing potential burdens on the Canadian refugee system.

The MIO program is successful from both a risk mitigation and a service perspective. Since their inception in 1989, MIOs have intercepted over 95,000 improperly documented passengers prior to their arrival in Canada. Each year approximately 20 million air passengers arrive in Canada. Last year the CBSA interdicted approximately 5,000 people. During the same year, our MIOs facilitated the return to Canada of over 3,000 properly documented travellers--the majority of them Canadian--who had been wrongly intercepted by airline personnel or local authorities overseas.

In closing, I would like to stress the important role MIOs play in the delivery of the agency's overall public security and facilitation mandate.

Our officers abroad are critical elements in the international effort to confront human trafficking, immigration fraud, terrorism, piracy, and organized crime. They also make notable contributions to government efforts in support of Canadians abroad.

Thank you. I look forward to your questions.

[The Chair, Conservative, Kevin Sorenson]

I thank all four of you very much.

We'll proceed to our first round.

We'll let the opposition go first, with Mr. Patry and Mr. Pearson.

[Bernard Patry, Liberal, Pierrefonds—Dollard, QC]

Thank you, Mr. Chair.

I would also like to thank our guests this morning. It is very interesting to have you with us.

Where the identity of a Canadian passport holder is challenged—the person is outside Canada and their Canadian passport is challenged—what is Canada's obligation, to offer protection or accommodation until the consular investigation is completed?

The Department of Foreign Affairs Report on Plans and Priorities 2009-2010 states that the Department needs to

Develop a clear “path of escalation” for passport and citizenship-related issues originating at missions abroad.

It explains, and I quote:

A clear path of escalation would provide a simple framework whereby consular staff could consult with Passport Canada and Citizenship and Immigration Canada on complex questions and receive guidance quickly so that such problems could be resolved promptly, resulting in more efficient use of limited consular resources.

[The Chair, Conservative, Kevin Sorenson]

Mr. Patry, please slow down; the interpretation is having a hard time keeping up.

[Bernard Patry, Liberal, Pierrefonds—Dollard, QC]

I'm slower in English, but I'll speak French.

Has the Department developed that framework? What is the path to follow? I would like to know more.

[The Chair, Conservative, Kevin Sorenson]

Thank you, Mr. Patry.

Madam Fortier.

[Patricia Fortier]

Thank you very much, Mr. Chair.

I think one of the most important tasks that consular officers abroad perform is this delicate balance between assistance and identifying Canadians as Canadians. As my colleague from CBSA has noted, there is an increase in the use of fraudulent documents. Certainly we have noticed in our consular work that more and more Canadians are falling prey to scams and other criminal activities.

In terms of the integrity of the passport, that is under the purview of Passport Canada, which is a special operating agency. This is important in terms of our work. Basically we provide the program abroad, but we go back to Passport Canada and Citizenship and Immigration Canada to confirm the details of information that is provided by any citizen who comes to us.

In terms of the working relationship between Passport Canada and Citizenship and Immigration Canada, I would say it's very close. The standard operating procedures are being refined at all points. The framework in which we are working is being refined as well. Basically we have an excellent working relationship in place that I can say is being improved every day through lessons learned. We take copious notes in terms of all the cases that we deal with. These notes go forward with the case, so there's always continuity. In terms of an identity of a person, we are always looking for ways to improve in terms of lessons learned.

We do work closely, of course, with any person who comes and presents a document. But in terms of the documents themselves and the information that's contained in them, that is the purview of Passport Canada. We rely on our colleagues in CBSA, and perhaps my colleague in CBSA would like to talk to that a bit. And of course we go back to Citizenship and Immigration Canada to discuss exactly the information in terms of citizenship.

I wonder if my colleague in CBSA would like to talk to that point, in terms of passports and the integrity of passports.

[Geoffrey Leckey]

Thank you, Mr. Chairman.

The Canadian passport is a highly desirable travel document, and for that reason it is intensively targeted by networks that want to use it for fraudulent purposes. However, it does have good security features. It's one of the harder passports to forge. That's not to say that there aren't some workshops in some parts of the world that are getting pretty good at it, but we're more likely to see a genuine document being misused than we are to see a fraudulent document.

In terms of how often we see that, I wouldn't say it's increasing. In recent years the volume that we've encountered overseas has been fairly steady, and we like to think that might have something to do with the success of the MIO network, to which I referred in my introductory remarks.

This might be an opportunity to mention the fact that what we call our interception rate overseas is 70%. That is to say, when you count the number of interceptions, interdictions overseas of persons who are improperly documented and seeking to travel to Canada, and you count the number of persons who arrive in Canada improperly documented, when you add them together that's 100%. We intercept 70% of them. We like to think that's part of the reason why we're not seeing a sharp increase in the abuse of the Canadian passport in recent years.

[The Chair, Conservative, Kevin Sorenson]

I think the second question was in regard to a clear framework that's put forward by the department. I think Madam Fortier spoke on that earlier.

[Bernard Patry, Liberal, Pierrefonds—Dollard, QC]

You didn't answer about the duty of Canada, whether Canada has any obligation to the people who are arrested during the time they're awaiting the consulate investigation about their accommodation and the protection of that person. Does Canada have any obligation abroad?

[Patricia Fortier]

Are you asking about Canadian citizens who are arrested or detained abroad?

[Bernard Patry, Liberal, Pierrefonds—Dollard, QC]

Detained abroad. Let's say someone leaves Canada and goes to any country in the world, and when he wants to come back we have a consular person over there at the airport saying they are not a Canadian--“This is not your picture,” or this or that. We don't give him authorization to take the flight. What happens at that time? Do we have any obligation for the accommodation of that person while he's waiting? It could take a day, two days, three days. Does Canada have any obligation regarding that person?

[Patricia Fortier]

In general terms, the question of whether or not Canadians are allowed on flights is something that actually my CBSA colleague could speak to a bit more, but in terms of Canadians who find themselves generally in distress, they can always come to any of our missions, or, as Mr. Roué pointed out, they can get in contact with us through a variety of communications to ask for our assistance. That's one of the most important aspects. We want people to be able to reach us to tell us that they are in distress. What we can do is talk to them about their situation. For example, if they are in a country and they perhaps don't have any money, or they need some guidance, we can provide advice. We can also get in touch with family or friends who might provide resources to them.

As I said in my opening statement, consular services are based on self-reliance, Canadian self-reliance. We hope to be good stewards of the public purse. We understand that when you vote us money, it is our responsibility to take care of that. We can provide advice to any Canadian who is in distress.

In terms of airlines that decide not to board Canadians, I think that's a question better addressed to my CBSA colleague.

[The Chair, Conservative, Kevin Sorenson]

We will come back to him, but it will have to be in another round.

Madame Lalonde.

[Francine Lalonde, Bloc, La Pointe-de-l'Île, QC]

Thank you.

In general, what kind of response do Canadian embassies abroad provide when a Canadian citizen has problems?

If a Canadian citizen outside Canada who has not committed a crime is detained and mistreated, what will consular services do to help the person?

[Patricia Fortier]

Thank you for those questions.

In terms of Canadians in distress, Canadians who have a problem, this is our bread and butter. People would not come to us if they did not have a problem. So they will come to us via various means: e-mail, phone, or walking in the door. They will come either through the ops centre or through other means, through friends and family.

What we can provide is advice. Consular officers abroad and consular management officers here are integrators of information. Although they sometimes act almost as social workers, lawyers, doctors, etc., they are none of those things. Basically what we can do is provide the information that will help Canadian citizens deal with the situation in which they find themselves. As one case officer said to me, “What we hope to do is empower our co-citizens to help themselves in these situations.”

This doesn't mean we leave them alone to figure it out for themselves, particularly in difficult countries that have very different cultural or legal mores. What we can do is provide information on the background and legal context. We can provide lists of lawyers. We can provide lists of health services and hospitals. We can give them advice about where to turn. If they ask us—and sometimes they don't—we can be in touch with their friends or family. We can help them with their documentation. There's a long list of things we can do.

But what we prefer and what is part of our mandate is to help Canadian citizens who find themselves in distress to come to a resolution themselves within the country, and of course in those cases where it can't be resolved, to facilitate their return to Canada.

The information we provide, of course, should start before they leave. That's something I'm going to ask my colleague Lillian Thomsen to talk about—the information we give and that we try to get out to Canadians before they depart, before they find themselves in any difficulty.

[The Chair, Conservative, Kevin Sorenson]

Madame Lalonde.

[Francine Lalonde, Bloc, La Pointe-de-l'Île, QC]

You can only give information. And yet there are sometimes things that should be done.