Evidence of meeting #46 for Citizenship and Immigration in the 39th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was rad.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Malcolm Brown  Assistant Deputy Minister, Strategic and Program Policy, Department of Citizenship and Immigration
Micheline Aucoin  Director General, Refugees Branch, Department of Citizenship and Immigration
Eric Stevens  Legal Counsel, Legal Services, Department of Citizenship and Immigration
Paul Aterman  Director General, Operations Branch, Immigration and Refugee Board of Canada

11:45 a.m.

NDP

Bill Siksay NDP Burnaby—Douglas, BC

No, I'll pass. Thanks, Chair.

11:45 a.m.

Conservative

The Chair Conservative Norman Doyle

I'll go to Mr. Komarnicki.

11:45 a.m.

Conservative

Ed Komarnicki Conservative Souris—Moose Mountain, SK

Yes, Mr. Chairman. I see our time is getting short. What time do we have?

11:45 a.m.

Conservative

The Chair Conservative Norman Doyle

Our schedule is from 11 o'clock until 11:50.

11:45 a.m.

Conservative

Ed Komarnicki Conservative Souris—Moose Mountain, SK

I'm going to ask a couple of particular questions, but I also want to raise a motion to extend the hearing time we have for these witnesses.

11:45 a.m.

Liberal

Andrew Telegdi Liberal Kitchener—Waterloo, ON

No, it's a waste of time.

11:45 a.m.

Conservative

Ed Komarnicki Conservative Souris—Moose Mountain, SK

Well, first of all, I want to read into the record the fact that we've had other ministers, previous Liberal ministers like Judy Sgro, who had said we have a very fair process, and there are at least four avenues of review or appeal on every application.

The Honourable Joe Volpe said every member should know that the appeals processes are there for everybody and that they work well; we're not interested in adding another layer of appeals. He also said, “the Refugee Appeal Division, which was proposed by the committee and accepted in Parliament, was an additional impediment to streamlining the process...”.

He also said:

Protection is really what counts and that's what the current system delivers.

... It still takes too long for decisions to be made and too long for decisions, once they are made, to have an impact. Simply by adding another layer of review or appeal to what we already have will do little to address this shortcoming; in fact, it may make it worse.

My decision is therefore not to implement the RAD.

Some ministers expressed some reservations with respect to putting in another layer. Was that your understanding of the positions of the various ministers previously, Mr. Brown?

11:45 a.m.

Assistant Deputy Minister, Strategic and Program Policy, Department of Citizenship and Immigration

Malcolm Brown

Yes, it was.

11:45 a.m.

Conservative

Ed Komarnicki Conservative Souris—Moose Mountain, SK

Some legitimate issues need to be--

11:45 a.m.

Liberal

Andrew Telegdi Liberal Kitchener—Waterloo, ON

Fifty vacancies under this government--

11:45 a.m.

Conservative

The Chair Conservative Norman Doyle

Order, please.

11:45 a.m.

Conservative

Ed Komarnicki Conservative Souris—Moose Mountain, SK

Some additional questions, which I think are legitimate, that we need to be concerned about are how the RAD itself might interplay with respect to appeals to the Federal Court. I think there's an issue there as well that would relate to that, so you might want to respond to that.

Then, Mr. Chair, after he responds, I would like to put a motion on the floor to extend the length of time these witnesses are questioned.

11:45 a.m.

Conservative

The Chair Conservative Norman Doyle

Mr. Brown, a quick response, please.

11:45 a.m.

Assistant Deputy Minister, Strategic and Program Policy, Department of Citizenship and Immigration

Malcolm Brown

Sure, I may ask Eric, as the legal--

11:45 a.m.

Liberal

Andrew Telegdi Liberal Kitchener—Waterloo, ON

Mr. Chair, I have a point of order. If you're going to have an extension of the meeting you're going to do it now, because we have got to the time.

11:45 a.m.

Conservative

The Chair Conservative Norman Doyle

We still have a minute.

Go ahead, Mr. Brown.

11:45 a.m.

Assistant Deputy Minister, Strategic and Program Policy, Department of Citizenship and Immigration

Malcolm Brown

Eric, do you want to answer the specific question about the interplay between the Federal Court and the RAD?

11:45 a.m.

Legal Counsel, Legal Services, Department of Citizenship and Immigration

Eric Stevens

The way it works currently is that denial at the RPD decision goes to the Federal Court on judicial review. Should the RAD be enacted, then the legislation does provide that that would be the decision, that it goes to the Federal Court for judicial review.

11:50 a.m.

Conservative

The Chair Conservative Norman Doyle

Okay, thank you.

Mr. Komarnicki, do you have a motion?

11:50 a.m.

Conservative

Ed Komarnicki Conservative Souris—Moose Mountain, SK

Yes. Essentially, I want to put a motion forward--

11:50 a.m.

Conservative

The Chair Conservative Norman Doyle

Is it accurate to say your motion is that the committee continue meeting and receiving testimony from CIC officials until members no longer have questions?

11:50 a.m.

Conservative

Ed Komarnicki Conservative Souris—Moose Mountain, SK

I want to phrase that a little better. I want to raise this issue as follows.

We're dealing with something that is a significant issue to everyone concerned, including--

11:50 a.m.

Liberal

Andrew Telegdi Liberal Kitchener—Waterloo, ON

On a point of order, Mr. Chair--

11:50 a.m.

Conservative

Ed Komarnicki Conservative Souris—Moose Mountain, SK

Let me finish.

11:50 a.m.

Liberal

Andrew Telegdi Liberal Kitchener—Waterloo, ON

On a point of order, Mr. Chair, the time has run out.