Citizenship and Immigration Committee on May 17th, 2006

[Don Bell, Liberal, North Vancouver, BC]

Yes.

[Claudette Deschênes]

I do not believe so. Let me just check that out, if I can.

[Don Bell, Liberal, North Vancouver, BC]

It was under consideration at one point because of the volatile political situation there and the persecution, for example, of Christians.

[Claudette Deschênes]

Again, the issue is on a case-by-case basis. We would always look at a case and ask whether, given the details of the case, removing that person to a country is something we want to do or not do. In the case of temporary suspension of removals, we're saying that in all cases, except for those of criminals, we will not remove.

Iran is not on the list, and at this moment in time I don't think Iran is necessarily one we would consider seriously as one to look at.

[Don Bell, Liberal, North Vancouver, BC]

About a year ago, as I recall, it was getting close to consideration; at least, that was my understanding. So that's changed now, then.

[Claudette Deschênes]

I could be wrong on this. I can check and get back to you.

[Don Bell, Liberal, North Vancouver, BC]

I would appreciate that.

The other point is about labour market analysis. I'm hearing through my riding and from my staff who are dealing with these cases that it's an onerous process. We talked about trying to improve it. It's generally accepted that we have, as a result of the aging of the baby boomers and people exiting various careers, a shortage overall. Yet we seem to go into these detailed analyses.

There are certain segments in the marketplace in British Columbia that I can refer to in which we know there's a shortage—the Chamber of Commerce came out with a survey—and yet we still say no, you have to have a survey to prove it.

Why don't we do one survey and then say that for everybody in that category we're not going to require them? I'm hearing back from employers that they just can't be bothered; it's too much red tape and cost for them to fill out an application. They just say they won't be bothered.

[Daniel Jean]

For the labour market opinion role in IRPA, the authority rests with Human Resources and Skills Development Canada. We try to work very closely with them. I think it's fair to say that they appreciate and we appreciate that there are some sectors with shortages and some local labour shortages. The question is how much. Immigration will never be the panacea for all of that. Some of it requires retraining and retooling people, some of it requires the recruitment of people, and some of it involves bringing people into the labour force.

Where immigration can play a role.... For example, in the Fort McMurray situation we worked out and developed a scheme where we're not doing case-by-case analysis. We appreciate that a lot of people say there's probably a greater need, and we're trying to work very hard to see what's possible.

[Don Bell, Liberal, North Vancouver, BC]

So HRSD is really your processing arm for these things, and it's your department that sets the policy. If we want to come in to argue policy with you because of the Chamber of Commerce studies saying there's a problem out there, it's your department that's setting the policy.

[Daniel Jean]

HRSD is the one that tells us whether or not there's a labour market need in Canada.

[Don Bell, Liberal, North Vancouver, BC]

I see. So we need to argue with them and get them to come forward and say that overall, for all construction workers in B.C., we have a shortage, so that we don't have to go through proving it each time.

[Daniel Jean]

We rely on their opinion to process these.

[Don Bell, Liberal, North Vancouver, BC]

Is it possible to write into the immigration policy that people involved in serious crimes who come here in the immigration process will in effect be returned--that it nullifies their process? That's a question I've been asked by constituents.

[Daniel Jean]

People who are here and in the process of--

[Don Bell, Liberal, North Vancouver, BC]

I don't mean a speeding ticket. I mean they are involved in robbery or assault; these are then people we don't want in Canada.

[Daniel Jean]

Some legislative measures have been taken. When I was speaking about the refugee protection flow earlier, I said we would be able to exclude a serious criminal from a referral to the Immigration and Refugee Board; they would only be referred for a pre-removal risk assessment. Even though they are criminals, even though they may pose a risk to Canadians, we still have an obligation to make sure if there a risk in returning them back to their country of origin. If they claim they're going to be tortured if they are returned to their country of origin, we have international obligations we have to live up to.

[The Chair, Conservative, Norman Doyle]

We will--

[Claudette Deschênes]

Could I just add that the act does permit us to act. For example, if someone is a permanent resident, is then involved in serious criminality, and is not a Canadian citizen, we can take enforcement action, but again, all through those steps we have checks and balances. I would say everybody is entitled to one mistake. There are checks and balances to ensure that this person.... A lot of the checks and balances are involved with a removal order and that type of thing, and an independent decision-maker at the IRB will decide if the person should be given another chance.

So there is legislation that permits us to take action; it doesn't mean that as soon as you are a criminal, you are sent back. There are checks and balances if you're a permanent resident.

[The Chair, Conservative, Norman Doyle]

Now we will move along to Ms. Deschamps.

[Johanne Deschamps, Bloc, Laurentides—Labelle, QC]

Thank you for your presentation and the document you provided. It provides a wealth of information, and I would have liked to become more acquainted with it before asking my questions.

On page 7, in the table entitled “Impact of Administrative Reforms”, in the column called “Measures Applied”, there is a bullet called “Safe Third Country Agreement with the US.” Can you tell us what you have done since this agreement was implemented on December 31, 2004, and when the committee will receive a report on this agreement? What are your thoughts on this agreement, what were the major hurdles, detrimental effects on claims, and so on?

On page 6, the table entitled “Different Populations” provides a country-by-country breakdown of refugee claims in Canada for 2005. Mexico and Columbia are the countries from which the highest number of people are seeking refugee status. I am wondering if the Safe Third Country Agreement with the US does not somehow have an effect on the number of claims coming from these countries.

[Daniel Jean]

I will begin with the first question.

The implementation of the Canada-US Safe Third Country Agreement last December caused an approximately 55% decrease in the number of claimants at the Canada-US border. Please note that the agreement applies strictly at the Canada-US border.

We asked the United Nations High Commission for Refugees to do an assessment and follow-up of this agreement, to make sure that good practices in sharing responsibilities were being observed, because this is a shared responsibility agreement.

The report will be published in a few months. Canadian authorities, including the Department of Citizenship and Immigration, the Canadian Border Services Agency, as well as American authorities, have collaborated with the UNHCR as well as other stakeholders to produce the report.

I will now answer your question on the impact of the agreement on countries from which we receive the highest number of refugee status claimants, Mexico and Columbia. Mexican claimants come directly to Canada. They do not arrive from the United States. As for Columbia, a large portion of asylum seekers who come to Canada have already been in the United States for some time.

At the border, the number has dropped, probably because of the agreement. However, there has been a slight increase of claims at domestic offices. These are people who seek refugee status when they arrive in Canada.

Have I forgotten any of your questions?

[Johanne Deschamps, Bloc, Laurentides—Labelle, QC]

No. I'll move on to another topic, specifically, claims made from abroad.

Certain embassies have been shut down, particularly in Africa. Did these closings have an impact on the applications made from abroad? Claims were sent to other satellite offices. Does the distance one must travel to submit a claim have a deterrent effect on some asylum seekers?

[Daniel Jean]

Most of the missions you refer to are ones where we did not have any visa offices. Therefore, there were no major consequences. However, members of the Standing Committee on Citizenship and Immigration as well as other parties have asked a lot of questions concerning our ability to process claims in Abidjan over the last few years, and with good reason.

Given the political situation in Côte d'Ivoire, we closed our embassy three times over the last two years. We were experiencing operational problems as well.

After having studied the problem, we transferred responsibility to the Congo, where there are a lot of refugee camps, and family reunification camps. We also transferred responsibility to our office in Nairobi, which is better equipped and has excellent expertise on refugees. We are currently taking necessary measures to mitigate the problems in Abidjan.

[The Chair, Conservative, Norman Doyle]

Your five minutes are up with that, and according to my list we move to Mr. Komarnicki, and then over to Albina, Andrew, Madame Faille, and then Bill.

Mr. Komarnicki.

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

I have a couple of questions. First of all, you made a statement that citizenship can be obtained by being born to a Canadian parent, and there is a small stream of individuals, who are commonly referred to as the lost Canadians, who have recently been concerned about the fact that they are not able to obtain their citizenship easily.

You're probably familiar with the legislation that has been passed. It was a Senate bill that passed on May 5, 2005, and became effective. I understand that category of lost Canadians—children born to Canadian parents—lost their citizenship when the parents took citizenship elsewhere, say the United States, or another country.

Is there a simple procedure in place such that a person can apply, even today as we speak, to gain their citizenship on a more or less automatic basis?