Citizenship and Immigration Committee on March 3rd, 2008

[Olivia Chow, NDP, Trinity—Spadina, ON]

If we're going to go down that route, we absolutely have to bring the CBSA onboard.

I have in my hands a note, a memo, sent on March 4, 2005, where CIC basically said, please give all agency applications, especially spousal ones, a 60-day administrative deferral from removal. Then the department, CIC, said, hey, we have no problem, because the minister said we should not deport anyone that is on a spousal application. Then CBSA said, well, actually, we do not agree; once it has passed 60 days, or in those cases where CIC does not render a decision within 60 days, CBSA officers will proceed with removal.

So that is really quite arbitrary. If you're lucky and your case gets processed within 60 days, you're okay. If it takes 68 days, sorry, you have to go.

If the committee members feel more comfortable bringing in the CBSA to explain themselves—

[The Chair, Conservative, Norman Doyle]

Yes, bringing in CBSA also.

[Olivia Chow, NDP, Trinity—Spadina, ON]

—or why they would do this if applications take more than 60 days, that would be fine. I think if we did that it would review other problems where the right and left hand do not know what the other is doing.

So to make a long story short, if that brings people onboard and brings people closer to understanding the absurdity of what is in front of us, I would have no trouble dealing with it this coming Monday. But what I don't want to see—because there are quite a few heartbreaking cases of people about to be kicked out. But if we can deal with this as quickly as possible, that would be wonderful.

[The Chair, Conservative, Norman Doyle]

Okay. That sounds good.

I have Mr. Telegdi and Mr. Bevilacqua.

[Andrew Telegdi, Liberal, Kitchener—Waterloo, ON]

Mr. Chair, the only thing I was wondering is if we should maybe bring in a couple of witnesses who are going through this. The only thing I'm trying to get a sense of is whether or not the committee agrees that if somebody is allowed to get the permit to be here, they should be able to work.

Does any member of the committee have any problem with that? I'd like to ascertain that, because if that's a problem, then maybe we should bring in a witness.

[The Chair, Conservative, Norman Doyle]

To get the permit to work.

[Andrew Telegdi, Liberal, Kitchener—Waterloo, ON]

Yes, that they get a permit to work when they're.... That should be non-controversial.

[The Chair, Conservative, Norman Doyle]

If they have a permit to work, obviously they can work. Right?

[Andrew Telegdi, Liberal, Kitchener—Waterloo, ON]

They should get a work permit, but they don't have a work permit. What happens is they're given a permit to stay while their application is being processed, but in the meantime they cannot work. That's not something we want to subject anybody to.

[The Chair, Conservative, Norman Doyle]

It seems to me—

[Andrew Telegdi, Liberal, Kitchener—Waterloo, ON]

I'm just trying to see if the parliamentary secretary has a problem with that.

[The Chair, Conservative, Norman Doyle]

It seems to me that we have some consensus here as a result of your intervention, Ms. Sgro, to bring in somebody from the CBSA and the CIC, to see what the exact story is on this before we get down to the business of dealing with the motion. That seems to be eminently sensible in my view.

Did you have something to say, Mr. Bevilacqua, on that?

[Andrew Telegdi, Liberal, Kitchener—Waterloo, ON]

Actually, I wasn't finished yet, Mr. Chair.

[The Chair, Conservative, Norman Doyle]

Oh, I'm sorry.

[Andrew Telegdi, Liberal, Kitchener—Waterloo, ON]

I mean, there are still questions that we're dealing with.

[The Chair, Conservative, Norman Doyle]

Yes.

[Andrew Telegdi, Liberal, Kitchener—Waterloo, ON]

Is there any concern from anybody about people having a temporary work permit while they are here? That's what I'm trying to get a handle on. We don't need officials for that. Or do we need officials for that?

[The Chair, Conservative, Norman Doyle]

I don't know if we can ascertain that or if it has any bearing on the fact that we're bringing officials in. I think it would be better to get the officials' opinion on it first. Then we can bring the motion back before the committee. It's irrelevant what the committee might think, at this stage, if we're going to just stand down the motion and bring in an official to have a talk about it.

Are you finished, Andrew?

[Andrew Telegdi, Liberal, Kitchener—Waterloo, ON]

Well, I don't see one and the same issue here. If it's an opportunity to bring up the fact that we have people who are here waiting on an application being processed and who are not allowed to work, if that's an issue as well, then we'd better get the appropriate officials to come and talk to that as well. If it's not an issue, and the committee is unanimous on it, then we can have that go ahead or have hearings on both of them. That's the question.

[The Chair, Conservative, Norman Doyle]

I would think that we would try to get some opinion on both of them.

I have Mr. Bevilacqua first, and then you, Mr. Khan.

[Maurizio Bevilacqua, Liberal, Vaughan, ON]

I think it's a proper way to proceed, Mr. Chairman.

It's also very important to figure out, from a jurisdictional point of view, which agency is in fact responsible. Who's in charge? That essentially is what we want to get to the bottom of here.

[The Chair, Conservative, Norman Doyle]

Yes.

Mr. Khan.

[Wajid Khan, Conservative, Mississauga—Streetsville, ON]

Mr. Chair, that's fine. Mr. Bevilacqua just covered what I was going to say.

[The Chair, Conservative, Norman Doyle]

Okay.

Would you agree, Ms. Chow, to stand it down right now?

[Olivia Chow, NDP, Trinity—Spadina, ON]

For Monday.