Evidence of meeting #42 for Citizenship and Immigration in the 39th Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was backlog.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Lorne Waldman  Immigration Lawyer, As an Individual
Barbara Jackman  Immigration and Refugee Lawyer, As an Individual
Janet Dench  Executive Director, Canadian Council for Refugees
Philip Mooney  National President, Canadian Association of Professional Immigration Consultants
Imran Qayyum  Vice-Chair, Canadian Society of Immigration Consultants
Warren Creates  Head, Immigration Law Group, Perley-Robertson, Hill and McDougall LLP
David Cohen  Immigration Lawyer, As an Individual
John P. Ryan  Chair, Canadian Society of Immigration Consultants
Tom Pang  Acting President, Chinese Canadian Community Alliance
Ping Tan  National Executive Co-Chair, National Congress of Chinese Canadians
Roberto Jovel  Coordinator, Policy and Research, Ontario Council of Agencies Serving Immigrants

May 12th, 2008 / 5 p.m.

Immigration Lawyer, As an Individual

David Cohen

I'll take a stab at that.

The Quebec-Canada accord is not the same as the other provincial nomination programs. In terms of how it deals with the other provinces, the federal government can pretty much impose whatever kind of restrictions or limits it wants within the provincial nomination system. Quebec has an agreement with Canada, and that agreement, as I see it, will not be changed, with Bill C-50 with regard to the speeding up of applications, holding applications for later consideration, or returning applications.

However, when in Bill C-50 there is mention of the fact that only applicants inside Canada have the right to apply for residence on humanitarian and compassionate grounds, that clearly affects people in Quebec. I'll give you an example.

Let's say you have a Canadian permanent resident residing in Quebec, a single mother who works outside of Canada, and she gives birth while outside Canada and wants to sponsor her child and bring that child back to Canada. It's by use of the humanitarian and compassionate application on behalf of the child outside of Canada that this type of situation has been addressed.

As Mr. Creates said, it doesn't come up often. But when it does, when somebody is desperate, and whether that person is in Quebec or in British Columbia, when that person is outside Canada or has a connection with somebody who is from Quebec or British Columbia, clearly we should not be cutting back on and taking away that right. In that sense, people in Quebec are affected just like people in any other province.

5 p.m.

John P. Ryan Chair, Canadian Society of Immigration Consultants

Mr. St-Cyr, I concur with my colleague, except that I want to mention one thing. The current system provides that the federal government retains the ability to refuse or to issue a visa on statutory grounds. That would continue with Bill C-50; it wouldn't be affected. Irrespective of Quebec's having selected the immigrant, the Government of Canada can still refuse on issues of security, criminality, etc.

5 p.m.

A voice

Or medical grounds.

5 p.m.

Chair, Canadian Society of Immigration Consultants

John P. Ryan

With respect to restrictions on classifications, I have to concur with the earlier panel: I don't see a restriction. However, I would suggest that politically it would be extremely difficult for the minister to enact that.

5 p.m.

Conservative

The Chair Conservative Norman Doyle

Okay, thank you, Mr. Ryan.

Madam Chow.

5 p.m.

NDP

Olivia Chow NDP Trinity—Spadina, ON

On that ground, Mr. Cohen and Mr. Creates, right now in Bill C-50 the minister can retroactively change the law and say, “Well, yes, you've applied, but my instruction is that people from these visa offices would be less favourable, and certain targets, such as skilled labour, I would prefer.”

She can do so retroactively, right?

5 p.m.

Head, Immigration Law Group, Perley-Robertson, Hill and McDougall LLP

Warren Creates

Retroactive to February 27 of this year.

5 p.m.

NDP

Olivia Chow NDP Trinity—Spadina, ON

Exactly. It has nothing to do with the 925,000 people who are backlogged. That's a completely bogus discussion, because it has nothing to do with the 925,000, even though the line has always been that it's really because of the backlog from the past, when no, it has nothing to do with the 925,000.

But am I correct in assuming that she does have the right to say that if she's getting too many applicants from New Delhi or wherever, or from Beijing, she could choose to return some of the applicants...from that visa office? Can she do that?

5 p.m.

Head, Immigration Law Group, Perley-Robertson, Hill and McDougall LLP

Warren Creates

That's absolutely correct. She can issue instructions that are consistent with her opinion, and they're mandatory. Her officers “shall” comply with the instructions. I'm quoting the legislation when I say this.

5 p.m.

NDP

Olivia Chow NDP Trinity—Spadina, ON

Yes, exactly. She will tell you and put it in the gazette after she has implemented it. So if people say, “This is totally unfair, don't do it”, she has already implemented it. Isn't that right?

5 p.m.

Head, Immigration Law Group, Perley-Robertson, Hill and McDougall LLP

Warren Creates

That's right.

5 p.m.

NDP

Olivia Chow NDP Trinity—Spadina, ON

Am I correct in assuming also that in the legislation she has the right to say, “I want temporary foreign workers from a certain area, so I will fast-track all temporary foreign workers from that certain area”? Does she have the right to do so?

5:05 p.m.

Immigration Lawyer, As an Individual

David Cohen

Well, temporary foreign workers are fast-tracked.

5:05 p.m.

NDP

Olivia Chow NDP Trinity—Spadina, ON

They are already anyway.

5:05 p.m.

Head, Immigration Law Group, Perley-Robertson, Hill and McDougall LLP

Warren Creates

There are three sacred categories that cannot be touched. Number one, refugees outside Canada are not going to be affected by this legislation. Number two, family class will not be affected by this legislation.

5:05 p.m.

NDP

Olivia Chow NDP Trinity—Spadina, ON

Unless it's humanitarian grounds outside Canada.

5:05 p.m.

Head, Immigration Law Group, Perley-Robertson, Hill and McDougall LLP

Warren Creates

Yes.

The third category is temporary residence status.

Now, by deductive reasoning, those three categories will be affected if the minister moves other categories to the front. We all have limited processing resources, so if those other categories move to the front, the three categories I just described are going to sit on the vine until they ripen.

5:05 p.m.

NDP

Olivia Chow NDP Trinity—Spadina, ON

Or rot.

5:05 p.m.

Head, Immigration Law Group, Perley-Robertson, Hill and McDougall LLP

Warren Creates

Or rot, yes.

She can't expressly issue instructions about those three categories, but it will have an effect if she moves other categories to the front of the line, because they just won't get processed.

5:05 p.m.

NDP

Olivia Chow NDP Trinity—Spadina, ON

I heard the minister on CBC Radio saying that some people among the 925,000 are dead, and all she wants to do is to make sure we get rid of the dead applicants.

Correct me if I'm wrong, but the department already can sort out who's dead and who's not, can they not?

5:05 p.m.

Head, Immigration Law Group, Perley-Robertson, Hill and McDougall LLP

Warren Creates

A letter would do that, with a 60-day reply limitation period. You could send a letter and say, “If I haven't heard from you within 60 days, I'm going to assume you're no longer interested.” That's a fairness letter. It puts the person on notice. They have a positive obligation to reply to it. Either they're interested or they're not.

5:05 p.m.

NDP

Olivia Chow NDP Trinity—Spadina, ON

She doesn't have to make these--

5:05 p.m.

Immigration Lawyer, As an Individual

David Cohen

She doesn't need the additional powers, these sweeping powers, in order to effect that.

5:05 p.m.

Head, Immigration Law Group, Perley-Robertson, Hill and McDougall LLP

5:05 p.m.

NDP

Olivia Chow NDP Trinity—Spadina, ON

Having said all that then, perhaps to Mr. Creates and then to Mr. Cohen, why do you think they are doing something that is sweeping, that is anti-democratic, that has nothing to do with the backlog, and that is not going to help families reunite any faster than before; in fact, it might even take longer?