Citizenship and Immigration Committee on May 12th, 2008

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

He should have been finished here.

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

--on Bill C-50 and this crazy process where we condense everything, we would have had him here for a couple of hours.

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

Which the honourable member had a lot to do with in terms of it happening in this fashion.

[The Chair, Conservative, Norman Doyle]

We're eating into Mr. Komarnicki's time here. Is it really necessary that we do that?

Okay.

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

Ms. Jackman, I gather you're a--

[The Chair, Conservative, Norman Doyle]

On a point of order, Mr. Bevilacqua.

[Maurizio Bevilacqua, Liberal, Vaughan, ON]

In fairness to Mr. Waldman, prior to beginning his presentation, he stated to you and to committee members that he would not be able to stay past--I thought it was 4:30--4:20 or something like that. He had a meeting at 4:30. That's what he said. So in fairness, if we had any concerns, we should have stated them to him directly while he was here.

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

We should have regulated the time better than the seven minutes.

[The Chair, Conservative, Norman Doyle]

I'm going to begin your time now, Mr. Komarnicki. You have seven minutes.

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

Ms. Jackman, I gather you're a lawyer and have a legal background and have gone through Bill C-50 itself?

[Barbara Jackman]

Yes.

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

Would you confirm for me that Bill C-50 itself does not relate to refugees or protected persons, either in Canada or outside of Canada? Would you confirm that fact?

[Barbara Jackman]

No, it doesn't address them specifically, but they will make applications under those provisions that are in Bill C-50.

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

But I heard today from a previous counsel that the relevant provisions of Bill C-50 that relate to prioritizing or categorizing do not apply to refugees and protected persons. Are you saying that Bill C-50 does apply to refugees and protected persons in any fashion?

[Barbara Jackman]

Of course it does.

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

Okay, tell me how you say it does.

[Barbara Jackman]

If you're a refugee in Canada and wish to bring your spouse or your children to Canada, and they are not members of the family class because you didn't declare them when you came into the country, for example—but we're not going to remove you—you'd have to do a humanitarian and compassionate application. They're covered by it.

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

But I'm talking specifically to the refugee himself or herself. I'm not talking about them making an application for a sponsorship of somebody outside of Canada. I'm talking about them—the refugee who is applying in Canada, or the refugee himself or herself applying out of Canada. Does this specific legislation apply to them...?

I would ask the honourable member to wait until it is his turn to question, if he wishes, because he's interrupting and interfering, and I'd prefer he didn't.

[The Chair, Conservative, Norman Doyle]

Order, please.

[Barbara Jackman]

There is nothing in this legislation, in the amendments, that would say that the minister couldn't put refugees to the bottom of the line in terms of prioritizing.

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

And which provision of Bill C-50 says that?

[Barbara Jackman]

It's in proposed section 87.3, I think. I'd have to go back and look at the bill, actually. It specifically excludes sponsorship applications and temporary residence permits--

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

I'm not talking about sponsorships or temporary resident permits. I'm talking about the refugee application itself. I understood previous counsel to say that it didn't apply to refugees themselves.

[Barbara Jackman]

No, it doesn't, you're right, in the sense that it doesn't apply to establishing categories for refugees; it does with all related refugee stuff.

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

Okay. I'm talking about the refugees. So you'd agree with me on that now, would you?