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

5:05 p.m.

Chair, Canadian Society of Immigration Consultants

John P. Ryan

I take issue with the fact that--

5:05 p.m.

NDP

Olivia Chow NDP Trinity—Spadina, ON

I'm sorry, I was asking Mr. Creates the question.

5:05 p.m.

Chair, Canadian Society of Immigration Consultants

John P. Ryan

Are you directing the question?

5:05 p.m.

NDP

Olivia Chow NDP Trinity—Spadina, ON

Yes.

5:05 p.m.

Chair, Canadian Society of Immigration Consultants

John P. Ryan

I would like to respond to that.

5:05 p.m.

NDP

Olivia Chow NDP Trinity—Spadina, ON

I would like to direct the question, as I'm the questioner.

5:05 p.m.

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

Warren Creates

My answer is going to be consistent with Lorne Waldman's answer to a similar question, which is that the backlog grew so big and got so out of control and became so expensive to manage that....

The government has for years been criticized by every opposition party, every practitioner, every intending immigrant or family member who wanted to be reunited--industry sectors and so on. They had to do something. But they've used a very draconian piece of legislation, which we're unaccustomed to in Canada, to centralize a lot of power in the minister and his or her officials to achieve something that's very totalitarian, that concentrates power outside the scope of Parliament and accountability by stakeholders like us.

It's just beyond the pale, really, is what it comes to. Why? Because they think they can get away with it in a budget.

5:05 p.m.

Immigration Lawyer, As an Individual

David Cohen

It's a political decision that's being played out on the backs of immigrants. It's clear.

The government knows that the newly arriving immigrant community has traditionally been a constituency of the Liberal Party, and they're daring the Liberals to vote against it. That's what this is really about. It's shameful, because it's being played out primarily on the backs of people who are outside of Canada and really don't vote on the matter, and on people who are newly arrived in Canada. These are the people who will suffer for what's being played out as a political game, if you will.

5:05 p.m.

Conservative

The Chair Conservative Norman Doyle

Mr. Ryan, you had a comment.

5:05 p.m.

Chair, Canadian Society of Immigration Consultants

John P. Ryan

Thank you, Mr. Chair.

I think in fairness, this backlog--or fore-log, whatever you want to call it--has been around as long as I have been around. The last government tried to deal with it using pools and streams, which was the effort that essentially brought in many of the measures before you today. Similar things were considered.

The fact of the matter is that from our perspective, the Government of Canada has to have the ability to manage its inventory, manage the number of people coming to Canada. There's a finite number of people who can come into the country. We agree with the minister on that point.

We are very concerned that those individuals.... And I've seen them personally, having worked for nine years in Beijing. Day in and day out, these people came in and out of my office complaining that they couldn't get answers from the embassy, using me as a representative. They couldn't get answers from the embassy. They were being victimized by rogue agents and rogue consultants in China, India, and other places in the world, simply because of the inefficient system we have here.

The Australians and New Zealanders have made changes. The U.K. persons are about to make similar changes to--

5:10 p.m.

NDP

Olivia Chow NDP Trinity—Spadina, ON

But how does this bill actually deal with inefficiencies and making it more productive?

5:10 p.m.

Conservative

The Chair Conservative Norman Doyle

The last comment will go to Mr. Ryan.

5:10 p.m.

Chair, Canadian Society of Immigration Consultants

John P. Ryan

By creating efficiencies through amending the process, it will allow us to get at that backlog. That's my opinion.

5:10 p.m.

Conservative

The Chair Conservative Norman Doyle

Thank you.

Mr. Komarnicki, seven minutes, please.

May 12th, 2008 / 5:10 p.m.

Conservative

Ed Komarnicki Conservative Souris—Moose Mountain, SK

Thank you, Mr. Chair.

I appreciate the comments that have been made.

Mr. Creates, would you agree with me that the legislation, Bill C-50, relating to the immigration portion will have to stand the test of the charter--it will either be charter-compliant or not--but that in order to be effective, it would need to be charter-compliant? Would you agree with that?

5:10 p.m.

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

Warren Creates

Is the question to me?

5:10 p.m.

Conservative

Ed Komarnicki Conservative Souris—Moose Mountain, SK

Yes.

5:10 p.m.

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

Warren Creates

Every piece of legislation passed by this House, as well as provincial legislation, is made subject to the charter.

5:10 p.m.

Conservative

Ed Komarnicki Conservative Souris—Moose Mountain, SK

Right, so it's going to pass that test.

The second thing is that this provides....

5:10 p.m.

Conservative

The Chair Conservative Norman Doyle

Order, please. Please don't interrupt.

5:10 p.m.

Conservative

Ed Komarnicki Conservative Souris—Moose Mountain, SK

I'm asking the questions. Mr. Karygiannis can wait his turn.

This piece of legislation doesn't provide instruction; it provides the authority for instruction to issue. Would you agree?

5:10 p.m.

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

Warren Creates

That's correct.

5:10 p.m.

Conservative

Ed Komarnicki Conservative Souris—Moose Mountain, SK

Would you agree with me that the instruction itself, once it issues, would need to be charter-compliant to be effective?

5:10 p.m.

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

Warren Creates

That I don't know. That I don't know.

5:10 p.m.

Conservative

Ed Komarnicki Conservative Souris—Moose Mountain, SK

In other words, as a lawyer--