Evidence of meeting #45 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 changes.
A recording is available from Parliament.
Liberal
Jim Karygiannis Liberal Scarborough—Agincourt, ON
Point of order, Mr. Chair. Would Mr. Komarnicki let the witness—
Conservative
The Chair Conservative Norman Doyle
Order, please. Let the chair do his job. I was just about to interrupt and tell Mr. Komarnicki to let the witness elaborate a little bit.
Conservative
Ed Komarnicki Conservative Souris—Moose Mountain, SK
Never mind elaborating, I'd like an answer to my question.
Lawyer, Lim Mangalji Law Group, Status Now! - Campaign in Defense of Undocumented Immigrants
I'd like to answer your question.
Conservative
The Chair Conservative Norman Doyle
Order, please. I'll stop the clock if members persist.
Mr. Komarnicki, what was your question to Ms. Lim?
Conservative
Ed Komarnicki Conservative Souris—Moose Mountain, SK
Can the application be made, and can it be considered on the merits if the minister chooses to?
Lawyer, Lim Mangalji Law Group, Status Now! - Campaign in Defense of Undocumented Immigrants
Yes, it can.
However, when you change the “shall” examine, in section 25, to “may” examine, you are essentially giving the officer the power to not even look at it. So if someone says they have merit to their application, the officer says, “You know what, I don't even need to listen to the merits of your application”. That is the difference between an applicant submitting the application to the minister and the minister “may” grant on the merits of the case, and the minister not looking at the application.
Conservative
Ed Komarnicki Conservative Souris—Moose Mountain, SK
Mr. Ben-Ami, the legislation, as I read it, indicates that the instruction must be published in the Canada Gazette. Is that your understanding?
Conservative
Ed Komarnicki Conservative Souris—Moose Mountain, SK
And the instruction--that's what I'm speaking about now, not this legislation--must be reported in the report to Parliament on an annual basis. Do you understand that as well?
President, Canadian Centre for Policy Studies
That is my understanding, yes.
Conservative
Ed Komarnicki Conservative Souris—Moose Mountain, SK
The minister indicated that before an instruction issues there would be extensive consultation with the provinces, territories, the stakeholders. Would you expect that normally to flow from what you see in the legislation?
President, Canadian Centre for Policy Studies
I would expect that. I know that's what the minister has said. And I would expect that from any minister, regardless of political party, on any policy issue.
Conservative
Ed Komarnicki Conservative Souris—Moose Mountain, SK
If you wanted to have a system that is flexible and responsive to the economic needs of the country, would you think the instruction would be a more flexible way of proceeding than by way of regulation or legislation?
Conservative
Ed Komarnicki Conservative Souris—Moose Mountain, SK
I'll pass my time to the Bloc to finish off if they feel they were shorted in some way on this whole exercise. They can have my 20 seconds.
Conservative
Ed Komarnicki Conservative Souris—Moose Mountain, SK
No, not to Jim. I don't need anyone to give anything to Jim.
Conservative
The Chair Conservative Norman Doyle
Order, please. The time is up.
It's a moot point, whatever point it is that you're making.
Mr. Telegdi.
Liberal
Andrew Telegdi Liberal Kitchener—Waterloo, ON
I just want to thank Mr. Ben-Ami, being the top operator for Stockwell Day--
Conservative
The Chair Conservative Norman Doyle
Order, please.
I want to say thank you to the witnesses. That's the chair's job to thank the witnesses and to say we will be preparing a report.
We thank you for your input. And I apologize for the conduct of the committee today.
The meeting is suspended.