Mr. Chairman, ladies and gentlemen, first I want to thank you for your invitation. My name is Catherine Dagenais, and I am a lawyer with the research and legislation service of the Barreau du Québec. The Barreau du Québec has slightly more than 23,000 members. It main mandate is to protect the public. It carries out that mandate by ensuring, in particular, compliance with the rule of law, the continued separation of powers, the promotion of equality for everyone before the law and protecting the often precarious balance between citizens' rights and the powers of the state.
As a lawyer in the research and legislation service of the Barreau du Québec, I coordinate the business of the advisory committee on immigration and citizenship law of the Barreau du Québec, which consists of some 10 immigration and citizenship law practitioners. The committee analyses various immigration issues and has been given the mandate to examine Bill C-11.
I am here today with Ms. France Houle, member of the advisory committee on immigration and citizenship law of the Barreau du Québec. Ms. Houle was admitted to the Barreau du Québec in 1989. She is a professor at the law faculty of the Université de Montréal, where she teaches administrative and immigration law.
The Barreau du Québec's comments today concern Bill C-11. I will briefly outline the Barreau du Québec's position, which was developed in our letter of May 7. My colleague will be able to add any relevant information and answer your questions.
The Barreau du Québec is pleased with the significant effort that is being made in an attempt to find a balance between faster and equitable treatment of refugees. It is pleased with the implementation of an appeal mechanism for refugees. The Barreau du Québec had been calling for a genuine appeal mechanism for some time. This Refugee Appeal Division will have the advantage of developing expertise and a body of case law. However, some factors must be reviewed in order to prevent harmful effects on a vulnerable population.
The Barreau du Québec is particularly concerned about certain time periods proposed in this bill. The Barreau du Québec therefore proposes four weeks instead of eight days for the information gathering process. It also suggests a period of four months before the first hearing in the Refugee Protection Division. Refugees must be allowed time to find competent lawyers, to obtain evidence from their country of origin and to approach legal aid.
A competent lawyer handling the case will facilitate the processing of that case. These lawyers need time to prepare, to provide good advice and to represent their clients. Adequate preparation is therefore necessary from the outset. In addition, if there are deficiencies in the first hearing, the entire system risks going off the rails. The IRB's resources must therefore be cautiously used, avoiding numerous postponements.
According to the bill, first-level decisions would be made by officials. The Barreau du Quebec believes that the positions should be offered to everyone, both members of the public and people working in the various departments. Care must also be taken to ensure the independence and impartiality of the proposed first-line decision-makers.
Another major concern for the Barreau du Québec is the designated countries of origin and the possibility that the minister may designate countries whose nationals would not have access to appeal. The country-related criterion is shocking with regard to access to justice and equality for everyone before the law. The Barreau du Québec is opposed to this two-level appeal system.
Furthermore, if this solution must be considered, we must at the very least ensure that there are guarantees and a fair and transparent process for designating those countries. The committee must include independent experts with considerable expertise in human rights and humanitarian law, as well as public representatives.
In addition, and this point is important, the criteria shaping this process of designating safe countries should be clearly set out in a statutory instrument, not by order or regulation. These criteria should also be subject to comment.
As regards the appeal mechanism, the Barreau du Québec notes that appointments to the Refugee Appeal Division would be made by cabinet. The Barreau du Québec repeats that all political appointments must be avoided and that emphasis should be on competence in order for the proposed reform to work. In its letter, it suggests an appointment process that we invite you to consider. I would now ask Ms. Houle to talk about the suggested process.