I only got notice of this on Thursday, so I did what I could to get prepared for the time we have together this afternoon.
Obvioiusly it's clear to all of us that we need robust laws, we need.... Unfortunately, we've come to a point in our history in this country where we need to criminalize the provision of immigration advice by those who are unauthorized to do so.
Twenty-five years ago I didn't think I'd be saying that, but it's obvious and clear to me now--and perhaps to everyone at this table and outside this room--that it's now required. Without it.... Obviously a second part of that is we need a very robust organization to be the watchdog for those immigration consultants who do become authorized.
I have a list of eight recommendations in my brief and I just want to touch on them in the limited time that I have, very quickly.
First of all, I take issue with the name of the legislation. This is not just a question of cracking down on crooked immigration consultants. If it were only that, we would be dealing with a far more robust piece of legislation. What we're dealing with in Bill C-35 are those who are unauthorized, and criminalizing their conduct.
So I recommend a name change, and I think this committee should look very carefully at that. Although there are headlines in the proposed name, I don't think it really accurately describes what this piece of legislation is doing.
Second, putting a five-year limitation period on the investigation, charge, and prosecution of offences that are chosen by election to be summary conviction offences I think is wrong. If we want robust legislation that's going to deter those who would be inclined to practise unauthorized practice in immigration law, it should be open-ended. Why put a five-year limitation clause on it? I just don't see the public policy behind it. If the objective of this legislation is to deter criminal conduct, then it should be forever over the heads of those who engage in it.
Third, I obviously--like all--want to see a new watchdog. It must be robust, independent, arm's length from the government. It must be professional. It must be fully staffed and resourced. The panel before us and others have commented before this committee on the ineffective nature of that watchdog organization, and a lot needs to be done to approve one that's going to be better resourced.
Fourth, I like the authority given to the cabinet to make regulations requiring the watchdog to give the minister information. That's of particular interest because it has the power beyond the minister, and that's often important to have. It was lacking in the last piece of legislation. It was lacking in the last watchdog, and privacy was I think given as the shadow, the reason why things couldn't be shared with the minister. So I like that.
I have some other comments, though, about what needs to be done to resource this properly. It's not in the legislation, it probably can't be, but our overseas and Canadian-based officers need tools to detect and monitor fraud. It's not enough just to criminalize it; there has to be an enforcement opportunity. Training is needed, sophisticated tracking, and audit software. There needs to be an investment by the Canadian government in those tools.
Sixth, I think the bill should contain a provision that requires everyone seeking status or renewed status in Canada to disclose the use of a representative. That was the recommendation—I think it's number five—in the June 2008 standing committee's review of the problems of the past, and I believe that should be in this bill now. So I think everyone seeking some kind of status in Canada who files an application must be required to disclose that they use a representative.
Seventh, there has to be an investment in public awareness. A media campaign and government website updates must be undertaken to warn the public of the risks and of the criminality of both using unregistered consultants and committing immigration fraud.
Finally, number eight, there needs to be encouragement and even in appropriate cases immunity from prosecution for those who've been duped, for those who have themselves committed fraud, and for employees of unscrupulous consultants to come forward with their evidence against bogus consultants.
Thank you very much. It's been a privilege and an honour to be invited to share my thoughts with you.