Citizenship and Immigration Committee on April 30th, 2012

[Rathika Sitsabaiesan, NDP, Scarborough—Rouge River, ON]

Why does he say that it's a privilege to not be detained when non-discriminatory mobility and liberty rights are enshrined in the Refugee Convention and the Convention on the Rights of the Child? Once again, it's going back to people coming in groups.

[Les Linklater]

I think, as Mr. Hill explained, the grounds for detention are not going to change with Bill C-31. Individuals will be subject to detention if there are issues related to establishing their identity, if they pose a risk to Canada or Canadians through criminality or security, or if they pose a flight risk. I think it's important to underline that individuals, who may be part of a designated mass arrival, if they are able to help cooperate with CBSA and the RCMP to establish their identity and they don't pose a risk to the public, would be released from detention.

[Rathika Sitsabaiesan, NDP, Scarborough—Rouge River, ON]

Okay.

I'm going to switch gears a little then because we're getting the same answer. In the bill, are you aware that clause 19 could throw into question the permanent residency of thousands of people in Canada, and if that was not the intent of the clause, how will you enforce this provision?

[Les Linklater]

I think as the minister said when he appeared on Thursday, the intention is certainly not to leave this prospect of individuals losing permanent resident status if their country conditions change over time.

The minister also said he was open to constructive input around potential amendments to clarify that provision, because certainly, it's not the intent that individuals would be punished due to circumstances that are beyond their control.

What Clause 19 is really about is ensuring that those individuals who, after receiving protected person status and/or permanent resident status in Canada, then return of their own volition to their country of alleged persecution are responsible, themselves, for essentially spurning the protection status that Canada has provided them.

That's the intention of clause 19. It's certainly not to be a punishment for individuals who, after having been in Canada for a number of years, see the conditions in their country of origin change to a point where they can travel back freely, as Canadian permanent residents or citizens.

Certainly there is an openness to look at clarifying that clause.

[Rathika Sitsabaiesan, NDP, Scarborough—Rouge River, ON]

It seems a little odd to me. I came to this country as a permanent resident and for people to come as asylum-seekers and be granted permanent residency to start a life and then if the conditions in their home country change, they're expected to leave. I don't understand how that could be fair. Could you comment on that?

[Les Linklater]

I think as the minister and I have both stated before the committee that if there is an opportunity to clarify the intent of clause 19 through clause-by-clause, the government would be happy to look at further clarification to ensure that this type of situation doesn't occur for individuals who have permanent resident status.

[The Chair, Conservative, David Tilson]

Thank you.

Mr. Opitz, you have about two minutes.

[Ted Opitz, Conservative, Etobicoke Centre, ON]

Thank you, Mr. Chair.

Quickly, and I think it's for Mr. MacDonald, how can we share information critical to determining who a person is, or what their status is, if we don't have effective information-sharing agreements with other countries? Can you comment on that? If we didn't have any proper procedures in place to share information, what would the impacts be?

[Michael MacDonald]

We need to have the proper channels and tightly prescribed limits on where you can share, what type of information you can share, and with whom you can share. The sharing of information in a CBSA, law enforcement, or security context is extremely crucial to efforts, but it must also be very carefully crafted, monitored, and done with utmost seriousness.

[Ted Opitz, Conservative, Etobicoke Centre, ON]

I'm going to turn to the RCMP, because I don't want to leave you out of this.

That says colonel to me, but it's staff inspector, right?

[C/Supt Joe Oliver, Director General, Border Integrity, Royal Canadian Mounted Police]

No, it is chief superintendent.

[Ted Opitz, Conservative, Etobicoke Centre, ON]

My apologies.

Tell us who human smugglers are. What are their impacts on the people, and how do they attract people?

[C/Supt Joe Oliver]

Human smuggling is a global problem that is controlled by organized crime. Our experience has demonstrated that human smuggling involves a network of networks. Globally placed individuals seeking to enter into Canada can be recruited through a number of facets. When we talk about a human smuggling organization and a human smuggling venture, particularly by sea, it's a very complex venture. It involves very significant logistics in acquiring a vessel, provisioning a vessel, and so forth. It involves a financing component that is often criminal in nature. It involves the recruitment of passengers, the housing of those passengers—

[Ted Opitz, Conservative, Etobicoke Centre, ON]

I have half a minute.

[The Chair, Conservative, David Tilson]

You don't even have that. You're out of time.

Well, you have 30 seconds.

[Ted Opitz, Conservative, Etobicoke Centre, ON]

What is the impact on the people, particularly the women, who are trafficked? What happens to them?

[C/Supt Joe Oliver]

I must distinguish between human smuggling and human trafficking. Human smuggling involves an arrangement where someone pays for passage. Human trafficking is where people are coerced and forced for either sexual or labour exploitation.

In some cases it can transition from human smuggling to human trafficking, when individuals who are smuggled are indebted to criminal organizations and still owe a debt. Sometimes that involves being exploited in order to pay off that debt, or being employed in a criminal enterprise to work down the debt.

[The Chair, Conservative, David Tilson]

Thank you, Mr. Opitz.

Mr. Linklater, Mr. Hill, and other witnesses, thank you for coming this morning. Your evidence has been quite helpful to the committee. We will suspend for five minutes.

[The Chair, Conservative, David Tilson]

Thank you very much. We will reconvene the meeting. The next portion of the meeting is on biometrics, I believe.

Mr. Linklater, welcome back. You're a man for all seasons. You're the assistant deputy minister of strategic and program policy.

Mr. Desruisseaux, you are the director general of the admissibility branch.

Marie Estabrooks, you are the manager of biometrics policy (programs and projects), emerging border programs with the Canada Border Services Agency. Good morning to you.

Finally, we have Chuck Walker of the Royal Canadian Mounted Police. He is the director general of the Canadian criminal real time identification services.

Thank you all for coming.

Mr. Linklater has up to 10 minutes.

[Les Linklater]

Thank you, Mr. Chair. I don't think I'll use all 10—

[The Chair, Conservative, David Tilson]

Then we'll have more time to ask questions.

[Les Linklater]

That's great.

Good morning again, Mr. Chair and members of the committee.

We are pleased to appear before you today to talk about Bill C-31 amendments related to the use of biometrics in Canada's immigration program.

I will first focus on the broad benefits of the use of biometrics followed by comments on the planned implementation of biometrics in CIC's temporary resident program.

Identity verification is central to the decisions taken by officials responsible for administering and enforcing the Immigration and Refugee Protection Act, IRPA, since accurately identifying a person is the fundamental element in effectively determining that person's admissibility. The challenge for Canadian immigration and border officials is to efficiently separate the thousands of mala fide cases from the millions of legitimate ones that we see each year. When doubts arise, time and resources are required to authenticate identity. When doubts are repeated at subsequent encounters of a traveller with immigration and border officials, additional time and resources may be required to re-authenticate identity.

Biometrics is a 21st-century identity management tool that can identify people based on an intrinsic physiological characteristic such as fingerprints. Unlike identity documents, biometric information is unique to each individual and cannot be easily forged.

Biometrics therefore helps supplement existing biographic information-based screening tools by significantly reducing the chance that one individual can pose as or be mistaken for another individual. Once biometric information such as fingerprints has been enrolled, the identity of that individual has been effectively fixed for as long as that information is retained.

Using biometrics will strengthen the integrity of Canada's immigration program by helping prevent known criminals, failed refugee claimants, and previous deportees from using a false identity to obtain a Canadian visa.

Biometrics will also help facilitate legitimate travel to Canada by providing a fast and reliable tool to help confirm identity. Furthermore, the use of biometrics will put Canada in line with most other western countries that are now using or preparing to use biometrics in their immigration and border management processes. These include the United Kingdom, Australia, the United States, New Zealand, and many countries in the European Union.

CIC is working in partnership with the agency and the RCMP to begin using biometrics in the temporary resident program. Starting in 2013, foreign nationals from certain visa-required countries and territories applying for a temporary resident visa, work or study permit will be required to provide biometric data to obtain a visa.

What we will do is take a fingerprint as well as a photo of all individuals applying from certain visa-required countries. The fingerprints that are collected will be sent to the RCMP for storage and will be checked against the fingerprint records of refugee claimants, previous deportees, criminals, and previous temporary resident applicants. The results of these checks will inform the visa decision-making process. At a port of entry, a border services officer will use the photo taken abroad to verify that the visa-holder is the same person to whom the visa is issued. Fingerprints will be verified at secondary inspection lines at the discretion of the border services officer. The use of biometrics means that these border officers will be able to make more confident decisions based on more accurate information.

Mr. Chair, I should note that CIC recognizes the importance of having the appropriate privacy safeguards in place to protect the biometric information collected under this initiative. We therefore continue to consult with the Office of the Privacy Commissioner to ensure that adequate privacy protection safeguards are in place for all aspects of the initiative.

Finally, with regard to the specific clauses found in Bill C-31, these would provide the necessary authorities for the collection and use of biometric information by allowing the government to:

(a) set in regulations which foreign nationals must provide biometrics, what information must be provided, and the procedures they must follow when making a temporary resident visa, work permit, or study permit application;

(b) set exemptions to those requirements in regulations, for example, for children, for the elderly, or diplomats;

(c) set regulations to facilitate the use of biometric information for Canadian law enforcement, and;

(d) exempt from the application of the User Fees Act the establishment of a biometrics fee.

The bill would also enhance the authority for CIC to provide services to the CBSA and to partner with other governments in providing services to applicants.

In closing, the collection and use of biometric information as supported by this legislation will strengthen the integrity of Canada's immigration program and facilitate legitimate travel, while at the same time protecting the privacy of applicants.

Thank you for your time. We will be pleased to answer any questions you may have.

[The Chair, Conservative, David Tilson]

Thank you.

Mr. Opitz.

[Ted Opitz, Conservative, Etobicoke Centre, ON]

Thank you, Mr. Chair.

Welcome to the new witnesses today. I think Mr. Linklater has his name permanently engraved on the chair he's in right now. He's been with us so often.

Thank you for appearing today and thank you for this discussion on biometrics, because it is hugely important. I know I went through a similar process recently when I got my NEXUS card, where they had to take an iris scan and my fingerprints. I didn't find it to be a particular problem, and it certainly facilitates my travel back and forth very quickly, which to me has been a tremendous convenience.

Mr. Linklater, you just mentioned in your opening comments that there's a secondary process as people come through the immigration line, so to speak, and that there is an opportunity for an officer to then check the biometrics.

Are they checked immediately each time or are they at the discretion of an officer?

[Les Linklater]

I may ask Ms. Estabrooks to supplement what I'm about to tell you, but essentially the collection overseas of the fingerprint and the taking of the photograph will lock in the identity of individuals as soon as they come into contact with Citizenship and Immigration overseas. The fingerprints will be sent to the RCMP for checks on previous infringements and whether or not there are matches with previous applicants. If there are no adverse concerns, then our officers will be able to issue the visa overseas.

At the port of entry though.... We've all been at Pearson, for example, when an international flight has come in. The volume of travellers—many of whom don't have a NEXUS card—are lined up in front of the BSOs to be examined for admission to Canada.

What we are foreseeing with this system is that the border services officer would verify the individual's face with the photograph that was taken overseas to match identity, and if there are no concerns during the examination, the individual would be waved on. If there are questions or if there are discrepancies, at that point the border services officer may refer the individual to secondary examination. At that point their fingerprints would be taken again and checked against the database.