Evidence of meeting #43 for Citizenship and Immigration in the 41st Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was sims.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Jennifer Irish  Director, Asylum Policy and Programs, Department of Citizenship and Immigration

3:30 p.m.

Conservative

The Chair Conservative David Tilson

Ladies and gentlemen, we're going to reconvene.

I understand there's probably going to be a vote, and there will be 30-minute bells.

What do we do? Do we continue on? We had a deal for the rest. Do we forget that, Mr. Dykstra?

May 9th, 2012 / 3:30 p.m.

Conservative

Rick Dykstra Conservative St. Catharines, ON

I've had a chance to speak with Mr. Lamoureux and with Ms. Sims, and I think we have some agreement that if we continue to work as well as we have getting through this, we may potentially not have to come back after the vote this evening.

3:30 p.m.

Conservative

The Chair Conservative David Tilson

No. I'm thinking about right now, because the bells are going to ring sometime. We're going to have a vote.

3:30 p.m.

Conservative

Rick Dykstra Conservative St. Catharines, ON

Well, should we just get started?

3:30 p.m.

Some hon. members

Yes.

3:30 p.m.

Conservative

The Chair Conservative David Tilson

Okay, so there's no comment on that.

3:30 p.m.

Conservative

Rick Dykstra Conservative St. Catharines, ON

One clause for the record.

3:30 p.m.

Conservative

The Chair Conservative David Tilson

We're going to proceed. You realize you don't have enough votes. That means it's tied.

3:30 p.m.

An hon. member

It's time to go.

3:30 p.m.

Conservative

Rick Dykstra Conservative St. Catharines, ON

Well, we do actually, Chair.

3:30 p.m.

Conservative

The Chair Conservative David Tilson

If we're going to continue for a few minutes, I need unanimous consent. Do I have unanimous consent?

3:30 p.m.

Some hon. members

No.

3:30 p.m.

Conservative

The Chair Conservative David Tilson

I guess we suspend until the vote is over.

Does anyone else have anything to say?

It's done.

6:55 p.m.

Conservative

The Chair Conservative David Tilson

We will call the meeting to order and reconvene.

Ms. Sims.

6:55 p.m.

NDP

Jinny Sims NDP Newton—North Delta, BC

In the media there's a fair bit about some further amendments coming from the government side. If they are in writing, can we possibly have them? We gather from the media that they could be quite complex. It would give us a chance to take a look at them.

6:55 p.m.

Conservative

Rick Dykstra Conservative St. Catharines, ON

They're not complex, but if she would like them, I'll be happy to—

6:55 p.m.

Conservative

The Chair Conservative David Tilson

You assume they talk to me. That's the best you're going to get, I guess, Ms. Sims.

6:55 p.m.

NDP

Jinny Sims NDP Newton—North Delta, BC

Thank you.

6:55 p.m.

Conservative

The Chair Conservative David Tilson

We'll start with you, Ms. Sims, on amendment NDP-7. Please move it, if you're going to proceed with it.

(On clause 13)

6:55 p.m.

NDP

Jinny Sims NDP Newton—North Delta, BC

Yes. This amendment removes the bar on humanitarian and compassionate applications for 12 months and does not permit the minister to not examine and take a look at humanitarian and compassionate requests if the claim for refugee protection is pending before the RPD in circumstances where the claimant would be subject to risk to their life or where it is not in the best interest of a child.

6:55 p.m.

Conservative

The Chair Conservative David Tilson

Is there further debate?

Ms. Sitsabaiesan.

6:55 p.m.

NDP

Rathika Sitsabaiesan NDP Scarborough—Rouge River, ON

Thank you, Mr. Chair.

This amendment, as my colleague has said, removes the bar on the H and C application for 12 months. It does not permit the minister to not examine the H and C request if the claim for refugee protection is pending before the RPD in circumstances where that claimant would be subject to risk to their life or where it's not in the best interest of a child.

Removing the bar for consideration of H and C applications is a safeguard, as I mentioned in the previous amendment, to ensure safety in Canada for those who experience unusual or disproportionate levels of hardship. For example, this could be for a woman and her children who don't have protection in their home country and are fleeing a situation of domestic violence, or any individual fleeing discrimination, harassment, or assault in their home country.

It's already a difficult decision to make, and these applications are complex and take a long time. The difficult decision will be compounded by timelines that are far too tight. Applicants should be able to provide a full picture of their situation, and this amendment will allow risk and hardship to be considered while they're in Canada.

(Amendment negatived)

6:55 p.m.

Conservative

The Chair Conservative David Tilson

Next is amendment G-2.

Mr. Dykstra.

6:55 p.m.

Conservative

Rick Dykstra Conservative St. Catharines, ON

Thank you, Mr. Chair.

This is fairly straightforward. Perhaps I'll let Ms. Irish take us through the purpose, but it is a technical clarification that we'd like to make to subsection 25(1.2).

7 p.m.

Jennifer Irish Director, Asylum Policy and Programs, Department of Citizenship and Immigration

Thank you, Mr. Chairperson.

I believe this one was inadvertently presented along with the last technical amendment. For clarification, it makes it clear in legislation that it's the last risk decision that provokes the bar on H and C. That could be either the RPD for DCO claimants or the Refugee Appeal Division for those claimants who have access to that level.

Thank you.

(Amendment agreed to [See Minutes of Proceedings])