Thank you, Mr. Chair.
I would like to thank the committee for inviting me to appear. The last time I recall attending a House of Commons committee meeting was when my father served as a member of Parliament. It is humbling to contribute to the work you do in service to our country.
In my view, while not perfect, there are portions of Bill C-43 that deserve support, portions that should be amended to reflect greater fairness, portions that should be eliminated, and portions that members of Parliament should turn their minds to for their study.
The portion of the bill that deserves support is the provision that eliminates the right of permanent residents to appeal removals to the immigration appeal division for sentences of six months or more in prison. While some argue that this would unfairly penalize long-term permanent residents who may be deported for their actions, what is missed in this argument is that the permanent residents who face deportation are criminals. It should be stated that these individuals are not alleged criminals; they are not accused; they are not innocent. They have been convicted of a crime in a court of law.
Members of Parliament should keep in mind that to be found guilty of a crime, an individual not only has to commit a criminal act but also must have knowledge of what he or she is doing. Unless this combination of factors is found, there is no crime. Members of Parliament should also keep in mind that criminals could avoid deportation by simply being law-abiding. The Criminal Code of Canada is designed to codify what we Canadians view as criminal behaviour. These individuals have chosen the path of criminal behaviour.
In addition, these criminals were given due process as required by our court system. Members of Parliament should keep in mind that these criminals were initially presumed innocent. They were given the rights under the charter to defend themselves in a court of law and were found guilty by a jury or a judge. They lost their appeals, if they wished to file appeals.
Furthermore, we are not talking about criminals who have received only alternative sentences, fines, or probation. We are talking about criminals who have not only been sentenced to jail, but have been sentenced to at least six months in jail.
Nor are we talking about criminals who did not have the ability to argue their immigration status at the time of sentencing. There are numerous court decisions, including decisions from the courts of appeal in Ontario, B.C., Manitoba, Alberta, the Northwest Territories, and Nova Scotia, that mention immigration consequences as a relevant factor in sentencing.
For these reasons, to say that convicted criminals have not had their day in court is inaccurate.
As members of Parliament know, before a criminal is sentenced, judges must take into account certain principles. These principles are set out in section 718 of the Criminal Code. Under the Criminal Code, judges must take into account the possibility of rehabilitation and mitigating circumstances.
In fact, the Criminal Code specifically states that “an offender should not be deprived of liberty, if less restrictive sanctions may be appropriate”. It also states that “all available sanctions other than imprisonment that are reasonable in the circumstances should be considered for all offenders”.
Permanent residents who commit crimes, like Canadian citizens who commit crimes, know the crimes they are committing.
One portion of the bill that requires amendment, though, is the five-year bar that will be imposed on a foreign national for misrepresentation. Unlike with the criminal provisions, the misrepresentation bar can penalize the innocent. Under the law, the general rule is that an immigration misrepresentation can occur without an applicant's knowledge. In fact, misrepresentations have been found when the applicant is the victim of shady representatives who have acted without the applicant's knowledge. In these cases, Bill C-43 would penalize the innocent.
A simple amendment to Bill C-43 that would result in the bar of misrepresentation applying only to misrepresentations made knowingly would be fairer and more consistent with Canadian values.
The portion of Bill C-43 that should be removed is the section that would allow the minister to deny entry to temporary residents on the basis of public policy. This section is troubling in that the ministerial discretion opens up the possibility of decisions being made without clearer criteria. Canadians are entitled to know what actions could cause a person to be barred from coming to Canada.
In the departmental backgrounder that was published in June, the department cited the example where the minister could bar from entering Canada a foreign national who would promote violence against a religious group. If promoting violence is criminal, these individuals, when they enter Canada, should be arrested and should be charged. However, the decision on arrest should not be made by a political actor but by the professionals in the judicial system such as police and crown attorneys.
If the conduct of a foreign national is criminal, he or she should be arrested in Canada. If not, he or she should not be prevented from entering Canada.
The last aspect I would like to touch on are the parts of Bill C-43 that deal with employer compliance. I realize that clause 37 deals only with the ability to create regulations with respect to foreign workers and their employers, among others. I also realize that before these regulations are enacted, Canadians will have the ability to comment on these proposed regulations.
However, members of Parliament should be giving thought as to what sorts of conditions should be imposed on employers of foreign workers and the penalties for non-compliance. Over 180,000 foreign workers are in the country at any point in time. This is a large component of the workforce, and certainty is needed for both employers and employees. As a result, before enacting such regulations, widespread consultation with business, labour, and other groups will be necessary.
Thank you, Mr. Chair. I am open to questions from members.