Evidence of meeting #64 for Citizenship and Immigration in the 41st Parliament, 1st Session. (The original version is on Parliament’s site.) The winning word was division.
A video is available from Parliament.
Conservative
The Chair Conservative David Tilson
Good afternoon. This is the Standing Committee on Citizenship and Immigration, meeting number 64. This meeting is televised. We're continuing the clause-by-clause study of Bill C-43.
We have our guests from the department who were here at the last meeting. Thank you again, ladies and gentlemen, for coming to help us and to answer some of our questions.
We have finished clause 17, so we are now on clause 18, and Liberal amendment LIB-8.
Go ahead, Mr. Lamoureux.
Liberal
Kevin Lamoureux Liberal Winnipeg North, MB
Thank you, Mr. Chair.
I move that Bill C-43, in clause 18, be amended by replacing line 29 on page 5 to line 7 on page 6 with the following:
42.1. The Minister may, on application by a foreign national, declare, within 90 days following the receipt by the Minister of the application, that the matters referred to in sections 34, 35, and 37 do not constitute inadmissibility in respect of the foreign national if they satisfy the Minister that it is not contrary to the national interest.
Mr. Chair, just for clarification purposes, foreign nationals found to be inadmissible under sections 34, 35, and 37 should be allowed to apply for ministerial relief, given the bar to making an application on humanitarian and compassionate grounds. H and C applications do not delay someone's removal from Canada. Further, this amendment gives the minister 90 days to render a decision.
In his testimony, Angus Grant said that the decisions are not made in a timely fashion with regard to a request for ministerial relief. In fact, he said that these cases sit for several years and sometimes even a decade before a decision is rendered. Therefore, we believe that a timeline from the minister to render a decision is necessary in order for the ministerial relief provisions to function properly.
To be clear, we are not saying that all those inadmissible under sections 34, 35, and 37 should be granted admissibility, but that, because they have no recourse through H and C grounds, they should have a final step to seek admissibility through a ministerial relief. Many witnesses spoke of how broadly sections 34, 35, and 37 are interpreted, and how individuals with very low-level involvement are caught.
This amendment is simply a final step where ultimately the minister makes the final decision on a case.
Conservative
NDP
Jinny Sims NDP Newton—North Delta, BC
I have a simple question. The word “their” in your amendment I'm presuming refers to the permanent resident or foreign national rather than the office.
NDP
Jinny Sims NDP Newton—North Delta, BC
The words, “...prescribed conditions on the person, taking into account their needs and public safety.”
I apologize.
Conservative
Liberal
Conservative
The Chair Conservative David Tilson
Yes, Mr. Lamoureux.
(Amendment negatived: nays 6; yeas 5)
Shall clause 18 carry?
(Clause 18 agreed to on division)
(On clause 19)
On clause 19, we have Liberal amendment LIB-9.
Liberal
Kevin Lamoureux Liberal Winnipeg North, MB
Mr. Chairperson, I will be a little quicker on this one. I move that Bill C-43 in clause 19 be amended by replacing line 15 on page 6 with the following:
prescribed conditions on the person, taking into account their needs and public safety.
These changes would ensure that the needs of a foreign national and public safety are taken into consideration when applying conditions rather than implementing minimum conditions. Some individuals may have a mental or physical issue that should be considered and that may affect the type of condition required.
NDP
Jinny Sims NDP Newton—North Delta, BC
My question is the one that I asked earlier. I just want to make sure that the word “their” in this case is referring to the permanent resident or foreign national, and not to the office.
November 28th, 2012 / 3:35 p.m.
Conservative
Conservative
NDP
Mylène Freeman NDP Argenteuil—Papineau—Mirabel, QC
Mr. Chair, did we miss the vote on clause 18 itself, or did I just zone out? Okay. Sorry about that.
Liberal
Kevin Lamoureux Liberal Winnipeg North, MB
On division.
(Clause 19 agreed to on division)
(Clauses 20 and 21 agreed to)
NDP
Jinny Sims NDP Newton—North Delta, BC
Chair, just for clarification, what was the answer regarding clause 18? Has that been voted on?
Conservative
The Chair Conservative David Tilson
We've carried clauses 20 and 21.
(On clause 22)
We're on amendment LIB-10 on clause 22.
