Evidence of meeting #65 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 countries.

A video is available from Parliament.

On the agenda

MPs speaking

Also speaking

Les Linklater  Assistant Deputy Minister, Strategic and Program Policy, Department of Citizenship and Immigration
Geoffrey Leckey  Director General, Intelligence and Targeting Operations, Canada Border Services Agency
Peter Hill  Director General, Enforcement and Intelligence Programs, Canada Border Services Agency
Dawn Edlund  Associate Assistant Deputy Minister, Operations, Department of Citizenship and Immigration

3:50 p.m.

Conservative

The Chair Conservative David Tilson

Good afternoon, ladies and gentlemen.

This is the Standing Committee on Citizenship and Immigration, meeting number 65. This meeting is televised.

Pursuant to Standing Order 108(2), we are here to discuss a study of our security system, “Standing on Guard for Thee: Ensuring that Canada's Immigration System is Secure”, to which we have come back after a long hiatus.

We are winding down finally, and we have remarks from the department. We have met pretty well everybody here, so I won't go through it again.

Mr. Linklater, I understand you have a presentation of up to 10 minutes, if you could commence.

I thank you and your colleagues for coming.

3:50 p.m.

Les Linklater Assistant Deputy Minister, Strategic and Program Policy, Department of Citizenship and Immigration

Thank you, Mr. Chair.

Good afternoon, members of the committee.

My name is Les Linklater. I'm the assistant deputy minister of strategic and program policy at Citizenship and Immigration. I'm joined by my colleague, Dawn Edlund, who is the associate assistant deputy minister for operations; Peter Hill, who is the director general of enforcement at Canada Border Services Agency; and Geoff Leckey from the operations sector of the Canada Border Services Agency as well.

I would like to first thank the committee for providing CIC and CBSA with this opportunity once again to contribute to this important study.

When CIC officials last appeared to address this study, we spoke to some of the recent measures we have introduced to help safeguard the security and integrity of our immigration system.

Throughout the course of this study, concerns have been raised about two of our most significant initiatives—beyond the border, the Canada-United States Action Plan for Perimeter Security and Economic Competitiveness, and the use of biometrics.

In recognition of some of these concerns, I would like to speak about these two initiatives in more detail. Increasing application volumes, changing travel patterns, and a growing prevalence in sophistication of identity fraud pose significant challenges to maintaining the integrity of Canada's immigration system. The perimeter action plan and the use of biometrics in the temporary resident program are important initiatives that will increase our ability to address serious security concerns. At the same time, they will enable us to further facilitate the flow of legitimate travellers and trade across our borders.

Here's how.

Next year, we will begin using biometric technology to screen visitors from certain countries who require a visa. The use of biometrics, by way of photographs and fingerprints, will bolster Canada's existing measures to reduce immigration fraud.

The reason is that biometrics will help us to prevent known criminals, failed refugee claimants and previous deportees from using a false identity to unlawfully obtain a Canadian visa and enter our country under false pretenses.

The use of biometrics will also help us to facilitate legitimate travel.

It's a key challenge for any immigration program to identify applicants accurately each time they apply. For example, names can be changed; typing errors may be made; applicants may have similar names; or people can deliberately conceal their identity. Biometrics will help us modernize our visa services and give our visa officers greater certainty to confirm the identity of legitimate travellers to Canada.

Furthermore, collecting biometric information each time a person reapplies for a visa will make it easier and faster to confirm their identity. We anticipate that the use of biometrics will therefore lead to a quicker visa issuance process.

I would like to note that the Government of Canada has no plans to collect biometrics from Canadian citizens. Also, every applicant's privacy will be protected in accordance with Canada's Privacy Act. To ensure this, CIC has been working closely with the Privacy Commissioner and her office so that adequate privacy protection safeguards are in place to protect an applicant's personal information. In fact, at each stage of development of both biometrics and perimeter action plan initiatives, CIC has recognized the need to balance the safety and security of Canadians with individual privacy rights.

For example, CIC worked closely with the Office of the Privacy Commissioner during a biometrics field trial conducted between October 2006 and April 2007. During this field trial, CIC and the Canada Border Services Agency tested the use of biometrics in Hong Kong and Seattle, and at the Vancouver International Airport, the Douglas/Pacific Highway border crossing and Toronto's refugee processing centre. The field trial demonstrated that biometric information is highly effective in confirming identity, while ensuring applicants' privacy is protected.

The use of biometrics will put Canada in line with many other countries that are now using, or preparing to use, biometrics in immigration and border management. These include the United Kingdom, Australia, the United States, New Zealand, other countries in the European Union and Japan.

I would also like to remind the committee that the use of biometrics is not new in our immigration system. For example, CIC has collected fingerprints from refugee claimants, detainees and persons removed from Canada since 1993.

A challenge for our current immigration system is that some inadmissible individuals have been able to re-enter Canada using false identities. As I stated earlier, the use of biometrics will help prevent this scenario from happening in the future.

As part of the perimeter action plan, another screening tool we plan to implement by the spring of 2015 is the electronic travel authorization for nationals of visa-exempt countries, except for travellers from the U.S. We discussed this in the context of the review of Bill C-45 last week. As members are aware, this will establish a common Canada-U.S. approach to screening travellers prior to their departure for North America. Like the use of biometrics, this tool will help us to fulfill our goal of preventing inadmissible individuals from travelling to Canada while facilitating travel for low-risk travellers.

Once an application for an ETA has been submitted, a risk assessment will include queries against applicable databases. We anticipate that authorization will be received within minutes, in most cases, as this has been the experience already in the United States.

An important consideration is that the eTA may provide Canada with more flexibility to lift visa requirements, as it may deter inadmissible applicants from coming to Canada if they know that their information will be verified prior to travel. It is also expected to reduce the need for visas because it would focus on at-risk individuals, not countries or territories.

Also starting next year, we plan to have in place systematic biographic information sharing with the United States on immigration issues. This includes information on all temporary resident and immigration applications, inland asylum claimants, overseas resettled refugees and deportations. By 2014, we will build on this when we start sharing biometric information with the United States.

To date, we have had great success in sharing biometric information with our five country conference partners. For example, this has uncovered individuals who have used multiple identities, inconsistent immigration histories, and criminal records. This has demonstrated the value of increased information sharing, and we hope to continue this success by increasing our information sharing with the U.S.

CIC and CBSA will also share information with the U.S. on the entry and exit of travellers who cross our shared land borders. In support of this, CIC will establish a universal requirement for all individuals entering Canada to present approved travel documents.

I wish to assure the committee that Canada will retain its sovereignty in making admissibility decisions. I wish to also remind members that the U.S. will not have direct access to Canadian databases.

As with our other security measures, information sharing with the U.S. will help us to better detect fraud and improve public safety, through better detection of persons who have criminal histories or pose other risks to the public. It will also facilitate the flow of legitimate travel across our borders.

Once again, Mr. Chair, I wish to thank you for inviting me to appear today. I hope that my remarks have been helpful to the committee and I would be happy to answer any questions. Thank you.

4 p.m.

Conservative

The Chair Conservative David Tilson

They have been of help, Mr. Linklater. Thank you again for coming.

Ms. James is going to have some questions for you.

4 p.m.

Conservative

Roxanne James Conservative Scarborough Centre, ON

Thank you, Mr. Chair.

Thank you for appearing before our committee again as witnesses and officials.

When a previous witness, John Amble, appeared before this committee, he said:

...immigration and border control policies should form a mutually supportive relationship with the work of law enforcement agencies at all levels to provide the maximum degree of security against threats of homegrown terrorism.

That was a direct quote from that particular witness.

In your opening remarks you mentioned that CIC and CBSA share information with the U.S. on entry and exit of travellers. I know we're moving towards a system where we can share information with more countries than just the United States, but we also have to look at how we share information within our own departments.

I am going to ask for some information in reference to this particular issue. First and foremost, can you tell us about the relationship between other departments when it comes to information sharing? For example, does CIC share information with CBSA and Public Safety, and vice versa?

4 p.m.

Assistant Deputy Minister, Strategic and Program Policy, Department of Citizenship and Immigration

Les Linklater

The short answer is yes, we do share information between agencies. In fact, since the creation of the Border Services Agency in 2003, this has been essential to ensuring that Canada's security remains protected at all times and that we are making the appropriate decisions about the admissibility of individuals who apply to enter Canada.

CIC is the overseas front line in handling all applications for temporary resident visas. In certain cases, we make referrals to CBSA for onward analysis related to potential inadmissibilities. The CBSA, in turn, works with other security partners in providing a broader overview of security and criminality issues related to admissibility.

Perhaps I'll ask Mr. Hill or Mr. Leckey to expand on that.

4 p.m.

Geoffrey Leckey Director General, Intelligence and Targeting Operations, Canada Border Services Agency

Thank you, Les. I'll expand on your comments.

In the course of processing visa applications, we certainly do exchange information with our two closest security partners, the RCMP and CSIS. CBSA is the hub, if you like, of the security screening process. It's where the applications come, after referrals have been made from CIC. Then it's CBSA that's responsible for compiling information, which will include open-source and classified information, and information from RCMP and CSIS, and possibly other security partners relevant to the particular circumstances of the application.

CBSA then prepares either an admissibility report or an inadmissibility report.

4:05 p.m.

Conservative

Roxanne James Conservative Scarborough Centre, ON

Thank you.

You've indicated that we've been sharing information since 2003, but is there any effort currently under way to improve that process, to get the information more quickly or to expand on the information we can share between those groups? You mentioned the security partners, those particular departments.

4:05 p.m.

Director General, Intelligence and Targeting Operations, Canada Border Services Agency

Geoffrey Leckey

Yes, is the short answer.

There was a chapter of a report from the Office of the Auditor General last year called “Issuing Visas”. It noted that there were potential shortcomings in our access to all the information we might have access to, so we've taken steps to address that. We've also developed some new tools that we believe will help us to access more relevant information more quickly.

We're developing the area of our open-source information and analysis. We're developing into the fields of data analytics, and we're developing, in short, more access to more databases with more potentially relevant information.

4:05 p.m.

Conservative

Roxanne James Conservative Scarborough Centre, ON

You said “potential shortcomings”. Are we talking about legislative, regulatory, or other barrier-specific...? What do you mean by potential shortcomings?

4:05 p.m.

Director General, Intelligence and Targeting Operations, Canada Border Services Agency

Geoffrey Leckey

No, not legislative or regulatory. The Office of the Auditor General was not convinced that the CBSA, in carrying out its role in screening visa applicants, had access to all possible relevant government information.

4:05 p.m.

Conservative

Roxanne James Conservative Scarborough Centre, ON

Thank you.

Now, you've mentioned that we do share some information within our security partners, and you've mentioned the RCMP and CBSA and so forth. But I am wondering whether we expand that outside of the security partner scope. For example, do we have any type of information-sharing agreement with CRA that would assist the RCMP and CBSA to find individuals who have failed to pay their taxes or are collecting social assistance without legal status in Canada?

I'm trying to figure out the scope of information we have. Does it go past our “security partners”?

4:05 p.m.

Assistant Deputy Minister, Strategic and Program Policy, Department of Citizenship and Immigration

Les Linklater

At this point, we don't have a formal arrangement with the CRA in line with the question you’ve asked. I think that would certainly require us to look at privacy considerations, if that were a direction to be pursued.

4:05 p.m.

Conservative

Roxanne James Conservative Scarborough Centre, ON

Is it something that has been considered or contemplated or discussed?

4:05 p.m.

Assistant Deputy Minister, Strategic and Program Policy, Department of Citizenship and Immigration

Les Linklater

Well, in the past, there have been queries on the potential for doing that. To my knowledge—and we would have to verify this—my sense is that some initial conversations have taken place with the CRA, to understand what the potential benefits might be, but we've not pursued anything formally at this point.

4:05 p.m.

Conservative

Roxanne James Conservative Scarborough Centre, ON

We all hear stories about people—organized crime or individuals who avoid paying their taxes—and I would imagine that if we have illegal immigrants in the country who are also involved in that type of activity, they're also avoiding paying taxes. That's why I brought that question to you.

I just wonder, offhand, do you know of other countries that actually allow departments such as CIC or Immigration to talk with their departments that deal with taxation as well? Do you know of other countries that are successful in that, and if so, could you comment on what their experience has been?

4:05 p.m.

Assistant Deputy Minister, Strategic and Program Policy, Department of Citizenship and Immigration

Les Linklater

I'm not personally aware of any such arrangements, so I really can't comment on whether or not it's something that would be particularly effective.

4:05 p.m.

Conservative

The Chair Conservative David Tilson

Thank you.

Ms. Sims, go ahead.

4:05 p.m.

NDP

Jinny Sims NDP Newton—North Delta, BC

Thank you very much.

I want to thank you for coming.

Mr. Linklater, I think you've become a regular here. You'll soon be declared a sitting member of this committee.

I have some questions around detention. We've heard some conflicting testimony on whether the refugee system really constitutes a significant security threat, yet I know that's the narrative we're hearing from across the way.

One study, based on 11 years of Canadian refugee data, found that fewer than 100th of 1% of refugees were excluded because of terrorist concerns. A 2012 global detention project report also lists Canada as one of the only western countries that actively and increasingly detains asylum seekers.

My first question is, in your opinion, what security threats justify detaining refugees?

4:10 p.m.

Assistant Deputy Minister, Strategic and Program Policy, Department of Citizenship and Immigration

Les Linklater

Mr. Hill is prepared to respond to questions related to detention.

4:10 p.m.

Peter Hill Director General, Enforcement and Intelligence Programs, Canada Border Services Agency

Thank you for the question.

The CBSA's mandate for detention, as you know, is set out in the IRPA. There are three grounds that allow CBSA to detain individuals: their identity is unknown; they represent a danger to Canada; or they represent a flight risk—in other words, they're unlikely to appear for an immigration hearing or process.

That's the foundation for the CBSA's detention program. The program, as you know, is subject to the review of the quasi-judicial Immigration and Refugee Board that ensures that detention decisions are reviewed on a regular basis and that individuals are detained only when strictly necessary in the protection of the safety and security of Canada.

4:10 p.m.

NDP

Jinny Sims NDP Newton—North Delta, BC

Under the new legislation, as you know, the parameters for detention are being expanded.

My next question is, what data do we have to support detention based on security concerns?

4:10 p.m.

Director General, Enforcement and Intelligence Programs, Canada Border Services Agency

Peter Hill

I can provide additional information to the committee on the number of cases involving security and detention.

4:10 p.m.

NDP

Jinny Sims NDP Newton—North Delta, BC

As you said, you can provide that, so maybe that could be provided through the chair, and then we will all have access to it.

4:10 p.m.

Conservative

The Chair Conservative David Tilson

To the clerk, actually.

4:10 p.m.

NDP

Jinny Sims NDP Newton—North Delta, BC

Sorry, Chair.

What limits and guidelines would you incorporate into a refugee detention system if you were designing it from scratch?