Evidence of meeting #14 for Citizenship and Immigration in the 41st Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was women.

A video is available from Parliament.

On the agenda

MPs speaking

Also speaking

Ryhan Mansour  Manager, Policy, Labour Market Access and Client - Centered Program Policy, Integration / FCRO Branch, Department of Citizenship and Immigration
Robert Orr  Assistant Deputy Minister, Operations, Department of Citizenship and Immigration
David Manicom  Director General, Immigration Branch, Department of Citizenship and Immigration
Angela Gawel  Director General, International Region, Department of Citizenship and Immigration

February 26th, 2014 / 3:40 p.m.

Conservative

The Chair Conservative David Tilson

We're going to start the meeting. This is the Standing Committee on Citizenship and Immigration, meeting number 14. We are studying a report on strengthening the protection of women in our immigration system.

We have some of the people from the Department of Citizenship and Immigration. We have Mr. Orr with us. Most of you will have met him before. He's the assistant deputy minister. We also have Mr. David Manicom, who is the director general of the immigration branch. Good afternoon to you. We also have Ms. Angela Gawel, who is the director general for international region, and Ryhan Mansour. I have no idea what your title is sir.

3:40 p.m.

Ryhan Mansour Manager, Policy, Labour Market Access and Client - Centered Program Policy, Integration / FCRO Branch, Department of Citizenship and Immigration

I'm the manager of economic and social services under the settlement program.

3:40 p.m.

Conservative

The Chair Conservative David Tilson

Thank you very much.

Thank you to all of you for coming.

Mr. Orr, I gather you are going to be the spokesman. You have up to 10 minutes, and then the members of the committee will probably have some questions from what you have said.

You may begin, sir.

3:40 p.m.

Robert Orr Assistant Deputy Minister, Operations, Department of Citizenship and Immigration

Thank you very much, Mr. Chair.

As you said, my name is Robert Orr. I am the assistant deputy minister for operations at Citizenship and Immigration Canada.

I am here today with David Manicom, director general of the immigration branch; Angela Gawel, director general for international region; and Ryhan Mansour who, as you heard, was manager of policy integration branch.

My colleagues and I are pleased to appear before your committee this afternoon.

We hope that our testimony today will be helpful to you as you undertake your study on strengthening the protection of vulnerable women in Canada's immigration system.

This is a serious societal issue, the scope of which extends well beyond CIC's jurisdiction and beyond even the realm of immigration. It is a broader and complex issue encompassing many aspects and facets.

Having said that, let me say that CIC takes the protection of immigrant women's rights very seriously. The department has taken several measures, regulatory and otherwise, to address family violence in the context of immigration.

First and foremost, regulatory amendments have made it much harder for people convicted of crimes that result in bodily harm against members of their family or other particularly violent offences to sponsor any family class member to come to Canada.

Family violence is not tolerated in Canada, and individuals who do not respect Canadian law and commit a serious crime, regardless of who the victim was, should not benefit from the privilege of sponsorship.

Previously, a sponsorship application would not have been approved if the sponsor had been convicted of a crime resulting in bodily harm against a specific list of family members or relatives.

That list has now been expanded to ensure that prospective sponsors convicted of such crimes against an expanded list of individuals, or particularly violent offences against any person, are generally not allowed to sponsor family to come to Canada for five years following the completion of their sentence.

While these changes took effect in 2011, the story dates back to a 2008 Federal Court decision that highlighted a gap in the immigration and refugee regulations.

In that decision, a man convicted of killing his brother's wife was allowed to sponsor his own wife because his sister-in-law did not meet the definition of relative or family member in the regulations.

The regulatory changes now in force fix the gap highlighted in the Federal Court decision and assist in the protection of sponsored individuals from family violence.

CIC has also brought in new measures in recent years to deter foreign nationals from entering into marriages of convenience to gain permanent resident status in Canada—including two-year conditional permanent resident status for certain sponsored spouses.

CIC is aware of concerns that conditional status could increase the vulnerability of sponsored spouses who are in abusive relationships. Because of this, there is an exemption to this measure in instances where there is evidence of abuse, whether that abuse is of a physical, sexual, psychological or financial nature. The exemption also applies in situations where there is evidence of neglect, such as a failure to provide the necessaries of life.

In consultation with several groups, including women's organizations, CIC has developed a process to allow newly sponsored spouses, who are affected by the conditional permanent residence measure and who are victims of abuse or neglect, to come forward without having to worry that they might face enforcement action.

Meanwhile, guidelines and training have been developed to assist CIC officers in processing requests for exemptions based on abuse or neglect, and in handling sensitive information, including evidence of abuse from a third party, related to situations of abuse.

CIC also publishes a brochure with important information for sponsored spouses or partners. It explains what conditional permanent residence means for them, and where they can turn to for help if they are being abused or neglected by their sponsor or their family.

The brochure states in no uncertain terms that abuse is not tolerated in Canada, that sponsored spouses don't have to remain in an abusive situation, that getting help is not shameful and that confidential help is available by phone, in person and online.

Mr. Chair, I understand that the main focus of this committee's study is on women who immigrate to Canada through the spousal sponsorship program, but it's important to remember that immigrant women also come to Canada through other avenues.

In fact, in 2012 more than twice as many women came to Canada as economic immigrants than through the family class. While most arrived as spouses and dependants, more than 27,500 were principal applicants, including 15,559 skilled workers. In comparison, just over 23,400 women came to Canada in 2012 as spouses and partners.

Immigration is a powerful positive force for women, empowering them to succeed through access to educational, employment, and economic opportunities in Canada, opportunities that could have been limited or non-existent in their country of origin.

Having said that, the immigration system is not foolproof. CIC officers are trained to assess the legitimacy of relationships at the visa application stage, but they are not omniscient. Despite our best efforts and intentions, the reality is that some immigrant women can and do face violence or abuse after they arrive, just as native-born Canadian women do. This can happen whether women come to Canada under the spousal sponsorship program or as economic immigrants.

Under our settlement program, CIC provides funding to a variety of organizations that offer programs and services that respond to the specific needs of permanent residents, including immigrant women and their families who may find themselves in vulnerable situations.

Service-providing organizations often represent newcomers' first contact after arrival and provide culturally-sensitive supports as well as important linkages to community and social services.

CIC is committed to promoting the quick and successful integration of all newcomers—both into the labour market and into their new communities. That is why CIC's settlement services are flexible and designed to meet the diverse needs of newcomers, including women, who may be facing multiple barriers such as low literacy skills, lack of child-minding and limited transportation.

In 2012-13, more than 200,000 people used CIC's settlement services. Women made up approximately 60% of that number and close to 70% of those accessing CIC-funded language training classes.

Overseas, newcomers can access programs that help them understand their rights and responsibilities in Canada, and that provide detailed labour market information so they can make informed decisions prior to arrival.

Once in Canada, women also have access to a range of employment-related supports that help them build their skills to enter the workforce and/or to advance their career.

Many CIC-funded organizations provide targeted programming designed for specific groups, including women. For example, women's-only language classes for immigrant and refugee women cover issues such as family violence, spousal abuse, women's rights, legal rights and responsibilities, and health care, and include bridging or referral to other available services in the community.

Support services also exist in the area of crisis counselling, in which organizations assist women through short-term, non-clinical counselling, and then refer them to a variety of local resources including police, shelters, and clinical counsellors in order to provide immediate assistance to individuals in violent situations.

Finally, in line with the “Discover Canada” citizenship study guide, the latest version of the “Welcome to Canada” guide informs newcomers of what is not acceptable in Canada. For the first time, “Welcome to Canada” states that female genital mutilation, honour-based crimes, and forced marriages will not be tolerated in this country.

Mr. Chair, strengthening and improving the protection of immigrant women is a serious issue that warrants everyone's attention. I want to thank the committee for choosing to study this topic, and for its work in this area.

While CIC has taken important measures in recent years, we are open to exploring other ways to address family violence and to protect the rights of vulnerable immigrant women. We look forward to receiving the findings of this committee's study, which will further inform our efforts in this area.

Thank you, Mr. Chair.

My colleagues and I would be happy to discuss further any aspect of our opening remarks, or anything else that committee members would like to ask us about this topic.

Thank you very much.

3:45 p.m.

Conservative

The Chair Conservative David Tilson

Thank you very much for your opening comments, Mr. Orr. I know members of the committee have some questions.

We'll start with Mr. Menegakis.

3:45 p.m.

Conservative

Costas Menegakis Conservative Richmond Hill, ON

I want to thank our officials for being here today.

This is a very sensitive issue. It's a very serious matter, something which the committee felt was very important to study, as you can appreciate. The use of our immigration system, or an immigration stream within our immigration system, to promote illicit activities and abuse of spouses, I believe is something we can do a fair bit about by at least trying to, if not eliminate it, severely reduce what is happening.

Over the years, we have heard of many cases of women who come here who are very vulnerable. They often come here from poor countries. They come here for a better life and once they get here, unfortunately, some of them don't anticipate the violence and the abuse that the person who is sponsoring them imposes on them. It's quite sad.

More recently, in the Ottawa area we heard of a case of a woman who sponsored a man who came over here and ended up beating her up. It was front page news, I believe. That's another sad situation. People come over here for the wrong reasons.

I'm really pleased that we're studying this. I thank all members on all sides of this house because I believe this is one study that, because of the fundamental unfairness of the whole thing, we can be united on a lot more areas than perhaps we normally have been in the past.

I'd like you to elaborate if you can, Mr. Orr, or any of the officials, on what measures CIC has taken in the past to address some of these issues, where there are forced marriages, spousal sponsorship abuse, or even polygamy.

3:50 p.m.

Assistant Deputy Minister, Operations, Department of Citizenship and Immigration

Robert Orr

Mr. Chair, there are a number of areas that I would like to outline. They fall into legislative changes, and there have been a number of those. Then there have been a number of other activities that have been undertaken, which have been useful.

If we go back to Bill C-10, which received royal assent on March 13, 2012, it gave the CIC minister discretionary authority to instruct officers not to issue work permits to those whose situation could make them vulnerable to abuse or exploitation, including sexual exploitation or human trafficking. It was a major change for us that I think was very positive.

Bill C-43, the Faster Removal of Foreign Criminals Act, limited the reviews mechanisms for certain foreign nationals on grounds of serious criminality.

Regulation 4(1) was amended in 2010 to deal with bad faith relationships and gave officers more discretion, more room to move on ways that they could refuse applications. Previously, it had to be that the applicant was entering into the marriage both for immigration purposes and the marriage was not genuine. That level of proof changed.

Also there was an expanded and strengthened spousal sponsorship bar, which changed, and I made reference to that in my opening remarks, that anyone convicted of an indictable offence involving use of violence would be barred from sponsorship.

In October 2012, there was the introduction of the conditional permanent resident status for certain sponsored spouses.

All of these have been significant changes.

On top of that, we've had a lot of work to do with the settlement program and greater awareness of those who are working with new arrivals in Canada so that they are better prepared to deal with some of the issues that come about. There have been major outreach activities as well. I've mentioned the “Welcome to Canada” and “Discover Canada” guides, which are very well used and are quite explicit about some of the issues there.

We have assistance for victims of human trafficking and special means to deal with that. We have special programs for refugees, for women at risk in the refugee program. We've done quite a bit of training with our staff as well, so they are more sensitized to these types of issues and are better prepared to deal with them.

3:55 p.m.

Conservative

Costas Menegakis Conservative Richmond Hill, ON

Okay, thank you.

I believe I have about a minute and a half left. Is that right?

3:55 p.m.

Conservative

The Chair Conservative David Tilson

Yes you do, sir.

3:55 p.m.

Conservative

Costas Menegakis Conservative Richmond Hill, ON

I have a number of questions here, but I'll ask one that's a little faster to ask.

What kind of operational and front-line support does CIC offer for victims of human trafficking and/or women who are abused here?

3:55 p.m.

Assistant Deputy Minister, Operations, Department of Citizenship and Immigration

Robert Orr

When such a case comes to our attention, the primary thing we would do is try to deal with the immigration side as sensitively as we can to protect the victims who are involved with that. At the same time, we may well refer them to community organizations, which are well equipped to help the individual with their situation.

3:55 p.m.

Conservative

Costas Menegakis Conservative Richmond Hill, ON

You would guide them to a professional organization that deals with these types of issues on a daily basis.

3:55 p.m.

Assistant Deputy Minister, Operations, Department of Citizenship and Immigration

Robert Orr

We would give them the details of how they could contact them, if they wish to do so.

3:55 p.m.

Conservative

Costas Menegakis Conservative Richmond Hill, ON

Thank you very much.

Thank you, Mr. Chair.

3:55 p.m.

Conservative

The Chair Conservative David Tilson

Ms. Blanchette-Lamothe, please.

3:55 p.m.

NDP

Lysane Blanchette-Lamothe NDP Pierrefonds—Dollard, QC

Thank you, Mr. Chair.

Thank you all for joining us.

I have a few specific questions about the new conditional permanent residence status for sponsored spouses.

First of all, do the victims have to provide evidence of some sort of abuse so that they are not sent back to their country if the couple does not stay together for more than two years?

3:55 p.m.

Assistant Deputy Minister, Operations, Department of Citizenship and Immigration

Robert Orr

Thank you for this question. I may ask my colleagues to help out on this particularly.

Basically, the situation with the conditional visa is if it comes to our attention that there has been a situation of abuse, or if the marriage is not bona fide, then we will be taking action in that situation. It's quite new, so there haven't been many cases that have come to our attention that way thus far.

We are also very sensitive as we are dealing with a situation of those who may be in a situation of abuse. We would try to explore that as sensitively as we could to find out the nature of the abuse and what the situation is.

3:55 p.m.

NDP

Lysane Blanchette-Lamothe NDP Pierrefonds—Dollard, QC

I would just like to repeat my question. Do the victims have to provide evidence of the violence they suffer? Are the victims responsible for providing evidence of abuse so that they are not sent back?

3:55 p.m.

David Manicom Director General, Immigration Branch, Department of Citizenship and Immigration

Yes, victims must provide some evidence, but the evidence can be obtained from other parties. For instance, it can be a letter or a statement from a women's shelter for victims of violence, a statement from a doctor or a family practice, a police report, photographs, affidavits from family members, neighbours, co-workers, and so on. In cases like that, we can refer women to support organizations that can help them gather the information.

3:55 p.m.

NDP

Lysane Blanchette-Lamothe NDP Pierrefonds—Dollard, QC

Does the evidence have to be submitted to a court or just to an immigration officer?

3:55 p.m.

Director General, Immigration Branch, Department of Citizenship and Immigration

David Manicom

To an immigration officer.

3:55 p.m.

NDP

Lysane Blanchette-Lamothe NDP Pierrefonds—Dollard, QC

What criteria do immigration officers use to determine the validity of a case? For instance, physical violence can be more easily identified than neglect when the necessaries of life are not provided. Such situations can be enough to make women want to leave their spouses, but they are more difficult to prove. Do immigration officers have clear criteria? Have you ever rejected the claim of a woman who wanted to provide evidence of violence, but the evidence was not enough for the immigration officers?

3:55 p.m.

Director General, Immigration Branch, Department of Citizenship and Immigration

David Manicom

I can't speak here about specific cases, but certainly, there are extensive instructions for officers which are publicly available. These instructions note that there are various types of abuse—physical abuse, sexual abuse, also psychological abuse—and to sensitize officers to the types of information they can ask for. That's why we have instructions to officers to consider information from a variety of sources, not simply from the police, but from co-workers, from neighbours, from women's support centres and things like that.

3:55 p.m.

NDP

Lysane Blanchette-Lamothe NDP Pierrefonds—Dollard, QC

Thank you.

Is fraudulent marriage a major problem in Canada? Do you have any figures for us on that? If not, can you tell us how many cases for deporting sponsored spouses there have been since the new status was adopted in October 2012?

4 p.m.

Assistant Deputy Minister, Operations, Department of Citizenship and Immigration

Robert Orr

It's difficult to get statistics on this that are conclusive. We have a number of statistics that point to some of the results of the various measures that have been taken.

In Ontario alone, for instance, just between July and September 2013, there were 190 tips about these sorts of situations, about the conditional visas, which led to approximately seven instances of where people were given a departure notice.