Citizenship and Immigration Committee on March 18th, 2019

[Michelle Rempel, Conservative, Calgary Nose Hill, AB]

Thank you.

It does fly.

Ms. Morgan, last week Global News reported that your department had provided a briefing memo to the minister on January 18, 2018, which stated that the safe third country agreement is no longer working as intended, and asylum seekers are evading the Canada–U.S. safe third country agreement by crossing into Canada between ports of entry where the agreement does not apply. This has brought to our attention gaps that may be creating a pull factor for people to cross illegally into Canada.

In that context, and in the context of the $114 million allocated for this issue in the estimates, has the government directed you or provided an implementation date for any potential changes to the safe third country agreement?

[Marta Morgan]

As Minister Blair noted, the Government of Canada has engaged with the United States to modernize the safe third country agreement, but I couldn't comment on any date by which time such modernization could take effect.

[Michelle Rempel, Conservative, Calgary Nose Hill, AB]

There's no date yet on the pathway of entry into Canada, so crossing illegally at Roxham Road.... It had been speculated in the media today that what would be implemented is the RCMP would direct people to an official point of entry and they would be returned to the U.S.

So your department has not been given any direction on a date on which that would start?

[Marta Morgan]

This is an agreement between two countries and will require extensive discussions between us and the United States. It isn't possible at this point to predict a date for concluding any amendments to the agreement.

[Michelle Rempel, Conservative, Calgary Nose Hill, AB]

As well, with regard to modernization, there have been a lot of discussions about the phenomenon of anchor relatives potentially becoming an issue, that people who have already entered Canada via this mechanism may be able to allow people, with the very broad definition of “family”, to enter Canada through illegal points of entry.

Has the government given you any indication that the definition of “anchor relative” would be changed in the safe third country agreement?

[Marta Morgan]

I would expect that when we are in discussion with the United States on the safe third country agreement, there will be many issues that can be addressed.

Many things have changed since the agreement was first signed 14 years ago, including technology, biometrics and things that give us the opportunity to know who people are in ways that we wouldn't have had when it was first signed.

[Michelle Rempel, Conservative, Calgary Nose Hill, AB]

But specifically, the government hasn't directed you to look into any policy changes with regard to the the definition of “anchor relative” through what we classify as a current loophole in the safe third country agreement.

[Marta Morgan]

I would expect that once we have a better understanding of the view of the United States on a safe third country agreement, a whole range of issues could be discussed.

[Michelle Rempel, Conservative, Calgary Nose Hill, AB]

But that's not yet. Okay, that's great.

The other question I have is on the $114 million. From my analysis, that is largely retroactive. Is that right? It is for costs that have already been incurred.

[Marta Morgan]

That's correct.

[Michelle Rempel, Conservative, Calgary Nose Hill, AB]

Okay, so it's just to date.

Has the government directed you to do any sort of analysis on the potential costs related to...? It's my understanding that people who have entered Canada illegally at Roxham Road and have claimed asylum, are waiting for their asylum claim, have what we would call temporary status. Is that correct?

In terms of the Canada child care benefit, after 18 months people with temporary status become eligible for the benefit. Has the government directed you to do any analysis on the potential impact or cost related to giving Canada child care benefits to people who have entered at Roxham Road, who have temporary status and are waiting for their asylum claims to be heard?

[Marta Morgan]

I don't have any information on that.

[Michelle Rempel, Conservative, Calgary Nose Hill, AB]

The other thing I want to ask is with regard to the timing of the discussions with the Americans. News has broken in recent days. Minister Blair has been out talking about the fact that there's been some discussion.

Has the government informed you of what the specific ask was to the Americans? Has the government asked the Americans to close the loophole, or has there been a clear policy directive from the government instructing you to investigate implementation?

[Marta Morgan]

As Minister Blair noted, we have engaged at a variety of levels in discussions with the U.S. We have noted to our U.S. colleagues that we think this agreement is ready to be modernized and that many things have changed.

[Michelle Rempel, Conservative, Calgary Nose Hill, AB]

Is there a specific policy direction? I get that there are a lot of things, but he has come out and said that they are taking action. I'm just wondering what that action is and whether they have said anything to you with regard to a specific policy, or how or when. We're looking at the budget. It's largely reactive, and we're probably going to be asked for more.

Has the government given you a specific policy direction yet?

[Marta Morgan]

Any changes made to the safe third country agreement would have to be negotiated with the United States. It's an agreement between our two countries; no changes can be made unilaterally.

[Michelle Rempel, Conservative, Calgary Nose Hill, AB]

Has the government provided you with any desired changes that they are currently negotiating?

[Marta Morgan]

There is a wide range of changes—

[Michelle Rempel, Conservative, Calgary Nose Hill, AB]

What are those?

[Marta Morgan]

—that could be anticipated to the safe third country agreement.

[Michelle Rempel, Conservative, Calgary Nose Hill, AB]

What are they?

[Marta Morgan]

Those would have to be discussed with the United States, which is the partner to this agreement.

[Michelle Rempel, Conservative, Calgary Nose Hill, AB]

What has the government directed to you? You're the deputy minister, so you must know—one would think. I would hope you know. What has the government put on the table with the Americans?

[Marta Morgan]

Our objective is to continue our discussions with the United States—

[Michelle Rempel, Conservative, Calgary Nose Hill, AB]

So there's nothing?