Citizenship and Immigration Committee on Feb. 15th, 2018

[Ahmed Hussen, Liberal, York South—Weston, ON]

First of all, I would begin by saying that our plan to provide safety, security, and a new home to survivors of Daesh is very commendable, because I think we're only the second country that has a specific plan for survivors of Daesh, mainly Yazidis.

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

Just yes or no.... Do you have a plan to increase it?

[Ahmed Hussen, Liberal, York South—Weston, ON]

It's not a yes or no question.

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

It is a yes or no question.

[Ahmed Hussen, Liberal, York South—Weston, ON]

I would disagree.

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

Do you plan on increasing the number of PSR spots for people from northern Iraq, specifically the Yazidi community?

[Ahmed Hussen, Liberal, York South—Weston, ON]

There's no cap on individuals seeking to sponsor vulnerable people from northern Iraq. The problem is that the premise of the question is wrong. You're asking me to answer yes—

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

No, the premise of your answer is wrong. If your answer was correct, we wouldn't have the issue that we have where people can't sponsor these people.

[Ahmed Hussen, Liberal, York South—Weston, ON]

I wish you had brought—

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

It's ridiculous.

[Ahmed Hussen, Liberal, York South—Weston, ON]

—that same advocacy to your party, which only brought three Yazidis to Canada.

[The Chair, Liberal, Rob Oliphant]

Thank you very much.

We're going to switch to Ms. Kwan.

I remind all members that it's very difficult for the interpreters to interpret when two people are speaking at the same time. I ask all members to try to respect that, so that our interpreters can do their jobs effectively. Thank you.

Ms. Kwan, you have seven minutes.

[Jenny Kwan, NDP, Vancouver East, BC]

Thank you very much, Mr. Chair.

Thank you to the minister and his staff for coming to the committee.

I'm going to focus my question on the key issue, a policy issue that will impact the immigration levels numbers, and that is with respect to the government policy on paragraph 38(1)(c) of the IRPA. The minister will recall that he appeared before this committee and even in his own words admitted that the policy is inconsistent with Canada's values with respect to people with disabilities. The government, the minister, has been studying this issue since 2016, and to date there has been no action taken with respect to a change in policy. What is the holdup? Why is there still not a change to this critical policy that impacts people's lives in a very tangible way, often by keeping family members apart from their loved ones?

I have a number of cases before me in which people have come under the live-in caregiver program, and they have done their two years of work requirement. They made an application. The processing delay is such that they've waited five years in addition to that to get their case application processed only to find out that they're being rejected for permanent resident status because one family member has a disability.

What is the holdup and why can't changes take place?

[Ahmed Hussen, Liberal, York South—Weston, ON]

I want to reassure the honourable member, Mr. Chair, that I have been very clear that this policy is out of step with Canadian values on accommodating people with disabilities.

Second, I would contest the question by saying that there has been action. We have been talking to provinces. Part of the reason we were waiting was to get the recommendations that came out of this committee, which did a lot of work on this topic, and we will be responding. Our official response to the committee's recommendations will be tabled by April 12. I would encourage you to wait for that response and in that response you'll find out how we're proceeding on this issue.

[Jenny Kwan, NDP, Vancouver East, BC]

I'll say this. This committee, by the way, before breaking for the holiday season, jammed through a process. In fact, on December 13, on the public record, we had a meeting that ended at 12:30. According to the public minutes, it was agreed that any dissenting reports would be submitted within 30 minutes of that meeting. We were jammed to get this work done, which we did, and I'm happy that we got that work done.

I know the minister says there are 120 days to do a formal response. The minister has been studying this issue since 2016. People's lives are on hold because of it. I have a case, Marilyn Cruzet, who was brought to my attention. She has a daughter who was born with a developmental disability, and despite her being physically healthy, requiring no medical treatments, and having the capacity of self-care, IRCC has determined that the daughter could pose an excessive demand on Canada's health or social services. This means that Marilyn's entire family is ineligible to come to Canada. She's been here for a decade. She made her application after she fulfilled her two-year work requirement and waited five years in addition to that to have her application processed, only to find out that she is not eligible because of her daughter's condition, even though her daughter's condition requires no medical expenses or treatment whatsoever. She's now trying to appeal this process and go through that.

That's just one case. I've had many other cases like this, so when the minister—

[Gary Anandasangaree, Liberal, Scarborough—Rouge Park, ON]

I have a point of order, Mr. Chair.

I appreciate my friend's point on this, but I am a little hesitant because we're bringing in a very specific case involving a young person whose privacy I think we're breaching. Even if we have the consent of the parent, I do think it's very problematic that we're bringing in a very specific individual case that could potentially jeopardize a minor's long-term prospects. I do caution that it could—

[The Chair, Liberal, Rob Oliphant]

I'm not sure that is a point of order; however, it does give me an opportunity to remind the member to try to keep her questions as closely related to the levels issue as possible. An individual case isn't really related to the levels, but....

[Jenny Kwan, NDP, Vancouver East, BC]

Except that—

[The Chair, Liberal, Rob Oliphant]

I'm not sure it's a point of order, but I do just want to remind you. Thank you.

[Jenny Kwan, NDP, Vancouver East, BC]

Thank you, Mr. Chair...except that it does. There are about 1,000 cases across the system that are in this situation, and they impact the levels numbers absolutely.

Absolutely I have consent to talk about this case, so for the minister to think he has 120 days to move forward to do an official response, when he's been studying this issue since 2016.... He may have the luxury to wait, but the family members don't. They are being separated and they need a policy change.

What is the holdup? The minister says, “I've been talking to the provinces.” Well, you've been doing that for some time now. Why can't we have a policy change that will affect the lives of these individuals now?

[Ahmed Hussen, Liberal, York South—Weston, ON]

Thank you.

Just to set the record straight, this policy has been in place for 40 years.

[Jenny Kwan, NDP, Vancouver East, BC]

Then we should wait more, and it's okay...?

[Ahmed Hussen, Liberal, York South—Weston, ON]

No, let me finish. I'm trying to answer your question.

It's been in place for 40 years. I am the minister who has publicly said that we will change this policy because it's out of step with Canadian values with respect to inclusion for people with disabilities. The way we do that is also equally important, because this affects provincial health care and social service budgets. We have to do it in line with what the provinces are willing to do. This is a process that involves them.

It also involves this committee. We got a report from the committee that we are responding to, and our response will be tabled by April 12. You will see our response very shortly.

[Jenny Kwan, NDP, Vancouver East, BC]

Thank you, Minister.

Every single member of this committee called on the government to repeal this section. Canada is a signatory to the UN Convention on the Rights of Persons with Disabilities. For the last 40 years we've actually been in violation of this convention, so what's another 120 days, I suppose, for us to review this? Then after that—I don't know—what's another x number of days for us to proceed? The government doesn't seem to think there's an urgency to this.

Mr. Tomlinson came here today, with the HIV/AIDS network. He cited an example whereby people with HIV and AIDS, who will qualify, who can contribute to Canadian society, are being rejected based on this provision, notwithstanding their contributions. This thus affects many, many people.

I feel the urgency for us to act, but the government is still waiting and somehow we seem to think it's okay.

Committee members at this table also said:

I must say that at this point in time I do not see how raising the threshold and excluding fewer people changes the fact that excluding anyone is prima facie discriminatory and violates Canadian values.

A committee member actually said this. Others equated this policy to slavery, in terms of how we approach our immigration policy.

Does the minister not feel the urgency to act, or does he think that it's okay and that we can continue to wait?

[The Chair, Liberal, Rob Oliphant]

I'm afraid I need to end it there. We need to go to Mr. Whelan. Thank you.