Citizenship and Immigration Committee on Jan. 27th, 2021

[Natasha Kim]

These measures were designed and developed by the government to look at the situation in Hong Kong. As we were looking at what was available from our allies and what was happening on the ground, certainly we were looking at the specific situation in Hong Kong, as opposed to past initiatives.

[Jenny Kwan, NDP, Vancouver East, BC]

Has the ministry issued any minister's permits to date for the people of Hong Kong?

[Dr. Nicole Giles]

Thank you for asking that question.

We're not able to disclose specific case information in terms of permits that have been issued to individuals in Hong Kong, for their safety and security.

[Jenny Kwan, NDP, Vancouver East, BC]

Sorry, I'm not asking about names. I'm just wondering if any have been issued. If so, how many—one, two, five, 10?

[Dr. Nicole Giles]

There have been a few permits that have been issued, but again, for the safety and security of the people of Hong Kong, we will not be issuing those specific numbers at this point.

[Jenny Kwan, NDP, Vancouver East, BC]

Okay, so even numbers are not being disclosed.

I just highlight this as an issue because minister's permits were utilized during the Tiananmen Square situation. In fact, they were used quite regularly by the ministry then. I'm wondering whether or not they are being utilized at this time. I do think that it is important to actually adopt some of those measures that were utilized during that time because there are similarities in terms of the risks for the people of Hong Kong at this point.

As well, related to the H and C stream, back in the Tiananmen Square situation, it was clearly indicated, “all persons who have in some way individually embarrassed their government and in so doing have exposed themselves to severe sanctions should they return.” Those were the instructions that were given to officials then to consider H and C applications. Have there been any special instructions given by IRCC for consideration of H and C applications for the people of Hong Kong?

[Dr. Nicole Giles]

Our highly trained officers continue to look at each application on a case-by-case basis and based on the totality of evidence before them. H and C is one of the considerations that they look at.

I'll give you an example. In 2020, from January until November 30, there were 21 H and C or public policy permits issued to residents of Hong Kong.

[Jenny Kwan, NDP, Vancouver East, BC]

I appreciate that, but I'm just wondering whether or not special instructions were given, given the situation that has occurred and is increasing, in terms of the dire situation in Hong Kong. If officials can check and see whether or not special instructions have been given and advise the committee, I would really appreciate that.

I'd like to turn for a moment to VFS Global and the contract, in case I don't get a chance to come back to it. I mentioned it earlier. The ministry, as I understand, is reviewing this situation with respect to renewal of contracts. Is the ministry considering bringing those services back in-house in light of the situation that's happening for the people of Hong Kong?

[Dr. Nicole Giles]

The current VAC contracts are valid until October 31, 2023. The VACs provide administrative support services and biometric collection services. They play no role in the decision-making process. They are expressly forbidden from providing any visa-related advice to applicants or from making any type of determination. By having the VACs abroad, we're able to provide a higher number of administrative services to a higher number of applicants and for a higher number of collection—

[Jenny Kwan, NDP, Vancouver East, BC]

Sorry, I'm just going to interrupt because I have very little time.

In light of the situation in Hong Kong, is the ministry at all concerned that if somehow Chinese officials find out that applications are being made, these people could be in jeopardy? Is that being considered?

[Dr. Nicole Giles]

We have very strong safeguards in place governing the protection of personal information. There's an extensive oversight program in place and technological safeguards ensuring that client information is collected, stored and transmitted securely—

[The Chair, Liberal, Salma Zahid]

I'm sorry for interrupting, Ms. Giles. Your time is up.

[Jenny Kwan, NDP, Vancouver East, BC]

Except that there was a breach in—

[The Chair, Liberal, Salma Zahid]

Ms. Kwan, the time is up.

With that, our first panel comes to an end. On behalf of all the committee members, I would like to thank Ms. Kim and Ms. Giles for appearing before the committee today. I'm sorry for the delay.

I will suspend the meeting for a few minutes so that we can give some time for the witnesses in the second panel to log in and allow the IT team to do their sound check.

The meeting is suspended for a few minutes. Thank you.

[The Chair, Liberal, Salma Zahid]

I call the meeting to order.

I welcome our witnesses in the second panel to today's study on immigration and refugee measures for the people of Hong Kong.

For this panel, we have with us Avvy Go, clinic director, representing the Chinese and Southeast Asian Legal Clinic. Welcome, Ms. Go.

We are also joined by Eric Li, vice-president of Canada-Hong Kong Link. Welcome, Mr. Li.

[Eric Li, Vice-President, Canada-Hong Kong Link]

Thank you.

[The Chair, Liberal, Salma Zahid]

We will start with the opening remarks of Ms. Avvy Go.

You will have five minutes for your opening remarks. Please start.

[Avvy Yao-Yao Go, Clinic Director, Chinese and Southeast Asian Legal Clinic]

Thank you very much.

As mentioned, I'm the clinic director of the Chinese and Southeast Asian Legal Clinic. I'm also a board member of the Toronto Association for Democracy in China, TADC.

I want to thank the committee for the opportunity to comment on the new immigration measures to support Hong Kong pro-democracy activists.

Since the announcement by Minister Mendicino in November 2020, we have seen more arrests being made by the Hong Kong government. On January 5, the Hong Kong police arrested 50 former lawmakers and activists for allegedly violating the national security law. Their only crime was to organize unofficial election primaries for Hong Kong. More than 600,000 Hong Kongers participated in this electoral exercise, despite warnings from Beijing not to do so.

The continuing arrests of pro-democracy activists confirm our fear that no one is safe in Hong Kong. The Hong Kong police could and would, without warning and without cause, arrest anyone on suspicion of violating the national security law.

Activists have become sitting ducks, as their liberty can be taken away any time. We have heard reports of activists being detained for up to 36 hours in a frigid room as part of the intimidation tactics. Their arrests also allow the police to access the activists' personal contact information and seize their travel documents.

We know that the democracy movement in Hong Kong has been driven to a great extent by the youth. Some of the MPs have commented on that. It's in this context that we examine the special immigration measures that Canada has adopted today.

While the new initiatives will broaden the immigration pathways for some select groups, these measures have fallen short of responding to the worsening climate of white terror and constant surveillance experienced by many activists.

There is also a glaring absence of humanitarian measures to assist those who are most at risk and would not qualify under these measures. For instance, the new open work permit is being offered only to recent university graduates. The criteria would exclude high school students and those who are not university-educated.

Just to put things in perspective, neither Joshua Wong nor Agnes Chow, two of the most prominent activists, would qualify, because they have not yet finished university, nor would a number of Hong Kong activists working in blue-collar jobs who have managed to come here to seek asylum. By failing to recognize the protestors' diverse demographic and educational backgrounds, these measures send the wrong message that Canada's commitment to protect them is limited only to those who will bring immediate economic benefits to our country.

There are some Hong Kong residents, including young students, who are already here. They, along with the dozens of asylum seekers, should be granted permanent residence under a special program similar to the one in place for Chinese nationals after the Tiananmen Square massacre.

For protesters who are currently stranded in another country, Canada should allow them immediate entrance under private refugee sponsorship programs or temporary resident permits, with an exemption from the travel ban. TADC and a number of other groups in Canada have offered their assistance to help bring these activists to resettle here. We need our government to put the appropriate programs in place so that we can transform the goodwill that many Canadians have shown towards Hong Kongers into concrete action.

The pandemic has not stopped the oppression of political dissent from happening in Hong Kong or anywhere else. Pro-democracy activists are racing against time and running out of options. That's why we're urging this honourable committee to call on Canada to take immediate action to bring in more Hong Kong residents and grant them permanent status, irrespective of their educational and occupational backgrounds.

Thank you.

[The Chair, Liberal, Salma Zahid]

Thank you, Ms. Go.

We will now move on to Mr. Eric Li.

Mr. Li, the floors is yours. Please start. You will have five minutes for your opening remarks.

[Eric Li]

Madam Chair and distinguished members of the committee, I thank you for the opportunity to speak with you today.

My name is Eric Li. I'm the vice-president of Canada-Hong Kong Link. Our group works to protect and promote the furtherance of human rights, the rule of law and democracy in Hong Kong.

We commend the Canadian government for announcing the new lifeboat program that will broaden the pathway for selected groups of Hong Kong residents to take refuge in Canada. This is encouraging news, as political persecution is dramatically increasing under Hong Kong's national security law. From our perspective, the lifeboat program is to save Hong Kongers from the unjust and threatening environment that is plaguing Hong Kong. It is not a new immigration policy for people based on their socio-economic status.

However, we are concerned about how the lifeboat program will be applied, that it may not prioritize those who are truly at risk or that it may even be abused by harmful groups in Hong Kong. It is important to distinguish the members of the harmful groups in Hong Kong from using the lifeboat program to infiltrate Canada. By “harmful groups”, I'm referring to groups and individuals who impose threats on Hong Kong's democratic development, such as the groups endorsing Hong Kong's national security law and the Hong Kong police force.

I'd like to show you the demographic of the ordinary citizens who fought for their freedom in Hong Kong. Since June 2019, more than 10,000 people, with ages ranging from 11 to 80-plus, have been arrested. They came from all walks of life and sacrificed their livelihoods to participate in the protests. A large number of youth and protesters suffer from PTSD as a result of the police brutality they endured during their arrests. Those are the people who need our help. They all suffered because they wanted to restore the freedom and the political system they were promised to have until 2047.

We would like to make the following recommendations for your consideration.

First, consider lifting the current essential travel ban for pro-democracy activists who are at risk of persecution because of such activities. They would have to respect each province's COVID-19 guidelines upon arrival.

Second, the open work permit criteria should address the diversity of Hong Kong pro-democracy activists in terms of age and educational and occupational backgrounds.

Third, applicants for the open work permit or study permit should be offered a five-year visa with an expedited pathway to permanent resident status, similar to what our Five Eyes allies have offered.

Fourth, we urge the Canadian ministry of foreign affairs and the consular staff in Hong Kong and nearby countries to help arrange emergency travel documents for high-risk activists whose passports have been confiscated and also to help recognize asylum seekers support and allow our community to sponsor them through the existing refugee sponsorship program.

Fifth, Hong Kong international students and temporary skilled workers in Canada, along with political asylum seekers from Hong Kong who are proven to be at risk of political persecution when returning to Hong Kong, should be granted permanent resident status under a fast-tracked and special program.

Sixth, family reunification could be broadened to include siblings and extended family, such as uncles and aunts who can support nephews and nieces. Costs of family reunification could be waived for those fleeing persecution.

Seventh, since the lifeboat program is designed for those fleeing persecution in Hong Kong, applicants should sign a declaration that they did not have gross misconduct on hindering the democracy movement in Hong Kong. The consequence of a false declaration will result in deportation from Canada. This recommendation will safeguard that the lifeboat program will serve the intended group of Hong Kongers.

Eighth, Hong Kong police and immigration officers should be excluded from the lifeboat program, unless they are subject to serious vetting by CSIS or the RCMP and it's proven they were not involved in anything against the democracy movement or against human rights. This step will help prevent infiltration that threatens our national security.

I think I'm running out of time now. Please refer to my submitted recommendations to enhance this current immigration policy in the spirit of the lifeboat program to save Hong Kongers.

I'm happy to answer questions related to my recommendations, in the Q and A session.

I urge you to give these recommendations your serious attention and lend your support towards opening our doors to those facing political persecution.

Thank you very much.

[The Chair, Liberal, Salma Zahid]

Thank you, Mr. Li.

We will now move on to Mr. Cliche-Rivard, president of the Association québécoise des avocats et avocates en droit de l’immigration. Mr. Cliche-Rivard, you have five minutes for your opening remarks.

The floor is yours.

[Guillaume Cliche-Rivard, President, Association québécoise des avocats et avocates en droit de l’immigration]

Thank you very much.

The Association québécoise des avocats et avocates en droit de l'immigration, or AQAADI, was founded in 1991 to bring together immigration and refugee law practitioners of Quebec, and to provide them with better representation with the Quebec bar association and various political and judicial bodies, both in terms of federal and provincial immigration.

We intervene before the Federal Court of Appeal, the Supreme Court of Canada and the Superior Court of Quebec. We also participate in various House of Commons committees, like today, and in different Quebec National Assembly committees.

The current situation in Hong Kong is very worrisome. We applaud the Government of Canada's positions to facilitate and accelerate the processing of certain applications for permanent residence. However, we think it is possible to do much more in that area, and we will focus on two points that could be implemented quickly.

When it comes to refugee protection, we are asking that files currently being processed by the Consulate General of Canada in Hong Kong be accelerated and finalized. It is important to enable the quick resettlement of sponsored refugees recognized by Canada and of certain applicants on humanitarian and compassionate grounds who are in Hong Kong. It would be important to finalize those files as quickly as possible, so that those people could be safe again in Canada.

If certain files are not finalized, temporary resident permits, or TRPs, should be issued quickly, so that those refugee protection claimants, often sponsored privately or through what is referred to as refugee sponsorship agreement holders, can get to Canada as safely and as quickly as possible. Canada should also assess the possibility of granting refugee protection directly to individuals in Hong Kong who may need protection quickly so that they can come to Canada as soon as possible.

Second, we believe that Canada should allow the reactivation of the Canadian citizenship of certain Hong Kong residents who may have lost it owing to the non-recognition of dual citizenship by the People's Republic of China. It would be important for certain individuals to be able to once again validate or reactivate the Canadian citizenship they lost because they had to choose between the two citizenships after deciding to continue their life in Hong Kong.

For former Canadian citizens, the minister could issue a policy in light of the Immigration and Refugee Protection Act to allow their Canadian citizenship to be reactivated, so that they could easily return to the country as Canadian citizens, without having to start the immigration process from the beginning.

These are some ideas among many others, but I think that a bit more could be done in terms of those two aspects—refugee protection and the reactivation of those individuals' citizenship.

Thank you.

[The Chair, Liberal, Salma Zahid]

Thank you.

We will now move to our first round of questioning, for six minutes.

We will start with Ms. Dancho.

[Raquel Dancho, Conservative, Kildonan—St. Paul, MB]

Thank you, Madam Chair.

Thank you very much to the witnesses. Your opening testimonies were excellent.

It's very nice to see you here again today, Ms. Go, and I'm really happy to have your expertise on this panel.

I took a number of notes of the things you said, and I appreciated how you laid out very clearly the fear that no one is safe and that the activists' liberty is being ripped away as they are put in jail for 36 hours under terrible conditions. It is very alarming to hear what is happening.

Ms. Go, given that there are 300,000 Canadians in Hong Kong and thousands in Canada with close ties to more family in Hong Kong, you've outlined that you don't believe the government's response is adequate at all. Can you outline what some other countries are doing and reiterate some of your recommendations of what measures the Government of Canada should be taking now to support Hong Kong?

[Avvy Yao-Yao Go]

Sure. Maybe I'll use the example of the U.K. government. They agreed to take in all the Hong Kong people with a BNO passport, but that doesn't apply to all the activists. It's only for people who were born before 1997 and whose parents are not from China. That excluded a number of people as well, but those with a passport will have a pathway to citizenship five years later, I believe.

With respect to the 300,000 Canadians you're mentioning—and I want to echo the last speaker—some of them may have chosen to give up their citizenship when they ran for election in Hong Kong. We know at least a couple who are in that situation. More importantly, for the Canadians who are there, their family members may not be Canadian citizens or permanent residents. It might be easier if it's a spouse or children because they can apply to sponsor them. It's more difficult for parents, grandparents, uncles and aunts.

That's why I think Mr. Li's concept of expanding the family-class reunification is very important. I don't think that relying on the super visa—which is what Minister Mendicino mentioned in the announcement, to give parents a super visa—would address this issue, because the super visa is a temporary status. Again, those people would have to return to Hong Kong, while their children and grandchildren are living here.

I think, certainly, that it will be important to make sure they can come here any time before China wholesale announces that all of these people are non-Canadians, and it would also be important to allow them to bring their families over.