Evidence of meeting #42 for Citizenship and Immigration in the 44th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was safe.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Christiane Fox  Deputy Minister, Department of Citizenship and Immigration
Michèle Kingsley  Assistant Deputy Minister, Operations, Department of Citizenship and Immigration
Clerk of the Committee  Ms. Stephanie Bond

1:30 p.m.

NDP

Jenny Kwan NDP Vancouver East, BC

Thank you very much, Madam Chair.

Thank you to the witnesses, the officials, for coming to our committee.

Could the officials advise, what is the first document that asylum claimants receive when they first arrive in Canada?

1:30 p.m.

Deputy Minister, Department of Citizenship and Immigration

Christiane Fox

I recently went to Roxham Road. I think I can say that when a person comes through, the first point of contact is the RCMP.

1:30 p.m.

NDP

Jenny Kwan NDP Vancouver East, BC

I'm sorry. Could I just get the answer to the question?

What is the document that IRCC issues to them when they first arrive?

1:30 p.m.

Deputy Minister, Department of Citizenship and Immigration

Christiane Fox

I think there are a number of documents. IRCC would be the third person to issue one. They would see, essentially, the RCMP and then CBSA.

1:30 p.m.

NDP

Jenny Kwan NDP Vancouver East, BC

You did not provide the document that IRCC provides. Could I get that answer, please?

1:30 p.m.

Deputy Minister, Department of Citizenship and Immigration

Christiane Fox

Yes. It's the acknowledgement of claim. That is the name of the document that they receive from IRCC.

1:30 p.m.

NDP

Jenny Kwan NDP Vancouver East, BC

Is this a new practice, issuing the acknowledgement of claim?

1:30 p.m.

Deputy Minister, Department of Citizenship and Immigration

1:30 p.m.

NDP

Jenny Kwan NDP Vancouver East, BC

When does the asylum seeker get what is known as the “brown paper”, the refugee protection claimant document?

1:30 p.m.

Deputy Minister, Department of Citizenship and Immigration

Christiane Fox

Usually it's when they go to their follow-up appointment at the IRCC office, and that's usually about two weeks later.

1:30 p.m.

NDP

Jenny Kwan NDP Vancouver East, BC

Is that the current time period in which people will get that, two weeks later?

1:30 p.m.

Deputy Minister, Department of Citizenship and Immigration

Christiane Fox

Yes, from what I saw when I did the visit, it was about a two-week period. Maybe it's a little bit less or more, depending, but it's approximately two weeks.

1:30 p.m.

NDP

Jenny Kwan NDP Vancouver East, BC

One of the witnesses who will appear before the committee has sent in a document to indicate that in fact it's taking much longer than that for them to get what's known as the “brown paper”. The process has now added an additional 12 to 24 months before they can get it. If they can't get that document, that means the claimant cannot access the interim health program, for example. They can't get their identification to try to seek employment.

Is that the reality right now, where people are waiting that long to get that brown paper document?

1:30 p.m.

Deputy Minister, Department of Citizenship and Immigration

Christiane Fox

I think it would depend. Apologies for the complexities, but I think it would depend on whether the CBSA referred, or whether or not we received. I think depending on who has processed them, there could be a change. That's why we have been trying to really coordinate with the CBSA and the RCMP.

I've written down the 12 to 24 months based on what the testimony has said and I'll go back and check, but our understanding was that for the IRCC processes it was shorter than that.

1:35 p.m.

NDP

Jenny Kwan NDP Vancouver East, BC

From what I understand, it used to take three to six weeks for people to get an appointment to get their brown paper document. It's now taking 16 to 18 months to get that appointment and then on top of that, in addition to the acknowledgement of receipt document, they're now being issued an entry for further examination document. That is because CBSA is unable to process their claim in a timely fashion.

In total, people are now faced with a 12- to 24-month delay before they can get that document. In the meantime, what they have to do is to apply for income assistance through the province to just survive. You can imagine the hardship that's related to that.

My question is, why can't the government issue that brown paper document on arrival so people can actually get on with starting their legal process, and then of course being able to survive and access the necessary services?

1:35 p.m.

Deputy Minister, Department of Citizenship and Immigration

Christiane Fox

I think that, just in terms of access to services, there are services right away upon arrival, including housing services and supports. There isn't a delay, but I will definitely go back and see what can be done in terms of accelerating the brown paper, seeing what the delays are, and what flexibilities we have.

1:35 p.m.

NDP

Jenny Kwan NDP Vancouver East, BC

Yes, and could the committee get the information on what is the actual delay, not just from your visit, but in actuality in terms of the practice? This is because on the ground, if a refugee centre that's dealing with claimants day in and day out is regularly seeing this significant shift in timelines, which is causing huge problems for people, it would be good to get the data on what is the delay and the process for each step and how long it's taking. Then we can get a clear picture of what's going on and what more can be done to expedite this.

The other question is this. In your negotiations with the United States on modernizing—the government likes to use the term “modernizing”—the safe third country agreement, Canada used to provide an exemption for sending people back to their country of origin if it is deemed to be unsafe. We used to have an exemption and that exemption was taken away by the Harper administration in 2009. Is there any discussion on reinstating that exemption?

1:35 p.m.

Deputy Minister, Department of Citizenship and Immigration

Christiane Fox

In light of the negotiations being bilateral negotiations, I don't want to get into what could be or could not be put on the table. I think what I can say is that we're looking at all elements to improve the STCA, but I wouldn't want to get into specifics just in light of the bilateral conversations that are taking place.

1:35 p.m.

NDP

Jenny Kwan NDP Vancouver East, BC

More specifically, what's happening right now is that Canada is turning away and sending people back who face gender-based claims, for example, or other vulnerable classes of people. They're being turned back because of exemptions being taken away. You can imagine that people who face gender-based violence are being sent back to their country of origin to face gender-based violence because the United States does not recognize it and Canada will not provide an exemption to it.

These are huge problems. The NDP takes the view that the safe third country agreements should be, at a minimum, suspended, if not eliminated. The government should be taking that action.

1:35 p.m.

Liberal

The Chair Liberal Salma Zahid

Ms. Kwan, your time is up. Thank you.

We will now proceed to Mr. Lloyd.

Mr. Lloyd, you have five minutes for your round of questioning. Please begin.

November 18th, 2022 / 1:35 p.m.

Conservative

Dane Lloyd Conservative Sturgeon River—Parkland, AB

Thank you, Madam Chair.

Is deterring asylum claimants who cross at an irregular crossing like Roxham Road a priority of your department and this government?

1:35 p.m.

Deputy Minister, Department of Citizenship and Immigration

Christiane Fox

The message is always that we would like to have people claim asylum at ports of entry in this country. That is our message, absolutely, because it is—

1:35 p.m.

Conservative

Dane Lloyd Conservative Sturgeon River—Parkland, AB

So you would agree that deterrence is one of your priorities.

1:35 p.m.

Deputy Minister, Department of Citizenship and Immigration

Christiane Fox

I would say that we absolutely look to ensure that people take safe passages to claim asylum in this country, yes.

1:35 p.m.

Conservative

Dane Lloyd Conservative Sturgeon River—Parkland, AB

Does your department have any programs to deter people from undertaking this dangerous journey in the first place?