That is fine, since in any event Mr. Harris has addressed the main elements of the objections that prompted us to propose this amendment.
Once again, I want to clarify something. Sometimes, people think we introduce a few amendments just for the joy of introducing them. But when we look at what the amendment adds and combine it with the section as proposed by the government, it gives the following text: "Despite subsection (1.1), the officer shall refuse to authorize the foreign national to work in Canada if the refusal is justified on the evidence and by the public policy considerations that are specified in the instructions given by the Minister."
The only thing we are adding is from the standpoint of natural justice and with that objective. I think that in Canada's characteristics, questions of natural justice are still important. We are simply adding the worlds "on the evidence and by the public policy considerations", this is the only addition to this clause we are proposing. It seems self-evident to me. When a decision is to be made in a situation like this, in addition to public policy, the evidence has to be included in the instructions given by the Minister. Therefore, in terms of the evidence needed under clause 206, there has to be...
Once again, this is not something cosmic, it does not completely change the system, it will not shake Canada to its foundations. If we are really going to protect exploited people, we want a hearing to be held. It has to be based on the evidence that would be presented to the officer who is to make the decision. That is self-evident.
I am also sorry that we could not be talking about an independent adjudicator. It seems that this would change the effect of the bill. For an officer to make a decision that is then reassessed by an officer in the same department seems to me to be a somewhat redundant and not particularly transparent situation.
So in other words, I bow to the decision by the committee chair, who I would also note is doing a good job. It is not easy to do what we are doing here and it is less easy still for the committee chair.
This is not a huge amendment. It is being presented simply to provide clarification. It is covered by the completely reasonable principles that apply to administrative law and fairness.