Public Safety Committee on Sept. 28th, 2017

[The Co-Chair, Liberal, John McKay]

Ladies and gentlemen, I will call this meeting to order, please.

My name is John McKay. I'm the chair of the public safety committee. Next to me is Rob Oliphant, and he is the chair of the immigration committee. It's an unusual meeting, of two committees meeting together to hear what you have to say.

Formally, I have to open on behalf of the public safety committee, and my friend Rob Oliphant has to open formally on behalf of the immigration committee.

[The Co-Chair (Mr. Robert Oliphant (Don Valley West, Lib.)), Liberal, Rob Oliphant]

We're now starting a second meeting.

I welcome everyone to the 71st meeting of the Standing Committee on Citizenship and Immigration.

We welcome all of our witnesses and thank you for coming on relatively short notice to this special meeting.

For the first hour of the meeting, Mr. McKay will be the chair; then we'll turn it over to me. If, however, anything goes on in the meeting that is a procedural issue, if it arises from one of the members of the public safety committee, John McKay will be the chair of that part; and if any procedural issue comes from one of the members of the immigration committee, it will be my responsibility.

We'll go over to John.

[The Co-Chair, Liberal, John McKay]

I'd like to call upon our witnesses to go in whichever order they choose.

We are going to be a bit hawkish about time, because we have two hours, and this is a very important subject. When we signal, then, that time is up, I would appreciate your respecting that.

I also encourage all hon. members who tend to look away from the chair when their time is expiring to pay attention to the signals of the chair.

With that, I will ask whoever is the lead to introduce himself or herself and their fellow witnesses.

Thank you.

[Patrick Tanguy, Assistant Deputy Minister, Government Operations Centre, Emergency Management and Programs Branch, Department of Public Safety and Emergency Preparedness]

Thank you, Mr. Chair. My name is Patrick Tanguy. I'm the assistant deputy minister responsible for emergency preparedness and programs at the Department of Public Safety and I'll be the first one to speak.

First of all, I want to give members an overview of the role of the Department of Public Safety.

Public Safety is responsible for providing leadership relating to emergency management in Canada and ensuring a coordinated response to events affecting the national interest, including terrorism and human-induced and natural disasters.

In 2004, following a wide range of emergencies, the Government Operations Centre was created by the Government of Canada in order to provide a centralized, stable, 24-7 facility to coordinate and support a whole-of-government response to these events. As such, the Government Operations Centre is the principal means by which the minister of public safety exercises a leadership role in establishing an integrated federal approach to emergency response, as mandated in the Emergency Management Act.

The mandate of the Government Operations Centre is to support response coordination of events affecting national interests, as I was saying previously. It is—and it's important to focus on this—an interdepartmental, response-focused asset of the Government of Canada, working in support of departments and agencies at the national level.

The Government Operations Centre is charged with the following functions: to provide definitive national-level situation awareness to partners and senior decision-makers; to provide 24-7 watch and early warning for government, and in support of partners' mandates; to ensure a whole-of-government response capability; to ensure the efficient use of Government of Canada strategic assets and, when offered, provincial and territorial assets. This is a key asset for the minister and the deputy minister community to get the mechanisms and advice to support their direction.

During operations, the governance of the Government Operations Centre is in accordance with the federal emergency response plan.

What is the federal emergency response plan? It is the Government of Canada's all-hazards response plan, designed to harmonize federal emergency response efforts with those of provinces, territories, non-governmental organizations, and the private sector. The plan outlines the processes and mechanisms to facilitate an integrated Government of Canada response to an emergency.

I will now take a little time to talk about the situation in Lacolle.

In early 2017, there was a notable increase of migrants seeking refuge in Canada through Emerson, Manitoba. That trend did not ease at all during the following summer months and the number of asylum seekers increased significantly, particularly near the border crossing at Saint-Bernard-de-Lacolle, in Quebec

The increase in the number of asylum seekers created significant strain on the resources available to federal authorities, who play a key role in process processing asylum seeker claims, and on provincial authorities, who provide lodging, medical and social services.

Last August 4, the Government Operations Centre activated an event team to ensure the ongoing whole-of-government coordination of the federal response to manage the influx of asylum seekers arriving in the area of Saint-Bernard-de-Lacolle. Subsequently, from August 4th to August 28th, departmental liaison officers and subject matter experts from the Canada Border Services Agency, Immigration, Refugees and Citizenship Canada, the Public Health Agency of Canada, Public Services and Procurement Canada, the Royal Canadian Mounted Police, and Shared Services Canada arrived at the Government Operations Centre to identify key requirements for interim lodging, a triage centre and a joint processing centre.

On August 7, the province of Quebec requested federal assistance for temporary shelter for the asylum seekers. That same day, the Minister of Public Safety and Emergency Preparedness and the Minister of National Defence promptly accepted the Quebec government's request for federal assistance in dealing with the asylum seeker situation.

It is important to recognize that the Government Operations Centre, the GOC, is working closely with all the partners.

I would like to close with a word on the role that the GOC will play in the strategic response plan.

Based on the lessons learned from the events at Lacolle, and in cooperation with the responsible departments and agencies, we are developing contingency plans so that we are able to respond as well as, or better than, we did before, to another influx of asylum seekers.

I will finish there, Mr. Chair,

[The Co-Chair, Liberal, John McKay]

Thank you, Mr. Tanguy.

We have Joanne Crampton from the Royal Canadian Mounted Police.

[Assistant Commissioner Joanne Crampton, Assistant Commissioner, Federal Policing Criminal Operations, Royal Canadian Mounted Police]

Good morning, Messrs. Chairs and honourable committee members. Thank you for the invitation to speak to you this morning concerning the RCMP's roles and efforts with regard to the current situation of irregular migration.

Before addressing the specific situation in Quebec, I would like to explain the RCMP's enforcement role and place it in context as part of a larger response, with federal partners, to the influx of asylum seekers we have been experiencing.

The RCMP is responsible for border security and enforcing the laws between the ports of entry. To do so, we employ a layered approach involving the targeted deployment of resources and technology, intelligence and information analysis, and leveraging our domestic and international partnerships.

The RCMP's primary objectives are to prevent, detect, and disrupt cross-border criminality, as well as to respond to other cross-border activities. We meet these objectives by working closely with federal counterparts, such as the Canada Border Services Agency, as well those from the United States, including U.S. Customs and Border Patrol and U.S. Homeland Security Investigations.

In border enforcement, the RCMP is at the front line, and for the most part represents the first point of contact for individuals intercepted between the points of entry who are making a refugee claim. In all cases, the RCMP must put the safety and security of Canada at the forefront while also ensuring the welfare and well-being of those attempting to enter the country.

As we all know, Canada has requirements for entry either through standard immigration processes or for refugee claims. Failure to report upon entry is an offence under section 11 of the Customs Act, and any individual who commits an offence may be arrested and subject to removal, detention, fines, or imprisonment. Individuals intercepted by the RCMP are arrested, after which a risk assessment is conducted, including an interview and background check to determine whether there has been any involvement in illegal activity, such as drug trafficking or possession of contraband, or any connection to organized crime or terrorism.

It should be emphasized that the RCMP does not simply intercept and then turn individuals over to the CBSA. A significant amount of time is taken to confirm identity and assess activities to ensure that there is no threat to Canada or Canadian interests. If threat verification is negative, the claimant is then referred to the CBSA for appropriate processing.

In the last several months, Canada has been experiencing a spike in asylum seekers, particularly in Quebec and to a lesser extent in Manitoba and British Columbia. From January to August of this year, the RCMP intercepted 13,211 people entering irregularly to make a refugee claim. The majority of intercepts—11,896—have occurred in Quebec. In July and August alone, just over 8,500 individuals were intercepted in the Saint-Bernard-de-Lacolle area of the province. To put this into perspective, total RCMP “between ports of entry” intercepts across the country for 2016 were approximately 2,500 people.

As Canada's national police, the RCMP is present across the country, which allows our organization to adjust enforcement efforts and resources relatively quickly. The RCMP has significantly increased the number of resources allocated to border protection. Additional resources are on the ground in Quebec and have been for several months, to provide the required RCMP presence and monitoring, which includes conducting regular patrols along the Quebec-U.S. border.

In particular, resources have been deployed near the area of Roxham Road, as this is the point where most irregular crossings are occurring. Currently, the RCMP maintains a 24-7 presence at this location, with temporary facilities and additional infrastructure that have been set up to facilitate processing of the irregular arrivals, including a satellite detachment in close proximity to CBSA, which allows for promoting efficiencies in overall processes.

As previously stated, our primary goal is to protect the safety of Canadians and the integrity of our border. I am confident in the ability of the RCMP and the partners here today to work together to do so while upholding Canada's long-standing commitment to being a nation that welcomes those in need. Officials are working diligently to ensure that our response is effective as things continue to evolve, and that interdepartmental work that has been undertaken to date is commendable.

Thank you for the opportunity to speak to you today.

[The Co-Chair, Liberal, John McKay]

Thank you.

Now we have, from Canada Border Services Agency, Jacques Cloutier.

[Jacques Cloutier, Acting Vice-President, Operations, Canada Border Services Agency]

Thank you, Mr. Chair.

It is a pleasure for me to be here today on behalf of the agency and to have this opportunity to contribute to your joint committee study of arrivals between Canada's ports of entry.

My name is Jacques Cloutier, and I am acting Vice-President of the agency's operations branch.

As members of both committees are aware, the CBSA has a dual mandate to facilitate travel and trade at the border while protecting the safety and security of Canadians.

Together with Immigration, Refugees and Citizenship Canada, the CBSA administers the Immigration and Refugee Protection Act, which governs both the admissibility of people into Canada, and the identification, detention and removal of those deemed to be inadmissible under the act.

All persons who seek entry to Canada must demonstrate that they meet the requirements to enter and to stay.

Mr. Chair, now I would like to turn the focus of this special joint committee meeting to the arrival of asylum seekers who travel between designated ports of entry from the United States. In our communications and outreach we continue to emphasize that coming to Canada in this fashion is both a violation of the law and potentially dangerous.

At the same time, in accordance with Canadian values and our humanitarian tradition, individuals who seek asylum in Canada must be treated with compassion and afforded due process under the law.

Rigourous immigration and customs rules must be followed, which the agency continues to apply to protect Canada's border while respecting domestic and international obligations.

Those who enter Canada outside of ports of entry are arrested by the RCMP or local law enforcement, and are brought to CBSA officers at a port of entry for processing.

Asylum seekers undergo a rigourous process to determine whether or not they have a legitimate claim according to Canadian and international law.

Our robust security screening process includes interviews with claimants and the collection of information and biometrics to help us confirm their identity.

CBSA officers further examine records for any immigration, criminal, or national security concerns against Canadian, international, and other partner databases.

No one leaves the port of entry without completing this initial security screening and in cases of concern, the interviews are treated entirely at the port of entry.

All eligible claimants are assessed by the Immigration and Refugee Board. If the IRB determines that they are not in need of Canada's protection, the CBSA may remove them from Canada. Many federal government departments, along with provincial and local partners, are working together to address the current situation at the Canada-U.S. border.

We are making every effort to ensure that adequate resources are available at key locations to address volumes. We are using all of the technology, intelligence, and partnerships at our disposal to monitor and respond to the demand.

With IRCC, the agency has put in place contingency plans to redeploy staff and expedite intake processing. The agency has deployed resources to the regions of highest activity between ports of entry, such as Saint-Bernard-de-Lacolle.

To effectively manage the volume of arrivals, asylum claimants who have cleared security and health-related checks are moved inland, where IRCC and CBSA officers continue the process to determine their eligibility to claim asylum.

Given the influx of asylum claimants, we have increased our capacity on several fronts in Montreal. We have more than tripled our daily processing output.

To conclude, Mr. Chair, as key partners in the admissibility continuum, we continue in close collaboration with our partners to give this situation all the attention it deserves.

Merci.

[The Co-Chair, Liberal, John McKay]

Thank you, Mr. Cloutier.

Finally, from the Department of Citizenship and Immigration, Michael MacDonald, Paul MacKinnon, and Louis Dumas.

[Michael MacDonald, Director General, Operations Sector, Department of Citizenship and Immigration]

Good morning. I'd like to thank the committee chairs for inviting us to speak today, and Chairs, noting the time, I will be brief.

My remarks today will focus on Immigration Refugees and Citizenship Canada's operational efforts in response to the asylum seekers arriving in Quebec this past summer.

For claimants who enter between ports of entry, IRCC's role is to assist the CBSA in the eligibility determination process after individuals crossing the border have been intercepted by the Royal Canadian Mounted Police.

Eligible claims are then referred to the independent, quasi-judicial Immigration and Refugee Board, the IRB, who hear the asylum claim.

Last spring, when we began seeing an increase in the number of intercepts and refugee claimants, IRCC and the CBSA began to reassign staff and expedite processing to alleviate backlogs in determining asylum claimants' eligibility to be referred for a hearing to the Immigration and Refugee Board.

In our department, IRCC, we increased our capacity in the following ways. We opened a new floor and reception room at our Peel Street joint processing centre in downtown Montreal, allowing us to process more than triple the output of claimants every day. IRCC also set up operations at a temporary processing centre at Complexe Guy-Favreau in downtown Montreal, and we have expanded this facility to include a dedicated service counter to help those who have already completed their application forms to come in and reschedule their interviews with IRCC for an earlier date. Thus far, more than 2,400 asylum seekers have used this dedicated service counter, and we launched it on September 5.

Through these measures, we are working to reduce the wait times for eligibility interviews from a few months to a few weeks, after which eligible claims are referred to the IRB.

This timely scheduling of eligibility interviews is crucial because in order to apply for an open work permit, an asylum seeker must first have their initial eligibility interview, have their claim referred to the IRB, and undergo an immigration medical examination.

To also help ease pressures, IRCC has begun to fast-track all work permit applications across Canada from asylum claimants with a commitment to process these within 30 days. In most cases, asylum claimants become eligible for interim federal health program, IFHP, coverage only after an officer has determined that their claim is eligible to be heard before the IRB. IFHP coverage is now available to asylum seekers who enter Canada between ports of entry in Lacolle, and are being processed on or after June 1, for those who have not yet had an eligibility interview.

To date, more than 5,600 persons have been issued this interim federal health program coverage under this special provision.

In closing, Chairs, IRCC, with the CBSA and all other partners in the federal family, continue to address irregular migration in accordance with Canadian and international law and in keeping with our values of an open and welcoming country.

Thank you again for giving me the opportunity to speak with you today.

[The Co-Chair, Liberal, John McKay]

On behalf of the committees, I'd like to thank each of you for your testimony but also for your respect for the time limitations. I'm rather hoping that members will have similar respect for time limitations.

There is a parallel process. The immigration committee and the public safety committee have exactly the same processes, and so the first seven-minute rounds will go Liberal, Conservative, NDP, Liberal; and then the five-minute rounds, Conservative, Liberal, Conservative, Liberal, NDP.

I'm going to call on Madame Zahid for the first Liberal seven-minute round.

[Salma Zahid, Liberal, Scarborough Centre, ON]

Thanks to all the witnesses for coming and providing information on this important issue.

My first question is about the border between Canada and the United States. It's nearly 9,000 kilometres long. It includes lakes, mountains, farmers' fields, and even towns. Is there any realistic action that could be taken that would prevent irregular border crossing?

[The Co-Chair, Liberal, John McKay]

Did you direct that to the RCMP?

[Salma Zahid, Liberal, Scarborough Centre, ON]

I think it would be for the RCMP, because you control....

[A/Commr Joanne Crampton]

In terms of investigations, and in terms of border security, we already use a lot of different techniques and deploy a lot of people to work on the border itself. A lot of those techniques are privileged information so I wouldn't be able to speak to them, obviously, for investigative and security reasons, but we do carry out security all along the border, whether on lakes or on land.

[Salma Zahid, Liberal, Scarborough Centre, ON]

So we should be assured that proper measures are being taken?

[A/Commr Joanne Crampton]

Absolutely.

[Salma Zahid, Liberal, Scarborough Centre, ON]

My next question would be for the IRCC.

Is there any evidence that asylum seekers are not getting a fair and impartial hearing in the United States, or that any of the terms of the safe third country agreement have been breached?

[Paul MacKinnon, Assistant Deputy Minister, Strategic and Program Policy, Department of Citizenship and Immigration]

I can respond to that, Mr. Chair.

It's our view that the U.S. refugee determination system is fair and credible, and there is nothing happening with the U.S. refugee determination system that would cause us to be concerned about the safe third country agreement as it now stands.

[Salma Zahid, Liberal, Scarborough Centre, ON]

Are all the conditions for the safe third country agreement being met?

[Paul MacKinnon]

Indeed, yes.

[Salma Zahid, Liberal, Scarborough Centre, ON]

Has there been some assessment done on that case?

[Paul MacKinnon]

Yes, we do a review of the situation in the U.S. on a regular basis. We look at their refugee determination system, and we look at their policies around immigration broadly. We did one just a few months ago, even after the executive orders came out, and we maintain that their system is fair and does not affect the safe third country agreement as it now stands.

[Salma Zahid, Liberal, Scarborough Centre, ON]

My next question is also for the IRCC. Could you please outline the responsibilities that Canada has under the United Nations 1951 Convention relating to the Status of Refugees and the 1967 Protocol relating to the Status of Refugees, as well as under Canadian law, when a person within Canada's borders makes an asylum claim?

[Paul MacKinnon]

Generally, Mr. Chair, we have to respond to the convention and ensure that folks are not being returned to mistreatment or torture. We look in great detail at the conditions that they are claiming exist in their home country. The IRB, as an independent body, will ensure that this person is not going back to any type of persecution, whether that be torture or mistreatment.

I would provide that as a general response, Mr. Chair. We can certainly give you the exact details and share that with the committee.