Evidence of meeting #15 for Public Safety and National Security in the 45th Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was section.

A video is available from Parliament.

On the agenda

Members speaking

Before the committee

Kingston  President and Chief Executive Officer, Canadian Vehicle Manufacturers' Association
McGuinty  Acting Vice-President, Federal Affairs, Insurance Bureau of Canada
Hamilton  Director General, Traveller, Commercial and Trade Policy Directorate, Canada Border Services Agency
Lang  Director General, Integrity Policy and Programs, Department of Citizenship and Immigration
Bush  Director General, Immigration and Asylum Policy Directorate, Canada Border Services Agency
Hollmann  Director General, Asylum Policy, Department of Citizenship and Immigration
Calvert  Legislative Clerk

The Chair Liberal Jean-Yves Duclos

Thank you, Ms. Rempel Garner.

As I have already done a few times, in the opinion of the clerk, which I support, this amendment is inadmissible because it amends section 55 of the Immigration and Refugee Protection Act and this section of the act is not amended by Bill C‑12. Therefore, it is the opinion of the chair that the amendment is inadmissible.

Ms. Rempel Garner, please go ahead.

8:15 p.m.

Conservative

Michelle Rempel Conservative Calgary Nose Hill, AB

Thank you, Chair.

I challenge your ruling, and I request a recorded division.

The Chair Liberal Jean-Yves Duclos

Okay, we'll have a recorded division.

(Ruling of the chair overturned: nays 5; yeas 4)

The Chair Liberal Jean-Yves Duclos

We will therefore debate amendment CPC‑8.

Is there any discussion?

Mr. Fragiskatos, the floor is yours.

Peter Fragiskatos Liberal London Centre, ON

I'd like the view of officials, please, so that it's on the record.

8:15 p.m.

Director General, Immigration and Asylum Policy Directorate, Canada Border Services Agency

Brett Bush

I think we should start with the fact that officers have the authority to arrest and detain someone without a warrant, so we need to make sure, when we start talking about discretion that currently exists in the act for issuing an arrest warrant, that the rationale for issuing that arrest warrant in the first place is based on the facts of the case and not on a mandatory requirement.

Second, and from the outset, if we are of the belief that the person is a danger to the safety and security of Canada—if that was the evidence we had—we would be attempting to keep them detained in the first place.

From a CBSA point of view, we believe that this would curtail the officer's discretion to make those decisions. The implications of that from a practical standpoint, in terms of the capacity of places to put these people, will quickly be exposed as an issue as well.

The Chair Liberal Jean-Yves Duclos

Thank you, Mr. Bush.

Ms. Rempel Garner, please go ahead.

8:20 p.m.

Conservative

Michelle Rempel Conservative Calgary Nose Hill, AB

Colleagues, I think it's slightly frightening that the officials just said that there are so many people that requiring officers to do what this amendment says would overflow Canada's detention facilities. That suggests to me that there is a definite breakdown in the system writ large, and that is more justification for this requirement.

Wow, that was quite some testimony there. I'm even more convinced that we need this at this point. Here's the reality, colleagues. The system has shown significant breakdown. The CBSA has lost track of hundreds of non-citizen criminals who have been convicted of serious crimes and are under removal orders. Canadians need assurances that the system is working. We need to restore trust, which polling has shown has been broken, and this amendment will allow us to do that.

Thank you.

The Chair Liberal Jean-Yves Duclos

Thank you, Ms. Rempel Garner.

Is there any further discussion?

It doesn't look like it.

Is the committee in agreement with amendment CPC‑8?

I believe we'll have a recorded vote.

(Amendment agreed to: yeas 5; nays 4)

The Chair Liberal Jean-Yves Duclos

That brings us to CPC‑9.

Would someone like to move that amendment?

Michelle Rempel Conservative Calgary Nose Hill, AB

Yes.

The Chair Liberal Jean-Yves Duclos

Ms. Rempel Garner, please go ahead.

8:20 p.m.

Conservative

Michelle Rempel Conservative Calgary Nose Hill, AB

Thank you, Chair.

I move that Bill C-12 be amended by adding after line 23 on page 18 the following new clause:

39.1 Paragraph 55(3)(b) of the Act is replaced by the following:

(b) has reasonable grounds to suspect that the permanent resident or the foreign national is inadmissible on grounds of security, violating human or international rights, sanctions, serious criminality, transborder criminality or organized criminality.

Colleagues, this is a knock-down effect of our previous amendment, which amended the definition of serious criminality. This would be a harmonizing amendment to that.

I just want to reiterate some of the arguments I made earlier. I think that this is a juncture in Canadian history, particularly when we've seen a massive surge of non-citizens to Canada in the last several years and many media stories.... There are many people who come to Canada. Most of them adhere to the law, and that's great, but we have seen a lot of news stories to the effect that serious criminality among non-citizens is not resulting in the intended effect of the law, and I propose this amendment.

Thank you.

The Chair Liberal Jean-Yves Duclos

Thank you, Ms. Rempel Garner.

Before allowing debate on this amendment, I must inform you of my decision on the matter. It's similar to the one I've already made for other amendments.

Once again, the amendment proposes to amend a section, in this case section 55 of the Immigration and Refugee Protection Act, that is not amended by Bill C‑12. Therefore, it is the opinion of the chair that this amendment is inadmissible.

Ms. Rempel Garner, please go ahead.

8:20 p.m.

Conservative

Michelle Rempel Conservative Calgary Nose Hill, AB

Thank you, Chair.

I challenge your ruling and request a recorded vote.

The Chair Liberal Jean-Yves Duclos

Okay, we'll have a recorded vote on this.

(Ruling of the chair sustained: yeas 5; nays 4)

The Chair Liberal Jean-Yves Duclos

That brings us to CPC‑10.

Would someone like to move that amendment?

Ms. Rempel Garner, please go ahead.

8:25 p.m.

Conservative

Michelle Rempel Conservative Calgary Nose Hill, AB

Thank you, Chair.

I move that Bill C-12 be amended by adding, after line 23 on page 18, the following new clause:

39.1 Paragraph 58(1)(c) of the Act is replaced by the following:

(c) the Minister is taking necessary steps to inquire into a reasonable suspicion that they are inadmissible on grounds of security, violating human or international rights, sanctions, serious criminality, transborder criminality or organized criminality;

Again, I would make similar arguments to the ones I have made in the past, Chair, that the system needs to be tightened. There are too many instances of serious criminality falling through the cracks in Canada, and this amendment is long past due.

Thank you.

The Chair Liberal Jean-Yves Duclos

Thank you, Ms. Rempel Garner.

Again, the chair's ruling is the same as before. This amendment amends section 58 of the Immigration and Refugee Protection Act, which is not amended by Bill C‑12. It is therefore the opinion of the chair that the amendment is inadmissible.

Ms. Rempel Garner, please go ahead.

8:25 p.m.

Conservative

Michelle Rempel Conservative Calgary Nose Hill, AB

Thank you, Chair.

I challenge your ruling and request a recorded vote.

The Chair Liberal Jean-Yves Duclos

Okay, we'll have a recorded vote.

(Ruling of the chair sustained: yeas 5; nays 4)

The Chair Liberal Jean-Yves Duclos

That brings us to CPC‑11.

Would someone like to move that amendment?

Ms. Rempel Garner, please go ahead.

8:25 p.m.

Conservative

Michelle Rempel Conservative Calgary Nose Hill, AB

I move that Bill C-12 be amended by adding after line 23 on page 18, the following new clause:

39.1 Subsection 68(4) of the Act is replaced by the following:

(4) If the Immigration Appeal Division has stayed a removal order against a permanent resident or a foreign national who was found inadmissible on grounds of serious criminality or transborder criminality, and they are convicted of another offence referred to in subsection 36(1), the stay is cancelled by operation of law and the appeal is terminated.

Again, this is related to the concept of strengthening provisions around serious criminality and non-citizen criminals.

Colleagues, I encourage you to support this amendment and provide some strengthening of and confidence in Canada's immigration system.

Thank you.

The Chair Liberal Jean-Yves Duclos

Again, it is the opinion of the chair that this amendment is inadmissible, as it amends section 68 of the Immigration and Refugee Protection Act, but it is not amended by Bill C‑12 .

Ms. Rempel Garner, please go ahead.

8:25 p.m.

Conservative

Michelle Rempel Conservative Calgary Nose Hill, AB

Chair, I challenge your ruling and ask for a recorded division.