Madam Speaker, I am pleased to participate in the debate on Motion M-389, tabled by the hon. member for Calgary Northeast and proposing the dismantling of the Immigration and Refugee Board. The Reform Party member is proposing that the IRB be dismantled and that refugee claims be heard and decided by immigration officers.
Thus, the refugee determination process would become the responsibility of the Department of Citizenship and Immigration. The IRB was established on January 1, 1989, following a 1985 Supreme Court ruling in the Singh matter. The highest court in the country then ruled that all refugee claimants had the right to an impartial hearing according to the principles of natural justice. In other words, a purely administrative hearing process for refugee claimants was found to have violated the standards of natural justice and the Canadian Charter of Rights and Freedoms.
In becoming a signatory to the Geneva Convention on refugees, Canada pledged to protect people in distress and not send them back to a country where their lives or their freedom would be in danger. As regards refugees, the Immigration Act recognizes the need to fulfil Canada's legal obligations on the international scene, and to maintain our traditional humanitarian attitude towards displaced and persecuted persons.
Contrary to what happens in the case of immigrants, when Canada rules that a claimant is indeed a refugee, it does not grant a privilege: it recognizes a right. The refugee determination process must remain separate from the immigration policy. The decision to grant refugee status or to refuse it must be taken by an independent body. The process must be objective and non political. The asylum seeker has the right to be judged by a fair and impartial tribunal.
The rules of natural justice stipulate that those who make the decision must be neutral and impartial. The principle of equity must also be applied. I believe the IRB meets that requirement. However, I have strong criticisms to make regarding this administrative tribunal. I will mention two.
On numerous occasions, the IRB was accused, rightly so, of being a haven for patronage appointments. I myself asked questions in the House regarding that problem. At the request of the Bloc Quebecois, the Standing committee on Citizenship and Immigration reviewed the appointment of several board members. We have found that the Liberal Government mimics almost exactly the patronage style of the Conservatives they criticized at the time. This erodes the credibility of the IRB still further.
The other serious problem within the board relates to the length of time it takes for a case to be heard. The process ought to be a rapid one, but I recently visited the Montreal IRB where people have to wait more than six months until their hearing. Last September, in Quebec, close to 11,000 claimants were waiting for their IRB hearing, nearly half of the total 23,000 claimants in all of Canada, not to mention that this past October alone, another 1,200 new claimants were added to that figure in Quebec.
This problem must be solved. The turnaround time must be shortened, and must include a proper hearing and the possibility of a review. The flaw in the present system lies precisely with the appeal process, or rather the lack of it.
In Quebec there are currently some 16,000 refugee claimants. The total figure is decreasing in Canada, but has risen 40 per cent in Quebec. Quebec has no jurisdiction over refugee matters; it is the federal authorities who control entry and the refugee determination process. It generally takes between 18 and 24 months, although sometimes it may drag on for several years-far too long.
The Canada-Quebec agreement calls for the transfer of federal funds to the province for immigrants and permanent residents. As long as refugee claimants have not been accepted, Quebec foots the bill.
I might add that some 15 per cent of recognized refugees cannot get permanent resident status because they cannot afford the $975
immigration fee required for each application, or because they cannot obtain official identity papers from their country of origin. In the meantime, they receive help from Quebec Social Services.
The cost of the various public services provided to refugee claimants by the Government of Quebec is over $200 million just for this current year.
I believe that Ottawa ought to reimburse that amount to Quebec, indeed all costs relating to those seeking asylum, since it is the federal government that controls this process. This is a necessary measure if Quebec is to continue its humanitarian tradition of welcoming refugees.
I add that, in the medium and long term, immigrants and refugees contribute much more than they receive at the start.
I would like to say a few words about the draft agreement on asylum seekers initialled November 27, 1995 by representatives of the American and Canadian governments. The document is causing a lot of controversy among NGOs involved with refugees. It fails to properly protect the rights of those seeking asylum. The United States interprets the definition of refugee more narrowly than does Canada.
I have tabled a motion whereby the Standing Committee on Citizenship and Immigration would hear witnesses and prepare a report on this agreement.
I therefore ask the Government of Canada to delay the final signing of this agreement, planned for February, to enable the committee to conclude its hearings. In any case, the agreement is not supposed to come into effect until the end of 1996.
The Bloc Quebecois opposes the abolition of the IRB. Despite its shortcomings, which we have criticized on a number of occasions, it has an important job to do in connection with the international obligations provided in the Geneva convention on refugees, of which Canada is a signatory. It is the highest administrative tribunal in the country deciding on applications for asylum in Canada.
For all these reasons, we will vote against Motion No. 389.
Finally, I would like to wish Merry Christmas and Happy New Year to all my colleagues in this House and to all members of staff.