moved that Bill C-44, an act to amend the Immigration Act and the Citizenship Act and to make a consequential amendment to the Customs Act, be read the third time and passed.
Mr. Speaker, I extend a warm word of welcome to all my colleagues as we resume this very important session of Canada's Parliament.
As we said in the immigration plan last November 1, the focus in immigration policy must be nation building and people and not criminals and their despicable deeds. It is time to get back to what we do best, building a nation that is strong and free.
However, the actions of a small criminal element that has infiltrated our immigration system have occupied our time and the public's attention for far too long. The actions of a few have
hurt the reputations of many. Logically we must respond to the few so that we may protect the many and uphold our laws. Bill C-44 accomplishes that twin goal.
There can be no equating the words criminal and immigrant. Immigrants helped build this country and are the men and women who have made history and the men and women who will help us build Canada's tomorrows. Criminals are only the riff-raff of society who are not even a footnote in the history of our proud immigration tradition.
Members on all sides of this House are to be congratulated on the speedy work in getting this legislation, Bill C-44, before the House of Commons at third reading. A special thanks to my very able parliamentary secretary, the member of Parliament for Halifax, as well to the committee members of my caucus who went well beyond the normal working days on this important piece of legislation.
The bill comes back with a number of amendments that will clarify timeframes, technical points and a transition period. This is very much a case in point of how this government first listens and then acts. Quite simply, the amendments to the immigration act that we are dealing with today in Bill C-44 will move us a significantly long way toward restoring integrity to our system.
The bill is an enforcement tool set. It allows us to fix some worn equipment without shutting down all the machinery.
I know there are those who would use criminal behaviour by a few as an excuse for draconian law. For those people, we have not gone far enough. To them I simply say, this government was not elected to shake a chainmail fist or wield a big stick.
Then there are those who say that we have gone too far, that we have reacted too strongly against the actions of just a few wrongdoers. To those Canadians let me say that although the criminal element that has intruded into the immigration process is tiny, it is at the very same time very destructive.
As a result the government has struck a middle course between those extremes. A balanced, realistic middle course is often the wisest course, for it takes us away from the rocks of extremism and reaction while steering us clear of the dead waters of those who would do nothing.
This legislation is a central component of our ten-year immigration strategy. It is not the most important part, but it is one of the two underpinnings that will make it successful. Fair access and the rule of law are the two principles embodied in our plan which was tabled on the floor of the House of Commons last November 1.
Those who abuse our nation's hospitalities and laws will not be given the privilege of access. It is simple: play by the rules or face the consequences. Canadians do not want any more queue jumping, any abusing of the system or any manipulating of the system. Most certainly we on the government side will strive to prevent criminals from taking the places of both legitimate refugees and legitimate immigrants to Canada.
The tools being provided here through Bill C-44 will allow law enforcement officials to get the job done. While I am on the subject of tools and law enforcement, let me pay tribute to the special police, RCMP and immigration task force that was recently established. It is making steady progress at removing foreign criminals from our midst. While the task force does not have any direct linkages with the legislation before us today, it is very much part and parcel of our resolve to restore integrity to the immigration and refugee process. That task force was also a response to our citizens' demands and needs and that task force is very much getting the job done. My government colleagues and I are very appreciative for those professional efforts.
I want to say in a straightforward, non-partisan way, that past governments, and that is governments in the plural, simply let too many people in the door without proper legislation in place to stop criminals.
Let me recap quickly for our colleagues in the House today the main points in this legislation.
First, serious criminals deemed to be a danger to the public will not be allowed to claim refugee status as a means to delaying their removal from Canada. For instance, we will not tolerate any longer those cases that we have read about in our newspapers or watched on our television sets in which a convicted murderer serving time in Kingston penitentiary now is able to compel the Immigration and Refugee Board to travel to that penitentiary to listen to an obviously unworthy refugee claim.
Second, appeals against removal orders by persons convicted of series crimes will be decided by the minister or the minister's designate and not by the immigration appeal division.
Third, senior immigration officers will be allowed to terminate refugee hearings because of criminality.
Another common sense application is if once the refugee process has started and subsequent to that starting information comes to the fore that the individual has committed a serious offence, we will now be able to stop that refugee hearing, move
it into an immigration inquiry hearing and proceed with the evidence provided before that tribunal.
If the information we receive is validated, that individual will be subject to deportation rather than any refugee hearing. Again, it is a practical response to some of the cases that over the last number of years have certainly caused much public attention and some public grief.
Four, this legislation will also give immigration officers the authority to seize identity documents from international mail if it is clear they are meant to be used to circumvent immigration and other Canadian requirements. As well, senior immigration officials will also be able to turn formerly deported people away from our borders if those individuals are attempting to come back to Canada without proper permission. This will now be done without having to go through the inquiry procedure that at present is mandated on those officials.
Fifth, it will ensure that persons with summary convictions, whether obtained inside Canada or abroad, would be inadmissible.
Furthermore, thanks to the co-operative spirit shown in this House by members opposite in allowing me to propose a new amendment at report stage, this legislation will prevent the release on day parole and unescorted temporary absences of inmates who face deportation following the completion of their sentences.
It is our firm belief that because these foreign criminals are not going to be reintegrated into Canadian society, there is no need to let them work slowly back into our Canadian communities. Once again, this is a common sense practical step forward. For this I would also like to thank for their co-operation Canada's Solicitor General and Canada's Minister of Justice.
Bill C-44 will also allow us to stop the processing of citizenship while that same person is undergoing an immigration inquiry. Once again, this is a practical step forward in which the right and the left hands will work in conjunction with each other as opposed to being in a vacuum apart from each other.
As I mentioned earlier, this government is prone to listen before it acts. As a result of our listening to the committee work, there are also a number of changes before the House today. Some involve the transition while others are designed to prevent costly and time consuming court challenges based on the scope of authority the bill gives to senior immigration officials.
Of a more substantive nature is the definition of what constitutes a serious crime. We propose to remove the right of appeal to the immigration refugee board on all grounds-I underline all grounds-for individuals certified to be a danger to the public. This means that those who have committed a crime involving violence, weapons, sexual assault or drug offences that are punishable with a sentence of 10 years or more will no longer be able to tie up our system.
They would retain their right to seek judicial review in the federal court. Of course humanitarian issues would be considered by the minister or the minister's designate when a decision has been rendered.
Persons not considered such a danger would retain their right of appeal on all grounds, including the humanitarian grounds, to the immigration appeal division.
This is good legislation and it will go a long way to removing the stigma that a few wrongdoers have placed on all immigrants. There is no welcome mat in this country for thugs and evildoers. They can stay right where they are.
We know that Canadians are a tolerant and compassionate people. These are some of the values that have allowed us to build the kind of society we are, distinguishing us from other countries and societies.
The public frustration and exacerbation expressed from time to time are very much aimed at those who have twisted the rules or those who have broken covenants with Canada. Accordingly Bill C-44 targets those people.
The problems we faced required the legislative action we are taking today. Let me be very clear: the porch light is on and the welcome mat is out for those who are genuine refugees, those who are escaping brutality and torture in their countries, individuals who are not only seeking out Canada as some would have us believe but seeking out other countries of the world. They are seeking no more or no less than the things we have in abundance in Canada. The porch light is on and the welcome mat is out for those who want to help us create jobs and continue to build this great nation.
Let us get on with it, for there is much nation building to be done.