Mr. Speaker, it gives me great pleasure to address the House of Commons today on the issue of Bill C-316, an act to amend the Immigration Act and Transfer of Offenders Act, tabled by the hon. member for Cambridge.
There is no doubt that Canada is one of the most welcoming countries in the world for those emigrating for family or business reasons and for those fleeing persecution around the world. Because of this tradition, the people of Canada were awarded the Nanson medal by the United Nations high commissioner for refugees, a recognition of the entire nation's outstanding efforts on behalf of refugees.
We all want to preserve this tradition. However, it has become apparent in the past few years that a system that was designed to be fair, compassionate, and open became overburdened with the number of applicants waiting to come to Canada. The system showed signs of breakdown. Cracks began to appear. Some immigrants and refugees were being processed who perhaps should not have been. Many immigrants who had arrived as youngsters may have found themselves in their teens or early twenties in the midst of a recession and perhaps with a lack of opportunities.
Any society during tough economic times sees the crime rate rise as people become frustrated. Several high profile horrendous crimes that were prominently reported in the newspapers involved non-citizens. I think of the tragic shooting deaths of constable Todd Baylis and Georgina Leimonis. Canadians began questioning what had gone wrong. Why had these young men with lengthy criminal records slipped through the cracks?
When this government was elected it promised to make homes and streets safer places for all Canadians. In response to our promises and to address the problems demonstrated by these high profile crimes, the Minister of Citizenship and Immigration introduced Bill C-44. This bill took steps to eliminate the cracks that had previously appeared in the immigration and deportation systems.
My hon. colleague from Cambridge has been moved by the letters and interventions from constituents in his riding, young
and old alike, and has therefore taken the initiative to learn what could be done and to respond with legislation on the issue.
The highlights of Bill C-316 can be summarized as follows. The proposed bill aims to improve the way in which deportations of violent offenders who are non-citizens are carried out. The bill enables the court, in addition to any other sentence, to order the removal of a non-citizen convicted of an offence punishable by 10 or more years. The bill accelerates the deportation process, thereby saving Canadian taxpayers much money.
The bill does not apply to anyone arriving in Canada prior to 16 years of age as long as that individual remains free of criminal convictions for a period of five years. We must, as Canadians, take responsibility for some of those who are raised in our society.
Foreign offenders could be returned to their country of origin if reciprocal conditional release conditions existed and if so ordered by the courts. Currently an offender is transferred if he agrees to be transferred.
I too have heard from constituents on this issue. Many are outraged over the senseless killings of constable Baylis and Ms. Leimonis. I support the general intent of this bill and I believe it to be in keeping with both our immigration and justice policies.
I do have some concern that the dependants of individuals would also be subject to removal. This perhaps could be an area that could be revisited on a case by case basis as the practical implications are considered.
It is my understanding that provisions allowing the judge to order the removal of offenders is something that may be considered by the Department of Citizenship and Immigration at some future time. While some of our hon. colleagues have difficulty with the constitutionality of this provision, some say that such treatment would discriminate between citizens and non-citizens. Non-citizens are, under the law, subject to removal in any event under the current immigration policies. This bill only provides for an expedient and cost efficient alternative as to who might make this removal order. I do recommend, however, that safeguards be built in as to the ability to avoid plea bargaining to avoid the removal order. I would like to see some provisions that the removal order not be dealt with in conjunction with the sentence.
I certainly support the addition of the clause that provides for exception for those offenders who entered Canada before the age of 16 years and who have been free of criminal conviction for five years. This is fair and in keeping with our immigration policy principles. I refer to the situation of Mr. Clinton Gayle, who came to Canada at a young age and was under a removal order. It was over two years old. While Mr. Gayle may have been socializing in Canada, it was determined that he should be removed. These removal orders must be dealt with immediately.
The bill before the House does not deal explicitly with the issue of enforcement and process. One can conclude that if an offender is in custody and has been sentenced and a removal order made, the offender will not be released back into the community. Deportation of undesirables who have no respect for the laws of our country and who jeopardize our safety and security should be removed. This should be done swiftly, surely and immediately.