Madam Speaker, I rise today to debate at second reading Bill C-316, an act to amend the Immigration Act and the Transfer of Offenders Act.
Congratulations to my hon. colleague from Cambridge for bringing forth a bill to amend the Immigration Act that will take steps to ensure that those who came to this great country Canada and refuse to abide by the laws are not permitted to stay. This bill if adopted will make Canadian streets safer.
Canada has a proud tradition and reputation not as a country that merely tolerates immigrants, but rather as one that welcomes them with open arms. It is no secret that this great country was built by immigrants and that the vast majority of people that come to this country today continue to make an honest and meaningful contribution to our ever evolving Canadian society.
As you are aware, the law has always recognized that serious criminality is grounds for deportation and the Immigration Act provides the mechanism to facilitate this. Bill C-316 in no way attempts to undermine or contradict the current Immigration Act but rather to improve, streamline and broaden some of the regulations that exist in the current act.
It is important to recognize that this government is concerned about addressing serious crime by non-citizens and has taken steps to ensure removal of these types of offenders. This past spring the House passed Bill C-44 which limited the rights of serious criminals to appeals under the immigration system. These offenders will also no longer be eligible for any form of early release or parole.
Bill C-316 if adopted will complement the accomplishments of Bill C-44. The bill will fill in many of the cracks and loopholes that still exist between sentencing and the deportation hearing. Bill C-316 will permit a court at the time of sentencing of an offender convicted of a serious offence with a penalty of 10 years or more to make a deportation order at the same time. Offenders may appeal within the criminal process but will no longer have access to the appeals process under the Immigration Act.
There have been concerns that this process may be an infringement on the rights of the offenders, but this bill does not create any new or special offence or any new distinction between citizens and non-citizens. The distinctions already exist under the Immigration Act. The offender is already subject to criminal sanctions and deportation. Bill C-316 merely puts both matters in the hands of the courts. There are also two important additional measures contained in this bill worth noting.
First, the bill addresses how to proceed with offenders who came to Canada at an early age. It is recognized that many people immigrate at an early age and for one reason or another have not become a citizen. For this reason there is a provision in the bill that
would exempt a person who has immigrated to Canada prior to their sixteenth birthday and who has had no criminal convictions in five years previous to the offence in question.
Second, the bill provides for the transfer of offender by court order to their country of origin to serve their sentence if the reciprocal conditional release provisions exist. Under the Transfer of Offenders Act, a transfer can currently happen only upon the request of the offender. This bill removes the decision from the offender and places it in the hands of the judge.
In this bill, as in many private members' bills intended to amend existing legislation, there are procedural and substantive issues which arise. Several of my colleagues raised some of these concerns today during debate. Issues to be addressed relate to the procedure of deporting dependents of convicted offenders, the training that will be necessary for judges in these cases and the possible constitutional challenges.
We must keep in mind that what we are debating here is the principle of this bill. No one can argue that the intent and principle of the bill is not valid and that we as legislators have a responsibility to develop and enact legislation that will make Canadians safer. Bill C-316 will achieve this principle.
The hon. member for Cambridge has expressed his willingness to work in co-operation with the Minister of Citizenship and Immigration and the standing committee to address any procedural or substantive concerns that may arise.
In conclusion I would like to restate my support for Bill C-316 in principle and call upon my fellow parliamentarians to do the same. The member for Cambridge is attempting to make the streets safer. The people of Canada deserve no less.