Mr. Speaker, it is my pleasure to speak to Motion No. 120 by the hon. member for Calgary Northeast advocating the elimination of the Immigration and Refugee Board.
Let us examine that which is to be destroyed by this motion. The IRB, an independent administration tribunal, was to identify those who need our protection as convention refugees.
In 1989 the IRB was established so that refugee claimants would have the right to a hearing in order to explain their claim personally. This resulted following a supreme court decision which indicated the claimants had a right to an oral hearing when questions of credibility were at stake. As well, the IRB was formed in order to respond to charges that the former system was not impartial. A return to the former system would only lead to the same criticism and legal challenges which plagued it.
The IRB is comprised of three divisions. The refugee division of the IRB deals exclusively with claims to convention refugee status. Before the division comes into the picture, a senior immigration officer of Citizenship and Immigration Canada determines whether a claimant is eligible to claim convention refugee status. If eligible, claimants are referred to the IRB for determination. Claims are usually heard by a two member panel, although in a number of situations decisions can be made by a single member.
The IRB also plays the key role in adjudicating all immigration inquiries. This is handled by the adjudication division of the IRB which is mandated to conduct immigration inquiries and detention reviews. Inquiries are held at the request of department officials to determine whether persons are to be admitted to or removed from Canada.
The appeal division of the IRB is in charge of handling appeals by Canadians citizens or permanent resident sponsors in cases where the department officials have rejected an application for permanent residence made by a close family member.
It also handles appeals for removal orders issued by the board's adjudication division or department officials against permanent residents, visa holders or convention refugee claimants who have been convicted of a serious crime in Canada, who have made a material misrepresentation on their application for permanent residence, or who have not complied with the terms and conditions of their landings.
As well, the appeal division handles appeals by the Minister of Citizenship and Immigration against decisions of the board's adjudication division. The minister may reject or admit the subject of an immigration inquiry.
As everyone can see from this description, the IRB performs an extremely important and complex function. Transferring the IRB's function to the department would not be a small feat. It would be expensive and would not add anything positive. Most important, it would seriously compromise the impartiality of the refugee determination process.
We must do everything possible to avoid a perception that refugee determining officers are seen as simply doing the will of the government of the day. Impartiality is imperative. The independence of the IRB ensures the principles of our charter of rights and freedoms are preserved.
Our charter provides that everyone has the right to life, liberty and security of the person, and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
Refugee status determination requires particular skills and expertise. It requires personnel who have knowledge and understand-
ing of the refugee experience. Departmental officials could be trained to do the job of IRB members, but we must keep in mind current members were selected because they already had many of the qualities necessary for the job.
As such, there would in essence be no sense in moving these positions to the department. Moreover, regardless of whether the IRB were dismantled, the qualities required of refugee decision makers would not change one bit. The bottom line is that transferring the functions of the IRB to the department would mean significant and unnecessary expenditures and would also compromise the impartial nature of the refugee determination process which the IRB performs so effectively. This latter point is crucial. It is the reason I must reject the hon. member's motion.
It is important to be aware that the previous Minister of Citizenship and Immigration recently introduced changes to the IRB. This includes downsizing the IRB from 175 members to 112 for a cost saving of $6 million. Also, an independent panel will be set up to choose new IRB members and reappoint current ones. The selection process prior to this change was previously the responsibility of the minister.
This is evidence that the IRB is continually reacting to a changing environment and is evolving. The need to evolve however does not imply that we should dispose of the entire system. If there is a problem, we fix it. We make changes. We do not mindlessly destroy what is already created and in place.
To destroy and dismantle will not solve anything. It will not accomplish a thing. This government has worked hard ever since its inception to make sure that Canada's refugee determination system is fair, to be certain that it is affordable and that it is also sustainable. The changes that have already been made to the IRB are a clear example of this. We have an excellent refugee program that will only continue to improve.