Mr. Speaker, I rise on behalf of the people of Surrey Central to participate in the debate on Bill C-11, an act respecting immigration to Canada and the granting of refugee protection to persons who are displaced, persecuted or in danger.
The purpose of the bill is to replace the Immigration Act of 1976. The current bill takes into account various facets of the standing legislation and attempts to make the legislation much stronger. While the legislation may be well intended, our analysis shows that the outcome will not serve its stated purpose. That was very eloquently mentioned by our chief immigration critic in his speech a while ago.
Before I analyze the speech in depth, I would like to tell the House and Canadians who are watching that I am a new immigrant to Canada.
The Canadian Alliance and I respect the multicultural diversity of our country. I and my party also respect the contribution made by immigrants to our great country. Canada is a country of immigrants.
Contrary to remarks made earlier by some members in the House during debate, our policies are pro-immigration. I would remind the House that approximately two to three years ago I moved a motion at the immigration committee that the discriminatory head tax should be removed. Government members in committee opposed the motion. The government has taken away the head tax on refugees. The discriminatory head tax still continues for immigrants. That shows that I and my party supported the right measures whenever we needed to.
In the past I spoke to Bill C-31 a few times, probably at all readings. In my first speech three years ago I used the analogy that we should open the front doors to immigrants but diligently monitor them. I also mentioned that we should close the back doors, including the windows and ventilators.
Today in the House the minister used my analogy. She said that she intends to open the front doors and close the back doors. However, I believe that by messing with the act she has lost the opportunity to fix it again. She has not opened the front doors, nor has she been able to close the back doors.
I will justify what I am saying. The minister has installed a third door in the House, a revolving door. The people who enter through the back door are stuck in a revolving door in Canada. People trying to immigrate to Canada through the front door are also stuck in the revolving door, as are their sponsors. There are unnecessary delays. People are harassment on medical grounds. Those people suffer various kinds of harassment.
The minister has not been able to open the front door or close the back door, but has instead installed a revolving door in the bill which will cause further problems.
I will talk about the kind of approach we should take to the immigration legislation. We need an immigration system that is faster, but we also need fairness in processing. We need a system that shows openness to newcomers but also addresses abuse of the system. We need a system that demonstrates clearly our social and humanitarian values but gives due consideration to Canada's economic interests. Therefore we need a balanced immigration and refugee legislation to meet our immigration needs.
On the weekend, at the consultations in Ottawa for the World Conference Against Racism, the statement by the immigration and refugee caucus expressed huge dissatisfaction with Bill C-11. According to the statement, of which I have a copy, the criticisms are due to issues ranging from negative language and stereotypes to discrimination against certain groups. They also mentioned the lack of protection for stateless persons and the detention and imprisonment of children.
The statement also highlighted that Bill C-11 falls short of Canada's international commitments to human rights. I was surprised when I saw that even at the World Conference Against Racism the legislation was not appreciated. It received criticism from all over, including from the auditor general.
The bill has little transparency. So many things in it are not clear. The lack of real enforcement behind the legislation will ultimately cause more trouble than the legislation it purports to replace, simply due to a lack of clarity in the bill and its reliance on a myriad of regulations.
The bill has not addressed the discriminatory head tax placed on prospective immigrants. It also has not addressed the recognition of foreign academic credentials by the immigration department, by other departments and by industry.
The recent supreme court ruling also has serious implications on any power the minister of immigration had in the past to deport people. Therefore the efficiency, effectiveness and toughness of the bill is nullified.
The bill allows extended absence from Canada. It will limit the number of humanitarian and compassionate applications to one per year. As well, the sponsorship period for new prospective immigrants has been reduced from 10 years to 3 years.
Some things in the bill are reasonably good but let us see how we can make the existing system work. The way the Liberals run our immigration system is like a clogged plumbing system in a house. It needs to be cleaned up and made workable. Improvements, additions and elimination of overlap need to take place.
Staff at immigration postings is in short supply, inadequately trained and overworked in coping with the demands. That creates unacceptable delays and mess ups.
An important aspect of the bill is security. Staff problems also create security risks, as we have seen with Mr. Lai Changxing, the accused kingpin smuggler. He landed in Canada through queue jumping and was not detected by the visa officer. There is also the example of a fellow who came to Canada with an active case of tuberculosis and exposed some 1,500 people to the deadly bacteria.
Having enough well trained staff to enforce the legislation is a must in order to effectively do the job. Visa officers, our frontline defence team, need to be properly trained to identify undesirables from immigrating to Canada. They should have clarity of law and a clearer criterion for processing immigration cases. In her speech the minister mentioned front end screening. This security clearance check only applies to refugees and not to immigrant applicants. This is what we heard when department officials gave us a briefing.
There is no indication in Bill C-11 as to whether or not staff will get the proper training to enforce this security clearance check. The bill contains no deterrent from repetitious fraudulent applications that cause endless paperwork for our visa officers.
There have been numerous incidents of fraud by the staff, particularly locally hired staff, in our foreign missions abroad. In certain instances they can make more money than their whole year's salary by defrauding a single immigration case. There is no punishment in the bill for the applicants or the staff committing fraud.
The bill promises to deliver better enforcement of security measures for both refugees and immigrant applicants, but there is no plan of action set out in the bill to explain how it will work.
There should be mandatory communications among the RCMP, CSIS and other international criminal investigation units. I do not see anything mentioned in the legislation about that. That is very important, particularly in the light of the question during question period about someone who came to Canada without being detected at the entry port.
The auditor general is critical in his report that this type of communication is imperative. Mr. Lai Changxing may never have got into the country if there was communication with Interpol because he was one of the most wanted persons on the Interpol list.
No one should be allowed into Canada without proper checks concerning the possible risk they may pose to our country. That is a legitimate request that we have for the minister.
Immigration into Canada should be simple: either they meet the criteria or they do not. It is one of the two. There is nothing in between. Either they meet the criteria or they do not meet the criteria.
Immigration is an important aspect. We have to look into the bill very seriously. If we do not meet the immigration targets or quotas promised by the Liberals in any given year it is not a crisis. Quality must not be compromised or sacrificed for quantity. We have to be careful who are coming to Canada. Of course we welcome genuine refugees with open arms. We welcome immigrants with open arms, but it is the bad apples we are talking about that should not be entitled to come to Canada and put our citizenry at risk.
The government should be encouraging open and accountable discussion that needs to take place between CIC, Health Canada, HRDC, DFAIT, as well as the provinces and non-government immigration organizations, the NGOs. It is missing that opportunity with its proposed changes to the bill.
The criminal code would include human trafficking and smuggling as federal offences for a change. Conviction of this offence would be life imprisonment or a fine up to $1 million. Repeated offences of these crimes, such as possessing fraudulent passports, visas or any other travel documents, would also receive monetary fines and jail time. That is a good thing in the bill.
The bill proposes a very stiff penalty for human traffickers.
Individuals convicted of political crimes or other serious crimes can now be considered for risk of removal assessment. This may turn Canada into a haven for those criminals.
In regard to refugee processing, one of the key changes proposed in this bill includes referring refugees to the immigration refugee board within three working days. However, the processing time of the claim will remain the same, at 90 days or more. Our experience has shown that the UN convention relating to the status of refugees is simply too vague. The refugee definition needs to be clear.
Most Canadians know what a true refugee is and we support doing our part to help those who are truly in need. Keeping them clogged in the system is not helping them, especially when they are found not to be genuine refugees and are deported. Their lives are ruined after so many months or even years.
I know this from practical experience in my own constituency. I have been dealing with about 45 refugee cases where those refugees are in the revolving door I mentioned; they have been in the revolving door for seven, eight, nine or ten years. In the meantime, they cannot unite with their families, they cannot work properly and they cannot have peace of mind. They are in the revolving door. They do not see the world the way the rest of us do.
The bill also gives refugees as well as refugee applicants full charter protection, so if someone is either denied access to Canada or is refused refugee status for any reason, he or she is entitled to a full set of appeals. It is like the layers of an onion; he or she can keep peeling one layer after the other. It also means he or she is given full rights as a citizen of Canada. No other country in the world does that, not a single country in the world.
The bill of course provides an elimination of appeal for those who are serious criminals, for people who present security risks, are members of criminal organizations or war criminals, and for both fraudulent and seriously criminal applicants.
Health testing is another important ingredient for prospective immigrants when they come to Canada. There is no provision in this legislation to update the standard tests performed on all immigrant applicants, nor is there anything in the bill to increase the number of department physicians, either here in Canada or abroad in our missions. There are currently 22 department physicians, 11 here and 11 abroad. These physicians are responsible for the paperwork at the completion of the health testing. They are also responsible for contracting out to local physicians who do the actual testing.
These standard tests I am speaking of are up to 40 years old. We know how the world has changed in 40 years and how technology has evolved, particularly in the medical field, in the last 40 years. Often, local doctors abroad are not aware of the criteria that need to be met for admittance into Canada.
Foreign local doctors also need to be periodically audited to ensure that no form of malfeasance is occurring. There have been many complaints in my constituency office about the ethics of the testing physicians abroad, from bribery to all kinds of malpractice.
Currently Canada will accept applicants who do not pose a danger to the Canadian public or place a strain on the Canadian health system. A list of what conditions and ailments we will and will not accept is needed and it is not in the bill.
There is nothing to streamline medical testing for families. I have seen a number of cases in my constituency office where medical testing of all family members was not co-ordinated. They tested one member of the family, waited for three or four months and then started processing. By that time, the medical testing has expired. Then they went on to the other members. They keep on juggling the medical tests, sometimes for four years. I have one applicant in my constituency office whose family has been medically tested three times. They passed every time. Each time they had to go for medical tests it cost them money, real money in their country's local currency. It not only puts unnecessary financial strain on prospective immigrants but also causes long delays.
As I am running out of time, Mr. Speaker, let me sum up.
Under discretionary powers in the bill, the dual intent of the applicant is now recognized. That means someone can be a visitor to Canada and an immigrant to Canada at the same time. I believe this will put a strain on the visitor visa. The visitor visa, which is never addressed in any of the legislation, will have serious problems.
Without a more open system and a far more communicative department, the bill will not achieve its intended goal.
There are no set standards for operation of any of our overseas offices.
The health standards, as I mentioned, have not been updated.
In the end, I would like to say that the Canadian Alliance would increase the number of staff, as I mentioned earlier.
Bill C-11 promises to modernize the selection system, but unless the amendments are accepted we will be unable to support the bill.