Mr. Speaker, I rise on behalf of the people of Surrey Central to participate in the report stage debate on the motions in Group No. 2 to amend Bill C-11, an act respecting immigration to Canada and the granting of refugee protection to persons who are displaced, persecuted or in danger.
While the bill contains much needed changes to the Canadian immigration system, it also has a series of serious flaws, no matter what the weak Liberal government tries to tell Canadians about the new legislation. It can participate in all the propaganda and sugar coating it wants, but Bill C-11 will not deliver what it intends to deliver without proper enforcement, management and accountability.
Earlier the NDP member from Winnipeg Centre spoke to the first group of amendments. I do not believe he believed in what he said in his speech. The lack of clarity, prudence and real enforcement behind the legislation, despite its wrong tone and content, would ultimately cause more troubles than the legislation it purports to replace.
There is far too much reliance on 89 pages of regulations to interpret the legislation. Much of what is in the regulations could be drafted into the new legislation. The regulations essentially give the minister the option of running the department any way that she or he sees fit. This is not accountability or transparency by government.
The weak Liberal government has a habit of governing not by legislation but by regulations. It not only makes legislation undemocratic but makes it complex and opaque. Being the past co-chair of the Joint Standing Committee on Scrutiny of Regulations I can say that with certainty. The regulations cannot be debated in parliament, so I call it governing through the back door.
Let me make it absolutely clear to everyone, including those who have taken the time to watch the debate on TV, that the Canadian Alliance policies are pro-immigration, but we do not want ineffective legislation passed in the House.
The hon. member for Dauphin—Swan River, the hon. member for Blackstrap and I as members of the citizenship and immigration committee attempted to make amendments to make the legislation effective and workable, but the Liberals refused to co-operate. Most of our amendments were rejected by the Liberal dominated committee.
There is history to indicate that the arrogant Liberal government will not accept most opposition amendments to any bill. It has blatantly refused to accept amendments from the opposition to Bill C-7, the youth criminal justice act which we debated a few days ago.
Bill C-11 would replace the 25 year old Immigration Act, 1976. The previous act has been a mess. That is why in many of the constituency offices of MPs major workloads are arising from mismanagement by the department. Sixty to eighty-five per cent of the resources in constituency offices are utilized in many ridings by immigration alone, and that is not fair.
I have difficulty understanding why politicians have to be involved in visitors' visas, for example. MPs are elected by Canadians and represent Canadians, not people in other countries. It should be the responsibility of the immigration officers abroad to make fair decisions, not the politicians but those well-trained immigration officials.
Surprisingly the Liberal candidates, or even the failed candidates, made promises to people to get visitors' visas issued. They should be immediately stopped from making any representations on behalf of Canadians to the immigration officials in our embassies and high commissions abroad. Ministers continue to abuse ministers' permits to oblige their Liberal friends for political support.
In this group there are four amendments.
Motion No. 5, moved by the Canadian Alliance, deals with the inadmissibility clause 34 of the bill. It replaces line (d), “being a danger to the security of Canada” with “being a threat to the security of Canada as defined by section 2 of the Canadian Security Intelligence Service Act”.
There is no definition of danger or threat to the security of Canada in the act. It is left to the subjective judgment. Therefore, this amendment is very important.
The opinion of those government agencies and officials with expertise in security must be heard and employed. It should not be ministers or politicians who should decide on political lines. The decision should be made by experts, based on facts and logic.
CSIS, RCMP and other law enforcement agencies know who is a risk and who is not a risk. They should be the authority in the area, not the weak Liberal minister.
That is why the finance minister and the international co-operation minister should not have attended the fundraiser by the organization said to be the front for Tamil tigers based on advice from CSIS. That is why this weak Liberal government should not have ordered to shred the report called “Sidewinder” written by a frontline officer, Brian McAdam. He is contacted for advice on security issues by the United States, Australia and many other countries. However, at home the Liberal government applied political pressure and had that report shredded.
Bill C-11 is weak with respect to security risks. It allows for front end security screening, but it only applies to refugees, which in some cases is a physical impossibility. Front end screening does not apply to applicants in general.
The bill promises to deliver better enforcement of security measures for both refugee and immigrant applicants, but there is no plan of action set out in the bill to explain how this will work. No one should be allowed into Canada without proper checks as to his or her risk to the security of our country.
There are no provisions in the bill for improved communications between visa officers, law enforcement and international criminal investigative units. Communication among the RCMP, CSIS and other international criminal investigation units should be mandatory and employed immediately. The auditor general pointed out in his most recent report that this type of communication was imperative. However, without a more open system and a far more communicative department, the bill will not achieve these goals.
We have seen Lai Changxing, the accused kingpin smuggler, land in Canada through queue jumping. He was not detected by the visa officer by even a simple background check. Then there is the example of the fellow who came to Canada with an active case of tuberculosis and exposed some 1500 people to the deadly virus.
Motion No. 6 was also moved by the Canadian Alliance. It deals with loss of status by replacing line 1 in clause 50.
At present, there is no linkage between CSIS and the Department of Citizenship and Immigration. Information from SIRC is presently not utilized. CSIS may make mistakes which oversights people's rights. The whole purpose of an appeal may be defeated just because of that. SIRC reviews cases, and it is an oversight committee over CSIS. It could take away power from the minister. Probably that is the reason why many Liberals will not support this. I urge them to look at the merit of the amendment and how effective this will make the bill.
Motions Nos. 7 and 8 were moved by other parties. Motion No. 7 deals with right of appeal. This amendment will delete some clauses and replace some others. Motion No. 8 will add something to clause 64 that a permanent resident would be allowed to state his or her case before being subjected to deportation or refusal of entry, when CIC that saw fit to allow them into Canada in the first place after due processing. These amendments are important.