Mr. Speaker, the Bloc Québécois is opposed to motion Motion No. 422 because the choices we make are first and foremost societal.
Is it from this perspective that we will deal with this motion aimed at barring from Canada any refugee claimant who might have made the mistake of setting foot in the United States, Australia, New Zealand or any European Union country before showing up at our border.
Refugees are trying to escape bloody regimes or situations where their life and the lives of their family are at risk. It is our duty as a modern and democratic society to show our openness and generosity in the way we treat those who consider Canada a haven of peace and security. These values are just as fundamental for Quebecers as for Canadians. It is incumbent on us to welcome those who are desperately seeking a peaceful and safe place to live.
The rights of refugees must be respected, in spite of demands for increased security, which seems to be the rationale for this motion. The Alliance member wants to amend the current Immigration Act to deny consideration of claims by refugees coming from countries listed in the amendment, which are considered safe.
Therefore the member wants Canada to suspend the Geneva convention on the protection of refugees. The Bloc Quebecois rejects this demand both with regard to claimants born in the countries listed and those who, coming from elsewhere, transited through any of those countries.
The notion of safe third country which underlies motion Motion No. 422 can be summed up as follows: the refugee claimant must necessarily ask for asylum in the safe country he transited through in order to get to the country where he wants to make his claim. Otherwise, he would be turned down flat.
For instance, if someone coming from Iraq or Zimbabwe were to go through the United States to enter Canada, his refugee claim would be automatically rejected; it would not even be considered in Canada because this individual should have claimed refugee status in the United States, which is considered a safe third country. This individual would not have the right to appeal in Canada.
The notion of safe third country raises some concerns. Some countries do not have the same criteria for the selection of refugees, even though they generally abide by the provisions of the convention. However, the high commissioner for refugees is very clear: for such a mechanism to be acceptable, one must first ensure that, in those countries, refugee claimants have indeed access to procedures allowing them to exercise their rights.
The motion says “all countries that are members of the European Economic Union”. How can such a broad list be proposed, particularly since some European countries just recently signed the Convention relating to the Status of Refugees and are not very familiar with all the obligations it imposes upon them. The adoption of a list of safe third countries as proposed in Motion No. 422 is unacceptable, because we refuse to have refugees sent to a country that does not have the same criteria as we do or does not comply with the convention.
The notion of safe third countries presupposes that an agreement has been ratified between Canada and these countries, but no such agreement exists at this time. The unilateral list proposed by my colleague from Surrey North was established without these countries being invited to take part in negotiations on that issue, and such an agreement cannot be entered into without careful consideration. Motion No. 422 establishes a list without any formal process, which brings me to say that the Canadian Alliance's proposal is rather simplistic.
To explain the serious reservations we have concerning the notion of safe third countries, it would be appropriate to briefly remind members of certain major differences between the policies of Canada and the United States with regard to the refugee status determination process, differences which surely reflect the values of our neighbours to the south.
The biggest difference between the two countries is that, in the United States, the immigration tribunal hears refugee claims under an accusatorial process. An attorney is there to oppose the claim on behalf of the U.S. government. In Canada, the process is considered non-accusatorial. A refugee hearing officer is there to question witnesses and help the tribunal reach a decision.
Another major difference is that claimants without documentation are systematically detained in the United States. In Canada, detention is considered exceptional. As the U.S. has hardened its refugee policy for security reasons, we can say that being granted refugee status in the United States clearly becomes quite an achievement.
Moreover, adoption of a safe third country policy would deprive us of the power to direct our own refugee policy, harmonizing it with U.S. policy, for instance. Canada's policy on refugee claimants would be based on the U.S. policy and would be subordinate to it. It is a source of pride to us that Canada's policy differs greatly from that of our neighbours to the south when it comes to certain countries. Cuba is a good example of this.
Promoting the notion of a safe third country means making Canada's refugee policy subservient to that of the Americans. It is surprising that an Alliance MP would be promoting such a loss of Canadian sovereignty, in this case relating to refugee protection.
Many refugee claimants pass through the U.S. to come to Canada, an estimated 40%. Thus in 2000-2001, more than 11,000 people seeking asylum passed through the United States to get here. Our neighbouring country is often an unavoidable stop on the way for someone wanting to make a refugee claim in Canada.
Why choose Canada? There are many reasons. Certain individuals may prefer to claim refugee status here for personal reasons, for example because they have family here or because they are francophones. Moreover, Canadian values such as generosity and compassion are attractive. Contrary to the United States, Canada permits access to legal aid and social welfare or allows an individual to study or to work during the refugee status determination process. In a lot of cases, the transit country is only instrumental.
Those who flee their country seldom have the opportunity to choose their itinerary. They have to use the means available to them when the situation is urgent. Closing Canada's door to those refugee claimants who have been unfortunate enough to come here via the wrong country is abandoning the attitude of openness that is characteristic of this country and its people. This motion really sounds like “no, not in my backyard”.
The motion before us is disturbing in many respects. Members certainly know that countries have allies for better and for worse. Such is the case with the United States. Throughout history, because of their interests in certain countries, the United States have often supported, openly or not, discredited dictatorships. Chile is a case in point.
In the early 1970s, General Augusto Pinochet, with the blessing and support of the United States of America, removed the democratically elected President of Chile, Salvador Allende, with a military coup d'état. Following the assassination of the Chilean leader, a great many people fled the country for fear of physical reprisals.
More than 7,000 Chileans and other Latin American refugees were admitted to Canada since 1973. Had we passed a motion similar to Motion No. 422 prior to the overthrow of the democratic Chilean government, it would have been impossible for these people to have found refuge in Canada. How many of them could have trusted American intelligence services, filed an application and have it accepted in the United States, when this country had supported the repressive machine in Chile?
This parliament must respect the necessary balance between the need for security and Canada's obligations toward immigrants and refugees. Canada, as a part of its duties and responsibilities as a democratic society, must be open to immigrants and refugees.
Painting all refugees as a den of potential terrorists is an attack against democracy, because it is often their struggle for democracy that forces them to seek exile and to flee dictatorships and escape from regimes of terror.
In closing, by opposing Motion M-422 , we are standing with those who are the most oppressed, we are being true to our values, and we are choosing to defend freedom.