Mr. Speaker, I am pleased to have an opportunity to make some comments on Bill C-57. Certainly it is an issue which I know a fair amount about and I am glad to have the opportunity to comment on it.
Bill C-57 is about a page and a half long. It makes an amendment to our immigration laws. Certainly on the face of it, it should not take very long for any of us to deal with it, whether we are debating it at length or not. Part of our role in Parliament is not just to take something at face value and say that it looks good, it is an area that many of us care about and that we would like to see some improvements to strengthen it. Parliament is about debate and discussion to make things better.
For a bill to pass without our having a full opportunity to debate and discuss it, frankly, would be viewed upon as our not carrying out our responsibilities to ensure that legislation brought forward accomplishes what the intent of it clearly is, and if possible, to go further than that. That means we should look for areas to add further strength in the bill and make sure it is going to achieve the same goals that all of us in the House want to achieve.
I am pleased to take a few minutes to comment on this important issue today in an attempt to move the bill forward to committee so we can ensure that it accomplishes what we all want it to accomplish. The bill is an act to amend the Immigration and Refugee Protection Act, which recognizes quite clearly, “Whereas Parliament recognizes the importance of protecting vulnerable foreign nationals who come to work in Canada from exploitation and abuse”. That is very clearly written into the Immigration Act and I know all of us want to ensure that happens.
This bill proposes to amend the Immigration and Refugee Protection Act to allow immigration officers the ability to refuse or authorize foreign nationals to work in Canada based on if they are considered to be vulnerable persons and/or at risk of exploitation or abuse. That very much is left up to the person who is doing the interviewing.
Currently, the visa officer can explain to individuals that they have certain rights when they go to Canada. The visa officer can hand them pamphlets outlining that they may be asked to do certain things and that they do not have to because they have certain rights under their visa applications. That does not always sink in with the person on the other side of the desk who is fleeing poverty or for whatever reason desperately wants to come to Canada and is willing to take a chance. This bill would end that opportunity. It would give the visa officer the opportunity to decide that the person would be exploited. It gives the officer a huge power. It is something that needs to be seriously looked at.
The bill would also allow immigration officers to determine if granting authorization would be contrary to public policy considerations that the Minister of Citizenship and Immigration has specifically outlined or based on evidence that people are at risk of exploitation. Often it is a feeling that someone gets. When we ask why a visa was refused, the visa officer will say that it was instinct, just a feeling that a certain person would find himself or herself in a vulnerable position. It puts a lot of emphasis and trust on the minister giving visas on judgment.
I do not see where there is harm in doing that as long as we make sure the checks and balances are in place. In reading at least the beginning of this bill, I see it is going to require a second person to comment and that is helpful.
Under the proposed amendments to the IRPA, the Minister of Citizenship and Immigration could issue written instructions to immigration officers giving them the authority to deny work permits to applicants who appear very vulnerable to them. The instructions would be based on clear public policy objectives and evidence that outlines the risk of exploitation that the applicants face.
Written instructions could help identify, for example, individuals who would be vulnerable to humiliating and degrading treatment, including sexual exploitation. All of us as parliamentarians have been around for a few years and we have certainly had an opportunity to hear firsthand about the exploitation of many people who come here on a variety of different permits. They are very vulnerable and do not have a lot of support or resources, or even know where to turn to get help. They often end up in our offices, sometimes even our campaign offices.
These could include low skilled labourers as well as potential victims of human trafficking. Immigration officers would make their decision on a case by case basis. Each application for a permit is always assessed on its own merits.
Without this authority, immigration officers cannot deny a work permit to someone who meets all the requirements to enter Canada, even if they believe there is a strong possibility of exploitation or abuse.
Clearly, if we have licensed establishments that have a labour shortage, and through our process through HRDC, they can apply to have someone come over to fill that shortage. That is a problem for those of us who are trying to find ways of tightening up the system.
Either we start to ban some of these businesses and decide we are not going to have them. But if we have them, we have to recognize that they have the rights under the law to apply for workers to come to their legitimate businesses.
Strengthening these rules will hopefully provide a tool to respond to situations where a permit applicant could be at risk. Again, it puts a lot of effort and a lot of trust into the visa officer who is making that decision.
Here in the House I am sure that all parliamentarians support the protection of human rights and the prevention of exploitation of foreign nationals, and in particular, women who are at risk.
I must point out that we talk a lot about the exploitation of women, but it certainly goes on with the exploitation of many men who are in positions who do not know any other way out. They are fleeing again from poverty, looking for money to send home to their families, and often find themselves doing work that would be quite unacceptable to Canadians who are born here.
I would like to assure Canadians who are watching at home that the Liberal Party is committed to working closely with the international community to prevent human trafficking. Bill C-49 was an excellent piece of legislation that was just enacted at the beginning of 2006 specifically on the issues of human trafficking. We all recognize that it is a very important area that we need to do all we can to prevent that.
Previously, we had made substantial changes to restrict visa applications to temporary foreign workers who we believe to be at risk.
We also endorse the recent Standing Committee on the Status of Women report, “Turning Outrage into Action to Address Trafficking for the Purpose of Sexual Exploitation in Canada”. It calls on the government to do more to address existing systemic problems involving the most vulnerable members of our society. Clearly, on this side of the House we are waiting to see what kind of action the government takes to address those very issues.
As the former chair of the Standing Committee on the Status of Women and throughout my political career at the municipal and the federal levels, I heard heart-wrenching stories from marginalized women who fell victim and also heard many constructive suggestions for solutions to this grave problem.
I believe that we need strong laws to protect the most vulnerable, so I will be supporting sending the bill to committee for further review and study. We need further consultation and possible amendments that I am sure will come from some of the members of the House to strengthen the bill.
Although the intent of the legislation is critical, it no doubt needs to be improved and we will do that at committee, which I hope will be done quickly and hastily.
There are considerations that first must be made to ensure the legislation truly achieves the goal of protecting all foreign workers. This is why I believe it should go to committee and I am confident that the work will get done there.
A serious shortcoming of the bill is that all classifications under the foreign worker program could potentially be adversely affected, including agriculture workers and live-in caregivers. If the bill were enacted as it is written today, these workers would have to be denied entry to Canada, exasperating temporary foreign worker shortages in certain sectors of the labour economy.
Therefore, the committee needs to find that balance to ensure protection and avoid exploitation, but still allow people to come into the country to carry out the needs that we have as far as labour shortages. It must ensure that these people know what their rights are and that they have an avenue to complain, to make changes, and to change an employer if the employer is abusive.
Refusing foreign workers entry to Canada based on the potential risk for abuse does not decrease the demand for these workers. This has the potential to create underground economies which render temporary workers even more vulnerable to exploitation and abuse which is exactly what we are trying to avoid with the intent of this legislation.
We need to ensure that blame is placed on the abusers, not on the victims. This is so important because victims of human trafficking, which my colleague continues to refer to, are often so frightened to come forward and admit what has actually happened to them.
I look forward to the bill being sent to committee, for improvements to be made, and for it to be referred back as soon as possible. I hope that we will be able to work together in a non-partisan way to prevent temporary foreign workers from being subjected to exploitation or abuse in Canada and for people to clearly know that they are welcome.
We need them to come to Canada. We want them to come and do well, and to move forward.