I understand the minister because those people, obviously, are not Canadian citizens. But they are still citizens of the world who have a right to benefit from the treaties that Canada has ratified and that allow them to seek asylum.
Once again, what we are seeing with Bill C-49 is that the public safety minister can designate as irregular an arrival in Canada of a group of persons, who then become designated foreign nationals. Designated foreign nationals who claim refugee or protected person status will be treated differently from other asylum seekers. The fact that different applicants would be treated differently is what we found to be unacceptable in Bill C-11. In Bill C-49, a different status is created for these designated foreign nationals.
If they are denied refugee status, they have to wait five years before they can apply for permanent resident status. In the meantime, their claim could be re-evaluated to determine whether they can return to their country.
They cannot travel outside Canada or apply for permanent resident status or citizenship for five years. Consequently, they cannot sponsor members of their family, such as their spouse or children. Designated foreign nationals who have been denied asylum cannot appeal to the new refugee appeal division, only to the Federal Court. They also will not have access to health benefits that other refugees can access through the interim federal health program.
And so, not only is the principle of fairness—which says that all refugees have access to the system—being called into question, but asylum seekers who arrive in a group will be in a sort of legal vacuum for five years, which will strip them of the same rights given to asylum seekers who follow the usual refugee process. Just because a group of people arrives, that does not mean that they are not legitimate refugees, and the Bloc Québécois feels that this categorization would be extremely prejudicial to them.
The acceptance rate for refugee claims by Sri Lankan Tamils is 80% on average, and there is no indication that the situation in Sri Lanka will change and that it will be deemed that their lives are not in peril.
It must be understood that the Bloc Québécois' objective has never changed and has always been to oppose categories based on the origin of claimants or how they arrived here, because Canada has signed international treaties. Therefore, these people can make a claim, but that does not mean it will be accepted. We need an analysis process that is effective and quick. For that reason, the Bloc Québécois asked for the current process to be revised and for an appeal division to be set up so these individuals would have the opportunity to assert their rights. It must be effective, and we have to invest the money needed to do that.
The Conservative ideology was bolstered by the arrival of a large number of refugees, which received extensive media coverage. The Conservatives decided to make this their priority and to set aside all the opportunities they had to modernize the current process through Bill C-11.
This does not bode well for future discussions. In fact, the legal vacuum created for this category of designated foreign nationals, who are not yet classified as refugees, keeps these designated foreigners in legal limbo for five years, when they file a claim for refugee or protected person status. During that time, they cannot apply for permanent residence or family reunification. Consequently, they cannot sponsor members of their family or their spouse. Furthermore, they are not free to move or to enjoy all the rights that other claimants may have.
As I mentioned, Canada's international and constitutional obligations are important. Not only does this bill run counter to its international obligations under at least three treaties it has signed, but it also contravenes the Constitution and the Canadian Charter of Rights and Freedoms, which states in subsection 15(1):
Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
Which includes how they get to Canada.