Mr. Speaker, I am speaking today because Bill C-4, An Act to amend the Immigration and Refugee Protection Act contains a number of elements that truly bother me.
One of those elements is the clause allowing for the detention of a permanent resident or foreign national simply on the basis of reasonable grounds to suspect—and I would like to emphasize the word “suspect”—that the person is inadmissible because of their involvement in serious or organized crime. That could lead to major problems and to various abuses of the system.
First, any refugees arriving here without having been granted status from Citizenship and Immigration Canada—and goodness knows there are plenty of delays—will mandatorily be detained when they arrive. That flies in the face of numerous international conventions signed by Canada, including the UN Convention relating to the Status of Refugees, which states the following in subsection 31(1):
The Contracting States shall not impose penalties, on account of their illegal entry or presence, on refugees who, coming directly from a territory where their life or freedom was threatened in the sense of article 1, enter or are present in their territory without authorization, provided they present themselves without delay to the authorities and show good cause for their illegal entry or presence.
Bill C-4 directly contravenes this article of the convention signed by Canada.
Second, these changes to the Immigration and Refugee Protection Act will give too much discretionary power to the Minister of Citizenship, Immigration and Multiculturalism. These changes will allow the minister to proceed with arbitrary detentions. As I mentioned earlier, the government will be able to detain refugees on the simple pretext that they are suspected, but not accused, of criminal activities. There is an important distinction between the two. The government could detain, without valid proof, any refugee who looks suspicious to the Minister of Citizenship, Immigration and Multiculturalism. This could obviously lead to serious abuses.
Arbitrary detention also runs counter to the Canadian Charter of Rights and Freedoms, according to the Supreme Court of Canada which struck down arbitrary mandatory detention without review of security certificates. Once again, this amendment directly contravenes many international treaties signed by Canada.
The government says that this bill will reduce human trafficking. That is a noble cause and no one opposes the principle. However, the NDP opposes Bill C-4 because these changes concentrate far too much power in the hands of the Minister of Citizenship, Immigration and Multiculturalism. Furthermore, the bill penalizes all refugees who arrive in Canada, but takes no action against the traffickers.
What the NDP would like to do is directly punish the criminals, the traffickers, also called human smugglers. Bill C-4, as currently worded, punishes legitimate refugees and the people who try to help them. The process set out in this bill is vague, arbitrary and clearly discriminatory.
In closing, the current government is actively destroying Canada's fine international reputation, which includes being a country that welcomes immigrants. This must stop.