Mr. Speaker, I truly am very disappointed that I will not have my full 10 minutes, but I appreciate the fact that you have given me six to seven minutes to talk about how I oppose the bill.
While I say that I oppose the bill, like my colleague from Edmonton—Leduc, I would like to tip my hat to the minister for being here throughout the entire debate. When we are looking at the importance of discussing ideas and trying to come up with the best legislation for the country, it is great that we can have this type of debate.
With that said, now that the hugs are over, I will move forward with my opinions on Bill C-31. New Democrats see this as an omnibus refugee reform bill that combines, in our opinion, the worst parts of the former Bill C-11 in the 40th Parliament and the current Bill C-4.
We see the main purpose is to repeal most of the compromises from the former Bill C-11, Balanced Refugee Reform Act, that received all-party support and royal assent in June 2010. It reintroduces Bill C-4, the human smuggling bill and introduces the collection of biometrics for temporary residents.
The naming of safe countries and the restriction of refugee rights, concentrating the power to determine safe countries in the hands of the minister, under the former Bill C-11, was to be done by a panel of experts including human rights experts. While we all can agree with the minister, we want to ensure that there would be a panel and human rights experts involved in this process, because no one is perfect. We want to ensure that immigrants could see that we do not leave it in the power of one person.
Refugee claimants from safe countries would face extremely short timelines before hearings, 15 days I believe. They would have no access to the new appeal division and no automatic stay of removal when filing for a judicial review. They would not be allowed to apply for a work permit for 180 days. The bill would also limit access and shorten timelines to file and submit a pre-removal risk assessment application and evidence.
In terms of restricting access to humanitarian and compassionate considerations, I do not think anyone would agree with that. Unfortunately, we are seeing this being pushed through by the government. A refugee claimant could not apply for H and C while the claim was pending for one year after a failed claim, in which time he or she would likely be deported. The bill would make it easier to terminate refugee protection if circumstances changed. This could apply to any legitimate refugee who had not yet become a citizen, potentially affecting tens of thousands of permanent residents. This would contravene international norms on the treatment of refugees and add uncertainty to individuals for years after their arrival. We have talked about how we have always been a progressive country in terms of immigration. I do not think that the bill, even though it may have been well-intended on the government side, does that.
Arbitrary designation of irregular arrivals and their mandatory incarceration is something that we on this side of the House definitely do not agree with. Bill C-31 reintroduces most of the provisions of Bill C-4, which are widely condemned by refugee advocates and likely unconstitutional. It would allow the minister to designate any refugee arrival of a group of two or more as irregular. We can use the examples of the Sun Sea and the Ocean Lady. These irregular arrivals would face mandatory detention for up to one year if they were age 16 and over, or until a positive refugee decision was made, whichever came first.
Irregular arrivals could not apply for permanent residency for five years or sponsor their family for five years. They would have no access to the new refugee appeal division. This designation would create an unfair two-tier refugee system, one for regular refugees and one for irregular arrivals.
Looking at the background of this, the former Bill C-11, the Balanced Refugee Reform Act, was supported by all parties in the last Parliament. Several compromises were made to the original bill, largely through the work of the member for Trinity—Spadina and the NDP. It made it acceptable to us and other opposition parties.
These compromises included establishing a panel of experts to determine safe countries, allowing access to appeal for designated nationals and those from designated safe countries, and greater timeliness for the start of the appeal process. Bill C-31, unfortunately, repeals almost all of these compromises.
What would we like to see from an immigration bill, something like C-31 specifically? We do not think the Conservatives have been effective at gaining support for this legislation by promoting fear and talking about the threat of refugees. I do not think anti-immigrant and anti-refugee rhetoric, such as “bogus claimants”, “queue jumpers” and “criminal elements”, does anything to help any of the immigrants coming to Canada. However, I think civil society is solidly against these changes to refugee reform. Experience in other countries, such as Australia for example, show that measures such as these do not have a deterrent effect.
These measures target and punish legitimate refugees. Refugees should not be subject to political manoeuvring, but should be given fair and compassionate treatment. All of those who seek protection should be given equal rights, with equal rights to appeal. No country is free from persecution. This is especially true of women and gays and lesbians fleeing violence and persecution.
To summarize, refugees have the right to a fair hearing. The right to appeal is critical for vulnerable claimants at the mercy of an inconsistent and often arbitrary Immigration and Refugee Board. We do not believe that the bill will accomplish that.
I am sure I will have a few minutes on another day to continue, but with that I do wish everyone a very Happy St. Patrick's Day tomorrow and a great constituency week.