Debates of Feb. 10th, 2023

Immigration and Refugee Protection Act

[Tako Van Popta, Conservative, Langley—Aldergrove, BC]

Madam Speaker, indeed, this creates a big challenge for Canada. The Supreme Court of Canada recently ruled that so-called ISIS brides must be returned to Canada, and furthermore, that even men who fought for ISIS or Daesh, if Canadian citizens, have the right to come back to Canada pursuant to section 6 of our Charter of Rights and Freedoms. That is the section of our charter that states that we all have the right to stay in Canada, leave Canada or, if we are out of Canada, to come back to Canada.

The Supreme Court of Canada has recently decided that these ISIS warriors have that right. They will be arrested as soon as they land at a Canadian airport, but as the member indicated, where does the proof come from, where does the evidence come from to convict these people under our Criminal Code? The evidence is probably overseas. The witnesses are certainly overseas, and the witnesses are not going to be co-operative. We do not have the power to subpoena witnesses from overseas. This is a challenge for the government, and we are looking forward to seeing how it is going to resolve that problem.

[Tom Kmiec, Conservative, Calgary Shepard, AB]

Madam Speaker, I will continue on a different track. Within Bill S-8 there are provisions for persons to be able to challenge being put on a sanctions list, but they are not allowed to appeal being found inadmissible to Canada if they happen to be on a sanctions list.

During the debate on the sanctions for the victims and the Sergei Magnitsky act, there was a provision put in to ensure that a person who was to be listed would have the right to redress and could actually challenge the fact that they had been put on the list.

In this piece of legislation, one of the provisions specifically says that one cannot appeal the fact that one has been found inadmissible, because the idea is that the process has already taken place in the sanctions regime. I wonder if the member would comment on how there would be no right of appeal if one is found inadmissible to Canada under IRPA, which would be expanded to all those who find themselves on one of the sanctions lists that Canada keeps, and that they would need to seek redress for sanctions but not for inadmissibility.

Does he see this as a problem or as an opportunity to expedite the deportation of individuals who find themselves in Canada unlawfully?

[Tako Van Popta, Conservative, Langley—Aldergrove, BC]

Madam Speaker, my colleague's questions are becoming more challenging. Yes, indeed the intent of the legislation we are talking about today is to prohibit people who have been sanctioned from entering Canada. There are some people who have been sanctioned, maybe just because they live in a state that we have sanctioned, and they do have the right to appeal, to have their case heard and to convince Immigration Canada to allow them to come into Canada. I do not know how these cases are going to be worked out if we do not have the ability to prove beyond a reasonable doubt that people are actually guilty of crimes.

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Liberal, Alexandra Mendes]

Is the House ready for the question?

[Some hon. members]

Question.

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Liberal, Alexandra Mendes]

The question is on the motion.

If a member of a recognized party present in the House wishes that the motion be carried or carried on division or wishes to request a recorded division, I would invite them to rise and indicate it to the Chair.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, I request a recorded vote, please.

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Liberal, Alexandra Mendes]

Pursuant to order made on Thursday, June 23, 2022, the division stands deferred until Monday, February 13, at the expiry of the time provided for Oral Questions.

The hon. parliamentary secretary is rising on a point of order.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, I suspect if you were to canvass the House at this time, you would find unanimous consent to call it 1:30 p.m. so we could begin private members' hour.

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Liberal, Alexandra Mendes]

It is agreed?

[Some hon. members]

Agreed.

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Liberal, Alexandra Mendes]

It being 1:30 p.m., the House will now proceed to the consideration of Private Members' Business as listed on today's Order Paper.

Declaration on the Essential Role of Artists and Creative Expression in Canada Act

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Liberal, Alexandra Mendes]

I wish to inform the House that following the passing of our esteemed colleague, Bill S-208 is without a sponsor. Therefore, the motion for second reading cannot be moved at this time.

Pursuant to Standing Order 42(2), this item is placed at the bottom of the order of precedence on the Order Paper.

If no further action is taken by the House before the bill is considered again, it will be dropped from the Order Paper, pursuant to Standing Order 94(2)(c).

It being 12:48 p.m., the House stands adjourned until Monday at 11 a.m., pursuant to Standing Order 24(1).

(The House adjourned at 12:48 p.m.)