moved that Bill C-11, an act respecting immigration to Canada and the granting of refugee protection to persons who are displaced, persecuted or in danger, be read the second time and referred to a committee.
Mr. Speaker, I am pleased to present Bill C-11, the immigration and refugee protection act to the House for second reading. When the business of the House came to a close because of the election call, the progress of Bill C-31, the previous immigration and refugee protection act that I introduced in the House last spring, was of course brought to a halt.
This time however has given me the opportunity to review in detail the many discussions that ensued and the many submissions which were received subsequent to the introduction of the previous bill.
In particular, the time has given me the opportunity to consider carefully what Canadians were saying about the bill, both in its broad orientation as well as in specific detail. I can say I was pleased to note that Canadians were generally quite supportive of the previous bill known as Bill C-31.
They also expressed a few concerns. I am happy to say that I have addressed many of those concerns and the issues that were expressed. In Bill C-11 we have addressed what I believe were the most serious of those concerns. I have incorporated a number of recent proposals and I will describe those momentarily. I want to be clear that Bill C-11 maintains the core principles and the provisions of the previous bill.
This is important legislation, legislation which will be of great benefit to the country. The reason why is quite simple. By saying “no” more quickly to those who would abuse our rules, we will be able to say “yes” more often to those immigrants and refugees who Canada will need to grow and prosper in the years ahead.
This new legislation flows from four years of consultation. We had consultation with our constitutional partners in immigration matters, the provinces and the territories and with others interested in immigration matters. Those consultations have been both substantive as well as extensive.
The provinces have been quick to point out that we will only be able to increase our overall immigration levels, as the government is committed to, if we are prepared to improve our ability to absorb and to integrate those increased numbers. I understand and I accept this completely.
We have also consulted wisely, widely and substantially with many non-governmental groups and others involved in the business of settlement services for immigrants and refugees. I have met with Canadians, with permanent residents, with those who have been here for generations and with those who are newcomers. We have consulted as well with business leaders about the need for skilled workers. We have worked out innovative new ways to see that highly skilled workers on the move around the world will identify Canada as their destination of choice, our communities, our culture and our society.
Our economy has benefited enormously from immigration in the past. The evidence is seen all around us. We must continue to welcome new arrivals so that Canada will continue to grow and prosper and continue to be recognized in the years ahead as the best place in the world in which to live.
Of course we know that Canada is increasingly being challenged by other countries that are competing for the world's best and brightest who are seeking opportunities abroad. This competition will only grow more intense in the years ahead as more countries desire the benefits of immigration and experience the demographic changes that I believe and I know most western countries are facing.
The new century will belong to those who are best able to develop and expand their collective human capital. The knowledge based economy has become a reality. If Canada is to compete and succeed, we must continue to attract skilled workers from across the globe, to share their knowledge and their skills and to build bridges with the rest of the world. This means attracting not just skilled and hardworking individuals, it means reuniting them with their families as quickly as possible and welcoming them into the Canadian family. It means honouring our proud humanitarian tradition which begins with our commitment to provide safe haven to those in genuine need of our protection.
In the recent Speech from the Throne the government committed to modernizing and streamlining Canada's immigration and refugee protection systems. With Bill C-11, we are doing it. The bill simplifies the current Immigration Act. It enhances the safety and security of Canadians and of Canada's borders. It strengthens our ability to attract the immigrants we need and reaffirms our traditional openness to newcomers.
In short, it provides us with all that we need to fulfill our dual mandate, which is to close the back door to those who would abuse our generosity and not obey our rules, so that we can open the front door wider to the immigrants and refugees like those who came before them, who came here to build this wonderful country.
The bill will enable us to meet the challenges and take advantage of the enormous opportunities that the new century holds for this country.
Bill C-11 remains a tough bill. However, I want to emphasize that it is tough on criminal abuse of our immigration and refugee protection systems. The bill creates severe new penalties for people smugglers and for those caught trafficking in humans. These are deplorable activities. There will be fines of up to $1 million and sentences of up to life in prison for persons convicted of smuggling and trafficking in humans. It will also allow our courts to order the forfeiture of money and other property seized from traffickers.
The bill clarifies our existing grounds for detention and our criteria for inadmissibility to Canada. It provides immigration enforcement officers with the tools they need to see that serious criminals, threats to national security, violators of human rights, participants in organized crime and members of terrorist organizations are barred entry to Canada.
Bill C-11 will introduce front end security screening of all refugee claimants, fewer appeals for serious criminals and suspension of refugee claims for those charged with crimes until the courts have rendered a decision. This is what Canadians want and this is what we have delivered.
Bill C-11 will also streamline the refugee determination process. Referrals to the immigration and refugee board will take place within three working days of a claim. By consolidating several current steps and protection criteria into a single decision at the IRB and, moreover, by combining increased use of single member panels at the board with an internal paper appeal on merit, we will see faster but fairer decisions on refugee claims.
Combining grounds for protection at our IRB, Bill C-11 will maintain due process and a fair hearing for refugee claimants, while offering fewer opportunities for protracted judicial review at the federal court. Once again, this is a good example of streamlining.
I should note that Bill C-11 does not expand on the existing grounds for protection. It simply consolidates several current protection criteria and corresponding protection decisions into a single step. Grounds for protection will remain the same as they are at present in keeping with Canada's international human rights obligations.
Bill C-11 also takes steps to address the frustrating revolving door syndrome that has become associated with repeat claims. Failed claimants removed from Canada after receiving a fair hearing and due process, should they return to Canada to make a repeat claim, will no longer return to the immigration and refugee board. Instead, if they return to Canada seeking protection after six months, they will be given a pre-removal risk assessment to determine whether circumstances relevant to their previous claim have changed. Before six months, they are entitled to seek refugee protection only at our missions outside of Canada.
Bill C-11 will also strengthen the integrity of our immigration system. It will tighten up sponsorship provisions to see that those who sponsor new immigrants are both able and willing to meet their financial obligations. They will be required to keep their promises.
Bill C-11 will improve our ability to recover the costs of social assistance in the cases of sponsorship default. In regulations to accompany Bill C-11, we will deny sponsorship to those in default of spousal or child support payments, those on social assistance and those convicted of spousal or child abuse.
Bill C-11 will also establish a new class of inadmissibility for those who commit fraud or misrepresentation on immigration applications. It will create a new offence for those caught helping anyone to gain status in Canada through fraud or misrepresentation.
New arrivals would be required to demonstrate reasonable attachment to our country in order to maintain permanent residence status. Bill C-11 would require physical presence in Canada for at least two of every five years for new immigrants to maintain their permanent residence status.
These changes are very important for one very simple reason. It is about respect. In my many discussions with individuals and organizations across Canada, I can assure members that this point has been made abundantly clear. Canadians want a system that is based on respect, both respect for our laws and our traditional openness to newcomers. Bill C-11 would do just that.
I spoke of the steps to close the back door, but equally Bill C-11 would allow us to open the front door wider. We would improve our ability to attract skilled workers and speed up family reunification. In regulations authorized by Bill C-11, we would modernize our selection system for skilled workers. Independent immigrants would be selected for their adaptability, level of education and training, language skills, experience and general level of employability.
In today's rapidly evolving labour markets we need people who are best able to adapt to new occupations as the needs of the labour market shift over time. These are people who would thrive and contribute to our prosperity in the economy of this new century.
Bill C-11 would also provide easier access for highly skilled temporary foreign workers so that Canadian businesses can stay competitive and seize every opportunity for expansion. Many skilled workers who come to Canada on a temporary basis are subsequently offered permanent positions.
The regulations to Bill C-11 would allow these workers to apply for landing from within Canada under certain conditions, just as it would allow foreign students who have graduated and worked in Canada also to apply for landing from within Canada.
Bill C-11 also recognizes that family reunification has always been a cornerstone of Canada's immigration policy. Canadians know that new arrivals establish themselves more quickly and much better when they have the support of their extended families. Bill C-11 and its supporting regulations would allow spouses, partners and dependent children to apply for landing from within Canada provided that they are already here legally and that they made appropriate admissibility provisions.
I started my remarks by making references to the improvements I made in the bill to address some of the concerns that had been raised in relation to Bill C-31. I will say a few words about the changes.
One key concern that I heard was that the previous bill had to do with the idea of framework legislation. I understand the concern but I consider it all the same. Framework legislation remains essential to the efficient administration of the immigration program, particularly in the context of changing global environment in which it operates and would continue to operate. Framework legislation allows us the flexibility to make changes through regulation when sudden, unforeseen circumstances require. However I made a commitment to see that all key principles and policies are set out explicitly in the act rather than in regulations.
Bill C-11 enshrines in the act the principles of equality, freedom from discrimination and the equality of English and French as official languages of Canada. It also makes explicit the provision that parents are members of the family class. There is, moreover, an explicit provision now in the act that sponsors spouses, partners, dependent children and refugees resettled from abroad, along with their dependents, would not be denied admission on grounds that they would create an excessive demand on our medical system.
Bill C-11 also affirms in legislation the principle that children should only be detained as a last resort. It provides a clear definition of permanent resident to distinguish the rights of permanent residents from those of other foreign nationals.
Oral hearings have been reinstated for those facing loss of permanent resident status, and provisions have been clarified for allowing new evidence to be presented at those appeals.
Bill C-11 would also facilitate the return of permanent residents with expired permanent resident cards if they have been outside Canada for less than one year.
We have built in a higher threshold for examination within Canada related to inadmissibility and immigration officers would now require a warrant to arrest a permanent resident on any immigration matter.
Before denying access to the refugee determination system to persons convicted of serious criminal offences outside of Canada, the bill requires a ministerial danger opinion. This provision is a safeguard to protect those who may have been convicted of politically trumped up charges.
The bill makes explicit our policy that people refused refugee resettlement overseas by a Canadian visa officer would nonetheless be able to apply for refugee status from within Canada.
Finally, I am happy to say that the United Nations high commissioner for refugees will be allowed to observe IRB hearings and participate as an intervener in cases before the refugee appeal division. I believe these improvements both strengthen the bill's integrity and protects the rights of individuals before the immigration and refugee protection systems.
Bill C-11 gives us a balanced approach to immigration and refugee protection policy.
Since the initial passage of the current Immigration Act in 1976, I know we all agree that the world has changed dramatically. More than ever before, people are on the move for trade, tourism, investment and education in order to develop their skills, to share their knowledge, to pursue their dreams, to find safety and to reunite with family.
Canada has been the enormous beneficiary of this global movement of people.
The swift passage of Bill C-11 into law would allow us to modernize our immigration and refugee protection systems. It would allow us to meet the challenges and take advantage of the opportunities that lie ahead.
Let me assure the House that regulations in support of Bill C-11 will be developed in as an open and consultative manner as this bill has been developed. It will give members of the House, key immigration stakeholders and individual Canadians ample opportunity to share their views.
Issues of immigration and refugee protection are very important to the country. They take us to many of our core values that we as Canadians share. An open and transparent regulatory process would ensure that Canadians support the rules that are put in place.
Let me also assure the House that Bill C-11 recognizes that immigration is an area of jurisdiction that the federal government shares with the provinces and territories. Bill C-11 would commit the Government of Canada to continue consulting and working with our partners, the provinces and territories, in these matters.
The government is fully committed to the social union framework agreement and recognizes that immigration does impact on areas of provincial jurisdiction, such as health care, education and social services.
However, immigration also brings enormous social, cultural and economic benefits to Canada, its provinces and cities, benefits that must be weighed against the short term costs. Indeed, it is one of the reasons that so many of our provinces are currently looking to attract more immigrants. They know as we all do that immigrants and refugees built this country.
Under the new provisions of Bill C-11, immigrants and refugees would continue to help build the country in the future. I am proud to move adoption and second reading of Bill C-11.
