Mr. Speaker, I am pleased to participate in this debate and to speak against the motion proposed by the hon. member for Trinity—Spadina.
As the Parliamentary Secretary to the Minister of Citizenship and Immigration noted earlier, Canada has a fair, internationally recognized system to provide refuge to those fleeing persecution, risk of torture or risk to life, or of cruel and unusual treatment or punishment. We are committed to protecting refugees and those in need of protection. This means that we must ensure the system is there for those who genuinely need it.
All refugee claimants have the right to due process and when they have exhausted legal avenues, we expect them to respect our laws and leave Canada.
Today I intend to address two key issues in this debate: the fair process available to refugee claimants and immigration applications and the potential problems that could arise from adopting this motion.
Canadians want a refugee system that helps to protect genuine refugees. All refugee claimants in Canada have the right to due process, a principle established by the Supreme Court in 1985 for refugee status determination in Canada. This is the basis for how Canada has maintained a fair and internationally recognized system to provide refuge to those fleeing persecution.
Refugee claims made in this country, including those made by U.S. service personnel, are heard by the Refugee Protection Division of the Immigration and Refugee Board, the IRB, of Canada. The IRB is a quasi-judicial independent body that provides a fair hearing to those who claim to be in need of protection. It assesses each claim on its own merit with regard to risk of persecution, torture, risk to life or cruel and unusual treatment or punishment.
The board reports that currently fewer than 50 claims have been made by U.S. citizens on the basis of objection to military service. As has been demonstrated in the publicized cases of Jeremy Hinzman and Brandon Hughey, the refugee protection process allows ample opportunity for claimants to challenge decisions made concerning their claims. They may do so through seeking leave for judicial review by the Federal Court. In some instances, they have sought leave to appeal to the Federal Court of Appeal and the Supreme Court of Canada.
While waiting for a decision on their claims, refugee claimants who pass medical screening are entitled to a work permit, which allows them to be employed in Canada. Those who cannot find work may apply for social assistance in the province where they reside. These claimants also have access to emergency medical services funded by the Government of Canada.
Under the Immigration and Refugee Protection Act, failed refugee claimants may also request, prior to being removed from Canada, a pre-removal risk assessment. This assessment allows CIC officials to examine any new evidence, any change in country conditions or other circumstances that might arise concerning personalized risk to individuals. This could include evidence such as whether a person would face risk of persecution, torture, risk to life or risk of cruel and unusual treatment or punishment if an applicant was returned to the country of origin. These are the same elements that are assessed by the Refugee Protection Division of the IRB.
There are also other avenues available to people wishing to move to Canada should they not qualify as refugees. Normally, those seeking permanent residence do so by applying for a visa outside of Canada, but foreign nationals who wish to apply for permanent residence from within Canada may do so on humanitarian and compassionate grounds or, if eligible, as a member of an in-Canada class.
There has been a great deal of coverage regarding the cases of Mr. Hinzman and Mr. Hughey, the American soldiers who deserted the United States army, came to Canada and made refugee claims in this country. The Immigration and Refugee Board rejected the applicants' claims for refugee protection. The Federal Court of Canada and, subsequently, the Federal Court of Appeal, dismissed their cases. The Supreme Court of Canada dismissed their application for leave to appeal on November 15, 2007.
As others have said, claimants have access to a fair hearing in Canada with a number of opportunities for review. However, the Immigration and Refugee Board, the Federal Court of Appeal and the Supreme Court of Canada have all indicated that these U.S. military deserters have not demonstrated that they are in need of Canada's protection as refugees.
The motion to implement an in-Canada program to allow these individuals to apply to remain and work in Canada and to be eligible for permanent resident status runs counter to having an immigration policy that is both fair and consistent in its application.
As I noted earlier, this government is committed to ensuring that all immigration applicants and refugee claimants have access to the full process outlined by IRPA and that all cases are fully and equitably resolved. By supporting this motion, the House would be calling for a unique benefit for some foreign nationals proposing that they can be allowed to apply for permanent resident status outside of existing immigration channels.
For the reasons I have outlined, I urge my fellow members in the House to vote against this motion.