Mr. Speaker, I am pleased to rise on behalf of the Bloc Québécois to speak to Bill C-43, the Faster Removal of Foreign Criminals Act.
It seems as though the Conservatives have hired a publicity specialist since they took power, since bill titles are worded in such a way that no one could be opposed to the bill. It is a bit like sugar pie. However, as legislators, we must obviously read the bill and get familiar with the details, the ins and outs, before making a decision about it. We cannot make our decision based on the title; we must base our decision on all of the elements of the bill.
A quick read of Bill C-43 exposes a lot of flaws, gaps and vagueness. There are indeed some measures to be adopted to deport criminals who are permanent residents but abuse the system and the procedures to remain in Canada or Quebec.
I think that all members of the House agree on that. After listening to my colleagues who spoke earlier and after reading some other speeches made since the bill was introduced, I see that we are unanimous on that. However, does Bill C-43 solve all of those problems? No. Does it create others? Unfortunately, I believe so. That is what I will speak about for the next few minutes.
An ideology is behind all of this. This was brought up by the two members who just spoke during questions and comments. The Conservatives are using a lot of prejudices and clichés to promote what I like to call a “tonight we will scare people” ideology.
The notions of criminality and immigration are often confused, as is the case in this bill, which talks about criminality in relation to immigration. So, whether in reference to criminality or immigration, the Conservatives are trying to prove to certain people that there is a danger. Some refugees arrive by boat and, suddenly, we are led to believe that we are being invaded by a host of refugees arriving from all over. And they are not just refugees—that is not how they are referred to—they are criminals. That is what the government wants people to believe. This makes it easier for the government to tell Canadians not to worry because it will send the criminals back.
On weekends, when we go out and meet the people in our ridings, we realize that they are not aware of all the details of these situations, and they do not know exactly what happened. However, they saw the Minister of Immigration at a press conference talking about some extreme examples that obviously do not happen every day. Those examples should be used to address the flaws in legislation. We agree with that. But we should not generalize and make people believe that all cases are like that. I think we need to settle down, take a deep breath and correct the real problems. We should not play politics at the expense of the most disadvantaged—immigrants and people grappling with certain other problems.
The Bloc Québécois obviously understands that reasons for protecting society have to be included in immigration laws. Of course, a society will naturally want to receive law-abiding immigrants who have a real desire to integrate. As well, a society will naturally not to want to become a safe haven for criminals who want to flee their own countries. But some of them manage to sneak in. It is absolutely normal for the minister to speak out against it, and that is what everyone else does too. It is also normal to try to improve processes so that proceedings for the deportation of criminals do not drag on.
I talked about abuse just now. We talk about abuse when people come to Canada and continue to do what they did in their country of origin. For instance, they may be street gang members. Sometimes, street gang members from a country get together and organize themselves in another country. A street gang in a country can have roots in other countries. That can also happen to us. If the first thing those people do when they come to Canada is to join a street gang instead of integrating into society, we will obviously not want to keep those types of immigrants here.
People may be shocked by the examples of people who abuse the processes available to immigrants in order to further delay their deportation. But the minister uses those examples to make us believe that everyone is like that, which is not the case.
However, those measures have to be well targeted; they have to prevent criminals from entering, not stop innocent people at the border.
These measures also have to be proportionate. The government must propose effective measures that respect fundamental rights. We must not adopt a measure that is akin to using a bazooka to kill a fly.
Although the purpose of Bill C-43 is commendable, the bill has not achieved the necessary balance to fill the gaps in the current legislation. My colleagues talked about proposing some amendments to the bill in committee. This would allow us to study the bill, which is the right thing to do.
The current legislation includes a right to appeal to the Immigration Appeal Division for immigrants who feel wronged by the first level decision. Some restrictions already exist. Under the current legislation, a permanent resident or a foreign national who is inadmissible on the grounds of security, violating human or international rights, or organized criminality does not have access to the Immigration Appeal Division.
Currently, serious crime is defined as the commission of an offence punishable by a maximum of 10 years that resulted in a prison sentence of two years. Bill C-43 further limits the right to appeal by reducing the imprisonment criterion for serious criminality to six months only.
I heard my colleagues talk about this and I agree with them. What is serious criminality? We would not want to keep someone who lands here and becomes a thief and a highway robber, who commits sexual assault, who repeatedly commits crimes that are punishable by lengthy prison sentences. There is a big difference between someone who commits a serious crime and someone who is found guilty of or charged with possession of drugs—marijuana for example—possession of stolen property under $5,000, or public mischief. I do not have many examples, but I believe a person can be charged with public mischief for urinating on the street or in a parking lot. There is a big difference between that type of public mischief and a more serious crime. I am not saying that people should not be punished for mischief; they should. I am just wondering whether that is reason enough to deport someone. There is a big difference between belonging to a street gang and committing public mischief or being in possession of some marijuana.
The Bloc Québécois is also concerned about the cumulative effect of the Conservative measures. For example, under Bill C-43, a sentence of only six months qualifies as serious criminality. It is important to see the connection with the many minimum sentences that the Conservatives are incorporating into their bills. They have just added a bunch of sentences so that less serious crimes can be used as a pretext to deport people who could contribute to Quebec and Canadian society after they have made amends. The Conservatives are imposing more and more minimum sentences of one to two years in prison, without any regard for how serious the offence actually is and without taking into account the extenuating circumstances.
We have often fought here in the House against the imposition of minimum sentences for anything and everything. This has been the Conservatives' pet project since they came to power in 2006. Regardless of what happened—for example, if the person was only the driver during a crime—and regardless of any extenuating circumstances, what counts is that the person was there at the time of the crime, and he must serve a minimum sentence like the others. The Conservatives are tying judges' hands because there are no gradations in the sentences that they can impose. This breeds inequity.
As a result, an increasing number of people will be labelled as having committed a serious crime. I am thinking of offences related to the possession of narcotics in particular.
I will end my remarks here. Members have talked a lot about the minister's discretionary power. That is another weakness of this bill. We are being told that this process will be guided by regulations, but we do not yet know what these regulations will be. I hope that this will be clarified in committee and that changes will be made to this bill so that we can be safe and so that we are not deporting people who do not deserve to be deported.