Madam Speaker, I am very pleased to rise today to speak to the motion put forward by my Reform colleague with whom I am fortunate to sit on the standing committee.
My speech will be divided into four parts. First I will elaborate on the text of my colleague's motion. Then I will state a number of facts, including those concerning the arrival of illegal immigrants. If the Reform Party is introducing this motion today it is due mainly to the fact that we recently saw a number of immigrants arriving in Vancouver by boat. I will state a number of facts. Second, I will elaborate on immigration in Canada, with regard not only to immigration per se, but also to refugees.
I will draw attention to one analysis. A couple of months ago I asked the standing committee, on the occasion of the renewal of the Immigration Act, to conduct a real comparative analysis of what is done in other countries so that I could properly criticize or improve the bill that is supposed to be introduced very shortly.
I will talk about the whole aspect of organized crime and people smuggling, as compared to what is done in Belgium and Germany.
Third, I will state our position on minimum sentences, as we have criticisms in this respect.
My Reform colleague's motion reads as follows:
That, in the opinion of this House, the government should impose minimum sentences for those involved in people smuggling, with the highest minimum sentences for those who profit the most, including organized crime bosses, “snakeheads” and those who carry out the actual smuggling operations.
I believe it is important to remember that the motion before us today is mainly the result of events that occurred last summer, namely the arrival in Vancouver of boats carrying illegal immigrants from China.
I remind the House that 123 immigrants arrived at the port of Vancouver on June 19, followed by 131 more on August 12 and 190 on August 31, for a total of 444 illegal immigrants who landed in Canada.
In 1998 the minister of immigration had a goal for Canada to welcome between 176,000 and 193,000 immigrants. That was the goal officially announced by the minister. The minister was unable to reach her goal, and only 151,300 immigrants chose to settle in Canada. That is the example I have for 1998.
As far as refugees are concerned, the estimated number of refugees for 1998 was between 24,000 and 32,300. Unfortunately, according to the most recent data we have for 1998, only 22,644 refugees came to Canada.
In these two areas the Minister of Citizenship and Immigration was unable to reach the goal she set for herself, and that is truly unfortunate.
First of all, what we need to remember about those three dilapidated ships that showed up at the port of Vancouver crowded with illegal immigrants is that these 444 refugees who landed in Canada only account for 1% of the annual estimated number of refugees who come to Canada. It was a spectacular event, but that does not reflect the day-to-day reality.
Let us consider what is being done elsewhere. First of all, I want to point out to the House what is going on in Germany. Germany has taken a series of initiatives to fight illegal immigration. The crime fighting act passed in October 1994 brought changes to the foreigners act. These changes made it possible to punish not only those who enter the country illegally, but also those who help them do it. Illegal entry carries a maximum penalty of two years in jail.
The new offence, facilitating the illegal entry of foreigners, carries a penalty of five years in jail if the smuggling operation is carried out in exchange for financial benefits, or if it is done repeatedly, or if it involves more than five people.
Even attempting to facilitate the illegal entry of foreigners is punishable. The harsher penalty is when the illegal entry is orchestrated by a criminal organization or by someone who does it on a regular basis and for compensation. In these cases the maximum penalty is 10 years.
An amendment to the foreigners act and to the asylum procedures act, adopted in 1997, made it possible to punish those who attempt to enter the country illegally. Moreover, facilitating the illegal entry of more than one person now carries a penalty of five years in jail, whereas the previous legislation provided for such a penalty only in cases involving more than five people. This encouraged the development of organized networks. They made sure to smuggle no more than five people at a time, using private cars.
I must point out, however, that maximum penalties are provided for in the legislation but that German authorities are rather lenient. For example, minors under 16 years of age and nationals from certain countries were exempted under article 2.2 of the 1990 order. For example, young people from various states of the former Yugoslavia, from Morocco, from Tunisia and from Turkey were not required to have a visa to enter Germany when one of their parents stayed in Germany regularly.
This provision resulted in a significant increase in the number of entries of unaccompanied minors from those countries. I will provide some figures: in 1994, 198 minors; in 1995, 881 minors; in 1996, 2,068 minors, 1,800 of whom were from Turkey.
Fearing that this exemption would encourage illegal child labour and prostitution, the government amended the order at the beginning of 1997. From now on all minors, wherever they come from, need a visa. For children living in Germany, the visa would, exceptionally and until June 13, 1998, be granted automatically.
Since 1998 there has been a fine for illegal child labour. Businesses are forbidden to bid on public tenders for two years if they illegally employ foreign workers.
I would like to point out one thing about the concept and the rationale stated by my colleague from the Reform Party. Minimum sentences should be used carefully. The process of imposing minimum sentences bypasses the courts' discretion in assessing the circumstances surrounding each offence. These circumstances are particularly important in matters of people smuggling.
As it is written, the motion is designed for those involved in people smuggling. However, no one is more involved in this than the people themselves. They are the victims of an intolerable situation that should never escape examination by the courts. More generally, minimum sentences are reserved for the most serious offences.