Mr. Speaker, I am pleased to participate in the debate on the motion to concur in the seventh report of the Standing Committee on Citizenship and Immigration that was moved by my colleague from Trinity—Spadina. I think it is important that we have this opportunity to talk about the work of the standing committee, particularly with regard to this report.
The report deals with the question of spousal sponsorships and removals from Canada. Specifically, the committee recommended that the government allow any applicant, unless he or she has serious criminality, who has filed his or her first in Canada spousal or common law sponsorship application, to be entitled to a temporary work permit and an automatic stay of removal until a decision is rendered on his or her application. This is a very important recommendation from the standing committee.
I worked for a number of years on that standing committee. I know how carefully the committee members consider the propositions and the work that comes before them and how well they know Canada's immigration system. This recommendation emerged out of people's concern about how folks were being dealt with in our immigration system.
I want to stress that we are talking about first applications here. This is not a way of mounting an ongoing postponement of a removal action. It only applies to the first application.
An important aspect is that it allows the person being sponsored to work while his or her application is being considered. We know that many families in the circumstance of the spousal sponsorship application and establishing a family here in Canada are in desperate need of that income. That is very important to them. Certainly the Statistics Canada report that came out last week which shows the financial circumstances of immigrant families in Canada indicates the difficulties that they face. This drives home the point and the importance of this aspect of the committee's recommendation.
The key part of the recommendation asks that there be no removal action until there is a decision on an application. That particularly pertains to people who might not have an ongoing status in Canada when the application is made. It is very important that we not split up families in those circumstances.
The committee chose to stress this as well by the way it structured its recommendation, that serious criminality could still mean deportation. If there was serious criminality involved, that still needed to take precedence in the circumstances.
When the committee was working on this issue, it heard evidence from representatives of the Department of Citizenship and Immigration. In fact, the committee heard from Mr. Rick Stewart, the Associate Assistant Deputy Minister for Operations in the Department of Citizenship and Immigration. He gave a very succinct outline of the existing policy and how it works.
Mr. Stewart noted that family reunification is a key element of the Immigration and Refugee Protection Act. He said that the department and the government recognized that keeping families together helps people integrate into Canadian society and contributes to their success. It was good to hear that point reiterated by the department.
Mr. Stewart talked about the two situations in Canada where spousal applications are dealt with. One is an in status application, where spouses and common law partners who are already in Canada may apply for permanent residence in the spouse or common law partner class in Canada. In order to be eligible under this class, applicants must live with their sponsoring spouse or common law partner in Canada and they must have legal temporary status in Canada.
The second stream of applications in this regard that Mr. Stewart discussed was the out of status applicant. He pointed out that many applicants in the spouse or common law partner in Canada class have legal temporary status in Canada. However, for spouses and common law partners who are in Canada without legal immigration status, a public policy was introduced in 2005 to allow these individuals, including failed refugee claimants, to apply for and be processed in the in Canada class.
He went on to note that this public policy was implemented to facilitate family reunification in cases where spouses and common law partners are already living together in Canada, but who may have certain technical inadmissibilities resulting in a lack of status. He outlined that those technical inadmissibilities included things like having overstayed their temporary status, working or studying without being authorized to do so, entering Canada without a valid passport, the required visa or other documentations, or of being a failed refugee claimant.
He noted that the ability to submit an application in these cases allowed individuals to remain in Canada for a limited period of time, 60 days, to facilitate the processing of the application to the removal in principle stage. However, during this time, applicants were not allowed to apply for a work permit until they had obtained approval in principle. In addition to the initial 60 day deferral of removal. Once an applicant had obtained approval in principle, a stay of removal was granted until a final decision on the application was made.
That is the existing policy and that is how it operates.
What the committee is getting at is the need to have particular consideration of these. Where there is no question of criminality or no legal problems involved, other than questions around having legal status in Canada, immigration status in Canada, the person should be allowed to remain in Canada until the in Canada application is completely processed and a decision is made on that. This is a very reasonable consideration.
We always have said that Canada's immigration policy is not about separating families. I can remember repeating that to many constituents over the years, when I worked in the constituency office and now as an MP. It was always taken to be one of the fundamental principles of our immigration system, that Canada was not about splitting up families and that we should make this a very high priority, if not the high priority, of our immigration policies.
We all know the terrible trauma and frustration it causes when families are divided. We heard in the debate this morning the kinds of situations that arose when families were split up because of the way our immigration policy and processing system was applied. We know it is a very difficult situation for any family to face. It is particularly traumatic when it feels like it is because of some technicality or some overzealous application of the law that will separate these people, particularly when we know at some point they will be able to come back to Canada. It forces them out of the country, at great expense to the Canadian taxpayer, and then it forces them to go through the application process again, at great cost to the taxpayer. It does not seem like a reasonable approach.
There are many instances where it is very hurtful to the people involved. I think we all probably have examples of that.
I have worked with a family in my riding where there was an in Canada application. A mistake was made and the person being sponsored left Canada. When she returned, she was denied entry into Canada and removed immediately. At that time, her spouse was not allowed to see her before she was removed. The trauma and upset that caused led this person to become ill on the plane before the plane took off and she had to be hospitalized at a hospital near the airport. Again, the spouse was denied the opportunity to see her at that time, which was incredibly frustrating for them, given the trauma, the hopes and expectations they had. A further complication was the woman was pregnant. They were expecting their first child very shortly and looking forward to establishing their family in Canada.
It was a very difficult situation. She eventually was removed and then her partner in Canada had to go overseas to be with her when their child was born. Now they are involved in the wait of having her and their child returned to Canada. He has the difficulty of having to leave his job for a period of time. The family income is in question in that period as they try to sort this situation out and as he tries to be with his wife and young child at this very important time in their family history.
We see all of these circumstances. Granted mistakes are made, but it is how the government, the department and society respond to those very difficult, humanitarian and compassionate situations that constantly arise.
Although I do not think it specifically addresses the kind of specific case I just recounted, the Standing Committee on Citizenship and Immigration feels that we need to ensure we have the flexibility to deal with those situations fairly and compassionately and that we do not subject people to arbitrary time periods.
One of the key things about the motion is the 60 day period that is granted for the stay of removal in the current policy. That is very arbitrary. I read in the evidence presented before the committee that perhaps not many people were removed and that 60 day period was not enforced rigorously, which is probably a good thing. However, the reality is it has been enforced from time to time and it has caused great difficulty for the people involved when that decision has been made.
The committee has recommended that an unlimited stay be granted on the first application until the decision is made, which is entirely reasonable. We should not be seeking removal in that period until a decision is made on the sponsorship application. If it is appropriate to have 60 days, then I do not understand why it is not appropriate to see an application through to its conclusion and then either land the person or seek his or her removal if there is some problem with the application. What the committee has reported to us is very appropriate and I strongly support it.
There are related issues. Why, when there is a humanitarian and compassionate application before the department and the government, would we deport someone in those circumstances? Again, if there is a serious humanitarian and compassionate issue, it should be decided finally before somebody is removed from the country.
I know the motion does not deal with this, but it strikes me that is another area where we could look to a change in policy and make it more responsive to the needs of families in Canada. This would ensure that their priorities would be first in the policies of the Department of Citizenship and Immigration and the Government of Canada. Hopefully, at some point, the Standing Committee on Citizenship and Immigration will have the opportunity to review the policy and consider what is best for Canadian families in that regard.
When I hear the government argue against a reasonable recommendation from the Standing Committee on Citizenship and Immigration, like the one before use, I begin to question the government's commitment to family reunification in Canada. For many years, this has been a key principle of our immigration program. It is one of the principles on which immigration in Canada was built. It has been a cornerstone of what immigration in Canada is supposed to be about and one of the reasons why our immigration program has been so successful.
The government has questioned the need for a change in this policy by its dissenting report to the committee report. That is unfortunate because it plays into the whole sense that the current government is watering down Canada's commitment to family reunification on many fronts. The policy the committee is asking us to look at is a reasonable one. It would go to strengthening family relationships and its place in Canada. Unfortunately, the Conservatives denied that and would not support this policy when it was discussed in committee.
There are other ways the government is backing away from a commitment to family reunification in Canada. After the Conservatives became the government, I remember the first time the then minister of citizenship and immigration, who is now the Minister of Human Resources and Social Development, appeared before the Standing Committee on Citizenship and Immigration. It was a very momentous occasion. It was the first time a new minister in a new government appeared before a standing committee to discuss the important issues pertaining to policy related to the workings of that department. It was very instructive. The minister left family reunification out of the list of key principles of the immigration system.
Maybe it was an oversight, but I have to believe that on a first appearance of a new minister and a new government before a standing committee to deal with the minister's policy area, his statement was a carefully considered one, that every word, sentence and paragraph was carefully considered before the minister appeared. I would not expect it to be a last minute thing, something that was just dashed off. I would not even expect it to be something the minister himself sat down and dashed off at his computer before he came to the committee meeting. I would think it was carefully considered before that.
In the past, and even in the immigration law, we have seen the key principles of our immigration policy. It has almost been a mantra that has been repeated by all parties in the House for many years. We have talked about immigration being important to nation building in Canada. We have talked about immigration being important to the economic needs of Canada. We have talked about immigration and refugee policy being important for the protection of vulnerable refugees as a key aspect. We have always said, as part of that mantra, that family reunification was a key principle of our immigration policy.
Therefore, it was very significant when the former minister left family reunification off the list. I do not believe it was a mere oversight. I think it was intentional. When we look at the various policies and decisions of the government, we have seen that this was probably an indication of the direction of the government. Certainly its position on this committee report is another aspect of that.
We can go to the website of the Department of Citizenship and Immigration. If we go on the main pages of it and look at general categories and descriptions about what our immigration policy should be about, we would be hard pressed to find the phrase “family reunification”. I could not find it. One can get the application for family sponsorship, but in the descriptions of our immigration policy and its goals, the current government has left out family reunification. Again, that is a very serious oversight and another indication of exactly where the government will go with its immigration policies.
We see it again in the whole debate on Bill C-50 and the attempt by the government to stick something in a budget bill that pertains to immigration, to give the minister significant discretionary power to ignore applications that have been appropriately submitted in our immigration system and the ability to dismiss those applications without considering them. The Conservatives say that this is a way of dealing with the backlog and the large number of applications received. However, in this corner of the House, we do not believe that giving the minister power to choose to ignore an application, is an appropriate way to proceed on immigration policy and on the processing decision for immigration applications. Every application that is submitted and qualifies to be considered should be considered carefully by the department and the government.
It is another place where families are rightly concerned that their need for reunification, their need to have family members join them in Canada could easily be ignored and pushed aside for other priorities that would instead occupy the attention of the government.
We know there is a huge backlog in Canada of immigration applications. We have seen the government establish targets, I think it is around 265,000 applications this year. However, it has also introduced a new category of application where temporary foreign workers and students can apply from within Canada to remain in Canada as permanent residents. I think there are 25,000 applications to be accepted in that new category, but that comes from the overall target established by the government, which in turn will reduce the number of places available for family reunification in the overall target.
There is a serious problem with the government with regard to family reunification. The government's lack of support for this very reasonable and limited recommendation from the Standing Committee on Citizenship and Immigration is another indication of its failure to appreciate the importance of family reunification and of keeping families together, of not separating families in Canada. I hope the government will reconsider its position on this and ultimately support the concurrence motion from the Standing Committee on Citizenship and Immigration.