Mr. Speaker, I am pleased to rise today in support of Bill C-31, the protecting Canada's immigration system act, one of the most advanced and modern immigration acts to date.
Members of the House already know that the integrity of Canada's immigration system is a key priority for the government of Canada. To maintain the integrity of our immigration system is also a concern of my constituents in the riding of Pickering--Scarborough East.
Canada has the fairest, most generous immigration system in the world. However, Canadians have no tolerance for people who abuse our generosity and take advantage of our country. We have to take steps to clamp down on these abuses. Our government is determined to strengthen the integrity of Canada's immigration system.
The protecting Canada's immigration system act would make our refugee system faster and fairer. We have already taken actions that underscore this. These include measures to crack down on crooked immigration consultants. We are also cracking down on immigration and citizenship fraud. The legislation in front of the House today is another key part of that effort.
No Canadian thinks it is acceptable for criminals to abuse Canada's immigration system for financial gain through the crime of human smuggling. This legislation would put a stop to foreign criminals, human smugglers and bogus refugees abusing our generous immigration system and receiving lucrative taxpayer funded health and social benefits.
Human smugglers manipulate our immigration system for financial gain. They charge their passengers upwards of $50,000 to be smuggled into Canada. The passage can be extremely dangerous onboard rickety ships that either leak or should not be in commission. Every year, thousands of people die while on these dangerous trips.
We must make no mistake that human smuggling is a despicable enterprise and yet human smuggling networks in Southeast Asia are large and growing. By charging people large sums of money for their transportation, human smugglers are making a lucrative business out of facilitating illegal immigration.
Human smugglers in various countries around the world are working on large operations as we speak. In fact, the international media very recently reported the dismantling of a large human smuggling operation in Togo that was planning to bring hundreds of immigrants to Canada on yet another dangerous voyage in a rickety boat.
These human smuggling arrivals are not events from the past. They are events that are being planned right now and will continue into the future. We must take action now. The human smugglers are playing a dangerous game with people's lives. It is a game the government wants no part of. The legislation before the House is a strong and necessary response to the crime of human smuggling.
This legislation would punish human smugglers. It would also help to discourage those who would rely on human smugglers to come to Canada by this irregular means.
The changes put forward in this bill would enable the Minister of Public Safety to designate the arrival of a person to Canada as an irregular arrival. This designation would make those involved subject to the proposed act's measures. The legislation would make it easier to prosecute human smugglers and strengthen the criminal laws in response to human smuggling.
The bill would make shipowners and operators accountable for the use of their ships in human smuggling operations. It would introduce stiffer penalties and fines, including mandatory minimum prison sentences, for those convicted of human smuggling.
The actions of these human smugglers and the irregular immigrants they bring to our shores represent a real challenge to our ability to conduct rigorous identity and admissibility examinations. The arrivals of the Ocean Lady and the MV Sun Sea taxed our system heavily, particularly with respect to conducting the required identity and admissibility examination in a timely manner.
Human smuggling undermines the integrity of Canada's borders and it poses an unacceptable risk to the safety and security of Canadians. We must be in a position to verify whether these individuals have been involved in any other illegal activity and whether they are admissible to Canada.
The legislation would protect Canadians by establishing the mandatory detention of irregular arrivals for up to one year, excluding those who are under the age of 16. This provision would provide us with the time we need to perform proper investigations, to confirm the identities of passengers and to determine whether they pose a risk to the safety of Canadians before they are released.
The government also recognizes that the best interests of a child must come first and that each situation would be considered on a case-by-case basis. In cases where it is determined that it is in the best interests of a child to remain with the parents or guardian, the Canada Border Services Agency would house the minor child with the parents or guardians.
Like all persons 16 years of age or older who are subject to the mandatory detention provision of the new legislation, the parent of an accepted minor could also avail themselves of the exceptional circumstances provision and request release from detention from the Minister of Public Safety. This provision would provide enough flexibility for the minister to grant release to the parents of accepted minors if, in the minister's opinion, exceptional circumstances warranted release.
We are also introducing measures that would discourage people from arriving in Canada by these irregular means.
Canadians have an acute sense of fairness and have no tolerance for people who pay human smugglers thousands of dollars to come to Canada to jump the queue. Canadian immigrants who have followed all the rules and waited patiently in line to come to this great country have told our government they want us to put a stop to queue-jumpers who come to Canada using illegal means.
Through Bill C-31 we would ensure that the medical benefits received by these arrivals under the interim federal health program are not more generous than those received by the average Canadian.
We would also impose a five-year bar on applications for permanent resident status for protected persons who are part of a designated irregular arrival. We have determined this bar to be a reasonable period of time to serve as a deterrent to migrants arriving in this illegal manner. We believe the five-year bar will reduce the attraction of coming to Canada.
Every eligible refugee claimant would be entitled to a fair and independent hearing before the independent Immigration and Refugee Board, the IRB. However, under the proposed legislation before the House, refugee claimants who are part of a designated irregular arrival and who have received a negative decision from the IRB would not be eligible to appeal that decision to the refugee appeal division. As well, during this time if refugee claimants return to their country of origin from which they are claiming persecution or demonstrate in other ways that they are not in legitimate need of Canada's protection, we can take steps to cease their refugee or protected person status and remove them from Canada.
Taken together these measures underscore the government's commitment to preserving the integrity of Canada's borders and immigration system and our national security. At the same time, we will continue to ensure that those who genuinely need our protection receive it.
However, do not just take it from me. This is what Balan Ratnarajah, president of the Peel Tamil Community Centre, had to say:
We are pleased to see the Government taking action to deter human smugglers who charge victims enormous sums of money.
Those who take part in human smuggling make our immigration system less fair for legal immigrants. We believe that the Government should have the tools it needs to protect the fairness of our immigration system.
We on the government side want to ensure that Canada is not an easy target for human smugglers. We want to discourage migrants from taking part in these ventures that place their lives at risk, and we want to protect the safety and security of Canadians.
These measures are necessary and fair. I urge all members of the House to support this important legislation.