Ed Komarnicki

[Budget Implementation Act, 2008, June 3rd, 2008]

Mr. Speaker, it is an honour and a privilege to present Bill C-50 at third reading, a bill that proposes to implement certain measures from budget 2008.

This year's budget further illustrates the responsible leadership of this government. This is a budget for uncertain times when a strong and steady hand and focused leadership is needed.

Building on the government's 2007 economic statement, budget 2008 is balanced, focused and prudent in order to ensure that Canada remains strong and secure amid global economic uncertainty.

To that end, budget 2008 continues reducing debt and taxes, focusing government spending, and providing additional support for sectors of the economy that are struggling in this period of uncertainty.

Today I would like to touch upon some of the key measures in the budget that are included in Bill C-50, including as it relates to citizenship and immigration and specifically as it impacts on my constituency of Souris—Moose Mountain. In doing so, I will demonstrate how the government is providing strong and responsible leadership.

I will also demonstrate that our priorities accord with those of Canadians. We are reducing debt, strengthening Canada's tax advantage, investing in the country's manufacturing heartland and investing in priorities that matter to Canadians.

By carefully managing spending and continuing to reduce debt, the government is ensuring that its programs provide value for money, are sustainable and keep the tax burden to a minimum.

We are also ensuring intergenerational equity. This means that we should not ask our children and our grandchildren to pay the freight on the spending excesses of the past, such as by the previous Liberal government in the March spending madness that took place where budget surpluses were used for continual and additional spending.

That is why we are reducing the federal debt by more than $37 billion, including $10.2 billion in 2007-08. As a result of our aggressive debt reduction plan, by 2009-10 personal income tax reductions provided under the tax back guarantee will amount to $2 billion, which will continue to grow into the future.

Our government is also working to create a tax advantage for Canada. The measures we have introduced since taking office will provide almost $200 billion in tax relief over 2007-08 and the following five years. That is $200 billion left in the pockets of Canadians to further increase their business and their initiatives, which will produce more jobs.

As the Minister of Finance has said, our government is meeting the challenge of global economic uncertainty with a plan that is real, a plan that is responsible and a plan that is working.

Budget 2008 builds on past action by proposing what is the most important, federally driven, personal finance innovation since the introduction of the registered retirement savings plan, and that is the tax-free savings account. This flexible, registered, general purpose account will allow Canadians to watch their savings, including interest income, dividend payments and capital gains grow tax free. Yes, tax free.

As a new general purpose savings account, the tax-free savings account will provide an additional tax efficient savings vehicle for Canadians that complements existing registered savings plan, such as the RRSP and the registered education savings plan.

In other words, Canadians will have access to a complete set of tax efficient savings vehicles to meet their various needs: for their children's education, for their retirement and for their own immediate use purposes during life.

An important point to emphasize is that a tax-free savings account will provide greater savings incentives for low and modest income individuals. Neither the income earned in a tax-free savings account nor withdrawals from it will affect eligibility for federal income tested benefit credits, such as the Canada child tax benefit, the GST credit, the age credit, the old age security and the guaranteed income supplement benefits.

In fact, in the first five years it is estimated that over three-quarters of the benefits of saving in a tax-free savings account will go to individuals in the two lowest tax brackets.

The government has taken another action to help those who need it, including Canadian seniors, for example.

Many seniors live on a fixed income. They often find it difficult to make ends meet. That is why our government has provided significant tax relief for seniors and pensioners. This includes a doubling of the pension income amount to $2,000, with an increase in age credit amounts by $1,000.

The tax relief also includes increasing the age limit for maturing RPPs and RRSPs and, for the first time ever in Canada, pension income splitting for seniors and pensioners. For a one-pension working family of two, the savings will be incredible, into the thousands.

However, we can and must do more to support our seniors. Budget 2008 therefore proposes to increase the guaranteed income supplement exemption to $3,500 from the current maximum of $500. This will benefit seniors with low and modest incomes who choose to continue working. We must also remember that the interest they earn on their tax-free savings account will continue to help them. Moreover, this initiative will help these seniors live their retirement years with dignity and the respect they deserve.

Our government is also investing in Canada's manufacturing heartland. It is committed to helping Canadian communities in need. Just this past February, members will recall, Parliament passed the government's $1 billion community development trust to support communities and workers suffering from economic hardship. Among other things, this funding could support job training to create opportunities for workers, community transition plans that foster economic development and create new jobs, and infrastructure development that stimulates economic diversification.

Budget 2008 also demonstrates responsible leadership by helping to create the conditions for our businesses and entrepreneurs to invest and thrive at home and abroad. To that end, budget 2008 takes targeted action to help important Canadian industries. For example, it proposes to provide $250 million for an automotive innovation fund. This initiative, being led by the Minister of Industry, will help Canada's automotive sector adapt to the challenges of the future and remain a key component of Canada's economy.

Budget 2008 also proposes to extend temporary accelerated capital cost allowance treatment for manufacturers and processors for three years, on a declining basis.

This government continues to invest in the priorities of Canadians, one of these being a desire to live in a safe and secure community. This government takes seriously the responsibility of protecting Canadians. Budget 2008 provides funding to protect Canadian families and communities, building on the important investments this government has made in previous budgets.

Bill C-50 proposes to implement a measure from budget 2008 that will provide funding to provinces and territories to support them in recruiting 2,500 new front line police officers. The bill proposes to set aside up to $400 million in 2007-08 to be paid into a third-party trust for provinces and territories, allocated proportionately, to meet this objective.

There is little doubt that the environment is another priority for Canadians. Canadian participation in the earth hour event in March was strong evidence of that. People, not only across the country but around the world, turned off their lights to make a statement about helping find new ways to reduce their impact on the environment.

One of the budget measures contained in Bill C-50 is a proposal to set aside $250 million for a full scale commercial demonstration of carbon capture and storage in the coal-fired electricity sector and for research projects to accelerate the deployment of the technology. Carbon capture and storage presents an opportunity for Canada to develop and benefit from world-leading technology that can significantly reduce greenhouse gas emissions.

On March 15, the Prime Minister of Canada visited my constituency of Souris—Moose Mountain to formally announce the budget provision of $240 million to the province of Saskatchewan for carbon capture and storage and clean coal technology. The province of Saskatchewan confirmed plans to use the funds at the Estevan Boundary Dam, located just south of my home city of Estevan, Saskatchewan.

This federal funding will help leverage an estimated $1.4 billion of investment into clean coal technology and carbon capture and storage. This project will reduce greenhouse gas emissions by an estimated one million tonnes per year.

I wonder if NDP members realize that by voting against the passage of Bill C-50 they are voting against this critical investment that will result in the equivalent of removing millions of cars from the roads. This project has the potential to provide a solid base for enhanced oil recovery, more jobs and significant economic spinoff.

SaskPower is developing what it is calling one of the first and largest clean coal and carbon capture demonstration projects in the world. This commercial demonstration of state of the art carbon capture and storage technology will make Canada a world leader in clean energy production. Benefits from this project will extend to enhanced oil recovery initiatives.

At the premiers conference in Prince Albert, the premier of Alberta stated in the Saturday, May 31 issue of the Leader-Post that the carbon capture and storage technique is “the quickest, most rapid way of significantly reducing greenhouse gas emissions”.

In the same article, Premier Wall said that Saskatchewan already is a centre of excellence in terms of carbon capture and storage, with the Petroleum Technology Research Centre in Regina, Saskatchewan, and its Weyburn-Midale pilot project, the largest carbon dioxide storage in the world.

Encana's facility located near Weyburn, Saskatchewan is Weyburn's flagship project, with a seven year record of demonstrating CO₂ storage on a commercial scale. At this time, Encana receives CO₂ from Beulah, North Dakota, using it for enhanced oil recovery, and is presently touted as the world's largest CO₂ sequestration project and the largest commercial scale carbon dioxide enhanced oil recovery project in Canada.

The Petroleum Technology Research Centre in Regina is actively involved in the Weyburn project. The potential for southeast Saskatchewan is phenomenal. CO₂ can be compressed and piped to storage locations. The geological formation for CO₂ storage exists in southeast Saskatchewan. It is waiting for expanded, innovative thinking and brave initiatives on the part of all affected parties.

Budget 2008 provides a capital cost allowance rate for compression and pumping equipment on CO₂ pipelines of 15% and an increase in the rate from 4% to 8% on CO₂ pipelines transporting CO₂. It is this type of initiatives that the NDP would be voting against.

It sounds exciting. It sounds invigorating. It is the kind of action and leadership that are required of a government, that enhance and encourage the enterprise, the initiative and the ambitions that Canadians possess and that partner with others like the province of Saskatchewan, SaskPower and industry to ensure projects such as this can take place.

Kevin Hursh, a consulting agrologist and farmer based in Saskatoon, Saskatchewan, stated in a National Post article on May 31, 2008:

In a lot of small and large towns, [in Saskatchewan] you can hardly find a house to buy and if you do, the price has increased dramatically. Older houses that no one wanted a few years ago are being gobbled up and renovated. Even houses in old farmyards are in demand.

He added that there is an optimism in the agriculture and grain industry sector that has not been seen before. He stated:

People are moving back to Saskatchewan and it isn't only the cities that are benefiting. Rural Saskatchewan still has problems, but there has been an amazing reversal of fortunes. Local governments are scrambling to switch from survival mode to a growth mode.

Our economy and its continued growth will depend on a flexible and responsive immigration system to ensure we have the skilled workers and the tradespeople that our country needs. Neither Canadians nor prospective immigrants benefit from an immigration system that, due to its dysfunctional nature, forces prospective immigrants to wait for up to six years before their application is looked at, let alone processed.

The current system is especially problematic, since in a few short years all of our net labour growth will come from immigration. That is why changes to the Immigration and Refugee Protection Act were included in budget 2008. “Advantage Canada” in 2006 identified that Canada needs the most flexible workforce in the world, an issue that is critical to Canada's future.

A new and more efficient processing system is desperately needed, a system that is responsive both to the needs of newcomers and the needs of Canada. Canada faces serious international competition in attracting people with the talents and skills we need to ensure our country's continued growth and prosperity.

Compared to the United Kingdom, Australia and New Zealand, Canada is the only country that does not use some kind of occupational filter to screen, code or prioritize skilled worker applications. Compared to other countries, Canada's system is just not flexible enough.

The legislative changes that we propose will prevent the backlog from growing. With the growth of the backlog halted, the government also has allocated additional resources to reduce the backlog. Among other things, our government has committed over $109 million over five years to bring down the backlog.

Part 6 of Bill C-50, when combined with these non-legislative measures funded in budget 2008 and beyond, will act to control and reduce the backlog and speed up processing. The government will be required to consult with provinces and territories, industry, and government departments.

These consultations will include getting assurances that if the regulated professions are prioritized, commitments from provincial regulatory bodies will be obtained, to ensure that individuals brought here will be allowed to work in their chosen fields soon after arrival. The instructions must respect our commitments to provinces and territories regarding the provincial nominee program and the Canada-Quebec accord.

These proposed changes are part of a vision that involves creating a more responsive immigration system, one that allows us to welcome more immigrants while helping them get the jobs they need to succeed and build a better life for themselves and their families. Their success is our success.

Urgent action is required. Part 6 and all of budget 2008 delivers this much needed action.

The bill we are debating today illustrates just how our government is prepared to meet the challenge of global economic uncertainty. We have a realistic plan for Canada, a plan that is working. There is no way we are going to slide back to the days of high spending, high debt and higher taxes, as some would have it. Canadians do not want that and neither does this government.

Rather, as reflected by the measures proposed in Bill C-50, our plan is taking us down the right road, a road that requires focus, prudence and discipline, yet at the same time it is a road that is very refreshing, exciting and invigorating, a road that will point the way forward for Canadians for years to come. To all Canadians, it will be like a breath of fresh air.

[Committees of the House, May 29th, 2008]

Mr. Speaker, I have asked a series of questions from a number of members who spoke today and have not received a direct answer to any one of those questions. I wonder if the hon. member will make it a less than perfect record by directly answering any one of the following questions.

First, is the program proposed in addition to, or in lieu of, the present program we have for refugee protection and application for refugee protection for humanitarian and compassionate grounds?

Second, does it matter whether the applicant was drafted or volunteered for service?

Third, would it be incumbent to ensure that the procedural options that are available in the country of origin are actually used before an application is made?

I notice that the program they want to implement would not apply to those who might have a criminal record. For those who do have a criminal record, does the member propose that they be entitled to apply under our current refugee protection system on humanitarian and compassionate grounds, which provides for a hearing in the first instance and eventually leave to appeal to the federal court and, with leave, an actual hearing before the federal court and leave to appeal to the Supreme Court?

A direct answer to any one of those questions would be appreciated, to see if we could get a less than perfect record.

[Committees of the House, May 29th, 2008]

Mr. Speaker, I have posed a number of questions to the various speakers, none of whom have answered the questions directly. I hope this member will.

There is no doubt that many cases have humanitarian and compassionate grounds within them. We have a process that allows for humanitarian and compassionate grounds applications, separate and apart from the determination as to whether a person is a refugee.

As for the program that she proposes in the motion, does she suggest that if people apply under the program they would not have the benefit of the application for refugee protection, as refugees? Would they not be allowed to make an application under humanitarian and compassionate grounds? I notice that the program is limited to those who do not have a criminal record. Would the member then say that the refugee protection system as we now have it on humanitarian and compassionate grounds should be reserved for those who have criminal records? That is my first question.

Second, before either the refugee protection system or the humanitarian and compassionate grounds application is utilized, or the program that the member suggests is in place, would it be incumbent upon the applicant, or necessary, to have exhausted the procedural options available in the country of origin? Or does it matter whether the person has applied under the procedural options available in that country and has exhausted the process there? Would it matter whether, in the first instance, a person was drafted or volunteered?

Those are very specific questions. I would like to have the member answer them if she could.

[Committees of the House, May 29th, 2008]

Mr. Speaker, I would ask this hon. member three questions, and I will make a comment as well.

First, the United Nations High Commissioner for Refugees handbook calls for a consideration or determination whether a resister was drafted or joined voluntarily. I want to know if he thinks there should be a distinction between the two or not.

Second, reference was made to the fact that persons who applied had not taken advantage of the procedural options available to them in their country, in this particular case, the United States. Would the member agree that before a process is instituted due process should be followed and procedural options taken advantage of?

Third, the motion calls for a new program and I think the New Democratic Party and the Liberal Party are always open to more new programs. However, if he were to suggest that a new program should be undertaken, would he prevent applications from being made under the basis of a refugee or would he still want to have the same processes that are available to make an application as a refugee and, alongside that, if there was a failure in a positive decision, that the program should also be implemented, or is one exclusive to the other, knowing that presently if a negative decision is received with respect to the determination of refugee, the person can apply by leave and with leave to the Federal Court, the Supreme Court of Canada, and if that fails and the person gets a negative decision, the person can apply under humanitarian and compassionate grounds, and that would be notwithstanding a negative decision? Is he saying that this new program should take the place of that or is he saying in addition to that?

[Committees of the House, May 29th, 2008]

Mr. Speaker, obviously there needs to be a decision maker to decide if a refugee is a true refugee, someone at risk of being tortured, at risk of losing his or her life, or at risk of receiving cruel and unusual treatment.

When we took office there were nearly 100 vacancies. Our government has appointed over 100 individuals to adjudicator positions. Those individuals are required to go through a new process that our government established to ensure appropriate qualifications. Due diligence is used. Those going through the process must now pass an objective examination to ensure that they meet a certain level before they go on to other steps. Those people going to those positions must go through that process.

Notwithstanding that process, we have made over 100 appointments to various positions. We will continue to make appointments to ensure those positions are filled.

[Committees of the House, May 29th, 2008]

Mr. Speaker, there is no question that the refugee appeal division is provided for and is something that would require enactment. That essentially is what the bill allows. It is another layer put forward by members that would extend the whole process by an additional five months. Presently it sometimes takes five, six or seven years to determine the outcome of a specific case. By adding another layer and not fixing the rest, all we would be doing is simply adding more time to a process that is already not proceeding as efficiently as it should. That process will be there.

In addition to all the existing processes and that process, this motion is asking for yet another process. If a negative decision is received, it could be appealed with leave to the Federal Court of Appeal and perhaps the Supreme Court of Canada. This would be yet another layer in a due process system that already takes years, not months. That simply is not appropriate.

[Committees of the House, May 29th, 2008]

Mr. Speaker, the definition of what a refugee is or is not is well defined in our law and it has been interpreted by a variety of courts. The definition is well settled in the United Nations High Commissioner for Refugees. The UNHCR has stated that our system is a model system for the rest of the world in terms of its generosity, its fairness, and the broadness of its extent.

The United Nations High Commissioner for Refugees handbook calls for the consideration of whether a resister was drafted or joined the army voluntarily. Those now coming to Canada volunteered for military service. When one volunteers and then later develops some objection, that in and of itself would not allow the person to qualify as a refugee in the true sense as it is meant to mean and as it is defined. In fact, a number of individuals had the benefit of the interpretation not only by a board, but the Federal Court and the Supreme Court of Canada also commented on these issues. The handbook makes a distinction and for good reason.

At some point, as I have said, when a person goes through the process, he or she either fits the category or does not. If the person fails and receives a negative decision, our generous system has other options. There are other processes that can be used to determine, notwithstanding that, could an application still be made on humanitarian or compassionate grounds. A full hearing is entitled and on some occasions more than once.

At some point with all of these existing processes, due process must prevail. When a negative decision is received, at some point it needs to be respected. That is primarily the point we are making. It is a point that not only is well made but it is an important point if we want to ensure the continued integrity of our system and if we want to have the support of Canadians who want to see a system that is not only respected but is followed.

[Committees of the House, May 29th, 2008]

Mr. Speaker, I would pose a question to the member in return. If there is a process in the country of origin that has not been used, should it not first be used to ensure that the due process that exists is applied for and followed?

It is not so much an issue of a failure of process. We have a number of processes and I have outlined them: a hearing before a board and potentially an appeal from the board; leave to appeal to the Federal Court; an appeal to the Federal Court; an application to the Supreme Court; a humanitarian and compassionate grounds application, more than once; a pre-removal risk assessment. If a person receives a negative decision, at some point the person has to respect that. What the member is saying is that if they do not like a decision, they would like a program developed to add yet another layer to ensure that they could succeed, if that is what they want. It is not a failure of process. Adding another layer to the process certainly is not what is necessary.

The court has ruled on this issue saying that someone who, during his or her time in the military, develops an objection after he or she has volunteered is not entitled to refugee protection as we know it. There is a process that should be followed.

Does the member not agree that the process should be followed? At some point, when a negative decision is received, one would expect the person to respect the negative decision and leave the country.

[Committees of the House, May 29th, 2008]

Mr. Speaker, the first question I posed was whether the persons contemplated in the motion are the types who would have applied under our refugee protection legislation and the answer was yes, they would have gone through that process. As the hon. member mentioned in his speech, there is a process of course in the United States, a due process for conscientious objectors.

The United Nations High Commissioner for Refugees, in the handbook, calls for consideration of whether a resister was drafted or joined the army voluntarily and those coming to Canada now have volunteered for military service, just as the member for Edmonton Centre has indicated.

The United Nations High Commissioner for Refugees has indicated that Canada is really a model to the rest of the world in terms of the refugee protection system that it has. Of course, it is intended to protect refugees who genuinely fear persecution, the threat of torture and, in certain cases, death. It is for that purpose that we have the system.

We have a board that hears the refugee application and all of the circumstances related to it. In the event of a negative decision, the decision of the board can be appealed with leave to the Federal Court of Appeal and, if leave is granted, can be heard at the Federal Court of Appeal. In fact, if that process is gone through and there is a negative decision in the Federal Court, an appeal can be made to the Supreme Court of Canada for a decision on that as well.

We know that many have gone through that process and have received negative decisions. Then our refugee protection due process allows for applications to be made under humanitarian and compassionate grounds. In many cases, applications have been made on humanitarian and compassionate grounds and on more than one occasion all of the factors that may apply to the case or have an issue of compassion to it are presented and heard. In the event of a negative decision in that case, there is also an opportunity to apply for a pre-removal risk assessment before the person is returned to his or her country after all of that due process.

Indeed, legislation has been proposed and is going through the Senate with respect to a refugee appeal division, which is another layer of process. This does not happen at the same time but at various times, to such a point that some cases take years to complete and the confidence of the system starts to be called into question.

Through this report, the opposition would have the government allow a small and discrete group of people to completely bypass both the refugee determination process and our system of judicial review, both of which have uniformly rejected their claims of being in need of protection. Not only does the opposition want us to allow a shortcut around the refugee system, it would have the government create a special queue jumping loophole in our immigration process to allow these people to stay here legally while they flout the laws of their own country and renege on their voluntary commitments.

Right now, Canada has a fair, internationally recognized system for providing refuge to those fleeing persecution. We are committed to protecting refugees. However, Canadians want a refugee system that helps true refugees. This means we must ensure the system is there for those who genuinely need it.

There is no compelling reason to undermine the integrity, the fairness, and the consistency of our immigration and refugee protection programs in order to provide a special and unique benefit to the claimants that are referred to in the motion.

That said, I would therefore move:

That the House do now proceed to the Orders of the Day.

[Committees of the House, May 29th, 2008]

Mr. Speaker, I have just a quick question for the hon. member. In regard to the people she speaks of in respect to her motion, would she agree with me that they have made application for refuge under the refugee protection legislation that presently exists?