Jinny Sims

[Faster Removal of Foreign Criminals Act, September 24th, 2012]

Mr. Speaker, as we take a look at this bill, that is an area of great concern.

We have always believed that one should not punish other people for crimes committed by someone else. These are the kinds of questions we will be asking at the committee stage, trying to get clarity. These give us a great deal of concern. My colleague is rightfully worried about this.

[Faster Removal of Foreign Criminals Act, September 24th, 2012]

Mr. Speaker, let me be very clear that we are fully prepared to work with the government to ensure a fair and judicious removal of non-citizens who commit serious crimes that endanger our communities.

One thing I will put back to him is that we are looking forward to going to the committee stage, coming to terms with and at least receiving clarity from the government as to what it means by “serious crimes”. We will be asking those questions. We will have amendments at that stage.

We are very concerned by the wide net this piece of legislation casts, and also the image that newcomers are rife with criminality.

[Faster Removal of Foreign Criminals Act, September 24th, 2012]

Mr. Speaker, I rise today to take part in this important debate on Bill C-43, which the government purports will lead to the faster removal of non-citizens who commit serious offences.

I want to make it clear that as New Democrats we recognize the need for an efficient and responsive judicial approach to removing serious criminals who are not citizens.

All Canadians want a tough approach to non-citizens who commit serious, often violent, crimes in our communities. Newcomers in our communities, the vast majority of whom are law-abiding and follow the rules, would be among the first to agree with this sentiment.

I made it clear when this legislation was first introduced that as a responsible opposition, we are ready to work with the government to ensure that criminals of all backgrounds are not allowed to abuse our appeal processes.

That being said, we have serious concerns about the bill being proposed here. We are concerned about both its effectiveness in dealing with the issue of non-citizen criminality, as well as its extraordinarily wide scope. Much like the Conservatives' crime legislation before it, we worry that Bill C-43 seeks to kill a fly with a sledgehammer, running the risk of both failing to deal with a problem and trampling on rights at the same time.

The minister has trotted out five sensational examples of non-citizens who have apparently abused the IRB appeals process to stay in Canada. On their face, these seem serious and, as the opposition, we are willing to examine them to ensure the public safety of all Canadians. However, there is a real risk, as I would hope the minister would agree, with making sweeping changes based solely on extraordinary cases. It may make good headlines and flashy press conferences, but it does not necessarily make for good public policy.

I must also point out that there are elements in the bill that seem to have merit and are worth further study. For example, Bill C-43 recognizes that entering Canada with the assistance of someone involved in organized criminal activity is not in itself adequate to determine inadmissibility. We think this makes good sense.

I have to say that I am a bit amazed that after an omnibus refugee reform bill and dozens of regulatory changes, the government did not make this change earlier. New Democrats have long called for better legislation to ensure that victims of trafficking are not caught up in rules intended to catch traffickers.

Additionally, we think it is reasonable to put people who are inadmissible on the grounds of security under conditions even when they are not detained. Again, we think these measures in Bill C-43 require much more study and scrutiny.

What are our main concerns with the substance of the legislation being proposed? First, we are concerned about yet another piece of government legislation that seeks to concentrate more arbitrary power in the hands of the minister. For example, Bill C-43 grants sweeping new powers to the minister to ban a foreign national from entering, leaving or being admissible, based on ambiguous public policy considerations. The last thing our immigration system needs is to be even more politicized than it already is.

The reality is that we have a good, independent system for determining admissibility and we do not need it to be replaced by the whim of the minister. The minister should not be able to keep out people who simply disagree with the government. In fact, it is ridiculous to believe that giving the immigration minister more power will solve anything at all.

On this side of the House, we believe that strengthening the independent judicial process is a better way to close a perceived loophole for criminals than concentrating yet more powers with the minister.

Our second major concern is the change in the definition of serious criminality under this legislation. Previously, serious criminality was defined as a crime subject to a sentence of two years or more. The bill before us seeks to change that to a sentence of six months or more. On face value, this may seem reasonable. After all, the 2010 and 2011 statistics on sentencing show that the most common offences to be encapsulated by the new definition would be sexual assault and robbery.

The minister will get no argument from me or my NDP colleagues that these violent crimes represent serious criminality. However, here is the rub. New sentences brought in by the Conservatives' crime legislation make a whole host of non-violent crimes subject to mandatory minimums that could drastically effect how we look at this legislation. As New Democrats, we strongly support greater study on this aspect of the bill so that Canadians can fully understand the impact of this change in definition.

The third concern is that Bill C-43 would not only apply to those convicted of serious crimes in Canada, but also abroad. While Canada is not perfect, it boasts one of the fairest judicial systems anywhere in the world. Other countries are not so lucky. Unfortunately, in many jurisdictions around the world simply being a member of an opposition party can get someone convicted of a serious crime. These cases, more than any other, highlight the need for due process before the law. We must make sure that Canada remains a welcoming beacon of hope for those fleeing persecution abroad.

Professionals who work with immigrants and refugees, as well as the diaspora groups, have also raised concerns that this legislation could unfairly punish the young and mentally ill. Again, a robust study at the committee level must ensure we get answers to these perplexing questions. We must ensure that no consequences, unintended or otherwise, hurt the most vulnerable among us.

Another troubling feature for us in the bill is that the bill relieves the minister of the responsibility to examine humanitarian circumstances, taking into account the interests of children affected. In our view, ignoring the interests of children is not something the minister should be relieved of.

Perhaps the biggest concern the official opposition has with the legislation is that it is an attempt to turn the channel away from the other sweeping changes the minister is making to our immigration system. We worry that this is yet another attempt to vilify permanent residents in the minds of Canadians, focusing almost exclusive attention on a tiny minority to create the impression that newcomer communities are rife with cheats, queue-jumpers and criminals. This simply is not the case. The NDP stands with newcomers who want the government to focus on making the immigration system fairer and more accountable for the vast majority who do not commit crimes and who follow the rules.

The reality is that the Conservative government's radical overhaul of Canada's immigration and refugee system is turning us into a less welcoming country. These changes limit the possibility of newcomers to reunite with their families and stifle attempts to build stronger communities. Canada was built by the hard work of newcomers from all over the world and this continues to be the case. New waves of immigration are helping build thriving communities and a 21st century workforce. Unfortunately, instead of welcoming skilled immigrants and addressing Canada's long-term needs, the Conservative government is prioritizing temporary work visas to help big business pay lower wages. This is not how we built our country and it will not be the way to build the economy of the future.

The Conservatives have increased the number of temporary foreign workers by almost 200% while allowing employers to pay them 15% less than a Canadian worker would earn. These workers come here alone. They are not allowed to bring their families. After sending money back home, they themselves are forced to go back home. This does not build communities. One would think that if someone were good enough to work in Canada they would be good enough to stay, but not under the Conservative government.

Last week in question period I highlighted a recent report that points to shocking negligence on the part of the federal government in protecting migrant workers. Too often they are subject to systemic abuse due to federal immigration laws and provincial labour standards. At the same time, the government has pressed the delete button on more than 280,000 potential new Canadians in the skilled worker backlog. These are folks who have followed the rules and whose skills Canada's economy desperately needs.

In the 2011 election, the member for Calgary Southeast cleverly courted ethnic and cultural communities by learning and reciting greetings in a myriad of languages. He showed up at many functions and promised a kinder and gentler immigration policy. However, after the Conservatives won their coveted parliamentary majority, the Conservative message has been the same no matter what language one speaks: newcomers have little value outside of being economic units for cheap temporary labour. This is wrong.

In addition to being my party's critic for immigration, I am also a spokesperson for multiculturalism. It is a responsibility I take very seriously. I am honoured to represent Newton—North Delta, one of the most diverse ridings in the country. In addition to hard-working people who have called Canada home for many generations, it is blessed to have newcomers from all over the world who make our communities stronger, immigrants from India, Pakistan, the Philippines, China, Asia and all over Europe, just to name a few. All of them tell me their number one priority is to reunite with their families and build strong communities. They came to Canada with the hope of a better future and under the promise that they could eventually bring their families.

Unfortunately, the government has systematically dismantled the family reunification provisions of Canada's immigration system, including making it harder for spouses to become permanent residents. It has also stopped applications for parents and grandparents, preventing them from being reunited with their children and grandchildren. Many grandparents now pass away before they can come to Canada and hold their grandchildren in their arms for the first time. This is more than political for me, it is very personal. I am saddened by the direction the government is taking us in. I was fortunate to come to this country, bring my family and contribute to my community, but I wonder if my story is even possible under the Conservative changes.

Another issue of great concern to the people in my riding and right across the country is the arbitrary rejection of visitor visas. The rejection rate is huge and many in my riding have had their families prevented from attending weddings and, yes, even funerals. Many are given no reason and have no chance to appeal these decisions. I only wish the government would spend half as much time making our visitor visa system fair as it does on bills like the one we are discussing today.

I also want to address this bill in the larger context of the sweeping and mean-spirited changes the government has introduced to our refugee system, in particular changes to the interim federal health program. Last spring, with much fanfare, the government announced that it would cut health coverage to vulnerable refugee claimants. Backbench MPs on the other side have even sent ten percenter mailings home declaring an end to gold-plated coverage for refugees, but the reality is far less pretty.

The move effectively denies access to health care to many legitimate refugees whose families have limited or no financial means. Canada was built on the idea that we all have a responsibility to take care of one another, especially the vulnerable, but the Conservative government is targeting this very basic Canadian value. Frankly, it is unconscionable to think that my colleagues across the floor would deny refugees the basic right of health care, but there we have it. They are playing politics with people's lives.

The cuts to health care in the bill we are debating today are not the only drastic changes the government is making to refugee policy. Last week we learned that Fatemeh Tosarvanda, an Iranian woman in Canada, is facing imminent deportation despite evidence proving she faces adultery charges in Iran that, under Sharia law, could result in her being stoned to death. Under the Conservatives' draconian refugee reform package, all refugee claimants are now banned from applying for a pre-removal risk assessment within a year of receiving a negative answer on their claim, but the assessment is a second chance to consider whether it is truly safe to send a rejected claimant like Fatemeh back.

While considering this legislation, I would urge all of my colleagues to look at the bigger picture. We all want to protect our communities from criminal activity. My riding has seen first-hand the terror inflicted by guns, gangs and violence. However, we need to take a balanced approach, one that deals seriously with criminals and also creates the opportunities and hope that stops crime before it starts.

This summer it was revealed that the Conservative government is cutting 20% of federal funding for youth justice programs in Canada. It is cutting over $35 million used to supervise and rehabilitate young offenders. What kind of a crime prevention strategy is that?

Furthermore, the government is failing to deliver on its promise to put more police on the streets in our vulnerable communities. In my province of B.C., 42 staff who supported the work of the RCMP have received notices stating that they could lose their jobs. Cutting people who help our front-line police officers is no way to prevent crime and make our communities safer.

We must ask ourselves why the government is not focusing on making our communities safe from criminals of all backgrounds rather than focusing so much attention on demonizing newcomers.

When it comes to the legislation before the House today, I strongly believe that we can prevent non-citizens who commit serious crimes from abusing our appeal processes without trampling on their rights. I am willing to work with the government to ensure a balanced approach. My New Democrat colleagues and I stand firmly with newcomers, who think we should focus more time and legislative effort to make sure the immigration system is faster and fairer for those who do not commit crimes.

As I mentioned earlier in my speech, the vast majority of newcomers follow the rules and they deserve the House's attention. It is time for the government to treat immigrants as the nation builders that they are and offer them a fairer, easier way to be reunited with their loved ones. Unfortunately, too much time and too many press conferences are being dedicated to creating a false impression of Canada's diverse newcomer community.

Bill C-43 is another wide-ranging bill that covers a huge number of issues. We had hoped to see the end of bills made up to change the channel in favour of a better thought-out bill by the minister.

Since I have come to Parliament I have seen a myriad of changes. It seems almost on a weekly basis there are changes to regulations and there are new bills. What we need is a coherent, fair, equitable and transparent immigration policy that would help us to build on the strengths that newcomers bring to us, not this haphazard approach.

Let us carefully consider this legislation but let us also refocus our efforts on making Canada the welcoming, compassionate place that it once was and can be again.

[Faster Removal of Foreign Criminals Act, September 24th, 2012]

Mr. Speaker, we all want to be tougher on non-citizens who commit serious crimes in Canada, but we have some very serious concerns with aspects of this Conservative bill that would concentrate more arbitrary powers into the hands of the minister.

For example, the minister can keep out and declare people who are not in Canada yet inadmissible for up to 36 months as well as those who are already in Canada on grounds of public policy. This whole area seems just so wide, so open and not very clear.

Why is the government trivializing our judicial system and judicial processes by placing more arbitrary powers into the hands of the minister?

[Citizenship and Immigration, September 19th, 2012]

Mr. Speaker, like other war resisters, Kimberly Rivera came to Canada because she did not want to serve in the Iraq war, a war she believed was unjust. She built a life here in Canada. Two of her children were born here. Yet she is scheduled for deportation tomorrow.

Will the minister do the humanitarian and compassionate thing? Will he do the right thing and allow Ms. Rivera to stay?

[Citizenship and Immigration, September 18th, 2012]

Mr. Speaker, a new report shows that migrant workers face systemic exploitation. Temporary foreign workers are particularly vulnerable to abuse. They have no access to permanent residency and there is little oversight. To make life even more difficult, new government changes mean employers can now pay migrant workers 15% less than the average Canadian worker.

Why is the government failing to protect migrant workers from abuse?

[Enhancing Royal Canadian Mounted Police Accountability Act, September 18th, 2012]

Mr. Speaker, in the spirit of debate and answering questions that are asked, I will also go on to say that a question was asked: Did my colleagues across the aisle receive orders not to speak, not to ask questions and not to take part in debate?

I still believe the minister has too much power when all the reporting from the commissioner goes directly to the minister and does not come back to the House. It is this House that needs to be receiving the reports from the commissioners.

[Enhancing Royal Canadian Mounted Police Accountability Act, September 18th, 2012]

Mr. Speaker, one of the hardest things to do is to bring about cultural change in an organization. It does not happen without developing a strategic plan. It also does not happen without a framework and committing some resources. However, it certainly will never take place if the cultural change forces are on the outside only. We know that within the RCMP significant numbers of RCMP officers want to address this cultural change but unless we engage them and make them part of that process, this will be a very slow and painful, and I do not want to think so, but an unsuccessful venture.

[Enhancing Royal Canadian Mounted Police Accountability Act, September 18th, 2012]

Mr. Speaker, I can remember what was said in June, as quoted here, and one of the reasons behind this bill was to increase the trust and accountability within the RCMP. When there is that much power vested in the commissioner who can delegate it to other people, that should give us some serious concern. We need more independence and that independent commission needs to be reporting to Parliament rather than to ministers, to commissioners or to anybody else.

When we get into denying things too much, I want to go back to the idea of the lack of debate and the almost silence from the government side is to be noted. If the idea of second reading is just that we say yes and send it to the second stage, why call us all back into the House and not just do that? This is a debate stage and I have not noticed speakers being nominated from the other side.

[Enhancing Royal Canadian Mounted Police Accountability Act, September 18th, 2012]

Mr. Speaker, I was pleased to see many of my colleagues across the way actually stand to ask me a question. That sort of encouraged me that maybe we are here to debate something.

The purpose of having legislation at second reading in this House is for us to debate. If it were just for us to say yea or nay, it would be different. I think the opposition has been very clear that what we are planning to do is not just tweak this legislation at the committee stage. We have some major amendments and some very serious concerns that we will be addressing at the committee stage.

We take that work that we will be doing, going through clause by clause and making our amendments, very seriously. I do not want to leave this House with the idea that we support this bill as it is. I was very clear, as were other speakers, that we are supporting this bill at second reading for the purpose of it going to committee where we will have some serious amendments to address the shortfalls.