Mr. Speaker, this is my first opportunity to address you as Mr. Speaker. Congratulations on your appointment to the chair.
I appreciate the opportunity to raise my concerns regarding Bill C-43, which I hope will be addressed in further study at committee. New Democrats recognize the need for an efficient and responsive judicial apparatus for removing serious criminals who are not citizens. However, this bill seems to extend beyond this and effectively removes some of the required checks and balances within our immigration system.
I have a few concerns with the changes included in Bill C-43. Bill C-43 would concentrate more power in the hands of the minister, giving the minister new discretionary authority over the admissibility of temporary residents. It would relieve the minister of the responsibility to examine humanitarian circumstances and as well would change what would constitute serious criminality for the purpose of access to an appeal of a determination of inadmissibility.
Previously a conviction in Canada with a sentence of two years or more resulted in an automatic revocation of a permanent or temporary resident's right to an appeal at the Immigration Appeal Division. Bill C-43, however, would revoke the right to appeal inadmissibility when there would be a conviction of six months or more.
New Democrats have said time and again that we do not support closing the door to an appeal process as it is an essential component of checks and balances in our immigration system.
An appeal process allows officials to make determinations on an individual basis, weighing all the factors to determine if someone should or should not be deported. Further to this, with the government's tough on crime agenda, we have seen a whole slew of crimes receive a mandatory minimum sentence of more than six months. The change from two years to six months merits further study of the offences that would now be included in this.
This concentration of power in the hands of one minister is a trend we continue to see under the government and is a cautionary tale of the direction of our immigration system under a Conservative majority. Granting the minister the power to unilaterally prohibit a foreign national from becoming a temporary resident for up to 36 months based on public policy considerations is a vague and broad discretion.
The broad and far-reaching powers given to the minister in Bill C-43 seem to once again go too far and require balance. Additionally, there seems to be a double standard at play when it comes to ministerial authority. When convicted foreign criminal, Conrad Black wanted back in Canada, the minister claimed that the matter was handled independently, yet now he wants the power to deport criminals.
Across the country, immigration and health experts have been raising their concerns to the changes in the bill. There are concerns among advocates that the bill runs a risk of deporting offenders who arrive in Canada with their parents at a very young age. Despite Canada being the only home they know and grew up in, we would deport them to a country about which they may know nothing.
Moreover, professionals who work with immigrants and refugees have stated that this new federal legislation unfairly punishes the young and people with mental illness. Bill C-43 has been marketed exclusively on its intent to speed up deportations of serious multiple offenders. However, the devil is in the details and these details merit further study and expert opinion.
What I also find particularly troubling throughout the course of immigration changes the government has introduced is the language that the Conservative government continues to use when speaking about newcomers in our country.
When discussing Bill C-31, refugees who were fleeing war-torn countries to save their lives were continually referred to as “bogus” and “queue jumpers” in need of mandatory detention by the members opposite. Now under Bill C-43, permanent residents are referred as “foreigners”. This term is misleading and wide-sweeping, completely neglecting the fact that permanent residents have spent the majority of their lives in Canada, contributing to our communities and paying taxes.
The majority of newcomers to Canada are law-abiding citizens who do not commit crimes. Rather than introducing legislation that continues to demonize newcomers, where is the support for newcomers who follow the rules? Why is the government not spending more time ensuring that the majority of newcomers in Canada are being treated fairly and are not waiting three to five years to be reunited with their partners and children? We need a government that acts to help new Canadians reunite with their families and find work that matches their skill set.
The New Democrats look to work with the government to prevent non-citizens who commit serious crimes from abusing our appeals process without trampling on rights. We continue to stand with newcomers who want the government to focus on making our immigration system faster and fairer for the vast majority who do not commit crimes and follow the rules.
We can allow the systems currently in place, including our immigration tribunal and Canadian judiciary, to do their work or provide them with the necessary resources to do the job effectively rather than trivializing the judicial process and giving the minister the authority to arbitrarily make decisions. I should add, if the minister were serious about improving Canada's immigration and refugee system, he would stop appointing his friends to the Immigration and Refugee Board.
We could also do what the Auditor General has repeatedly recommended and make improvements to the current system and administration of the laws currently in place, including proper training, service standards and quality assurance checks.
Rather than continually portraying newcomers negatively, the government should focus on giving law enforcement the resources it needs to keep us safe from all criminals.
I spent the summer talking to constituents about community safety and social issues in Scarborough. What I heard from constituents were worries and concerns for the need for support and prevention strategies to keep our youth from turning to crime and actions from the federal government to keep our communities safe. At the end of the day, victims were concerned that crimes were being committed in their communities and steps were not being taken to prevent these crimes.
I hope the government will take the concerns raised by experts, myself and my colleagues on this side of the House seriously at the committee level and that it will listen to the experts' warnings about the impacts and consequences of the bill on people with the intention of improvements and upholding rights,.
It is a warning to us all that some of the concerns raised by experts during the study of Bill C-31 are already being realized. Thanks to Bill C-31, all refugee claimants are now banned from applying for a pre-removal risk assessment within one year of receiving a negative answer on their claim. This assessment is used as a second chance to consider whether it is truly safe to send a rejected claimant back to his or her country of origin.
Last week, we learned of a woman from Iran who could face deportation despite new evidence proving that she faces an adultery charge that could, under Sharia law, result in her being stoned to death. Although her lawyer obtained new documents to speak to her refugee claim, because of the changes included in Bill C-31, this new evidence cannot be considered by the Canada Border Service Agency officials because of the one-year rule.
I recall hearing this very concern raised, that new evidence can come to light during this one-year period, during the Bill C-31 study at committee. Unfortunately, this concern, along with many others, fell on the deaf ears of our government and were left unaddressed.
I hope that this is not repeated during the study of Bill C-43 in committee, but rather that we listen to the experts and work together to prevent non-citizens who commit serious crimes from abusing our appeals process while upholding our Canadian values.