Mr. Speaker, it is with very mixed feelings that I take part in this discussion on Bill C-43. I say mixed feelings because there is definitely an issue here worth discussing and finding a solution to, but this is no way to approach it.
I am here, speaking in the House, because of the voters of Trois-Rivières. We can all agree that Trois-Rivières is not exactly an immigration gateway to Canada. Imagine my surprise in the weeks following my election when I saw the plurality of the cultural communities in Trois-Rivières, when I spoke with the people of those communities and recognized the wealth of diversity. I also recognized a need to listen to one another, in order to try to understand each other, given our respective cultural baggage.
I realized that there should be an individualized approach to immigration for each of the people that I met with in my riding office. There is no doubt that, of all the files that I have dealt with in Trois-Rivières since I was elected, those related to the Department of Citizenship and Immigration have been the most complex. It seems that this goes without saying, given the nature of the subject at hand. As a result, I have a very hard time when someone tries to present a simple or even simplistic solution to a complex problem involving immigration.
Thus, to support Bill C-43 as it stands would require me to turn my back on core values that I cannot deny. It is also asking me to take a great leap of faith to vote to send this bill to committee in the hopes that major amendments will be made to it, particularly given the number of amendments that were accepted in the case of a bill as large and important as Bill C-38. If the past is any indication, there is not much there to reassure me.
However, with all due respect for parliamentarianism, I must still place some hope in committee work and in the fact that the committee could considerably improve a bill that contains certain elements that I think are essential and could do away with others that are simply not consistent with the values held by most Canadians.
For the sake of time, I will start with my biggest concern. If I have any time left, I will end with the points on which both sides of the House could come to an agreement. I hope that this approach will be constructive and will help to set the tone for the work that members of this committee will do.
My first concern is that the vision of the Conservatives' bill is completely black and white. Bill C-43 is one of many Conservative bills that, as I said earlier, proposes a simple solution to a complex problem. With regard to the bill we are discussing this afternoon, there seem to be good people and bad people but very rarely good people who have given in to a moment of weakness and are not necessarily destined for a life of crime, but whom the Conservatives want to force to leave the country.
The picture before us is, once again, presented only in black and white, with almost no shades of grey. Yet it is difficult to describe reality without using all shades of grey. We simply have to think back to black and white television, for those who are my age, anyway. If there had been no shades of grey, we would not have seen much of anything. Very few things, particularly concerning immigration, correspond to this dualistic view of the world. Any search for consensus must look at solutions that take into account a broader range of shades of grey, which will allow us to consider every possible situation.
Bill C-43 also presents a risk of considerable abuse.
Let us first talk about the powers that would be granted to the minister. I must point out that this is not a question of examining the personality of the current Minister of Citizenship, Immigration and Multiculturalism, but rather of the powers that could be exercised by any individual who is in charge of that rather complex department.
Usually, in famous western movies, there are good guys and bad guys, and there is usually a sheriff to mediate the conflict. Well, in this case, it seems that the sheriff is none other than the Minister of Citizenship, Immigration and Multiculturalism. His discretionary power will increase, while the criteria used to achieve justice seem to be decreasing.
The minister would thus have the authority needed to rule on the admissibility of temporary resident applicants. That means that the minister could rule that the foreign national is inadmissible for up to 36 months, if he believes that it is in the public interest.
I will digress for a moment. First, the verb “to believe” introduces a grey area or value judgment. It is hard to imagine that the verb to believe refers to objective criteria. The belief might vary from one minister to the next. We know that cabinet shuffles, even changes in government, are legion in our democratic system.
Bill C-43 does not define public interest. What is really in the public interest and allows the minister to determine that it would be best to deport a person?
What is more, Bill C-43 takes away from the minister the responsibility, even the obligation, to examine the humanitarian circumstances of the foreign national who is deemed inadmissible for security reasons. That again is a grey area and is difficult to define.
I believe that the minister in charge of such a department must be the instance of last resort. He must rise above the fray and not be a part of the decision-making machine, and not have a penchant for ideology.
Furthermore, the bill changes the definition of what is considered to be “serious criminality”. This will be a particularly important matter to be debated in committee. What corresponds to the NDP or Conservative view of what we might term “serious criminality”, and will also garner the broadest consensus among Canadians when it is time to describe and judge what constitutes “serious criminality”?
Previously, a serious criminal was someone given a sentence of two or more years, which was the logical connection to the judge's reasoning when judging a crime. If a crime was deemed to be punishable with a sentence of two years or more, the criterion of “serious criminality” was met.
By changing this criterion from two years or more to six months or more, will judges be asked to change how they interpret the law and make their rulings? Absolutely not. It means that we are opening the door to including all sorts of crimes that, under the old law, would not have been viewed as “serious criminality” and that detractors would consider to be grounds for deportation.
We can well imagine that judges will not change their rulings and that a much larger number of cases may find their way into the new process set out by Bill C-43.
What about the right to an appeal process? It is no longer an option, even for someone given a six-month sentence for a crime that most Canadians would not consider a real threat to public safety.
For example, imagine an immigrant with an incurable illness that causes unbearable pain. He decides to seek relief by discreetly growing five or six pot plants at home. He is not selling drugs. While some parliamentarians are considering the possibility of legalizing marijuana, for just such a situation, that person could be found guilty of a serious crime and be deported to a country that he does not know well enough culturally to live in safely and soundly. He may have come to Canada as a child. Canada could be his only refuge and ours the only culture he has ever known.
