Mr. Speaker, I am very honoured to speak today on behalf of the people of my riding about Bill C-43, An Act to amend the Immigration and Refugee Protection Act, the short title of which is the Faster Removal of Foreign Criminals Act.
One of the reasons why I am interested in this subject is because I am an immigrant myself. My father was also an immigrant to the country in which I was born. Before becoming a Canadian citizen, I was a permanent resident. I heard the many very relevant comments of my colleagues in this regard. However, we have not yet heard from the Conservative members, which is unfortunate.
Like my NDP colleagues, I have many reservations about this bill. First, there is the short title: the Faster Removal of Foreign Criminals Act. Instead, we should talk about serious foreign criminals.
Bill C-43 refers to two types of people who do not have Canadian citizenship. There are newcomers, who are called “foreign nationals”, and long-time residents with permanent resident status. Permanent residents are in a different category than so-called foreign nationals because, under the bill, permanent residents can be temporary workers or students, for example.
One thing that seems to come back in all the pieces of legislation that have been introduced since the beginning of the 41st Parliament is the constant need to give more discretionary power to the Minister of Citizenship, Immigration and Multiculturalism. Frankly, this is a trend that I find very threatening as a citizen. Every time that a power is taken from the courts and judges and given to a minister, we have cause for concern. What is strange is that many reports have demonstrated that the law is not properly and fairly applied because of the lack of resources in the ministry and in the agency in charge of immigration.
One of the problems with this bill is the removal of the right to appeal in certain circumstances. That is dangerous, in my opinion. Obviously, nobody likes long appeal processes that last for years. However, the other extreme, which is, namely, no right to appeal, is certainly no better. I see nothing in this bill to prevent the possibility of abusing the system and this is something I would like the justice committee to be able to modify at the next stage.
This is another immigration bill. That is quite strange, because the government tells anyone who will listen that its priorities are the economy and job creation. As it says, it is focused like a laser on the economy and job creation.
We have a number of reservations. Reports from the Auditor General have uncovered serious problems in the processing of immigration files. Specifically, there have been problems with transparency and with information management at the Canada Border Services Agency.
The Auditor General has mentioned that the act is applied randomly and that is very troubling. It is all the more troubling given the Conservatives' current tendency to concentrate decisions more and more in the hands of a few responsible people. But they are reducing the staff tasked with conducting the investigations that lead to the conclusions that allow those decisions to be made.
When you are a member of an immigrant community, as I am, you are inevitably very sensitive to the way in which immigrants are treated when they are convicted of crimes, especially those that the government is now calling serious crimes.
So that brings us back to the famous definition of a “serious criminal“. Previously, it was someone sentenced to more than two years in prison. From now on, it will be someone sentenced to more than six months in prison.
While, in theory, serious criminals are the only ones responsible for their actions, in practice, we see that crimes committed by a handful of people actually spill over onto the entire immigrant community to which those people belong. One of the direct consequences is that, more than anyone, immigrants themselves want a justice system that is effective, but above all fair, a system that ensures that crimes committed by a handful of people, however serious they may be, do not reflect negatively on an entire community that is living and working honestly and taking its place in the economy of this country.
I would also like to refer back to Bill C-31 that was brought before us in the spring and that received royal assent in June. Once again, it is very important not to lump together immigration and crime, not even by association, because too often, even systematically, when immigration and crime are lumped together, the result is xenophobia. Xenophobia is a real cancer for any open society, like ours in Canada, and for any country that has decided to use immigration as a way to replace the generations that have passed on.
Generally speaking, it is risky to examine an immigration issue in the context of a bill that targets a minority made up of foreign criminals among which only a very small number are serious criminals.
Let us now talk about the right of appeal. A number of my colleagues pointed this out. In a process—and this is a concern everyone shares—whenever the opportunity to appeal is removed, the image of justice is damaged and there is a risk of adding to the cynicism of a segment of the population that does not believe in our justice system.
There is a risk to the credibility of the justice system. That is why I am rather critical of this bill. There is a risk of adding to the cynicism of a segment of the population that does not believe in justice or in the justice system.
There has also been much talk about the case of new permanent residents who are awaiting their citizenship. There is also another situation that we do not talk about, namely that of people with dual or multiple citizenship. Quite often, people, immigrants, will not apply for Canadian citizenship. This is not because they do not want to participate in the life of our country but, rather, because they already hold citizenship that they would automatically lose if they took Canadian citizenship. This decision not only has consequences for the person who decides not to take Canadian citizenship, it also has an obvious impact on the children who did not make that choice, who did not have the opportunity to express their views on the fact that their parents decided not to take Canadian citizenship.
I am going to conclude by saying that, for all these reasons, we will support Bill C-43 at second reading. However, given the strong reservations that we have, we will give the Standing Committee on Justice and Human Rights an opportunity to hear expert testimony that may support the serious concerns raised by my colleagues and myself during this debate.
