Bill C-31 (Historical)

Protecting Canada's Immigration System Act

An Act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act, the Marine Transportation Security Act and the Department of Citizenship and Immigration Act

This enactment amends the Immigration and Refugee Protection Act and the Balanced Refugee Reform Act to, among other things, provide for the expediting of the processing of refugee protection claims.
The Immigration and Refugee Protection Act is also amended to authorize the Minister, in certain circumstances, to designate as an irregular arrival the arrival in Canada of a group of persons and to provide for the effects of such a designation in respect of those persons, including in relation to detention, conditions of release from detention and applications for permanent resident status. In addition, the enactment amends certain enforcement provisions of that Act, notably to expand the scope of the offence of human smuggling and to provide for minimum punishments in relation to that offence. Furthermore, the enactment amends that Act to expand sponsorship options in respect of foreign nationals and to require the provision of biometric information when an application for a temporary resident visa, study permit or work permit is made.
In addition, the enactment amends the Marine Transportation Security Act to increase the penalties for persons who fail to provide information that is required to be reported before a vessel enters Canadian waters or to comply with ministerial directions and for persons who provide false or misleading information. It creates a new offence in respect of vessels that fail to comply with ministerial directions and authorizes the making of regulations respecting the disclosure of certain information for the purpose of protecting the safety or security of Canada or Canadians.
Finally, the enactment amends the Department of Citizenship and Immigration Act to enhance the authority for the Minister of Citizenship and Immigration to enter into agreements and arrangements with foreign governments, and to provide services to the Canada Border Services Agency.

Protecting Canada's Immigration System Act

[Jean Crowder, NDP, Nanaimo—Cowichan, BC]

Mr. Speaker, actually, Amnesty International has raised this as an issue about looking at how a group of refugees comes. It cites article 9 of the International Covenant on Civil and Political Rights, which reads:

Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention.

The same article stipulates that anyone who is deprived of his or her liberty by arrest or detention shall be entitled to take proceedings before a court and so on.

Other organizations are also raising concerns about how we are targeting refugees, on how they arrive in Canada and on how we are treating them differently.

[Jinny Sims, NDP, Newton—North Delta, BC]

Mr. Speaker, the NDP has been very clear since we started debate on this motion that we are absolutely in support of targeting the smugglers and that we should be working with the international community to ensure that they get the punishment they deserve and all the disincentives.

However, we are not in favour of punishing the victims, which is what this bill would do.

Could my colleague tells us exactly what will happen to children who are under 16 when they arrive on one of these boats?

[Jean Crowder, NDP, Nanaimo—Cowichan, BC]

Mr. Speaker, my understanding of this bill is that children under the age of 16 would often be treated the same way as adults. The physician whose comment I was reading was targeting how many of these young people are traumatized in their countries of origin and here we will add to that trauma. We would argue that it violates the Convention on the Rights of the Child.

We would urge the government to review that section of the bill.

[Paul Calandra, Conservative, Parliamentary Secretary to the Minister of Canadian Heritage]

Mr. Speaker, it is an honour, obviously, to speak to this bill.

I come from a community which, as I have said many times in the House, is the largest riding in the country. Some 250,000 people call my riding home. It is a community that has been built on immigration. Specifically, over the last 30 years, my community has grown dramatically in leaps and bounds. The entire York region has grown by leaps and bounds because of immigration to our community. Markham is one of the most diverse municipalities, if not the most diverse city, in all of Canada. We are proud of that because in Markham, Stouffville, King City and Richmond Hill, the communities that I represent, we understand that immigration is important to our communities. Immigration is what helps build and boost our economy. We understand that diversity is a strength, not a weakness.

I have to take a moment to congratulate the minister and the parliamentary secretary. What has been most impressive with this legislation, and in the last Parliament as well, is the ability of the minister and the parliamentary secretary to sit down with individuals to bring bills forward and to come to a consensus that is not only good for Canadians, but is good for those who would seek to come to Canada.

I had the pleasure of being on the immigration committee in the last Parliament when we studied a previous bill. We heard continually that the bill we brought forward then, which received the unanimous support of Parliament, was the first step in addressing what were many problems within the immigration system. It is absolutely no secret that when we took office, we were left with a system which had a backlog of a million people waiting to come to Canada. In the past, the first experience for people who wanted to come to this country was applying through the immigration system and being told that they would have to wait some seven to ten years before they would actually gain entrance into Canada. Many of them had moved on to other places. Some had fallen off the list for other reasons. We were not keeping track of things.

The minister, the parliamentary secretary and this government decided that we had to do something about that. If Canada was to continue to remain a prosperous country, we had to do better to encourage the right type of people to come to Canada so that we could continue the strong economic growth that we have had. The minister set out to make some changes. We worked with our provincial partners to make sure the people we were attracting to Canada were the type of people our economy required. We sat down with our provincial partners to find out the job categories they were looking to fill. They helped us create categories where we could encourage people with the needed skills to come to Canada .

We also told people that when they come to Canada, we want to get them employed faster. This government has moved very quickly to recognize foreign credentials so that when people come to Canada, they can actually be productive members of our society as soon as possible.

These are the types of changes we have started to make. Under the Balanced Refugee Reform Act we went even further.

We always said that we needed to do more to make sure that our immigration system reflected Canada's values and to put Canada first. What we are doing now is making some additional changes to our refugee system to ensure that Canada remains the best destination in the world for people to come to, but to also remove the disincentive for those people who would seek to take advantage of our generosity.

Recently, there were two ships that came to Canada. My community was the final destination for many of the people who were aboard those two ships. I recall the diverse opinions from people across my community. There was an immediate sense of wondering who the individuals coming to Canada were and what it was that they were fleeing. People wanted to know more about them.

This government had to put in place mechanisms. Through this legislation we are putting in place mechanisms that will make sure that people who seek to come to Canada actually require the assistance and protection of the Government of Canada, and our continued generosity. Unfortunately, in the past we have seen that there are individuals who would seek to take advantage of Canada's immigration policies. That is not how this country was built.

My parents came to this country in the late 1950s, early 1960s from Italy. They came in at Pier 21, as many immigrants did. Like millions of other hard-working immigrants, they came to this country, worked hard, loved this country, and were very proud to be Canadians. They contributed not only to the community but also to the province and to the country until the day they died. That is the type of immigrant this country is seeking.

This country also does its part in making sure that those who are in need of protection get Canada's protection, but we will not stand for people seeking to take advantage of this generosity. Canadians do not expect us to stand for that.

We made it clear in the last election and in the throne speech that we intended to seek further changes to our immigration policies to make sure we put Canadians first, to make sure we put the protection of vulnerable individuals first. That is what we are doing.

When there are more refugee claimants from Europe than there are from other places in the world where there is an absolute need, then we have a problem that needs to be addressed. That is what we are doing.

My community is one of the most diverse communities in the entire country. I am proud to say that my riding of Oak Ridges—Markham is home to Canada's newest national park, the Rouge National Park. My riding is the largest in the entire country. It is also the breadbasket of southern Ontario. Some of the most fertile lands in all of southern Ontario are located in my riding, through Whitchurch, Stouffville, northern Markham, King City. This is the time of year when our farmers seek the assistance of people from all over the world to help them plant and bring in their crops, and to make sure that their fields remain some of the most productive.

We are making changes to the immigration system that will allow us to continue that and will also allow us to seek the people this country needs to continue what has been the best global economic recovery of any nation in the world.

We are doing very well in this country not only because of policies that have been brought in by the Minister of Finance, but because of policies that the Minister of Immigration has brought in, the policies which have encouraged people to come to Canada.

I have the honour of representing the Department of Canadian Heritage. During the global economic downturn, we increased funding in culture and heritage because we understood that was important to the Canadian economy. No other G8 country did that. During the global economic downturn, while other G8 countries were reducing immigration, we were doing just the opposite. We were increasing immigration, because we understand how important immigration is to Canada and to our communities. We understand how important immigrants have been in helping to make this the best country in the world in which to live.

Canadians and people who seek to come to this country expect our immigration system to reflect what they need. We want to protect people faster. We want to make sure that those who need the support of this country get it. We want to make sure that those who seek to take advantage of our system, the human smugglers, are punished and that they are not given any incentives. We work with our international partners to make sure that we do our best to stop people before they actually get on the ships and pay the ransom they are asked to pay.

The member for Kildonan—St. Paul has been a tireless worker on human smuggling and protecting vulnerable women.

We on this side of the House understand a number of things. We understand that immigrants and the immigration system help to make this country a great place to live. We also understand that if we are going to continue to be the best country in the world, we have to do better to make sure that Canadians have confidence in the systems that support their government. That includes the immigration system.

We have tackled workers' credentials. We are tackling the backlog. Now we are reforming the refugee system to make sure that those who seek our protection actually get the protection that they deserve.

[Jinny Sims, NDP, Newton—North Delta, BC]

Mr. Speaker, it is very difficult to sit across the aisle here and listen to some of the things that are being said about how much the government supports immigration and how much it supports refugees, when in fact, in this particular bill, two tiers of refugees are being created.

People are going to be recognized as refugees, but even after our recognition of them with all the criteria we use, we are still going to treat the refugees who arrive as so-called irregulars very differently. We will not be giving them any travel documents or permanent residency for five years after they have been recognized as refugees. They will not have any travel documents and they will not be able to bring their family members here to join them.

For a government that speaks so much about the family being central in Canadian society, why is the government attacking the families of the most vulnerable refugees who will land on our shores?

[Paul Calandra, Conservative, Oak Ridges—Markham, ON]

Mr. Speaker, nothing could be further from the truth. This government has done everything in its power to encourage people to come to this country, as my family did. This government will continue to support legitimate refugees and those immigrants who want to come to this country and help build a better Canadian society.

The member is specifically referencing people who come in as irregular arrivals. We need to find out who they are. Canadians expect their immigration system to make sure that we know exactly who they are.

In many cases, people have paid a ransom to human smugglers, whom the opposition seems to want to support. We do not want people coming here and bringing their families, also as slaves, to try and pay off a ransom they have been forced to pay to criminal elements who have put them on ships. Criminal elements are forcing people to pay $25,000 to $50,000 a year to come to Canada, when they could have come legitimately.

This government has made changes to the immigration system that actually encourage some of the highest levels of immigration in this country's history. We will not create new slaves, people who are beholden to criminal elements at home and abroad. This government will always put the rights of hard-working Canadians, hard-working immigrants and real refugees ahead of the criminal elements.

[LaVar Payne, Conservative, Medicine Hat, AB]

Mr. Speaker, Brooks, Alberta, is a city in my riding that has a huge population of immigrants and refugees. On average, per capita, it is probably far greater than most other communities across this country. I have talked to those individuals, those immigrants and those refugees. They tell me that they are extremely upset with people who are jumping the queue.

How would this bill help us to protect the opportunity for people to come to this country as immigrants and refugees?

[Paul Calandra, Conservative, Oak Ridges—Markham, ON]

Mr. Speaker, the member for Medicine Hat comes from a region of the country that is in an economic boom. His community requires hard-working skilled immigrants to help our Canadian economy continue to prosper.

The member is quite right. Canadians expect that those legitimate people who want to come to this country and be a productive part of our society should get priority. They should be able to get here as soon as they possibly can so that we can meet some of the labour shortages across the country to help the extraordinary economic recovery that we have had in this country.

Canadians also expect us to deal with those who would seek to take advantage of this Canadian generosity, those who would seek to circumvent the rules, and those criminal elements who would seek to take advantage of people in need, criminal elements who seek ransoms of $25,000 to $50,000 per person. We are going to put them out of business. That is what Canadians expect this government to do and we will do it.

[Scott Armstrong, Conservative, Cumberland—Colchester—Musquodoboit Valley, NS]

Mr. Speaker, it is my pleasure to speak today on Bill C-31, the protecting Canada's immigration system act, and to voice my strong opposition to the irresponsible NDP and Liberal amendments that will gut this necessary and important piece of legislation, which will improve the country's immigration system in a number of important ways.

Immigration is central to our country's history, to our prosperity, to our international reputation for generosity and humanitarianism and our great success as a nation. That is why I am pleased to speak today in support of a bill that is designed to ensure that our country has a strong, effective and efficient immigration system.

Bill C-31, the protecting Canada's immigration system act, aims to strengthen Canada's immigration system in three very specific ways.

First, it would further build on the long-needed reforms to the asylum system that were passed in Parliament in June 2010 as part of the Balanced Refugee Reform Act.

Second, it would allow Canadian authorities to better crack down on the lucrative business of human smuggling by integrating measures that the government previously introduced in the Preventing Human Smugglers from Abusing Canada's Immigration System Act.

Third, it would enable the introduction of biometric technology for screening visa applicants which would strengthen our immigration program in a number of important ways.

All these measures are important for many reasons and I would like to spell out how and why.

On refugee reform, Canada has the fairest and most generous asylum system in the world. In fact, we resettle more refugees than almost any country on the planet, and we are increasing that number by 20%, a record of which all Canadians can be proud. However, it is not a secret that our system is open to abuse. The facts paint a clear picture.

Last year asylum claims for democratic and rights respecting European Union countries made up a quarter of all claims in Canada. Shockingly, that is more than the claims we received from Africa and Asia. What is more, virtually all these asylum claims from the EU were either abandoned or withdrawn by the claimants or rejected by the independent IRB.

In other words, these people were not in need of Canada's protection when they applied to come to Canada as refugees, but they came anyway. They came to soak up our generous benefits and to try to jump the queue because they did not want to wait in line and follow the rules like everyone else. While here, these bogus claimants have access to our generous taxpayer-funded health care system and our welfare benefits. Indeed, the average bogus asylum seeker costs the taxpayers $55,000 each.

The opposition can argue against this bill, but they cannot argue with those facts.

The measures in Bill C-31, the protecting Canada's immigration system act, would accelerate the processing of refugee claims, especially for nationals from designated countries that generally would not produce refugees. They would also reduce the options available to failed claimants to delay their removal from Canada.

In short, these measures will help to prevent abuse of the system and will ensure that all our refugees determination processes are streamlined as much as possible. This will be accomplished without affecting the fairness of the system and without compromising any of Canada's international or domestic obligations with respect to refugees. Most important, by growing the refugee system in these ways, the legislation would also ensure that the refugee claimants who really needed our protection would get it even faster. For those who deserve to come to Canada, for those who are truly refugees, the system will become fairer and it will become faster.

As well with this new legislation, taxpayers are expected to save $1.65 billion over the next five years. This is money that can go to health care, to education, to roads, to all the other things that we hold dear in our country.

As I mentioned at the top of my remarks, the second piece of the protecting Canada's immigration system act incorporates measures that address human smuggling.

Several months ago in the House the Minister of Public Safety introduced Bill C-4, preventing human smugglers from abusing Canada's immigration system act.

As my hon. colleagues are well aware, we debated that bill extensively throughout the fall sitting of Parliament. The anti-human smuggling measures contained the bill would help maintain the integrity of our generous immigration system, while curtailing the abuse of that system by human smugglers whose activities would undermine the security and safety of Canadians.

Cracking down on human smugglers is an important element of protecting the integrity of our immigration system. After listening to expert witnesses, Canadians and parliamentarians, the government has proposed amendments to the detention portion of that bill.

The amendments would allow for a first detention review within 14 days and subsequent reviews every 180 days. As before, a person would be released before this time upon being found to be a genuine refugee. As an additional safeguard, the government will also propose an amendment which allow the Minister of Public Safety, on his own initiative and at any time, to release a detained individual when grounds for that detention no longer exist. We are putting great protections in the system for true refugees.

Detaining individuals until their identity has been established is what any responsible government would and should do. The human smuggling groups include architects of these criminal operations, war criminals and serious criminals. These are not just perceived threats; these are real threats, threats to Canadians, threats to our seniors, threats to our children.

For example, on the Sun Sea, to date, four people have been found inadmissible to Canada for security reasons. One has been found inadmissible because of being guilty of war crimes.

In the Ocean Lady, to date, 19 people have been found inadmissible to Canada for security reasons, while 17 have been found inadmissible due to war crimes.

These are significant numbers. Unlike the NDP and the Liberals, our government wants to keep these people off the streets and out of our country. By opposing these provisions, the NDP and the Liberals are saying to their constituents that they want these inadmissible people, war criminals, these security threats, to be let into our communities where they will go underground immediately and be difficult to track and left to threatened the safety and security of all Canadians, our seniors, our children, our single moms. These people are true threats and it is our responsibility as parliamentarians to ensure they do not have access to Canada.

The first component of Bill C-31, protecting Canada's immigration system act, would create a legislative framework for the long-planned implementation of biometric technology as an identity management tool in our immigration and border control systems.

This component of the legislation and its corresponding regulations that would follow would allow the government to make it mandatory for certain visa applicants to Canada to have their photographs and fingerprints taken as part of their temporary resident visa applications. Because biometric data is more reliable and less prone to forgery or theft than other documents, these measures would strengthen immigration screening and enhance our security and help reduce fraud.

Biometrics form an effective tool to manage high volumes of applications and growing sophistication in identity fraud measures. Using biometrics will help prevent known criminals, failed refugee claimants and previous deportees from using false identities to obtain a Canadian visa. It will help prevent innocent Canadians from being victimized by foreign criminals who should not be in the country in the first place.

Implementing biometrics will bring Canada in line with a growing list of countries that already use biometrics in their immigration and border control programs.

I stand in strong support of Bill C-31, and congratulate the minister and the parliamentary secretary for bringing in needed amendments. I will support the bill and I ask the opposition parties to do the same.

[The Acting Speaker, Bruce Stanton]

The non. member for Cumberland—Colchester—Musquodoboit Valley will have five minutes remaining for questions and comments when the House next returns to the motion.

Statements by members, the hon. member for Kildonan—St. Paul.

The House resumed consideration of Bill C-31, An Act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act, the Marine Transportation Security Act and the Department of Citizenship and Immigration Act, as reported (with amendment) from the committee, and of the motions in Group No. 1.

[The Acting Speaker, Bruce Stanton]

When the House last left this motion, the hon. member for Cumberland—Colchester—Musquodoboit Valley had five minutes for the period for questions and comments.

Questions and comments, the hon. member for Newton—North Delta.

[Jinny Sims, NDP, Newton—North Delta, BC]

Mr. Speaker, my colleague talked about the fact that the NDP was opposing this legislation. He said it was because we wanted to let in terrorists and people who would endanger citizens across Canada.

I would like to know if the member is aware of the Balanced Refugee Act, the current legislation that actually captured the people he talked about, those who came off a boat. The current legislation, the Balanced Refugee Act, does allow for irregular refugees, or people who arrive without identification, to be held until security checks and identification have been done.

[Scott Armstrong, Conservative, Cumberland—Colchester—Musquodoboit Valley, NS]

Mr. Speaker, I am aware of the Balanced Refugee Act. I think this act would strengthen and enhance that act. It would make sure that Canadians are kept safe.

I think all of us in Parliament, particularly this week, know that there are dangerous people in this world. There are dangerous people in Canada, and we have seen that this week.

It is our job as parliamentarians, as the Government of Canada, to put legislation in place that would keep our seniors, children and all Canadians safe. That is what this legislation would do.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, in part, this legislation would establish a two-tier refugee system. This goes against the UN conventions in the 1950s that indicated very clearly that we have an obligation to treat refugees equally. However, the Conservative government has decided to designate some refugees as “irregulars” and then treat them significantly differently.

My question to the member is this: why would the government go against a UN convention resolution that states we should be treating refugees equally here in Canada?

Denying these refugees the opportunity to sponsor family members until they have been in Canada for five years seems to be unfair. It is not the best way to allow for families to be together.