CIMM Committee Meeting

Meeting No. 27

Thursday, May 17, 2001

The Standing Committee on Citizenship and Immigration met at 9:00 a.m. this day, in Room 705, La Promenade Building, the Chair, Joe Fontana, presiding.

Members of the Committee present: Mark Assad, Madeleine Dalphond-Guiral, Joe Fontana, John Herron, Steve Mahoney, Inky Mark, John McCallum, Anita Neville, Jerry Pickard, Yolande Thibeault, Judy Wasylycia-Leis, Lynne Yelich.

Acting Member present: Andy Savoy for Jean Augustine.

In attendance: From the Library of Parliament: Jay Sinha.

Witnesses: From the Citizenship and Immigration Canada: Joan Atkinson, Assistant Deputy Minister, Policy and Program Development; Daniel Therrien, General Counsel, Legal Services; Elizabeth Tromp, Director General, Enforcement Branch; Mark Davidson, Deputy Director, Economic Policy and Programs; Gerry Van Kessel, Director General, Refugees; Dick Graham, Acting Director, Legislative Review, Enforcement; Jennifer Lutfallah, Senior advisor, Asylum Refugees Branch.

Pursuant to its Order of Reference of Tuesday, February 27, 2001, the Committee resumed consideration of Bill C-11, An Act respecting immigration to Canada and the granting of refugee protection to persons who are displaced, persecuted or in danger (See Minutes of Proceedings, Thursday, March 1st, 2001, Meeting No. 2).

The Committee resumed Clause-by-Clause consideration of the Bill.

On Clause 117,

Steve Mahoney moved, -- That Bill C-11, in Clause 117, be amended by replacing line 7 on page 52 with the following:

nize, induce, aid or abet the coming into Canada of one or more

After debate, the question being put on the amendment, it was adopted.

Judy Wasylycia-Leis moved, -- That Bill C-11, in Clause 117, be amended by adding after line 10 on page 52 the following:

"(1.1) Subsection (1) does not apply to a person acting out of humanitarian consideration."

After debate, the question being put on the amendment, it was negatived.

moved, -- Bill C-11
Clause 117

Page 52

Steve Mahoney moved by

That Bill C-11, in Clause 117, be amended by

(a) replacing, in the English version, line 12 on page 52 with the following:

(1) with respect to

(b) replacing, in the English version, line 29 on page 52 with the following:

(1) with respect to

After debate, the question being put on the amendment, it was adopted.

Steve Mahoney moved, -- That Bill C-11, in Clause 117, be amended by replacing, in the English version, line 31 on page 52 with the following:

offence and liable on conviction by way of indictment to a fine of not more than

After debate, the question being put on the amendment, it was adopted.

Clause 117, as amended, carried.

On Clause 119,

Steve Mahoney moved, -- That Bill C-11, in Clause 119, be amended by replacing lines 6 and 7 on page 53 with the following:

119. A person shall not disembark a

After debate, the question being put on the amendment, it was adopted.

Clause 119, as amended, carried.

On Clause 121,

Steve Mahoney moved, -- That Bill C-11, in Clause 121, be amended by replacing line 21 on page 53 with the following:

(a) bodily harm or death occurred

After debate, the question being put on the amendment, it was adopted.

Clause 121, as amended, carried.

On Clause 124,

Steve Mahoney moved, -- That Bill C-11, in Clause 124, be amended by replacing lines 4 and 5 on page 55 with the following:

(c) employs a foreign national in a capacity in which

After debate, the question being put on the amendment, it was adopted.

Clause 124, as amended, carried.

On Clause 126,

Judy Wasylycia-Leis moved, -- That Bill C-11, in Clause 126, be amended by replacing lines 31 and 32 on page 55 with the following:

"directly or indirectly misrepresent material facts relating to a relevant matter that"

After debate, the question being put on the amendment, it was negatived.

Clause 126, carried.

On Clause 127,

Judy Wasylycia-Leis moved, -- That Bill C-11, in Clause 127, be amended by replacing lines 37 to 40 on page 55 with the following:

"(a) directly or indirectly misrepresent material facts at any examination, inquiry or hearing under this Act, or in connection with the admission or application for admission by any person;"

After debate, the question being put on the amendment, it was negatived.

Clause 127, carried.

On Clause 130,

Steve Mahoney moved, -- That Bill C-11, in Clause 130, be amended by replacing lines 21 to 26 on page 57 with the following:

(3) Every person who contravenes subsec-

After debate, the question being put on the amendment, it was adopted.

Clause 130, as amended, carried.

On Clause 133,

Steve Mahoney moved, -- That Bill C-11, in Clause 133, be amended by replacing line 7 on page 58 with the following:

133. A person who has claimed

After debate, the question being put on the amendment, it was adopted.

Clause 133, as amended, carried.

On Clause 142,

Steve Mahoney moved, -- That Bill C-11, in Clause 142, be amended by replacing, in the English version, line 37 on page 60 with the following:

or removal from Canada of any permanent resident or foreign

After debate, the question being put on the amendment, it was adopted.

Clause 142, as amended, carried.

On Clause 148,

Madeleine Dalphond-Guiral moved, -- That Bill C-11, in Clause 148, be amended by deleting lines 8 to 11 on page 64.

After debate, the question being put on the amendment, it was negatived.

Madeleine Dalphond-Guiral moved, -- That Bill C-11, in Clause 148, be amended by replacing lines 18 and 19 on page 64 with the following:

"medical treatment and observation of its crew members whose condition makes this necessary, and of the persons it carries to Canada whom a senior immigration officer directs to be placed under medical observation or medical treatment, when those persons apply for admission to Canada or when their admission to Canada has been denied and they are awaiting repatriation, and they suffer from a physical or mental illness or have been exposed to a contagious disease;"

After debate, the question being put on the amendment, it was negatived.

Judy Wasylycia-Leis moved, -- That Bill C-11, in Clause 148, be amended by adding after line 42 on page 64 the following:

"(3) Subsections (1) and (2) do not apply to:

1. a carrier who brings a person into Canada, if that person is later determined to be a refugee; or

(b) a carrier who unknowingly brings a stowaway into Canada."

After debate, the question being put on the amendment, it was negatived.

Clause 148, carried.

On Clause 149,

Steve Mahoney moved, -- That Bill C-11, in Clause 149, be amended by replacing in the English version line 8 on page 65 with the following:

(b) notice that the information was used

After debate, the question being put on the amendment, it was adopted.

Clause 149, as amended, carried.

Clause 150, carried.

On Clause 153,

Madeleine Dalphond-Guiral moved, -- That Bill C-11, in Clause 153, be amended by replacing lines 5 to 16 on page 66 with the following:

"(a) are appointed to the Board by the Governor in Council, to hold office during good behaviour for a term of seven years, including a one-year probationary period, subject to removal by the Governor in Council at any time for cause, to serve in a regional or district office of the Board;
(b) shall swear the oath or give the solemn affirmation of office set out in the rules of the Board;"

After debate, the question being put on the amendment, it was negatived.

Inky Mark moved, -- That Bill C-11, in Clause 153, be amended by replacing lines 7 to 16 on page 66 with the following:

"good behaviour for a term of seven years, including a one-year probation period, subject to removal by the Governor in Council at any time for cause, to serve in a regional or district office of the Board;
(b) shall swear the oath or give the solemn affirmation of office set out in the rules of the Board;"

After debate, the question being put on the amendment, it was negatived.

Inky Mark moved, -- That Bill C-11, in Clause 153, be amended by replacing lines 15 and 16 on page 66 with the following:

"(c) may only be appointed if they can demonstrate that they have

1. training in

1. law,
2. psychology or psychiatry, or
3. anthropology or other relevant cultural studies, and

(ii) ten years or more of relevant professional or volunteer experience with exiles, migrants or persons in need of a support relationship in either Canada or abroad as part of a non-governmental organisation, an international organisation or a government agency;"

After debate, the question being put on the amendment, it was negatived.

Madeleine Dalphond-Guiral moved, -- That Bill C-11, in Clause 153, be amended by replacing lines 15 and 16 on page 66 with the following:

"(c) may be appointed only if they demonstrate that they have

1. training in law, in psychology or psychiatry, or in anthropology or any other field leading to the acquisition of relevant cultural knowledge, and
2. (ii) at least ten years of relevant prior professional or volunteer experience with exiles, immigrants or persons requiring assistance, in Canada or abroad, at the service of a non-governmental or international organization or a government agency;"

After debate, the question being put on the amendment, it was negatived.

Inky Mark moved, -- That Bill C-11, in Clause 153, be amended by adding after line 16 on page 66 the following:

"(c.1) shall, in the case of the Board members of the Refugee Appeal Division, be members of the bar of any province or territory, or of the Chambre des notaires du Québec, and be able to demonstrate that they have a specific professional experience in refugee law;"

After debate, the question being put on the amendment, it was negatived.

Madeleine Dalphond-Guiral moved, -- That Bill C-11, in Clause 153, be amended by adding after line 38 on page 66 the following:

"(1.2) The Refugee Appeal Division is composed of members who hold the professional title of lawyer or notary and have specific professional experience in refugee law."

After debate, the question being put on the amendment, it was negatived.

Inky Mark moved, -- That Bill C-11, in Clause 153, be amended by adding after line 15 on page 67 the following:

"(5) The Refugee Protection Division shall be composed of a similar percentage of Board members from each of the three training fields described in clauses (1)(c)(i)(A) to (C)."

After debate, the question being put on the amendment, it was negatived on the following division:

YEAS: Inky Mark, Lynne Yelick, Madeleine Dalphond-Guiral, Judy Wasylycia-Leis, John Herron (5).

NAYS: Mark Assad, John McCallum, Steve Mahoney, Anita Neville, Jerry Pickard, Andy Savoy, Yolande Thibault (7).

Inky Mark moved, -- That Bill C-11 be amended by adding after line 15 on page 67 the following new clause:

"153.1 (1) The Board members shall be appointed on the recommendation of a qualified, pluralistic and independent Selection Committee composed of the following members:

1. a judge of the Federal Court, who shall be the Chairperson of the Selection Committee, to be designated by the Chief Justice of the Federal Court;
2. the Chairperson of the Immigration and Refugee Board;
3. the Chairperson of the Canadian Council for Refugees;
4. a representative of an association of immigration lawyers;
5. a member of the Canadian Human Rights Commission, to be designated by its Chairperson;
6. a representative of the Department of Citizenship and Immigration;
7. a representative of the Department of Foreign Affairs and International Trade; and
8. a representative of the United Nations High Commissioner for Refugees, designated by its delegate to Canada.

(2) The Selection Committee shall

1. ensure that each of its members reviews the file of every Board candidate;
2. establish a "short list" of Board candidates to be interviewed before all of its members, according to a rigorous and reliable evaluation procedure;
3. make its decisions to recommend a Board candidate by majority; and
4. establish a list of recommended Board candidates in order of priority and a subsidiary list of recommended Board candidates to be used if a Board candidate resigns.

(3) The Board members shall be appointed from among those persons whose names appear on the lists referred to in paragraph (2)(d), following a selection procedure established by order of the Governor in Council, which order may determine the following:

1. the publicity to be given to Board membership openings, and the information that public announcements of the openings shall contain;
2. the procedure to be followed by the Board candidates;
3. the selection criteria to be used by the Selection Committee;
4. the information that the Selection Committee may ask a Board candidate to provide; and

(e) the consultations that the Selection Committee may organise."

After debate, the question being put on the amendment, it was negatived on the following division.

YEAS: Inky Mark, Lynne Yelick, Madeleine Dalphond-Guiral, Judy Wasylycia-Leis, John Herron (5).

NAYS: Mark Assad, John McCallum, Steve Mahoney, Anita Neville, Jerry Pickard, Andy Savoy, Yolande Thibault (7).

Clause 153, carried.

On Clause 159,

Inky Mark moved, -- That Bill C-11, in Clause 159, be amended by replacing line 40 on page 68 with the following:

"undue delay and shall establish specialized training programmes in favour of Board members and promote their participation in those programmes in order to develop their skills and abilities;"

After debate, the question being put on the amendment, it was negatived.

Inky Mark moved, -- That Bill C-11, in Clause 159, be amended by replacing line 47 on page 68 and lines 1 to 4 on page 69 with the following:

"carrying out their duties;
(i) may appoint and, subject to the approval of the Treasury Board, fix the remuneration of experts or persons having special knowledge to assist the Divisions in any matter; and

performs compulsory quarterly evaluations of Board members during the first year of their mandate, in conformity with subsection (1.1), which evaluations shall determine the success of the probation period and conditions the pursuit of the appointment.

1. An evaluation protocol shall be established under the supervision of an independant organisation, which protocol shall predetermine the criteria to be used by the Chairperson in the evaluation process referred to in paragraph (1)(j), namely in the evaluation of the

1. quality of preparation for the hearings;
2. quality of the wording of the motives;
3. member's collegiality; and

(d) member's quantitative output."

After debate, the question being put on the amendment, it was negatived.

Madeleine Dalphond-Guiral moved, -- That Bill C-11, in Clause 159, be amended by replacing line 47 on page 68 and lines 1 to 4 on page 69 with the following:

"carrying out their duties;

1. may appoint and, subject to the approval of the Treasury Board, fix the remuneration of experts or persons having special knowledge to assist the Division in any matter; and
2. performs a compulsory quarterly evaluation, in accordance with subsection (1.1), of the performance of the members of the Refugee Protection Division during the first year of their mandate, to determine the success of the probationary period and establish conditions for the continuation of the mandate.

1. An evaluation protocol shall be established, under the supervision of an independent organization, to predetermine the criteria to be used by the Chairperson to evaluate

1. the quality of preparation for the hearings;
2. the quality of the wording of the reasons;
3. the collegiality; and

(d) the quantitative output."

After debate, the question being put on the amendment, it was negatived.

Clause 159, carried.

On Clause 161,

Steve Mahoney moved, -- That Bill C-11, in Clause 161, be amended by replacing line 31 on page 69 with the following:

ing the periods for appeal, the priority to be given to proceedings, the

After debate, the question being put on the amendment, it was adopted.

Clause 161, as amended, carried.

On Clause 163,

Madeleine Dalphond-Guiral moved, -- That Bill C-11, in Clause 163, be amended by replacing line 17 on page 70 with the following:

"conducted before two members unless,"

After debate, the question being put on the amendment, it was negatived.

Clause 163, carried.

On Clause 165,

Steve Mahoney moved, -- That Bill C-11, in Clause 165, be amended by replacing, in the English version, line 31 on page 70 with the following:

the Inquiries Act and may do any other thing they

After debate, the question being put on the amendment, it was adopted.

Clause 165, as amended, carried.

On Clause 166,

Steve Mahoney moved, -- That Bill C-11, in Clause 166, be amended by replacing, in the English version, line 33 on page 71 with the following:

tected person or a person who has

After debate, the question being put on the amendment, it was adopted.

Clause 166, as amended, carried.

On Clause 169,

Steve Mahoney moved, -- That Bill C-11, in Clause 169, be amended by replacing lines 34 to 36 on page 72 with the following:

days of notification of the decision, or in circumstances set out in the rules of the Board, the Division must provide written reasons; and

(f) the period in which to apply for

After debate, the question being put on the amendment, it was adopted.

Clause 169, as amended, carried.

On Clause 170,

Steve Mahoney moved, -- That Bill C-11, in Clause 170, be amended

(a) by replacing line 2 on page 73 with the following:

(c) must notify the person who is the subject of the proceeding and the

(b) by replacing line 7 on page 73 with the following:

(e) must give the person and the

After debate, the question being put on the amendment, it was adopted.

Clause 170, as amended, carried.

On Clause 173,

Steve Mahoney moved, -- That Bill C-11, in Clause 173, be amended by replacing lines 13 and 14 on page 74 with the following:

(b) must give notice of the proceeding to the Minister and to the person who is the subject of the proceeding and hear the

After debate, the question being put on the amendment, it was adopted.

Clause 173, as amended, carried.

On Clause 175,

Steve Mahoney moved, -- That Bill C-11, in Clause 175, be amended by replacing lines 1 to 7 on page 75 with the following:

(2) In the case of an appeal by a permanent resident under subsection 63(4), the Immigration Appeal Division may, after considering submissions from the Minister and the permanent resident and if satisfied that the presence of the permanent resident at the hearing is necessary, order the permanent resident to physically

After debate, the question being put on the amendment, it was adopted.

Clause 175, as amended, carried.

On Clause 190,

Inky Mark moved, -- That Bill C-11, in Clause 190, be amended by replacing lines 35 to 37 on page 78 with the following:

"coming into force of this section shall not be governed by this Act on that coming into force for a period of one year."

After debate, the question being put on the amendment, it was negatived.

Clause 190, carried.

On Clause 201,

Steve Mahoney moved, -- That Bill C-11, in Clause 201, be amended by replacing lines 15 and 16 on page 80 with the following:

measures regarding classes of persons who will be subject in whole or in

After debate, the question being put on the amendment, it was adopted.

Steve Mahoney moved, -- That Bill C-11, in Clause 201, be amended by replacing, in the English version, line 17 on page 80 with the following:

part to this Act or the former Act and measures regarding financial and enforcement matters.

After debate, the question being put on the amendment, it was adopted.

Clause 201, as amended, carried.

On new Clause 227.1

Steve Mahoney moved, -- That Bill C-11 be amended by adding before line 22 on page 86 the following:

227.1 The portion of paragraph 2(2)(c) of the Citizenship Act before subparagraph (i) is replaced by the following:

(c) a person against whom a removal order has been made remains under that order

After debate, the question being put on the amendment, it was adopted.

New Clause 227.1, carried.

On Clause 228,

Steve Mahoney moved, -- That Bill C-11, in Clause 228, be amended by replacing lines 22 and 23 on page 86 with the following:

228. (1) The portion of paragraph 5(1)(c) of the Act before subparagraph

After debate, the question being put on the amendment, it was adopted.

Steve Mahoney moved, -- That Bill C-11, in Clause 228, be amended by replacing line 33 on page 86 with the following:

(2) Paragraph 5(1)(f) of the Act is replaced by the following:

(f) is not under a removal order and is not the subject of a declaration by the Governor in Council made pursuant to section 20.

(3) Paragraph 5(2)(a) of the Act is re-

After debate, the question being put on the amendment, it was adopted.

Clause 228, as amended, carried.

On Clause 229,

Steve Mahoney moved, -- That Bill C-11, in Clause 229, be amended by replacing lines 42 and 43 on page 86 with the following:

229. Paragraphs 11(1)(c) and (d) of the Act are replaced by the following:

(c) is not under a removal order; and

After debate, the question being put on the amendment, it was adopted.

Clause 229, as amended, carried.

On Clause 242,

Steve Mahoney moved, -- That Bill C-11, in Clause 242, be amended by

(a) replacing line 13 on page 93 with the following:

stayed under paragraph 50(a), 66(b) or

(b) replacing line 18 on page 93 with the following:

paragraph 50(a), 66(b) or 114(1)(b) of the

After debate, the question being put on the amendment, it was adopted.

Clause 242, as amended, carried.

On Clause 249,

Steve Mahoney moved, -- That Bill C-11, in Clause 249, be amended by replacing lines 7 to 22 on page 95 with the following:

(h) the removal from Canada of persons, other than

(i) Canadian citizens,

(ii) permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, and

(iii) protected persons within the meaning of subsection 95(2) of that Act who are not inadmissible under that Act on grounds of

(A) security, violating human or international rights or serious criminality, or

(B) criminality and who have not been convicted of any offence under any Act of Parliament for which a term of imprisonment of more than six months has been imposed, or five years or more may be imposed;

After debate, the question being put on the amendment, it was adopted.

Clause 249, as amended, carried.

On new Clause 273.1

Steve Mahoney moved, -- That Bill C-11 be amended by adding after line 34 on page 102 the following:

273.1 (1) Subsections (2) and (3) apply if Bill S-2, introduced in the first session of the 37th Parliament and entitled the Marine Liability Act (referred to in this section as the "other Act"), receives royal assent.

(2) On the coming into force of section 1 of this Act, subparagraph 88(4)(b)(i) of the other Act is replaced by the following:

(i) are Canadian citizens or permanent residents of Canada within the meaning of subsection 2(1) of the Immigration and Refugeee Protection Act, in the case of an individual, or

(3) If section 127 of the other Act comes into force before section 218 of this Act comes into force, then section 218 of this Act is repealed.

After debate, the question being put on the amendment, it was adopted.

New Clause 273.1, carried.

Clause 1, carried.

The title, carried.

The Bill, as amended, carried.

ORDERED, -- That Bill C-11, An Act respecting immigration to Canada and the granting of refugee protection to persons who are displaced, persecuted or in danger, as amended, be reprinted for the use of the House of Commons at Report Stage.

ORDERED, -- That the Chair report Bill C-11 with amendments to the House as the First Report of the Committee.

At 1:55 p.m., the Committee adjourned to the call of the Chair.

Jacques Lahaie

Clerk of the Committee