I have been asked to comment today on what further actions should be taken to enhance the security of Canada's immigration system. This covers a fairly wide range of topics, so I'm not going to try to cover all of them, but I'll be happy to respond to questions on any of the topics I don't cover in my presentation.
One of the areas that needs particular attention is the security screening of visa applicants, especially from countries that produce large numbers of terrorists. In May 2006 the CSIS deputy director for operations, Jack Hooper, testified before a Senate committee that over the previous five years, in the order of 20,000 immigrants had come to Canada from the Pakistan-Afghanistan region and Canadian security officials had been able to vet only about one-tenth of these.
To what extent the situation has improved since Hooper gave his testimony, I can't say. We do know, though, that in his report, released just four months ago, the Auditor General of Canada expressed serious concern over the effectiveness and extent of our security screening.
I won't attempt to go through all of his findings and recommendations. You presumably were able to discuss these with representatives of his office at the February 16 meeting. I'll mention just one of his concerns, though, as an example. He noted that only a very minuscule percentage of visa applications were turned down on security grounds—less than one in a thousand permanent resident applications that had been referred to security agencies for screening. This refusal rate understandably raises questions as to whether the current risk indicators to help identify potentially inadmissible applicants are appropriate or are being properly applied.
I'll flag a few other major problems at some of our larger visa offices overseas. One is the very high percentage of fraudulent documents submitted in support of applications and the amount of time involved in trying to verify whether they are genuine. Added to this is the fact that a great deal of visa officers' time at some posts is spent in responding to representations from immigration lawyers and consultants, non-governmental organizations, and members of Parliament on behalf of their clients and constituents. Indeed, turning down an application often involves a good deal more work than approving one just because of the challenges that may be raised in the case of refusals.
The result of all this is that the Canada-based staff at many of our visa posts simply don't have the time to screen applicants as thoroughly as they should. Our embassy in Moscow, for example, at one point advised headquarters that it did not have enough staff or resources to weed out all the Russian mobsters trying to move to Canada.
While this particular report was made some years ago, and it's possible that the situation at that particular visa office may have improved since then, given the various deficiencies cited in the most recent Auditor General's report, and indeed in reports made in 1992 and 2000, it would not be surprising if this kind of situation were still a major problem at some of our posts.
One of the particular things I recommend is that we return to having face-to-face interviews with visa applicants. We used to do that regularly; we rarely do now. These interviews are important for a number of reasons. One is that it enables the visa officer to ensure that the applicant has not only a realistic understanding of what he or she might expect with regard to employment opportunities in Canada but also has a reasonable appreciation of the challenges he or she is likely to face in terms of cultural adaptation.
Members of the committee are no doubt familiar with the recent trial in Kingston of members of the Shafia family for killing other family members. The head of the family, Mohammad Shafia, appears to have immigrated to Canada in the belief that somehow he and the members of his family could enjoy all the benefits of living in this country without being influenced in any way by Canadian values and norms. Had he been adequately counselled before he came here on what he could expect in terms of his family's exposure to Canadian society, he might well have decided not to come here, in which case all the members of his family would still be alive today and he and his wife would not be serving life terms in prison.
Quite apart from helping the applicant have a better understanding of what to expect when they come here, a face-to-face interview also provides visa officers with an opportunity to assess the suitability of the applicant for immigration to Canada. While such an interview is not a substitute for the regular security and safety checks, it does provide a very useful opportunity to make a first-hand judgment about whether an applicant is likely to have serious problems in adjusting to Canadian society and values. As well, perhaps, it is making available some insights as to whether the qualifications she or he says they have are genuine and whether they might constitute a risk to Canada in one way or another.
So the reinstatement of full-scale interviews for most applicants by a Canada-based officer is an important priority, both in relation to helping ensure they have a realistic view of coming here and to make sure they're a good candidate in our terms.
To make possible such interviews, as well as more thorough background checks of applicants, requires a substantial increase in resources. If we can't provide the funds to do this, then we should reduce immigration intake to levels where the resources available are sufficient to do the job properly, rather than jeopardize the safety and security of Canadians.
As a background to this recommendation, I would add that I and the organization I am speaking for today, the Centre for Immigration Policy Reform, strongly believe that while we support the admission of a reasonable number of immigrants in relation to our needs, the number of both permanent residents and temporary workers we're currently bringing in is much larger than what we need. Many of the current labour shortages, as well as anticipated shortages in the future, could be met domestically if we do a better job of making the best use of resources already in the country. So that is one of my recommendations.
I'd also like to touch on a number of issues related to the refugee determination system. Let me say first that Canada is one of the most generous countries in the world when it comes to both the acceptance rate of asylum seekers who make claims in Canada and the number of refugees we resettle from overseas. It should be noted that while Canadians strongly support taking in a reasonable number of genuine refugees, a great many Canadians also consider the system to be very much open to abuse and it needs to be tightened up considerably.
In relation to security matters, the refugee determination system has been a significant conduit for the entry of terrorists and terrorist sympathizers into Canada, as well as war criminals and other types of criminals.
I should point out in this regard that a large majority of refugee claimants, or asylum seekers, which is a term used in other countries, are neither terrorists nor criminals. Most are either genuine refugees fleeing persecution or people seeking better economic opportunities and using the refugee system to get into Canada. Nevertheless, a considerable number of terrorists or terrorist sympathizers as well as criminals have been able to gain entry to Canada by claiming refugee status, and they have usually been very difficult to remove if their claims were turned down.
In a paper of mine published by the Fraser Institute in 2006, which you mentioned, Mr. Chairman, I reviewed the cases of 25 terrorists and suspected terrorists who had entered Canada and found that almost two-thirds had come in as refugee claimants.
The use of the refugee system to get terrorists and their supporters into Canada is particularly well illustrated by the number of Sri Lankan refugee claimants who have succeeded in establishing themselves in Canada. Canada was so generous and unquestioning in its acceptance of Tamil claimants from Sri Lanka that for many years, on some occasions, we accepted more than all the other countries in the world combined. This in turn offered ample opportunity for Tamil terrorist organizations to build up their support base in Canada.
In the year 2000, according to a Toronto police Tamil task force report, there were as many as 8,000 members of Tamil terrorist factions in that city, almost all of whom presumably entered either as refugee claimants or as relatives sponsored by successful refugee claimants.
The current government has made and is making major efforts to prevent abuse of the asylum system by people who, by international standards, are not genuine refugees. If the government is successful in this regard, the measures they recently proposed will reduce the chances of such people using the system to get into Canada.
One further comment I'll make on the question of terrorists is that while the refugee system has been a major channel of entry in the past for terrorists—and still is to some extent—in recent years we've also had to begin looking at what is referred to as home-grown terrorism.
An example of this was the case of the so-called Toronto 18. This was a group of mainly young men who had either been born here or had come here at an early age and grown up in Canada, and who had planned to blow up the Parliament Buildings and behead the Prime Minister. Interestingly, they became more radicalized when they grew up in Canada than what their parents were when they immigrated here.
These are issues that we have to look closely at, particularly because this particular community, which was less than 100,000 in 1981, will be up to 2.7 million in 2031. It will move from being one-third the size of the Jewish community to being six and a half times as big. Homegrown terrorism is an issue. It's not directly related to border controls, but it's basically a security issue that has an immigration connection.
I will move on to a couple of other points. The government recently announced its plans for biometric screening. What it wants to do is excellent. It's designed to ensure that the person arriving at the port of entry is the same person to whom the visa was issued at one of our posts overseas. It will also make it easier to identify known criminals attempting to re-enter Canada, as well as failed refugee claimants and deportees attempting to re-enter under false identities or without permission.
These measures, in my view, are long overdue, and in this respect we're lagging well behind other western countries, such as the United States.
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Thank you, Mr. Chairman. Thank you, honourable members of the committee.
My name is Joseph Humire. I am the director of the Center for a Secure Free Society, which focuses on researching the nexus between security, defence, and economic freedom.
I very much appreciate the invitation to appear before you today and regret that I cannot be there in person, but thanks to the efficiency of your staff, l'm able to present my testimony via teleconference.
As l'm not a citizen of Canada but rather am a citizen of the United States, I would like to focus my testimony on an issue that's pertinent to both our countries, that of border security. More specifically, I'll offer my recommendations by addressing two challenges that I believe need to be addressed to improve the security of Canada's immigration system.
The first challenge, although a bit holistic, is to employ methods and measures to evaluate security policies, which in this case are immigration security policies. The reason is to ensure that Canada's immigration system is secure yet does not irreversibly compromise the rights and liberty of your citizens.
The second challenge is a bit more practical. Canada must establish an enhanced intelligence and law enforcement infrastructure that addresses real-time immigration threats while it does not give up the sovereignty of the state.
As you can see, both challenges require a delicate balancing act. Thus, l'd like to begin by quoting one of our founders of the United States, the honourable Benjamin Franklin, who wrote, in his notes for a speech to the Pennsylvania assembly, “Those who would give up essential liberty to [obtain] temporary safety deserve neither”.
While a bit grim, Mr. Franklin captured, in essence, the premise of what needs to be understood when discussing the issue of immigration security, which is that there is a natural trade-off between security and liberty—between security and freedom—particularly as it relates to defending sovereign borders.
Thankfully, this trade-off is not made on absolute terms. The desired state is not absolute security, nor is it absolute freedom. Rather, there is a balancing act between the two that allows this trade-off to be made at the marginal level and to adjust, depending on the threat conditions present at the time. Finding this balance is the primary challenge to the Canadian government when trying to improve the security of your immigration system.
This balancing act needs to ensure that Canadian citizens are safe from all, or at least most, conventional and unconventional threats, while the guaranteed freedoms and liberty of your citizens, freedoms that are needed to ensure prosperity, are not violated. Finding this balance, or what I like to call the sweet spot, is the key to success for Canada's immigration policy.
To offer some recommendations on how to reach this sweet spot, I'll borrow from another Philadelphia scholar, Mr. Jan Ting, who was the former Assistant Commissioner to the United States Immigration and Naturalization Service. In a 2008 publication by Canada's own Fraser Institute, Mr. Ting stated that the government should take five considerations when evaluating security policies.
The first he calls historical precedent, which basically means examining what has been done in the past and seeing whether it was justifiable.
The second is revocability of the policy. It means essentially understanding when the policy has failed so that it can be withdrawn or amended to adjust to lessons learned.
The third is context, which recognizes that some policies and some initiatives may be justified in one context but not in another.
The fourth, nature of the threat, is frankly to basically understand, to the best of our ability, the actual nature of the threat.
The fifth and final is the likelihood of success. Be forthright about what works in terms of applying our moral and ethical sensibilities to the struggle to defend our nation.
In addition, Ting would add that these evaluation measures should be complemented by judicial scrutiny and congressional, or in this case parliamentary, oversight so as to ensure that all three branches of government are working in sync and within the checks and balances system.
To this I would add that security policies—in this context immigration security policies—need a comprehensive review to ensure that they are synchronized with the whole-of-government approach to immigration that aims to achieve this delicate balance between security and liberty. I would also add that immigration security policies should be scrutinized not just by governmental actors but by non-governmental actors, namely think tanks, watchdog groups, and other elements of civil society.
Mr. Chairman, it's in both of our interests that our borders be secure. However, in doing so, we must not damage what is at the core of our shared interests, which is trade and commerce. I believe that the Canadian government should be commended in this regard, as they have taken this shared interest of trade and commerce into account with just about all of the immigration security initiatives proposed in the last decade, starting with the Smart Border declaration of 2001 up to the Beyond the Border initiative of 2011 that continues to the present day.
Both of these, and all other immigration security initiatives, must undergo a comprehensive review that includes the five aforementioned considerations to ensure that they're up to date with present threat conditions. If we accomplish this, it would address the first challenge of adopting an immigration system that is secure, yet does not impede trade, commerce, or, more importantly, the individual liberty of Canadian citizens.
However, evaluation measures alone are not enough. In order to further modernize the security of Canada's immigration system, you must also examine how current immigration security policies, namely those related to border security, have kept up with the evolution of trade and commerce between our two countries.
Mr. Chairman, as you well know, Canada and the United States enjoy the largest two-way economic relationship in the world, with total merchandise trade in exports and imports exceeding $500 billion annually. In fact, about $1.3 billion in goods comes across the border every day. But what's interesting to note is that a little less than half of that trade coming across every day—give or take $500 million—takes place between elements of the same company, meaning that companies residing on both sides of the border move parts and labour to one country or the other depending on the availability of expertise and capacity. These transnational companies show that the U.S. and Canada not only share interests, but we also share capacity, as we are increasingly integrating our structure of production. The increased level of integration transcends the old ways of thinking about trade and commerce. It means that we need to transcend the way we think about protecting this trade and commerce, as well as our citizens, when addressing the real-time threats faced by both our nations.
Both the Office of the Director of National Intelligence of the United States and your Canadian Security and Intelligence Service have stated that radical Islamic extremism and terrorism are the greatest threat to our respective national security. I myself have studied Islamic extremism and terrorist groups for over a decade, both in the military and within think tanks, and I can assure you that traditional border security initiatives and improved technology alone will not stop these groups.
These groups operate in networks, and in order to counteract the threats, the security apparatus of Canada must have its own international networks that can locate, identify, and neutralize the threat. As you well know, an immigration control network has three layers of defence: the first is overseas, where visas are issued abroad amongst your embassies and consulates; the second is in the interior of a country; and the third is at the border. Enhancing border security in the traditional sense would entail placing more controls at the air, sea, and land ports, as well as along long stretches in between.
However, I will assert the position that cumbersome border controls undermine our shared interest in achieving higher levels of prosperity while actually doing very little to curb real-time security threats, such as Islamic extremism and terrorism. Pre-entry screening, intelligence cooperation, and enhanced law enforcement are all likely to yield better results in keeping terrorists, criminals, and other undesirables out of a country than are heavy-handed immigration controls at the border.
To put this in perspective, James Ziglar, former Commissioner of the U.S. INS, testified several years ago that in one typical six-month period, about 4,000 criminal aliens were arrested at the Canadian border. Since this is 4,000 among more than a million—I think the exact quotation was about 0.0004%—it is a small fraction of cross-border activity. Since the criminal element is such a small fraction of what actually comes across the border, I don't believe this is where limited resources should be focused when looking to enhance the security of your immigration system.
This leads to my recommendation for the issue of border security, which is to enhance the intelligence and law enforcement infrastructure of Canada for what some experts have called domain awareness and to implement additional prescreening processes. In this instance, less is more.
As articulated by Canada's Interim Auditor General, John Wiersema, the Canadian customs and immigration system does not have the necessary intelligence infrastructure to make sound decisions, particularly on people requesting immigration. This lack of intelligence is a result of both a failure of various intelligence services to provide necessary information to customs and immigration authorities in Canada as well as a failure of Canada to obtain valuable intelligence and analysis from its international partners, particularly the “five eyes” of Canada, the United States, Great Britain, Australia, and New Zealand, who have been cooperating for the last 60 years on intelligence-sharing and information.
Therefore, within the immigration control network, I believe more emphasis should be placed on the first two layers of defence, which is overseas within your embassies and within the interior of Canada, which is where the threat of Islamic extremism and terror originates and also is propagated.
For instance, from an aviation and maritime perspective, Canada needs to know about air travel passengers departing from Geneva before the plane leaves Geneva, not when it arrives in Montreal. Canada needs to know about ships approaching its coastal domain, not when they arrive at the dock but well before these ships even enter international waters. The truth is that at present, little prescreening is done and there is an overreliance on technology, something that is both dangerous and that risks an increase in complacent behaviour. A proper prescreening process requires more than just advanced technology, such as biometrics; it also requires capable networks of intelligence professionals who are collecting, processing, and analyzing information abroad that provide the data for biometrics to be effectively employed.
The best biometric technology in the world is rendered useless if there is no information on the exact individual. Fingerprinting becomes meaningless if there is nothing to cross-reference against. Intrusive physical technologies provide little, other than unnecessary travel delay and frustration. Snippets of data mean nothing until they are collated between domestic international partners so that the information can be turned into intelligence.
Thank you, Mr. Humire. Some of the concerns I have include recourse mechanisms and due process for individuals who believe they are mistakenly targeted or prevented from travel. It's already happening in Canada, for sure.
For example, in my riding we receive many requests from constituents for support for temporary resident visa applications; they feel that their family member was unfairly denied or arbitrarily denied, and then would like some help from my office. In many cases, it's a family member who is looking to come to Canada to celebrate a family occasion or a family holiday.
One example is a gentleman who came to my constituency office for help with his sister's application. He had invited three of his siblings to come to a 25th anniversary party in his family. Two of the siblings were approved, but his sister, despite having property in her home country, a good job, a spouse, and children she'd be returning to, was denied. When she reapplied, she was denied again, this time because the visa officer questioned her purpose for the visit and the family ties she had in Canada, even though the two other siblings from the same country of origin were approved for the same visit for that same purpose—to celebrate the family's anniversary. And all three of them were invited by the same person in Canada.
We've heard testimony from the Office of the Auditor General, some of which you mentioned as well, that quality assurance practices—checks to make sure the system is working—need to be strengthened for the admissibility determination process. The AG's office argues that in a system that is there to help protect Canadians, “it is just as important to review the decisions to grant visas as it is to review the decisions to deny them”.
Our Privacy Commissioner has also stated that failure rates of 1% are quite common for many biometric systems, which have had a significant impact with the system that can include thousands or even millions of people when you take into account the volume that we actually go through.
How would you address recourse mechanisms that address the issue of failure rates in biometrics programs for temporary resident visas? And what remedies should be made available to people who are erroneously matched through biometrics?