CIMM Committee Meeting

Notices of Meeting include information about the subject matter to be examined by the committee and date, time and place of the meeting, as well as a list of any witnesses scheduled to appear. The Evidence is the edited and revised transcript of what is said before a committee. The Minutes of Proceedings are the official record of the business conducted by the committee at a sitting.

For an advanced search, use Publication Search tool.

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

Previous day publication Next day publication

MINUTES OF PROCEEDINGS

Meeting No. 44

Thursday, May 10, 2012

The Standing Committee on Citizenship and Immigration met in a televised session at 8:46 a.m. this day, in Room C-110, 1 Wellington Street, the Chair, David Tilson, presiding.

Members of the Committee present: Rick Dykstra, Alain Giguère, Sadia Groguhé, Roxanne James, Kevin Lamoureux, Chungsen Leung, Costas Menegakis, Ted Opitz, Jinny Jogindera Sims, Rathika Sitsabaiesan, David Tilson and John Weston.

In attendance: Library of Parliament: Julie Béchard, Analyst ; Sandra Elgersma, Analyst.

Witnesses: Department of Citizenship and Immigration: Jennifer Irish, Director, Asylum Policy and Programs; Warren Woods, Manager, Asylum Policy and Programs; Matthew Oommen, Senior Counsel, Legal Services. Department of Justice: Scott Nesbitt, Counsel, Canada Border Services Agency. Canada Border Services Agency: Nicole Lefebvre, Acting Director, Inland Enforcement, Programs Branch. Public Safety Canada: Allan Kagedan, Director, National Security Operations.

Pursuant to the Order of Reference of Monday, April 23, 2012, the Committee 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.

The Committee resumed its clause-by-clause study of the Bill.

Matthew Oommen, Scott Nesbitt, Nicole Lefebvre and Allan Kagedan answered questions.

The Committee resumed clause-by-clause consideration on Clause 20 of the Bill.

After debate, Clause 20 carried on division.

By unanimous consent, Clauses 21 and 22 carried on division severally.

On Clause 23,

Kevin Lamoureux moved, — That Bill C-31, in Clause 23, be amended by replacing line 31 on page 12 with the following:

“and who is 18 years of age or older on the day”

After debate, the question was put on the amendment of Kevin Lamoureux and it was negatived on the following recorded division: YEAS: Alain Giguère, Sadia Groguhé, Kevin Lamoureux, Jinny Jogindera Sims, Rathika Sitsabaiesan — 5; NAYS: Rick Dykstra, Roxanne James, Chungsen Leung, Costas Menegakis, Ted Opitz, John Weston — 6.

Kevin Lamoureux moved, — That Bill C-31, in Clause 23, be amended by replacing line 39 on page 12 with the following:

“who was 18 years of age or older on the day”

After debate, the question was put on the amendment of Kevin Lamoureux and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Kevin Lamoureux moved, — That Bill C-31, in Clause 23, be amended by adding after line 41 on page 12 the following:

“(3.2) An officer may not issue a warrant for the arrest and detention of a person under this section unless the officer is satisfied that the person poses a threat to Canadian society.”

After debate, the question was put on the amendment of Kevin Lamoureux and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Clause 23 carried on division.

On Clause 24,

Kevin Lamoureux moved, — That Bill C-31, in Clause 24, be amended by replacing line 3 on page 13 with the following:

“Division and who was 18 years of age or older”

After debate, the question was put on the amendment of Kevin Lamoureux and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Kevin Lamoureux moved, — That Bill C-31, in Clause 24, be amended by replacing lines 6 to 8 on page 13 with the following:

“(a) they are released as a result of an officer ordering their release because the officer is of the opinion that the reasons for their detention no longer exist;”

After debate, the question was put on the amendment of Kevin Lamoureux and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Jinny Jogindera Sims moved, — That Bill C-31, in Clause 24, be amended by adding after line 14 on page 13 the following:

“(3) A designated foreign national whose detention ceases as a result of any of the circumstances described in subsection (2) must be immediately released.”

After debate, the question was put on the amendment of Jinny Jogindera Sims and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Kevin Lamoureux moved, — That Bill C-31, in Clause 24, be amended by adding after line 14 on page 13 the following:

“(3) A designated foreign national whose detention ceases as a result of the circumstances described in paragraph (2)(a) must be immediately released.”

After debate, the question was put on the amendment of Kevin Lamoureux and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Clause 24 carried on division.

On Clause 25,

Jinny Jogindera Sims moved, — That Bill C-31, in Clause 25, be amended by replacing lines 17 to 34 on page 13 with the following:

“57.1 (1) In the case of a designated foreign national who was 18 years of age or older on the day of the arrival that is the subject of the designation in question, the Immigration Division must review the reasons for their continued detention within 48 hours after the designated foreign national is taken into detention.

(2) In the case of the designated foreign national referred to in subsection (1), the Immigration Division must review again the reasons for their continued detention at least once within the seven days following the review under subsection (1), and at least once within each 30-day period following each previous review.”

After debate, the question was put on the amendment of Jinny Jogindera Sims and it was negatived on the following recorded division: YEAS: Alain Giguère, Sadia Groguhé, Kevin Lamoureux, Jinny Jogindera Sims, Rathika Sitsabaiesan — 5; NAYS: Rick Dykstra, Roxanne James, Chungsen Leung, Costas Menegakis, Ted Opitz, John Weston — 6.

Kevin Lamoureux moved, — That Bill C-31, in Clause 25, be amended by replacing line 19 on page 13 with the following:

“was 18 years of age or older on the day of the”

After debate, the question was put on the amendment of Kevin Lamoureux and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Kevin Lamoureux moved, — That Bill C-31, in Clause 25, be amended by replacing line 30 on page 13 with the following:

“detention on the expiry of 25 days after the”

After debate, the question was put on the amendment of Kevin Lamoureux and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Kevin Lamoureux moved, — That Bill C-31, in Clause 25, be amended by adding after line 38 on page 13 the following:

“(4) Subsection (1) does not apply to a designated foreign national who is accompanied by his or her child who is 18 years of age or younger.”

After debate, the question was put on the amendment of Kevin Lamoureux and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Rick Dykstra moved, — That Bill C-31, in Clause 25, be amended by

(a) replacing lines 22 to 25 on page 13 with the following:

the reasons for their continued detention within 14 days after the day on which that person is taken into detention, or without delay afterward,

(b) replacing lines 30 to 34 on page 13 with the following:

detention on the expiry of six months following the conclusion of the previous review and may not do so before the expiry of that period.

Jinny Jogindera Sims moved, — That the amendment be amended by:

(a) replacing the words “within 14 days” with the words “within 7 days”

(b) replacing the words “six months” with the words “30 days”

After debate, the question was put on the subamendment of Jinny Jogindera Sims and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

After further debate, the question was put on the amendment of Rick Dykstra and it was agreed to, by a show of hands: YEAS: 10; NAYS: 0.

Clause 25, as amended, carried on division.

On Clause 26,

Kevin Lamoureux moved, — That Bill C-31, in Clause 26, be amended by replacing line 6 on page 14 with the following:

“designated foreign national who was 18 years”

The question was put on the amendment of Kevin Lamoureux and it was negatived on division.

By unanimous consent, the results of the vote were applied to the remaining amendments to Clause 26 in the name of Kevin Lamoureux.

Kevin Lamoureux moved, — That Bill C-31, in Clause 26, be amended by replacing line 17 on page 14 with the following:

“designated foreign national and who was 18”

The question was put on the amendment of Kevin Lamoureux and it was negatived on division.

Kevin Lamoureux moved, — That Bill C-31, in Clause 26, be amended by replacing line 25 on page 14 with the following:

“18 years of age or older on the day of the arrival”

The question was put on the amendment of Kevin Lamoureux and it was negatived on division.

Rick Dykstra moved, — That Bill C-31, in Clause 26, be amended by adding after line 20 on page 14 the following:

(1.1) Section 58 of the Act is amended by adding the following after subsection (1):

(1.1) Despite subsection (1), on the conclusion of a review under subsection 57.1(1), the Immigration Division shall order the continued detention of the designated foreign national if it is satisfied that any of the grounds described in paragraphs (1)(a) to (c) and (e) exist, and it may not consider any other factors.

After debate, the question was put on the amendment of Rick Dykstra and it was agreed to, by a show of hands: YEAS: 10; NAYS: 0.

Clause 26, as amended, carried on division.

On Clause 27,

Kevin Lamoureux moved, — That Bill C-31, in Clause 27, be amended by replacing line 32 on page 14 with the following:

“designated foreign national who was 18 years”

The question was put on the amendment of Kevin Lamoureux and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Rick Dykstra moved, — That Bill C-31, in Clause 27, be amended by

(a) replacing line 31 on page 14 with the following:

58.1 (1) The Minister may, on request of a

(b) replacing lines 37 to 41 on page 14 with the following:

warrant the release.

(2) The Minister may, on the Minister’s own initiative, order the release of a designated foreign national who was 16 years of age or older on the day of the arrival that is the subject of the designation in question if, in the Minister’s opinion, the reasons for the detention no longer exist.

(3) If the Minister orders the release of a designated foreign national, the Minister may impose any conditions, including the payment of a deposit or the posting of a guarantee for compliance with the conditions, that he or she considers necessary.

Jinny Jogindera Sims moved, — That the amendment be amended in paragraph (2) by

(a) replacing the word “may” with the word “shall”

(b) deleting the words “, on the Minister's own initiative,”

(d) deleting the words “, in the Minister's opinion,”

(e) adding after the word “exist” the words “as set out in paragraphs 58.(1)(a) to (c) and (e).”

The question was put on the subamendment of Jinny Jogindera Sims and it was negatived, by a show of hands: YEAS: 4; NAYS: 6.

After debate, the question was put on the amendment of Rick Dykstra and it was agreed to, by a show of hands: YEAS: 6; NAYS: 4.

Clause 27, as amended, carried on division.

On Clause 28,

Kevin Lamoureux moved, — That Bill C-31, in Clause 28, be amended by replacing line 8 on page 15 with the following:

“who was 18 years of age or older on the day”

The question was put on the amendment of Kevin Lamoureux and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Clause 28 carried on division.

Clause 29 carried on division.

Clause 30 carried on division.

Clause 31 carried on division.

After debate, Clause 32 carried on the following recorded division: YEAS: Rick Dykstra, Roxanne James, Chungsen Leung, Costas Menegakis, Ted Opitz, John Weston — 6; NAYS: Alain Giguère, Sadia Groguhé, Kevin Lamoureux, Jinny Jogindera Sims, Rathika Sitsabaiesan — 5.

Clause 33 carried on division.

Clause 34 carried on division.

Clause 35 carried on division.

On Clause 36,

Jinny Jogindera Sims moved, — That Bill C-31, in Clause 36, be amended

(a) by replacing line 9 on page 17 with the following:

“110. (1) Subject to subsection (1.1),”

(b) by deleting line 21 on page 17 to line 13 on page 18.

Debate arose thereon.

At 12:06 p.m., the Committee adjourned to the call of the Chair.

Julie Lalande Prud'homme
Clerk of the Committee

2013-02-12 3:03 p.m.