The House resumed consideration of Bill , as reported (with amendments) from the committee, and of the motions in Group No. 1.
Mr. Speaker, I am pleased to rise in the House to continue the debate on Bill .
Canada and the government are proud of our tradition of being a country of openness to newcomers and a place of protection for refugees. Indeed, since the government came into office in 2006 we have maintained the highest sustained levels of immigration in Canadian history, admitting on average over 250,000 new permanent residents each year, and maintaining the world's strongest tradition of refugee protection.
We are increasing by some 20% the number of resettled refugees that we accept, increasing the integration support that they receive, so that Canada will receive the highest per capita number of resettled refugees in the world. Of course, we also have a generous refugee asylum determination system to ensure that foreigners who come to Canada who have a well-founded fear of persecution are not returned to face danger.
However, this bill is a necessary part of our efforts to protect the openness and generosity of our immigration and refugee protection systems against those who would seek to abuse Canada's generosity, more specifically, through commercial and dangerous human smuggling operations, fake asylum claims, large numbers of which are in our asylum system, and other efforts to subvert the integrity of our immigration system and the consistent application of its fair rules.
I would like to commend the members of the Standing Committee on Citizenship and Immigration on their diligent work and their many hours of hearings on Bill . They heard from dozens of witnesses and diligently considered amendments to the bill.
The members who were in the House in the previous Parliament will remember that we passed Bill , which set out a balanced refugee system. They will also remember that, at that time, the government and the opposition agreed to make certain amendments to the bill to ensure that it was balanced or, in other words, to make sure that the system was quick, effective and fair. At that time, we were happy with the results of that legislative effort.
However, since June 2010, there has been a huge increase in bogus refugee claims in Canada, particularly by EU nationals.
Indeed, last year, we received close to 6,000 refugee claims from EU nationals, which is more than the number of claims we receive from Africa or Asia. Almost none of these European refugee claimants attend their hearings before the Immigration and Refugee Board, and according to our fair and legal system, almost none of them are legitimate refugees.
That is one of the reasons why we need to strengthen the integrity of our system to really discourage bogus refugee claimants from coming to Canada and abusing our country's generosity. Processing these fake claims costs Canadian taxpayers approximately $50,000. These are the objectives of Bill .
Further to the statements made by members of Parliament, including opposition members, and by some witnesses who appeared before the parliamentary committee, the government considered any reasonable amendments to create a better bill that meets its objectives of combatting human smuggling more effectively, preventing bogus refugee claims and strengthening the security of our system.
Let me review briefly some of the amendments that were adopted at committee.
First, one such amendment relates to clause 19. Clause 19 provides for the automatic loss of permanent resident status if an individual loses protected person status as a result of cessation.
Cessation means that the Immigration and Refugee Board, I emphasize the IRB, not the minister, can take away someone's refugee status if it is proven that the person no longer needs protection. It has always been in IRPA, the Immigration and Refugee Protection Act, since it became law in 2002.
Since we introduced Bill , we have heard concerns that an improvement of the conditions in someone's country of origin could result in the automatic loss of an individual's permanent resident status by a decision of the IRB, regardless of how long they have been a permanent resident in Canada.
Some have worried that Canada was moving toward a conditional permanent residence situation for refugees, which I should point out is not unusual in other democratic countries. The United Kingdom and Germany, for example, do not grant immediate permanent residency for protected people. However, this was never the intention of the bill.
To clarify our intentions, we moved an amendment at committee that one automatic cessation ground be removed from clause 19. The cessation ground we are removing reads as follows:
||the reasons for which the person sought refugee status have ceased to exist.
The effect of this amendment is that cessation for these reasons, such as a change in country conditions, would not result in automatic loss of permanent residency. This would ensure that permanent resident status is lost automatically only when the cessation decision of the IRB is the result of the individual's own actions.
For example, if people come to Canada, make an asylum claim that is accepted by the IRB, but shortly after receiving such status, they return to live in the country of origin, which they allegedly fled due to fear of persecution, we would reserve the right under IRPA to go before the IRB to say that it appears they never needed our protection because they have immediately re-availed themselves of their country of origin. Therefore we could commence proceedings of the IRB to seek an order to cease their protected person status and revoke their permanent residency, but that would only be if they have done something to demonstrate essentially that they defrauded our asylum system.
The government also moved an amendment that relates to pre-removal risk assessments, also known as PRRAs. When failed refugee claimants are given removal orders from Canada, they can under certain conditions apply for a PRRA, which would trigger a review to make certain that the failed claimants are not being removed into situations where they might face a risk of persecution, torture, cruel and unusual punishment or loss of life.
In its original form, Bill called for a one-year ban for failed refugee claimants, including those from countries that generally do not produce refugees, which I might add, is a phrase used by the UN High Commissioner for Refugees.
This measure was intended to simplify the refugee system, eliminate duplication and expedite the removal of failed refugee claimants. The government proposed an amendment that extended this ban to three years for failed refugee claimants from countries that generally do not produce refugees.
The extension of the bar for these claimants is aimed at addressing existing process vulnerabilities that lead to misuse by those who are not in need of protection. It would facilitate the removals of those individuals not in need of Canada's protection, without the requirement to conduct a redundant second risk assessment.
Since the extension of the bar on PRRA would apply only to failed claimants from countries known to not normally produce refugees and generally considered safe, which countries, by the way, based on our proposed guidelines, would see at least three-quarters of asylum claims being rejected, abandoned or withdrawn, there is already a minimal likelihood of returning someone to a situation of risk.
It should also be noted that each eligible claimant would have received a hearing on the merits of his or her case before an independent decision-maker at the quasi-judicial IRB, which decision-maker would have rejected the claim and found no risk in returning the claimant.
In addition, the legislation would provide the minister with the ability to exempt someone from the bar on PRRA, either the one-year bar for most failed claimants or the three-year bar on PRRA for failed claimants from designated countries. That is to say, for example, that if there were to be a major event, say, a coup d'état or civil war in a country, the minister could exempt failed claimants from that country from the PRRA bar, allowing them to in fact apply for and receive a second risk assessment. It is also important to note that this amendment does not preclude a failed refugee claimant from continuing to seek leave to the Federal Court for judicial review of a negative decision of the refugee protection division of the IRB.
Some of the measures in Bill that received the most feedback from parliamentarians and members of the public were those that concerned the mandatory detention of foreign nationals who arrive in Canada as part of a designated irregular arrival, which effectively would be a large-scale human smuggling voyage. These measures, of course, were part of the section of the bill designed to deal with human smuggling.
This amendment would allow for a detention review by the immigration division of the IRB on the detention of a smuggled migrant in a designated arrival initially at 14 days prior to the detention and then subsequently at 6 months, rather than the 12 months that had originally been proposed in the bill.
I would like to once again thank all the members for their important work in committee. I am eager for all the amendments to be accepted here in the House.
Mr. Speaker, I rise today to speak on this bill really on behalf of my riding of Parkdale—High Park, an urban riding in the west end of Toronto and home to communities that have come together from many different countries. There are people who came, like my grandparents, from the U.K. There are people who have come from Asia, from Africa, from the U.S., from Europe, from all over, in waves of different immigrants.
Some, like my family, came with not much more than their ability to work hard and their desire to make a better life for themselves and their families. People who were able to immigrate to this great country have seen their families go on to make a contribution that was beyond their imagination at that time.
We see others who have come under real duress, people who have come as refugees generations ago and more recently. For example, in my riding of Parkdale—High Park we have the largest Tibetan community in Canada. These are people who sought refuge, sometimes decades ago, from the Tibetan region of China and who had been living in the refugee areas in Nepal or India. We have people who came from Africa and from all parts of the world.
Some of the stories they tell are harrowing. The stories are of people who are trying to escape from extreme conditions, from a lack of political or religious rights and sometimes from very harrowing physical conditions.
My community also happens to be home to many new refugees from the Roma community. We have a large Roma community in our area. I have met many members of the community. I have heard many stories, and I want to express the great concern that not just that community but others in our city and across the country have expressed about these changes that are being proposed and brought before the House.
Certainly there is concern that the bill takes an approach of punishing refugees rather than of looking to assist them and help them in their hour of greatest need and that the issue of human smuggling can already be adequately dealt with under existing legislation.
We have heard from many who have said that this same party, while in a minority government, just passed a balanced refugee reform bill last year. It has just been passed, it has not even been fully implemented, and now the compromise that was worked out with all parties and passed by the House is going to be thrown out in favour of the provisions in this legislation. Once again the government, as it is wont to do now that it has a majority, is ramming this legislation through in a way that is especially troubling for those who perhaps do not share the perspective of the government and really want to have a very full airing of the provisions in the bill.
I have also heard great concern about the fact that the bill would concentrate power in the hands of the minister in terms of being able to treat refugees differently based on how they come to Canada. There is concern about what that means in terms of equality before the law.
The minister and I have attended many different community events together in our area, and I know that he tries to get to know newcomer communities well. They appreciate that, but I do not know how well he knows the Roma community. I have heard him say a lot about it, but I will read a letter from one member of the community who is now a landed immigrant in Canada.
|| My name is Robi Botos. I'm a Roma musician and composer. I came to Canada in 1998 from Budapest, Hungary. I saw the growing persecution and racism in the 90s. With the support of the Canadian music scene, fans and friends I was able to stay in Canada on humanitarian and compassionate grounds.
|| Hungary did not become a safer country since I left. In fact, it became much worse. Today, if you are a Roma living in Hungary, your life is clearly in danger from the growing fascist movement. There are many evidences of that. All you need to do is, just go on the internet and see for yourself.
I have done more than that. I have talked to many community members in our area.
He goes on:
|| I fell in love with Canada, because I saw that people don't discriminate against me, and they support me for who I am.
|| I won two of the biggest piano competitions in the world as a Canadian Roma artist. I got many awards as a Canadian Roma musician, including the National Jazz Award, and recent Juno nominations. They announce me as a Canadian national treasure. I shared the stage with my biggest hero, the great Canadian legend Oscar Peterson.
|| I say this, because just a few years back, I was at the edge of being deported, and if Bill C-31 would have been in effect, and I had to go back to Hungary, my son could've been the boy who they shot 18 times because he was a Roma.
|| I did not come to Canada to take advantage of the Canadian Welfare system, or be a criminal! Like most Roma refugees I sold everything I ever had to be able to buy air plane tickets, knowing I'll lose it all if I have to go back. I came here with no English skills, and no guarantees.
|| I'm deeply disappointed about the Canadian Immigration discriminating against Roma refugees, by referring to them as “bogus refugees” and that they're even considering calling Hungary a safe country for the Roma people. That's not the Canadian way. They should at least research first!
|| I dream, that the Canadian Immigration will act Canadian by protecting Roma refugees and not threaten them, by sending them back where their life is in great danger.
|| Thank you for giving me the opportunity to speak on behalf of my people.
I am concerned first of all that here in Canada there have been comments made about the Roma community that impugn their reputation. I have met many people face to face, know them, hear their stories and know of the contribution they make to our community. I know about the insecurity and fear they feel about losing the opportunity to be here in safety and going back to persecution.
I am concerned that our government made changes to the immigration and refugee legislation just a year ago and today is throwing those changes out and introducing changes that would create two tiers of refugees and deny people who are seeking safety here the opportunity to remain in Canada.
I have done a lot of work with organizations such as the Canadian Council for Refugees, which is calling for this bill to be completely scrapped. The Canadian Bar Association is concerned that it violates charter protections against arbitrary detention. The Civil Liberties Association has also been very critical and is calling the measures contemplated “draconian”.
I am speaking out on behalf of people I have seen face to face, families who come here with very little and who have had terrible experiences of discrimination and, in some cases, violence. They see Canada as a refuge. I would hate to think that with our reputation for human rights and for respecting international agreements around the world, we would somehow turn our backs on people in their hour of need.
Mr. Speaker, I am pleased to rise today to speak in support of Bill , protecting Canada's immigration system act.
Before I get into the bill, I want to give a little background about the riding I represent and the people who make up the wonderful riding of Richmond Hill in Ontario. Richmond Hill is nestled in the heart of the GTA. It is one of the most diverse communities in the country-consisting of Canadian citizens, landed immigrants and people aspiring to become citizens who come from virtually every nation in the world. In fact, in the greater Toronto area in which I reside, over 150 dialects are spoken on a daily basis. I am very much in touch with the needs of the multicultural community and what it means to come to Canada for a better life for themselves and their families and to take advantage of the opportunities that are available in this wonderful nation in which we live.
I feel compelled to voice in the House what I hear from the people who reside in the great riding of Richmond Hill with respect to Bill . I am hoping that, in the short time that I have, I will be able to properly articulate their views on this legislation, since a large percentage of the people who reside in my riding were immigrants to this country at one time or another.
We have heard opposition members state their position. There are a few things that need to be again highlighted to bring the subject into proper focus. I think we all agree in the House, and certainly Canadians agree across this nation, that Canada has the most fair and generous immigration system in the world. However, Canadians have no tolerance for people who abuse our generosity. It is a responsibility of parliamentarians and certainly the government to take the proper measures to crack down on those who abuse that generosity. The protecting Canada's immigration system act would make our refugee system faster and fairer.
I will provide a plain statistic. Processing an application today of a refugee claimant in our country takes an average of 1,038 days. That would be reduced to 45 days for those who are claiming refuge in Canada from designated countries and 216 days for those from other countries around the world. Imagine someone who is persecuted, whose life is threatened and has been tortured, comes to Canada for a better life and is tied up in a system for 1,038 days while bogus claimants are clogging up the system? Imagine people coming here for a better life and waiting the better part of three years for their application to be decided on before they can start contributing to Canada as a viable new immigrant to this country. The measures in Bill would ensure that the people who need it the most get into the country a lot faster. That, I submit, is a very compassionate approach to refugee reform.
I applaud the for the courage he has shown in spearheading this through. That is what members are hearing in their ridings and it is certainly what I am hearing in my riding, that we need to be compassionate and look after those in need. If we clog them up in the system after they have come to this country and they do not know what is happening or what will happen for the next two and a half to three years, that is not showing compassion.
Unfortunately, human smuggling is a very lucrative business, and there are those who engage in that disgraceful act of preying on those in need for financial profit. We need to crack down on those people because, in my opinion, and I believe in the opinion of every member in this House, there is no place in Canada for human smugglers to prosper. We should close every possible loophole we have to eliminate that possibility from happening.
We have a responsibility as a government, and that responsibility is predicated upon the fact that Canadians expect us to ensure that those people who are welcomed into our country are properly identified so that we know who is going to walk the streets beside our families, live in our communities and work with us in our place of employment.
This bill would provide for a significant investment in the identification of people, and that is the concept of biometrics. Biometrics is a 21st century identification tool that we have heard is very much a positive step for us take. We have heard it from law enforcement agencies across this country, including the RCMP, the CBSA and CSIS.
It makes sense to Canadians, and it should make sense to all of us that we know the identity of individuals before we allow them to walk on our soil in, before they walk beside our families, before they work in our communities and before they shop where we shop. We need to know their identity. Biometrics is a method that will help us to more quickly identify people who want to come into our country. It is something that should be applauded by all members in this House. I do not think anyone would want people here who have perpetrated a war crime, who are a security risk in their own country, who have done prison time or who are criminals who came over here on a ship and have thrown their records into the water so they cannot be identified when they arrive.
I cannot imagine any Canadian saying that we should let people into our country without identifying them, that they have said that they are refugees and we should believe them.
It is a responsibility of our government to ensure that we look after the safety and security of Canadians first. It is also our responsibility to ensure that our good nature is not taken advantage of by those who come here claiming they are refugees, take the benefits and then shortly thereafter leave. It is does not make sense. It boggles the mind that 95%, if not more, of applicants from the European Union either abandon, withdraw their claim or the refugee board deems them inappropriate or inadmissible to Canada.
Those people tie up the system, and that is at a cost of about $170 million per year to the Canadian taxpayer. I think it is critically important for us to ensure that people who claim to be refugees or claim that they being persecuted in a European Union country are a legitimate refugees. It is important for all of us to realize that the European Union is a union of 27 democratically elected nations. The first choice that someone who feels they are being persecuted would have would be one of the other 26 countries before they would come to Canada. That would only makes sense. They are democratically elected nations.
In closing, I will t quote what some others have said. In an article in the Edmonton Journal dated February 17, 2012, it states:
|| Given the financial stress placed on our system by those numbers, there has to be a more efficient, cost-effective means of weeding out the bogus claimants from Europe and elsewhere.
A Toronto Star editorial from February 21, 2012, reads:
||...[the Minister of Immigration]'s latest reform plan would reduce the current backlog of 42,000 refugee claims; cut the processing time for asylum seekers from "safe countries" to 45 days...and save money.
Ian Capstick, MediaStyle NDP commentator on CBC's Power and Politics, as early as February 16, 2012, stated, “Obviously there are certain countries like the United States of America, for instance, in which...we should accept no refugees from”.
I would ask all of the members of the House to consider the importance of this legislation and vote for it as quickly as possible for the betterment of Canada.