39th PARLIAMENT, 1st SESSION
EDITED HANSARD • NUMBER 078
CONTENTS
Tuesday, June 5, 2007
Immigration and Refugee Protection Act

Mr. Ed Komarnicki (Parliamentary Secretary to the Minister of Citizenship and Immigration, CPC):

Mr. Speaker, I rise today to propose several important amendments to the Immigration and Refugee Protection Act.

I know all members will agree that immigration is the lifeblood of Canada and, therefore, vital to its future. New Canadians bring us new ideas, new cultures, new skills and, above all, a fresh vibrancy and energy to our great country. To remain progressive and competitive, Canada needs to sustain and maintain this essential infusion of skill and commitment.

For some time, the prospect of becoming a Canadian is first realized when they apply for and receive a temporary work permit. For hundreds of thousands, such permits have been a doorway to opportunity, hope, security, prosperity and realizing a dream of becoming a Canadian.

It is not only our responsibility as elected representatives to debate and craft the laws that govern entrance to our country, but it is our duty to ensure that these laws reflect a modern, compassionate, flexible and responsible process as well.

The government has brought about a number of significant changes to that process. It has proposed and implemented a number of initiatives and policies that clearly demonstrate a commitment to innovation and improvement. We have also demonstrated compassion and understanding to those in need of a helping hand.

Today I intend to outline to hon. members how the government will help prevent applicants for work permits from being exploited or abused. The amendments would give immigration officers the authority to deny work permits in situations where applicants may be at risk.

Bill C-57 addresses an important gap that currently exists in Canadian immigration law. The Immigration and Refugee Protection Act, or IRPA as it is known, provides the Government of Canada with authority to allow an individual to enter this country even if they do not meet all of the requirements and are inadmissible. We do this to ensure that we are able to take into account that each applicant who enters Canada represents a unique situation. Unfortunately and paradoxically, the act does not provide a similar authority to deny a temporary work permit to an applicant who meets the entry requirements.

Other countries, such as Australia and the United Kingdom, have varying forms of discretionary authority over and above their general inadmissibility provisions but we do not.

Essentially, the current rules allow officers to refuse work permits based primarily on what is or has been happening, for example, if the applicant has a communicable disease or has criminal conviction.

These proposed amendments, however, will allow an officer, based on instructions issued by the minister, to refuse a work permit based on reasonable concern for what will happen, namely, that the person could be in danger of being trafficked, exploited or degraded once in Canada. Immigration officers would make their decision on a case by case basis. Each application for a permit would be assessed on its own merits.

The proposed changes could be used to prevent abuse in a number of possible scenarios, which could include low skilled labourers and exotic dancers, as well as other potential victims of human trafficking. For example, some applicants for work permits may be inexperienced, without a support network and overly dependent on their employer. In many situations, this would not be a problem. However, in some situations this could lead to humiliating and degrading treatment, including sexual exploitation.

Where there is evidence that these concerns are serious and well-founded, ministerial instructions would provide the government with the mechanism to protect applicants from abuse and exploitation they might otherwise experience.

Making Canada a safer place for everyone is our objective and the authority is intentionally broad to allow for future unanticipated situations.

Human trafficking is another example of the kind of abuse and exploitation we are trying to prevent. Ministerial instructions issued under this new authority would give us another tool to help stop trafficking at our borders and prevent foreign nationals from becoming victims of this heinous crime.

Because of the broad parameters of the authority, I would like to assure hon. members that we have built a high level of accountability into its use.

I would now like to review the government's commitment to accountability on this matter. First, any instructions issued by the minister under the authority in the proposed amendments would be based on public policy objectives and evidence that clearly outlines an identified risk of abuse or exploitation. The instructions would also need to be linked to the objectives of the Immigration and Refugee Protection Act and they would need to comply with the Charter of Rights and Freedoms.
Second, any decision by an immigration officer to use the new authority to refuse a work permit in Canada would require the concurrence of a second officer. Ministerial instructions would also be published in the annual report to Parliament and in the Canada Gazette. As members can see, these amendments stand on the principles of openness and accountability that are a hallmark of our government.
Since our government was sworn in, we have worked tirelessly to strengthen Canada's immigration system. The last budget highlighted our commitment to making Canada a more welcoming place to newcomers who are so critical to Canada's success. It includes important measures that will help ensure our immigration system is more responsive to the needs of local economies and make Canada more attractive to immigrants who can contribute to our growing economy.

It reaffirmed, for example, our commitment to increase settlement funding to help newcomers succeed. That is a $1.3 billion investment over five years. We want to be sure that the tools are there for those who come to our country and wish to succeed.

The budget confirmed the creation of the Foreign Credentials Referral Office, which will be an important service for immigrants overseas and newcomers already in Canada. As announced by the minister on May 24, the office will give applicants information about the Canadian labour market, credential assessment and recognition requirements. It will help them connect with the appropriate assessment bodies.

The budget also included an important change to our immigration program. This change will allow eligible foreign students who graduate from post-secondary institutions and have Canadian work experience and qualified temporary foreign workers with Canadian work experience to apply for permanent resident status from within Canada. This will allow us to tap into a pool of talented people who have the skills and experience to succeed in our country, our economy and our communities.

Currently, temporary workers and recent graduates usually need to leave Canada to apply for permanent resident status. As a result, many of them end up pursuing other options and do not return to Canada.

Allowing these people to apply for permanent resident status from within Canada will open up an important source of skilled and talented newcomers. This includes skilled tradespersons who may find it difficult to qualify under the current skilled worker program.

The Canadian experience and credentials that individuals who qualify have will enable them to more quickly and effectively integrate into Canadian society and the workforce. This will also help ensure all regions benefit from immigration. Many newly arrived immigrants go to Toronto, Montreal and Vancouver but those who have been studying or working temporarily in smaller centres are more likely to stay where they are already established.

Over the past few months this government has introduced various changes to the temporary foreign worker program to ensure the program is more responsive to Canada's labour needs.

Budget 2007, for example, included funding for further improvements to the program, making it faster for employers to get the people they need in regions and sectors facing the most critical shortages. These improvements include negotiating agreements with the provinces and territories to allow them to play a more direct role in helping their employers access temporary foreign workers that they so desperately need.

We have extended pilot projects enabling workers with less formal training to work in Canada for up to 24 months instead of 12 months. We have also extended work permits issued to live-in caregivers to three years and three months, up from one year.

We have also acknowledged and developed lists of jobs where there have been labour shortages to make it easier, quicker and less costly for employers in certain regions to recruit the foreign workers they need.

As our economy grows and the demand for temporary foreign workers continues to rise, we need to ensure that these growing numbers of workers enjoy the respect they deserve for helping to fill our labour shortages. We need to speed up the processing of applications and strengthen monitoring and compliance mechanisms to help ensure that employers respect commitments to wages and working conditions.

Budget 2007 is the second budget in a row that featured important measures designed to help immigrants to Canada get started on the right foot and to succeed.

In 2006, as members will recall, we cut the right of permanent resident fee in half, reducing it to $490. The government has refunded more than $40 million to date. This measure applies to immigrants who become permanent residents under all social, humanitarian and economic classes. It is designed to lessen the financial burden associated with immigrating to Canada.

As well, the government has demonstrated compassion to victims of human trafficking by authorizing immigration officials to issue temporary resident permits for up to 120 days. Individuals who receive these permits are also exempted from the processing fee and are eligible for trauma counselling and health care benefits under the federal interim health program.

These measures have been carefully designed so that only bona fide victims of human trafficking would benefit from them. No one is removed from Canada without consideration of their need for protection.

While I am proud of the progress we have made to date, there are still many challenges ahead and much work to be done. The government is working to ensure that Canada's immigration system can meet our current and future labour market needs and facilitate the integration of newcomers to Canada.

With respect to Bill C-57, it is worth noting that it has been well received by groups working to eliminate human trafficking. Irena Soltys, co-chair of the Stop the Trafficking Coalition, said:

Stop the Trafficking Coalition supports [the minister's] announcement regarding changes to the IRPA to protect vulnerable workers. Included in this are women that may be exploited as exotic dancers and forced to work as sex slaves...Canada, as an international human rights leader, owes them the protection they are entitled to.
Sabrina Sullivan of The Future Group said:

[The] Immigration Minister has taken an important step to protect women from sexual exploitation and end a program that made Canada complicit in human trafficking...It is clear that [the] Prime Minister's government is serious about combating human trafficking--

There are other groups that have stepped up to the plate as well and have indicated that the announcement proposed in the act is something that is well received and is something that will protect vulnerable workers from exploitation. M. Christine MacMillan, territorial commander for The Salvation Army in Canada and Bermuda, said:

This announcement is an excellent advancement towards the protection of women from sexual exploitation. It is another positive step in the fight against human trafficking, and we are encouraged by the leadership shown by the Federal Government.

Even those in the adult entertainment industry are acknowledging the need for Bill C-57. It is truly unfortunate that the Liberal immigration critic, the member for Mississauga—Erindale, was dismissive of Bill C-57 when he said it was frivolous legislation regarding so-called exotic dancers' work conditions.


Instead of dismissing Bill C-57 as frivolous, the Liberal immigration critic should have sought the opinions of respected organizations, such as Stop the Traffic Coalition, The Future Group and The Salvation Army, who have offered support for the legislation.

The Minister of Citizenship and Immigration expressed dismay that this legislation would be treated so flippantly. There is no doubt that it is an important piece of legislation that would protect vulnerable foreign workers coming to Canada and those who need protection from being exploited or being subject to human trafficking.

Our government will not apologize for having brought this legislation forward. We will not apologize for introducing added protections that would help prevent situations where temporary workers in Canada, including strippers, may be abused, exploited or possibly become victims of human trafficking.

I would ask that all members support these proposed amendments. They were designed to protect vulnerable persons. They would help ensure that Canada's immigration system is not used by criminals to victimize people. They are intended to prevent the exploitation and the casting of individuals into a life of misery and degradation.

Without these amendments, immigration officers could not deny a work permit to someone who met all the requirements to enter Canada, even if they believed that there is a strong possibility or a reasonable concern of exploitation or abuse.

Strengthening the minister's authority would provide the Government of Canada with a tool to respond to situations where a permit applicant could be at risk.

To sum up, our proposed amendments would go further in helping prevent vulnerable foreign workers from being exploited or abused.

These amendments would further our efforts to strengthen our immigration system. They would give the Minister of Citizenship and Immigration the authority to instruct immigration officers to deny work permits to individuals, including exotic dancers, who could be subjected to humiliating and degrading treatment, including sexual exploitation in Canada.

It is unconscionable that the previous government gave blanket exemptions to foreign strippers to work in Canada despite warnings that women were vulnerable to forced prostitution and other forms of exploitation.

We are taking real action to help prevent the exploitation of women and children while protecting other foreign workers who could be subject to abuse and exploitation.

Canadians do not want an immigration system that can be used to exploit people. They expect their government to take all necessary steps to deal with problems associated with exploitation of vulnerable foreign workers and the crime of human trafficking.

No longer shall our government be complicit in facilitating human trafficking by permitting foreign strippers into the country when they could be potential victims of abuse or exploitation.

Canadians are justifiably proud of our reputation for fairness around the world. It is unacceptable to allow situations of exploitation that existed under the previous government to continue.

If we truly value the freedoms and ideals that our wonderful country was founded upon, we will support these amendments.