STANDING COMMITTEE ON
CITIZENSHIP AND IMMIGRATION
COMITÉ PERMANENT DE LA
CITOYENNETÉ ET DE L'IMMIGRATION
EVIDENCE
[Recorded by Electronic Apparatus]
Thursday, October 25, 2001
• 1534
[English]
The Chair (Mr. Joe Fontana (London North Centre,
Lib.)): Order. Good afternoon, colleagues.
To the minister and her
officials, Mr. Dorais and Joan Atkinson, it's nice to
have you here.
We became very intimately involved last year as we
reviewed and passed Bill C-11. As you know, Bill
C-11 is in the process of being passed in the Senate
and hopefully we'll get royal assent very soon.
Minister, since Bill C-11, this country and the world
have been in the midst of some really remarkable events
that have shaken us all. The purpose of the
committee meeting is to review the new bill within the
context of what happened on September 11.
• 1535
As you know, the committee will be travelling next
week, east and west, to look at security at
our border points. The week following we
hope to meet with our congressional counterparts in
Washington as we all try to collectively reassure our
own populations and each other that we're doing
everything possible within the context of immigration.
So I want to thank you very much, Minister, and your
officials for taking the time to come to our committee.
I know you have opening statements, and we have, I'm
sure, a lot of questions.
We met with the RCMP and CSIS last week, and the
IRB. This morning we had a briefing on our border
security issues with some of your officials.
We have approximately two hours with you. So without
any further ado, welcome, and we look forward to both
your opening remarks and your answers.
Hon. Elinor Caplan (Minister of Citizenship and
Immigration, Lib.): Thank you
very much, Mr. Chairman, and members of the committee.
[Translation]
Thank you, Mr. Chairman and members of the committee.
[English]
First, let me thank you for inviting me to speak to
you about security at our ports of entry as you begin
your study on this very important issue.
I do have opening remarks, Mr. Speaker, and I look
forward to answering questions after.
Since the terrible attack of September 11, the issue
of border security has taken on new meaning. Many
people are looking at the world differently as a result
of these horrific attacks.
Naturally, many have reacted with fear and anxiety.
They are asking what the Government of Canada is doing
to protect our nation from the scourge of terrorism.
They're also determined, as we are, to see that these
acts strengthen our resolve to protect and uphold our
fundamental values.
Earlier this year, I spoke to you about Bill C-11, the
proposed Immigration and Refugee Protection Act, which
will provide a range of new tools to deal with threats
to safety and security of Canadians.
But I want to be clear that the current Immigration
Act already contains tough measures to protect our
borders. We can and do use these provisions now to
examine new arrivals; to deny entry to inadmissible
persons; to detain those who pose a concern in relation
to their true identity, their likelihood of showing up
at hearings, or the threat that they may pose to
Canadians; and to deport criminals and other
inadmissible persons.
Long before September 11 we had already established
strong alliances and excellent working relationships
with our partners, both within Canada and with other
countries, to deal with the threats of terrorism and
international crimes.
Border security has always been an important component
of this work. Citizenship and Immigration Canada works
every day with domestic and international law
enforcement partners to share intelligence and advance
our joint efforts to combat terrorism as well as
irregular migration, organized crime, and the smuggling
and trafficking of human beings. We know that we must
build on this cooperative work, in particular with our
international partners, because it is clear that
terrorism is an international problem.
My department works closely with other departments and
agencies concerned with border security issues. Among
them are Canada Customs and Revenue Agency, the Department
of the Solicitor General, the RCMP and CSIS, the
Department of Justice, and the Department of Foreign
Affairs and International Trade.
Our cooperation with our closest neighbour, the United
States, in managing our shared border is long-standing
and has deepened over the years.
In 1999, in the context of our border vision strategy,
we signed a statement of mutual understanding on
information-sharing with the United States, allowing us
to exchange key information and intelligence, including
information on possible terrorist activities.
Together we have developed various initiatives that
use technology to accelerate the flow of people, goods,
and services between our two countries. We are
employing joint enforcement teams to combat illegal
border crossing activities.
Together
we're able to permit the free movement of legitimate
travellers who represent the overwhelming portion of
cross-border traffic while doing our part to ensure
the safety and security of our two countries.
• 1540
We also profit from information-sharing agreements
with our other allies, such as the United Kingdom and
Australia, which are also vulnerable to illegal
migration and terrorism. We participate in a range of
multinational forums dealing with such global issues as
illegal migration, people-smuggling, organized crime,
and terrorism.
I understand that over the coming weeks the members
of this committee will be travelling across the country
to visit a number of Canada's ports of entry. You will
meet the men and women on the front lines, the
hard-working officers who protect and serve at our
airports, seaports, and land ports of entry. I
encourage you to talk to them at length to find out how
they do their jobs and ask them what questions and
concerns they may have. I'm sure you will be very
impressed, as I have been, with their dedication and
professionalism.
Of the 110 million or so people who come to Canada
each year, customs officers refer approximately 2 million
for examination and screening by immigration
officers. Last year, immigration officers at our ports
of entry wrote over 41,000 reports on persons who were in
violation of the Immigration Act, ranging from the lack
of a visa to serious criminality. These reports
resulted in a variety of enforcement actions.
At our ports of entry, immigration officers
fingerprint and photograph refugee claimants. They
have the authority to detain persons where there are
concerns about security, risk of flight, or identity.
And this is a very important authority. But the job of
screening those who enter Canada starts long before
many even reach Canada's borders.
At a conceptual level, we might think of our border as
something that begins at our embassies and visa posts
abroad, where our officers interview and screen
prospective visitors to Canada. It continues at our
international airports, where our officers work with
airlines at various departure points for North America.
And it is supported through both the criminality and security
databases and the sharing of information with our
partners well before people arrive on our soil.
I think we all agree that the very best way to deter
terrorists is to stop them from reaching Canada, stop
them before they get here. To this end, we have over
the past two years expanded our work of overseas
interdiction by increasing the number of immigration
control officers abroad from 31 to 48. Last year
Canada's immigration control officers intercepted more
than 6,000 improperly documented passengers attempting
to board airlines for Canada. Over the past six years,
our officers have stopped 33,000 people without proper
documents from doing so. Our success with such
interdiction activity has in fact encouraged the United
States, Britain, and Australia to initiate similar
interdiction work.
Since September 11, the Government of Canada has
increased vigilance at our ports of entry as well as
overseas. Customs and immigration officials are
conducting intensive examinations based on heightened
security concerns and are working closely with the RCMP
and CSIS to identify persons who may pose a security
risk.
We have strengthened our partnerships, both within
Canada and with other countries, and we have increased
information-sharing with our allies.
Canadians recognize more than ever the need to be
vigilant against the threat of global terrorism. And
the Government of Canada is devoting more resources to
protect the security of our borders.
Mr. Chairman, on October 12, at our port of entry in
Niagara Falls, I announced new funding of $49 million
to help my officials in their work to protect our
safety and security. Among other things, this means
that we will employ about 100 additional new
immigration officers to staff our ports of entry.
• 1545
My officials are moving quickly to produce a secure
identity card for permanent residents. Starting in
June of this coming spring, the maple leaf card
will be issued to all new immigrants. It will replace
the piece of paper, today's Record of Landing, that has
been subject to abuse. The new card will be the only
document that gives proof of permanent residence
status, and as such will greatly facilitate travel abroad and return
to Canada. The state-of-the-art security features of
the card will help us to crack down on fraud, and make
it much harder for terrorists to make use of this
document to travel to Canada.
We have also been conducting intensive security
screening for all refugee claimants arriving at our
borders in an effort to immediately identify potential
criminals or security risks. With the new funding that
has been made available, we will be increasing our use
of detention, as required, particularly in relation to
concerns about identity or security. We will also be
expanding our removal activity, to send a message to
those who would abuse our rules that they will be
apprehended, and either charged or deported.
At the same time, my officials are hard at work on
plans for the regulations to accompany Bill C-11, and
for the implementation of the strengthened security
provisions that this bill and its regulations will
provide. Many of you will recall, when Bill C-11 was
introduced earlier this year and studied at length by
this committee, it was criticized for being too tough.
I think Canadians recognized then, just as they do now,
that we need to be tough—tough on those who would
abuse our rules and tough on serious criminals and
security threats. We must not, and we will not, allow
this small minority to hijack our long-standing
traditions of openness and diversity and of welcoming
newcomers to Canada. Our immigration and refugee
protection programs are far too important to Canada
and to Canadians.
Bill C-11, the new Immigration and Refugee Protection
Act, will provide increased security provisions and new
grounds of inadmissibility. Serious criminals and
persons who pose a security risk will not have access
to the refugee protection process. Those who are
serious criminals and persons who pose a security risk
will also lose appeal rights. Simply put, the new bill
will allow us to remove these people faster.
Mr. Chairman, members of the committee, as you study
the issue of border security you will have the
opportunity to observe the screening process at our
ports of entry. You will see some of the technology in
use and witness the enhanced cooperation amongst
partner departments and nations. You will observe the
everyday work of our dedicated officers as they seek
to find the appropriate balance between measures
necessary to both maintain integrity and security at
our borders and allow the movement of goods and
people that have become so vital to our economy, our
society, and, yes, our way of life.
I wish you well in this work. I look forward to
your questions.
[Translation]
Thank you very much, Mr. Chairman. I am ready to answer your
questions.
[English]
The Chair: Thank you, Minister.
We'll move immediately to round one. I have the
pleasure of welcoming the leader of the opposition, Mr.
Day, for the first round.
Mr. Stockwell Day (Okanagan—Coquihalla, Canadian
Alliance): Thanks, Mr. Chairman, and Madam Minister.
In your presentation, and we anticipate
in the legislation, there are words that say
authorities would “have the authority to detain”, and
that people “will be detained” in relation to their true
identity. But there is something more required here.
On Tuesday the Canadian Alliance put forward a
motion, a proposal, that said people who arrive here
with their identity documents destroyed—destroyed
by themselves, in most cases—or without documentation,
or under
suspicious circumstances, should not simply be
detained but detained until it is absolutely proven
they are not a security risk.
• 1550
So when the minister is
saying “they will be detained”, that's truthful. They
may be detained until they're fingerprinted, or a
picture taken. They may be detained for a couple of
days or even longer. But they must be detained until
it's established they are not a security risk.
When we
proposed that in a motion, as you know, Mr. Chairman,
the minister and her Liberal colleagues voted against
it. That's what we're trying to get at here.
It flies in the face of a House of Commons committee
in 1998. At that time a majority of Liberals on that
committee, including several members who are still on
that committee, specifically recommended, and I quote:
Citizenship and Immigration Canada should detain
in cases where the identity of a person is not
established. That detaining must continue until that person is
cleared of any risk.
So why is it the minister is reluctant to add, if
not that clause, certainly that intent? Will the
minister say today that people who arrive here who have
destroyed their documentation on the way here, or have
some story as to why the documents evaporated, will be
detained until it is determined they are not a security
risk?
Ms. Elinor Caplan: I want to be clear
that the immigration officials at
our ports of entry today, under the existing
Immigration Act, have the authority to detain
anyone where they have reasonable grounds to believe
that this person poses a security threat, where they
have evidence as to concern about their identity, or
reasonable grounds to believe they are not going
to show up for hearings. That authority is already in
the existing act.
In the new Immigration and Refugee Protection
Act, both in the bill and in the accompanying
regulations, that will be further clarified, and I might
say enhanced, by determining that if someone is
undocumented and uncooperative, we can, again,
detain on grounds that they pose a security risk, that
we're not satisfied as to their identity, or that there
are reasonable concerns that they will not show up for
hearings.
But what I hear the leader of the opposition asking
for—correct me if I'm wrong—is mandatory and
automatic detention of anyone who shows up
undocumented. If that's what he's proposing, Mr.
Speaker, it would result in the jailing or holding in
detention of perfectly innocent people over whom my
officials and experts, dedicated professionals, have no
concern, and no evidence that they should be concerned.
The Chair: Mr. Day.
Mr. Stockwell Day: I'm glad the minister is being
forthright in saying why she doesn't want to do this.
You used the words “they have the authority to
detain”. A police officer has the authority to stop
someone from speeding, but if police officers never
stop the speeding, people will eventually get killed.
I agree they have the authority, but it is not acted
on. I'm glad the minister has really stated the case.
It reflects what she said—
The Chair: They seem to stop me every time I'm
speeding.
Mr. Stockwell Day: And I'm glad they do, Mr.
Chairman, I'm glad they do.
Mr. Chairman, the minister has
said that if we proceed this way, if we would detain people
who arrive here suspiciously, it would be a
dark chapter in our history. Remember, these are
people who, for some reason, while they're flying
here—because they had to have some documents to get on
that plane—destroyed their own documents. That
act alone should require, absolutely, that they be
detained and not let go. It would not be a dark
chapter in our history.
There have been, I acknowledge, dark
chapters in Canada's history. In the Second World War
Japanese Canadians were interned in camps. That was
wrong and dark. In the Second World War there were
many cases. One quite famous case was that of a ship, the
St. Louis, arriving here with Jewish refugees and
being turned away, and they had all their papers in
order. In both cases, it was Liberal governments, with
respect, that perpetrated those dark chapters.
Others of our allies—the United Kingdom, the United
States, Australia—have this policy, and yet we do not.
In the United Kingdom, very close to Heathrow airport,
they have just opened a new facility to detain people
who arrive there without documentation. That does not
mean there's going to be a massive detention required,
because when the word goes out to the other points from
which people leave to come to Canada that people are
detained if they arrive here without documentation,
this activity will come swiftly to an end.
Is the minister saying that these other countries, our
allies, are also creating dark chapters?
We're simply
asking, will you please detain these people until they
are absolutely cleared of being a security risk? What
is wrong with that?
• 1555
Ms. Elinor Caplan: I'm pleased to answer the
questions of the leader of the official opposition.
I want him to know that there are 23
million refugees worldwide. Many flee for their
lives from persecution with no documentation. Some
use smugglers to
help them flee. That's called humanitarian smuggling.
It's something that is recognized in our law today.
When it can be proven that someone assisted for
humanitarian reasons, such as people fleeing persecution, the
Minister of Justice does not prosecute in those cases.
Often it is church groups and organizations that
help people.
At our ports of entry in the last couple of weeks, we
have had people arrive—families, women, and children—from
war-torn countries in central Africa and from parts
of the world where there is torment and persecution.
They've arrived here—perfectly innocent people, women
and children—without documents.
Mr. Chairman, the immigration officials interview all
of those people. They take their fingerprints. They
take their photographs. They run the checks through
the RCMP and CSIS databases. If they have any
concerns that those individuals pose any kind of a
safety or security risk, if they're not satisfied as to
their identity, or if they believe and they have
reason to believe that those individuals won't show up
for their hearing, they have two options. They can
detain them or they can impose terms and conditions.
Actually, a third option is that they can let them
enter Canada with every reasonable expectation that
Canada will in no way be in any way concerned about
those individuals.
Before I finish, Mr. Speaker—
The Chair: Mr. Day.
Mr. Stockwell Day: Thank you, Mr. Chairman.
Further to that, the minister said, if there's any
reason to detain them. They can't get on the plane in
another country unless they have some documentation, so
in-flight, en route, they destroy the documentation. That
is sufficient reason to detain them.
Ms. Elinor Caplan: I would suggest, Mr. Speaker,
that the leader of the official opposition is acting as
judge and jury, prejudging cases without even looking
at what the facts are. These are exactly the sorts of
judgments that our immigration officers make.
I
would suggest to him, when he talks about other
countries and their experience with detaining for
reasons of deterrence, that in fact they have not
been successful. They don't detain for security
reasons; in fact, they do detain for the purpose of
it acting as a deterrent so that people will stop coming.
If you look at the experience in Australia, they have
spent hundreds of millions of dollars detaining people
who pose no security risk in the hopes that it will
stop people from getting in boats. We just heard of
another boat, unfortunately, where people
were drowned trying to get to Australia.
So if the leader of the opposition is suggesting
that these camps, these detention camps, these jails,
deter people from coming, he's wrong. The experience
in Australia proves that.
Mr. Stockwell Day: Mr. Chairman, the minister has
no way of proving that point because in fact we do not
detain people right now. They roam the countryside. And
talk about establishing yourself as judge and jury, the
minister is supporting legislation with something
called “preventative arrests”. That means the minister
or her colleagues will be saying, you know, we
think you're thinking about doing something bad, so we're
going to arrest you.
That is being a judge and a jury
if nothing is.
Ms. Elinor Caplan: No, no—
The Chair: Minister, let the member pose the
question.
Ms. Elinor Caplan: All right.
Mr. Stockwell Day: I would simply ask that we do
as these other countries do and send the message out,
especially in this time of heightened alert around the
world, especially in a time where true terrorists are
looking for a place to hide. The caves of Afghanistan
can't hide them all. They're being bombed out. They
are looking for those countries where they think they
have an opportunity to enter without documents, or
after destroying their documents, and then take a hike and
disappear.
• 1600
Now more than ever, we need to have it clearly sent
around the world.... Absolutely, we need to be there with
humanitarian aid in these countries, helping refugees,
but people are getting on planes, destroying their
documents, and arriving here knowing that if they just
will be patient, with some detention time, they're going
to be able to walk.
A detention is not good enough.
They must be held until there's no security risk.
Ms. Elinor Caplan: Mr. Chairman, with respect, it
is wrong to equate all undocumented refugees with
terrorists and criminal security threats. That is
just wrong.
In order to protect Canada, we have instituted, since
September 11, in-depth interviewing and screening at
the ports of entry and inland. We have the ability to
detain, and we do detain, whenever we have evidence that anyone
poses a security risk or a danger to Canada. That's
happening today, and to suggest it's not happening is
not correct.
I know the leader of the official opposition
would not want to
give the wrong impression to Canadians, so when he
suggests that detaining will stop people from coming
undocumented, that is not the case with what's happened
in Australia. The evidence is absolutely clear. More
than that, you are jailing innocent women
and children who pose no security risk, punishing them
because they had to flee for their lives without any
identification and often resort to humanitarian
smuggling.
I have to tell you something, Mr. Chairman; I
stand absolutely and completely opposed to doing that.
If some people pose a risk to this country, I say
detain them and deport them as soon as possible. No
one will be tougher on those who pose a risk to our
society. But jailing innocent people—women
and children—without any evidence simply because
they show up not properly documented is not the
Canadian way.
The Chair: Thank you.
I'm going to ask the questioners and the people
answering the questions to keep it short. We have a
lot of people wanting to ask questions. The answers to
the questions are fine; the speeches are also fine; but
that's left for another place.
Mr. Mahoney and Ms. Neville will split the Liberals'
10 minutes. Go ahead.
Mr. Steve Mahoney (Mississauga West, Lib.):
Minister, the issue I hear
the opposition stating—I wrote down what he said—is
that they should be
detained and held until there is no security risk.
Could you just tell us, is that what happens
now?
Ms. Elinor Caplan: I've tried to be really clear,
but let me state again: If we have any evidence, upon
interview, that anyone poses a risk to Canada, we detain
them until we're satisfied they don't pose a risk
or until we're able to remove them. However, there are
regular detention reviews, because in this country we
have the rule of law, and we have to have evidence to
support our concern.
Mr. Chairman, it's very important for people around
this committee to understand that we have the authority
and we do detain whenever we have evidence they pose a
risk, or we don't know who they are, or are concerned
they're not going to show up.
Mr. Steve Mahoney: It's very important that we
nail that point down. We cannot satisfy ourselves as
to their identify; and/or we feel there is a security
risk; and/or we believe there is a flight risk—in
other words, they may not show for a hearing to
determine their eligibility to be a legitimate
convention refugee.
My understanding is we detain them under those
conditions, if any of those situations occur. They are then
allowed certain appeals within reasonable periods of
time, at which time it's up to the government to put forward
evidence—
Ms. Elinor Caplan: To make the case.
Mr. Steve Mahoney: —to substantiate their fears.
For instance, they are either uncooperative, which should be
reasonably easy to do—they won't tell us their name,
for starters—or they're a security or flight risk. Certainly
the onus should be on us, CSIS, the RCMP, whoever, to
put forth evidence. Surely to goodness no one is
suggesting we put people in jail without any evidence,
regardless of where they're from. I would hope they're
not, although maybe they are.
So we
already do all of these things. Our people at the
borders are in fact authorized to detain, and do
detain.
Ms. Elinor Caplan: In fact, you're correct, but
beyond that—
Mr. Steve Mahoney: What's the issue?
Ms. Elinor Caplan: —we have initiated intensified
security screening for everyone who arrives, whether
it's at a port of entry or inland, when they come in to
make a claim. But as I understand it, what the leader
of the official opposition is proposing is automatic,
mandatory detention without evidence, or the
evidence being that someone shows up without documents.
• 1605
I repeat, where we have any concern that
someone is posing a risk, we have the authority to
detain, and we
do detain.
Mr. Steve Mahoney: I wonder if you might comment
on my final question as to how the confusion seems to
spread among the Canadian public and the American
public...even among senators, including Senator Clinton
in New York, or another senator—I forget where she was
from—holding up a document claiming we were some kind
of safe haven. When asked where she got her
information, she said it was news media clips. Very
accurate, I'm sure.
I wonder if you have any thoughts
as to how this kind of information spreads when it's
simply not the truth.
Ms. Elinor Caplan: Well, it is extremely
unfortunate, because it does give the wrong impression.
While everyone feels, I think, sick at heart about the events of
September 11, one of the amazing things that's happened
in the United States is a bipartisan approach and a
coming together. And there has been, here in Canada,
an attempt to blame Canada, and I think unfairly.
We know that all of the 19 hijackers had been in the
United States for quite some time.
So when we give
that wrong impression, the American media pick it
up, and Americans read it and think, gee,
if it's been
said by parliamentarians, and reported in the
news media.... They sometimes believe what they read and
regard it as accurate.
Then there's the myth that I think Commissioner
Zaccardelli exploded very well when he appeared before
a parliamentary committee. He said we should strike
the terminology “safe haven for terrorists” from our
lexicon, because it is simply not true. If we
stopped saying it, we would be doing all of Canada a
very big favour by finally telling the truth. I know
that came from a report many, many years ago. Many
actions have been taken and many departments have
worked together. For unfortunate partisan reasons,
I guess, Mr. Chairman, some have seen it as an
opportunity to tarnish Canada. And the results have
been appalling.
Mr. Steve Mahoney: So we should stop lying is
basically what you're saying.
Ms. Elinor Caplan: I think that's accurate.
Mr. Steve Mahoney: That's fair.
[Translation]
The Chair: Yvon Charbonneau.
Mr. Yvon Charbonneau (Anjou—Rivière-des-Prairies, Lib.):
Madam Minister, I want to take this opportunity to ask you a
question that often arises in debates and in the media, and that
some MPs had to deal with in managing their own files.
It is about the time that elapses between the final rejection
of an application for refugee or immigrant status and the expulsion
of the individual. This may sometimes take days, weeks or even
months. It is embarrassing when these cases are reported in the
media, but it is also embarrassing when they crop up in the
relations between us, the MPs, and the department. We do not know
exactly who is accountable.
What are your relations with the RCMP? How come the RCMP does
not take charge of these persons and does not expel them the very
next morning or immediately, when the application is denied? What
is going on? Why are we waiting for months and weeks?
[English]
Ms. Elinor Caplan: I want to thank you for that
question, because nobody is more frustrated than I am
with the
complexity of the existing system or how long it
takes. As I have said, the reason I brought
forward the new Immigration and Refugee Protection
Act,
with the streamlining of our procedures, is that I
believe it's in the interests of Canada to look at how
we're doing things today, and make it faster while
staying fair. I think we've done that with Bill C-11.
As you all know from studying the bill, in what's
existing today, even after there is a rejection as a
convention refugee, there are still many steps.
In fact, I think I can count four steps. Each of
those steps is subject to review by the Federal Court,
and it can take years before you finally get to the
point where someone is ready to be removed.
And then
do you know what happens? I get requests from members
of Parliament to consider on humanitarian and
compassionate grounds allowing individuals to stay,
because during that time they've gotten married;
they've had children; they've established in the
communities; or it's very difficult in some cases to
get travel documents.
• 1610
We want to speed up the procedure so that we can say yes, as
quickly as possible, to those people who are in genuine
need of our protection. But we also want to be able to
say no to those people who don't need our
protection and encourage
them to get on with their lives elsewhere quickly.
I do want to make one point. We do remove those
who are inadmissible to Canada as quickly as possible.
If they are criminals, if they pose security risks,
while the procedure today is cumbersome, we can bar
access to the refugee determination system. There's
such a thing as a security certificate and a danger
opinion. The new Immigration and Refugee Protection
Act streamlines that process as well.
In the case of people who are not in need of our
protection, and are not telling us the truth when they
ask for asylum, we want to streamline the procedure and
say no, and remove them quickly.
But for serious criminals—security threats—we are
also streamlining the security certificate procedure.
We're streamlining and denying access to the
Immigration Appeal Division, eliminating all the
steps and the numbers of judicial reviews, so we can
remove them more quickly.
Mr. Chairman, I am
as frustrated as anyone else about how long it takes
today. It takes just too long. I believe Bill
C-11 will give us the ability to remove and make these
determinations more quickly,
while still remaining fair and
meeting our charter obligations.
The Chair: Second round. We'll go to Art, and
then Madeleine, for five minutes.
Mr. Art Hanger (Calgary Northeast, Canadian
Alliance): Yes, thank you, Mr. Chairman.
Thank you, Minister, for coming before the committee.
I'm very interested in your words when you reflect on
the present Immigration Act and pretty much state that
it really can do the job as it sits right now. As far
as covering this whole issue of admissibility or
inadmissibility, the sections are in the act to be able
to cover all of that, I understand. So if a claimant
comes forward and lies to the immigration officers, and
they determine later on through their own sources that
this individual has done so, does that make him still
admissible? Does lying to the immigration officer make
him inadmissible?
Ms. Elinor Caplan: Yes.
Mr. Art Hanger: Okay, how many...?
Ms. Elinor Caplan: If someone has claimed status
by fraud or misrepresentation, their refugee status can
be vacated. If somebody attains permanent residence
status through fraud or misrepresentation—
Mr. Art Hanger: And these are all present
sections—
Ms. Elinor Caplan: —then their permanent
residence status can be revoked, or they can just be
deported.
Mr. Art Hanger: Right. And they—
The Chair: Madam Minister—
Ms. Elinor Caplan: He asked a question,
and I'm answering.
The Chair: Please keep it short.
Ms. Elinor Caplan: If someone obtains citizenship
through fraud and misrepresentation, while the process
is cumbersome, we also want to be able to take action.
However, I want to make the point, Mr. Chairman, that
the member is absolutely wrong when he says that I say
everything is fine.
Mr. Art Hanger: I never said that.
Ms. Elinor Caplan: The immigration and refugee
determination procedures we have in place today are far
too cumbersome and much too difficult. It takes too long
for us to be able to make determinations. I believe,
if we have
the information in advance that they're lying and
are inadmissible, we can deny them access more easily
to the refugee determination procedure.
The Chair: Thank you. You've answered the
question.
Art. Next.
Mr. Art Hanger: Yes.
Ms. Elinor Caplan: The new bill's a big
improvement.
Mr. Art Hanger: I would like to know what plans
the minister has, or is preparing to implement, in
cases where a person overseas applies for and is granted a
visitor's visa and then, after arrival here in Canada,
claims refugee status. What are you going to do to
stop that?
Ms. Elinor Caplan: In fact, the Geneva
Convention requires us—
Mr. Art Hanger: They're granted a visitor's visa,
and then they come over here and apply for refugee status.
Ms. Elinor Caplan: Canada and many countries of
the world, Mr. Chairman, signed the Geneva Convention.
We're proud to have signed that convention. It requires
us to give a fair hearing to anyone who comes to Canada
and asks for protection.
In fact it's a very serious thing, and we don't
prejudge it. We have an arm's-length Immigration and
Refugee Board that sorts out those who are in fact in
need of protection and those who are not.
If someone has applied overseas for a visitor's visa,
we would hope that if they are in need of protection
they would apply overseas, but we know that many
people who are genuine refugees are looking for a way
to come to Canada to ask for protection because they're
afraid.
Mr. Art Hanger: What are you going
to do to stop the ones who—
Ms. Elinor Caplan: So we don't prejudge why they
come here first and make a claim.
• 1615
The Chair: Thank you.
Art, I'm going to get back to you a little later.
When
you have three heavy hitters from the Alliance....
I went to Mr. Day, and should have gone to
Paul. So you get two, he gets one for his remaining
two-and-a-half minutes, and then we'll come back to you a
little later.
Go ahead.
Mr. Paul Forseth (New Westminster—Coquitlam—Burnaby,
Canadian Alliance): Thank you, Mr. Chairman.
Minister, how far along is the government in
negotiating with the U.S.A. that we won't give them any
refugees and they won't take any of ours—the trading
of refugees back and forth through the Canada-U.S.A.
border? It looks as if Canada is having somewhat of a
credibility problem, especially with Congress and even
with their border authorities. They don't really trust
us. So we now have the natural response—long lines at
our border. We're certainly concerned about it hurting
us economically. We need this bilateral deal. It
should be a very high priority. It would be a great
relief to our resources. Can you tell us how the
negotiations are going and what you can report on that
particular file?
The Chair: Good questions.
Ms. Elinor Caplan: First of all, Mr. Chairman,
comments and statements such as the ones the
honourable member
has just made create exactly the wrong impression for
Americans who may be reading the Hansard of this
committee. In fact, what you're referring to, I
believe, is a
bilateral “safe third” agreement. I'd be happy to
explain how that works, because I think there's some
misunderstanding about it.
The Geneva Convention permits countries to enter into
bilateral agreements where they don't trade
refugees, but where the rule is that
a person seeking asylum, a
refugee claimant,
leaves their country of origin, and, if there's a
bilateral agreement, is expected to make a claim in the
first safe country. If they leave that country and
come to another one, such as Canada, and we have an
agreement with the country they were first in, then we
can return them to that safe third country. There is
the country they left, the first one they went to, and
Canada—that's why it's called “safe third”.
Now, it can't be imposed unilaterally. It is
something that is permitted in the Geneva Convention.
In fact, the department a number of years ago attempted
to negotiate this with the United States. Frankly, at
that time, they weren't particularly interested for a
lot of reasons. There seems to be some interest now.
We are conducting discussions with them. But I want to
caution the member, because in Europe they have the
Dublin Agreement, where all the European Union
countries negotiated a safe third agreement. We're
watching that very carefully, because they're
having some serious problems with that agreement.
Not only do individuals make asylum claims at ports of
entry, they can also make those claims inland. There's
often difficulty figuring out, if you will, where the
person actually arrived from.
What happens with safe
third agreements is that you sometimes find more claims
being made inland rather than at the ports of entry,
and you waste a lot of time and energy trying to
figure out where they came from rather than getting on
with an expeditious hearing of their claim, and, if
they're not a genuine refugee, being able to remove
them.
The Chair: Thank you.
Ms. Elinor Caplan: So it's not the be-all and
end-all. That's the point I'm making.
The Chair: Thank you.
Madeleine.
[Translation]
Ms. Madeleine Dalphond-Guiral (Laval Centre, BQ): Thank you,
Mr. Chairman. First, I have two questions for you, and the chairman
will give me the floor again later on.
The first question is about Bill C-11, which is still before
the Senate and which will get royal assent in 2001 or in early
2002. My question is about the regulations. Madam Minister, given
that C-11 provides that the regulations must be tabled in the House
and referred to the committee, could you assure us that the
committee will have a reasonable amount of time to study the
regulations and that there will be no possibility of applying the
regulations before the committee has studied them?
I will get right down to my second question. This will give
people time to prepare the answer. A few weeks ago, you announced
that an identity card would be issued very soon, to replace the
long-standing document; this is something with which I personally
agree, as does my friend the Quebec minister.
• 1620
However I am very concerned about one thing. This worries me
even more because last week, I asked the Commissioner of CSIS what
information he wanted to see on the famous magnetic stripe, and he
responded very sweetly that he wanted as much as possible.
My question is clear, Madam Minister. I want to know whether
the information contained on the stripe will respect the Charter of
Rights and Freedoms, as well as privacy. In other words, as a
citizen who will have to have a card, will I agree with all the
information recorded on the stripe?
[English]
The Chair: Minister.
Ms. Elinor Caplan: First, thank you for the
question. It's a very good one.
Second, as a citizen, you won't be eligible to have a
card. You can have a citizenship card, but the maple
leaf card is for permanent residents, not for citizens.
I know there's some confusion about that, because my
mother asked me if she could have the card—she likes
the idea of the maple leaf card. I told her what I've
just told you.
It's a travel document to facilitate permanent
residents coming back into Canada and to identify them
as permanent residents of Canada when they're
travelling. If you're in Canada, you don't have to
have a card unless you want to leave and come back.
Your question, however, is a very good one about
what's going to be on the card. A number of security
features will be on the card. If the committee
wants in the future to have an opportunity to look at
the card in more depth, I certainly think it would be
something you'd find interesting.
At the present time, the intention is to have all the
information on the card that is currently on the Record
of Landing, called the IMM1000. It will,
however, be compatible with American technology.
Further, it will have the capacity for future
biometrics, which could be the prints of thumb, palm, or
eye. The technology is there to make the card as
tamper-proof and fraud-resistant as possible, but it
does have implications that I hope this committee and
others will discuss. With national security
issues, the challenge, Mr. Chairman and colleagues, is
the balance protection of national security and
protection of privacy rights.
We know that using biometrics sometimes enhances
personal privacy, because it identifies only you, and no
one is able to use your card. So it can be a very good
thing. I want to suggest to you that it's an important
debate to have so we understand why this can be in both
personal privacy interests as well as national security
interests. But I know a lot of people are concerned
about it.
With regard to the first question, on the
prepublication and the regs, I made a commitment to
this committee that the regulations would come before
the committee. We're working diligently now to prepare
them in anticipation of having the bill. As you know,
until the bill is passed by the Senate, we can't start
our official work. It's going to take some time to get
this done properly and correctly in accordance with
parliamentary procedures.
I'm hoping, Mr. Chairman, that this committee will
consider the regulations a priority. Until the
regulations are passed, we can't have the official
implementation of the package, and this is a fundamental
overhaul. It is the first time in 30 years that the
immigration and refugee protection systems in this
country will have been overhauled. We want to get it
right, but we want your input on regulations. We would
hope that you would have the foresight to start looking
at the papers that were tabled.
There were two papers. The second is the most
up-to-date, where we have been working on proposals for
future regulations. The more work in anticipation that
you can do, the better it will be for us in getting
your advice to ensure the regulations achieve the
policy objectives in Bill C-11.
The Chair: Minister, our work plan—had September
11 not occurred, of course—was going to be on the
regulations. As you know, with the discussions we had
with the public and with the officials, the regulations
become so much important with framework legislation.
We were given the concepts, or the general outline, of
what those regulations would be.
• 1625
In fact, we want to get on with the work of doing the
regulations so we can get them implemented as quickly
as possible and not wait. There was some concern about
actually implementing the
bill until May or June of next year. I think your
commitment is that the sooner we can get it done and
publicized, the earlier we can get on.
Judy.
Ms. Judy Wasylycia-Leis (Winnipeg North Centre, NDP):
Thank you, Mr. Chairperson.
Obviously the challenge before all of us today is to
find the right balance between security for people in
this country and maintaining some adherence to our
traditions with respect to open and humanitarian
immigration policies.
I am diametrically opposed, of
course, to the position being taken by the Alliance.
But I'm worried that in fact the pressure is on your
department, Madam Minister, to actually cater to some
of that kind of sentiment. Based on some of the
incidents we're starting to hear about with respect to
foreign students, based on hearing about detentions of
groups of people based on race or ethnicity, I'm
wondering in fact if we're in any way panicking in the
face of what happened on September 11. Are we
overreacting to the kind of sentiment being expressed
by the opposition leader and other members of
his party?
I specifically want to ask about some concerns that
have been raised about racial profiling, and if there`s
any evidence of front-end screening being done on the
basis of racial profiling.
I also want to ask about some of the new procedures
around front-end screening. As I understand it, there
are sort of three parts to that new procedure. One is
referral to CSIS, in terms of security. Another is a
check in terms of criminality. The third, as I
understand it, is for immigration officials to
interview on the basis of a refugee claim. That seems
to me to be contrary to tradition and to our normal way
of dealing with people coming into Canada. So I just
want to check on that.
Third, with respect to the safe third country issue,
legitimate concern has been expressed about this
proposition, also advanced by the Alliance members.
I'm a little concerned that we may also be going too
far down that path. I wonder—and I don't
have the documents in front of me—if in fact the
responsibility-sharing agreement with the United States
is in any way some attempt to cater to this sentiment
of denying refugees who come from a safe country.
The Chair: These are very important questions,
but you have only two minutes to answer them.
Ms. Elinor Caplan: Well, let me start
by going backwards. I believe there is some
merit in negotiating
a safe third agreement. What I am saying, however,
is that I don't think it's the be-all or end-all, or the
magic bullet. I do think that sometimes people choose
Canada because they have friends or family here.
At other times, the numbers of individuals
coming through the United States who are coming to
Canada and making claims would suggest that a
safe third agreement would be beneficial. In fact, it would
be beneficial potentially to both countries, because
there are a number of people going to the United States
who we would take back in Canada. Perhaps that safe
third agreement would act as a deterrent to people who
could apply from outside Canada to come as refugees.
So I'm not saying no to a safe third agreement. I
just think you should understand it, and that it is not
a quick fix.
The second question you asked was what CIC's role
is going to be. Citizenship and Immigration Canada
does not assess the claims. That is left to the
Immigration and Refugee Board. We do have the
responsibility to assess eligibility and admissibility.
That's why Bill C-11 gives us the authority, which we
don't have now, to not give someone access—we call it “claw
it back”—to the IRB if they
are inadmissible.
And the Geneva Convention has an exclusion clause.
At the
present time, under the existing legislation, we can't
deny anyone access to the IRB unless we can really
prove that they are a serious criminal or a serious
security threat. That's very long and cumbersome.
Under Bill C-11, if someone is inadmissible, we'll be
able to deny them eligibility.
The 72 hours has been
misunderstood; we don't have to do it within 72 hours.
We can do it right up until the time they have
their hearing of determination at the IRB.
Even after
that, if we find that they have, through fraud or
misrepresentation, made a claim, and they are
ineligible, we can move to vacate that claim.
• 1630
That's why I say Bill C-11 gives us new tools, but it
does not change my department's role. We still assess
eligibility and admissibility.
The first question you asked had to do with screening
and the issue of profiles. We give instructions to our
officers based on advice from CSIS, the RCMP, the FBI,
and others. It's unfortunate that some of that
information has been on the front page of the
newspaper, because in fact it then makes their job more
difficult. But when it comes to security screening, I
want to be very clear, Mr. Chairman and members of this
committee, that all refugee claimants are subject to
security screening, and all applicants to
come to Canada as permanent residents are subject to
security screening before they are given status in
Canada.
All immigrants to Canada and all refugee claimants at
our ports of entry or inland are subject to full
security screening. What we have been doing since
September 11 has been to intensify that, but even
before September 11 we took fingerprints, we took
photographs, and we ran the names through the
databases. But the full and intensive security
screening that we have begun to do now was being done
at the point at which permanent resident status was
applied for. We have moved that now to the front end
so that we can deny access to the IRB to those who are
inadmissible to Canada, and we want to remove them as
quickly as we can.
The Chair: Minister, what was your answer on
racial profiling?
Ms. Elinor Caplan: I said all claimants are
security screened.
The Chair: So you're saying there's no racial
profiling.
Ms. Elinor Caplan: I'll repeat what I said. We do
give instructions to our officers based on intelligence
information, and that information is given to
professional immigration officers, who then use their
judgment when it comes to not just refugee claimants,
but anyone who comes to a port of entry in Canada
seeking admission to Canada. It's not just refugee
claimants that the immigration officers have the
authority to detain if they have a concern that the
person poses a security threat.
The Chair: Okay.
Inky—I'm being so generous to the opposition, as the
Liberal chair.
Mr. Inky Mark (Dauphin—Swan River, PC/DR): Thank
you, Mr. Chair.
First, let me thank the minister and the department
for coming here today. What we're debating or
discussing today has been well studied by this
committee over the last couple of years.
Unfortunately, it takes a major event to bring these
back to the forefront.
Let me say, as the Coalition representative, we
certainly support an open immigration system and don't
support locking up people who come to our borders.
Unfortunately, the press and the media always key in on
the negative, and I think it probably does a greater
disservice to the immigrants to this country than it
does anyone else, including myself. So I'm quite aware
of that.
At the same time, I'm also aware that the system has
many holes that need to be plugged. We've discussed
many of these holes at this committee, including the
refugee determination system. I think
Canadians are looking for reliability and dependability
so that the system can assure them that potential
terrorists and criminals don't come into this country,
but the reality is that terrorists and potential
criminals could come into Canada as students,
as refugee claimants, as legitimate refugees, and as
visitors. I know we're looking at a very small
number, probably less than 0.5%. So there is a
huge challenge trying to find these rotten apples in
the barrel that ruin the whole barrel.
Here is my question to the minister. Through this
summer I've asked, through Access to Information,
for the number of ministerial permits that were issued
in the year 2000. Almost 4,000 were issued by the
minister. I also asked for a breakdown, but they
refused me on that count. So I would ask you, what is
the breakdown on 4,000 permits that you signed for
those who otherwise would be inadmissible to this
country?
Ms. Elinor Caplan: Let me answer the first
question that was asked. The one thing that has not
changed since September 11 is the demographics in
Canada.
We are still getting older, we are still
experiencing skill shortages, and we are still seeing
the lowest birth rates ever.
• 1635
Immigration is accounting for 75% of our labour market
workforce growth today. By the year 2011, which is
just a few years away, 100% of our labour market growth
will be because of immigration; and 20 years after
that, all of our population growth will be because of
immigration. This is a country that was built by
immigration and whose future prosperity is reliant on
immigration if we're going to have the people to
support our social programs and buy our houses when
we're ready to retire.
I think it's extremely important that we understand
that the events of September 11 were a failure of the
intelligence networks worldwide and that all the
countries of the world are determined to do whatever
they can to share intelligence so that we will not see
those kinds of horrific events.
In regard to your question on the minister's permit, my
officials tell me that I signed about 380 permits.
There are the permits that are given at the ports of
entry, delegated authority to immigration officers.
Most permits are issued for technical reasons, such as
early admission because someone doesn't have a visa,
and a minister's permit is issued at the border.
Another reason—and this is something that does
happen—is that our laws are tougher in many ways
than the U.S. laws. In one area, you are inadmissible
to Canada if you have a drunk-driving charge. Driving
while under the influence is a criminal offence, and
that means you are inadmissible to Canada.
Sometimes people who did stupid things when they were
teenagers and have had a completely clean record for
five or ten years show up at the border. They're a
truck driver, or they want to come into Canada as a
visitor. They come to our officials and say, yes, I
have a criminal record, and I'm inadmissible, but I
have a completely clean record and I'm a law-abiding
citizen now; I did something really stupid when I was
young, many years ago. That person will be issued a
minister's permit.
That's the sort of thing the officials will do at
the border.
By the way, in Bill C-11 we've said, to
streamline that, for a minor offence, after 10 years
with a clean record, you will no longer be inadmissible
to Canada. That's fair.
Mr. Inky Mark: Canadians are alarmed to hear
numbers like 27,000 warrants having been issued for
deportation. I know how this comes about, but what is
the department doing about these huge numbers?
Ms. Elinor Caplan: I share the concern
that has been raised that there are all kinds of people
who may pose a risk, but in fact that's not the
reality.
There are three kinds of deportation. There's the
serious criminal or the person who poses a security
risk, who we actually not only take to the border but
escort either on an airplane or to the country where
the deportation is taking place.
The second is the individual who is a criminal. They
may not be a serious or violent kind of criminal who we
actually have to escort all the way home, but we escort
them as far as the airplane and make sure they get on
the plane and leave.
Then there's the third variety, the garden variety of
visitor visa overstay, the student, perhaps from the
United States, or France, or Europe, who comes and
overstays. They get picked up and are given a
deportation order. They're given 30 days to leave, and
most of them do.
You have the failed refugee claimant who has had a
full security screening. They're waiting, we finally
get travel documents, and they report in. They don't
want the indignity of being deported, so they leave
voluntarily. We don't have exit controls. We're
worried about people coming into the country. We don't
stop them when they're leaving. They don't check in,
because if they check in, that gives effect to their
deportation order and they don't want that stain on
their record.
We believe the majority of them have left.
• 1640
By the way, it's really interesting, because in the
United States, as you know, with all the problems on
their southern border with Mexico, the estimates of the
number of people living underground in the United
States are in the millions.
All western democracies share the same challenges of
removal. We also know that sometimes innocent people
come and overstay on a visitor visa or a student visa,
and sometimes failed refugee claimants don't leave on
the day they are supposed to. It's a challenge, but
it's important to know that these people do not
constitute a risk to Canada. By the way, some of those
unexecuted warrants are for people in jail who are
waiting until they have served their sentence before we
can take them to the airport and escort them home.
Mr. Jerry Pickard (Chatham—Kent Essex, Lib.): Mr.
Chairman.
The Chair: You have five minutes.
Mr. Jerry Pickard: Thank you very
much for attending, Madam Minister.
I think you've done a lot to explain some of the
problems we read about in the press, including
innuendoes or statements made that aren't quite in sync
with what is happening in reality.
You more than anyone else have contact with other
countries such as the United States, the United
Kingdom, and European countries, and you know what
practices and procedures are going on there. We
sometimes read comments from bureaucrats in the United
States, and, according to the latest articles I've read,
they've been very supportive of the cooperation between
Canada and the United States. They've been reassuring
to the effect that Canada is the safest country in the
world. When the Commissioner of the RCMP was here, he
assured us that was the case.
Are the types of steps and actions we are taking
consistent with those of other powers we deal with?
Are we more stringent in some areas, and if so, where
are our rules more stringent than those of others? I
would like you to assure Canadians that we don't just
send a lot of people out into the streets, that we do
protect the country. I think we need to make a
comparison as well between Canada's policies and those
of the United States and nations in Europe, who are our
closest allies, to demonstrate where we may have some
even stronger points.
Ms. Elinor Caplan: It's a really good question
you've asked. I can tell you that there are a number
of forums we work in where we share information. For
example, there's a forum called the Four Country
Conference, where the United States, Canada, the
United Kingdom, and Australia meet regularly, share
best practices, enter into information-sharing
agreements, and look at the different laws as to what
works, what doesn't work, what's effective, what's
ineffective, and what's cost-effective. Through that
sharing, not only do we develop better and greater
expertise, we're able to improve our practices.
We have the Metropolis Project, which is an
international research network. Canada was one of the
leaders in the establishment of that research network.
They provide us with evidence on which to base our
public policy. Because it's international and there are
conferences around the world where we share best
practices, we benefit enormously by learning about what
others are doing.
Canada is also considered a world leader with our ICO
network, the Immigration Control Officer Network
for staff posted overseas. We started that 12 years
ago. In fact, when I was in Paris a year and a half
ago, the Europeans were looking at our model and they
wanted to develop a network where, instead of having
every country having an immigration officer at every
port, we can share. We can share information, work
together, and train the airlines on what to look for in
the way of fraudulent documentation to stop improperly
documented people from getting on airplanes to come to
North America. That's the kind of work where we are
considered world leaders.
Let's look at war crimes. Successes with our war
crimes database and with the work we have done in the
war crimes unit within both my department and the
Ministry of Justice provide the kind of good news
you're not going to read about because it is good news.
That kind of expertise is the sort of thing we share
with our international partners.
Mr. Jerry Pickard: What you're saying is, Canada
has a record of traditionally being leaders in dealing
with terrorism and criminal activities and in trying to
sort out a system that's workable and affordable.
• 1645
Ms. Elinor Caplan: The one thing we know when
we're dealing with transnational organized crime and
the kind of terrible terrorist organizations that make
us all so concerned is that countries have to work
together. I mentioned a few minutes ago that it's
knowledge and intelligence that is needed. We have to
share. We've learned the importance of working
together and entering into information-sharing
agreements so that we can have not only
state-of-the-art technology and the very best
communications systems but also the knowledge we need to
prevent those terrible people from succeeding.
Mr. Jerry Pickard: I have one other question, Mr.
Chairman.
The Chair: Do it quickly.
Mr. Jerry Pickard: This has very specific
application to potentially bringing U.S. immigration
officers onto Canadian soil and Canadian officers onto
U.S. soil because of the concern that our structures
are so valuable and so accessible at this point, where
somebody can drive through and drop their quarter in to
get onto a bridge or through a tunnel, or can access
some very valuable transit routes. What is your view
and that of your department on securing those in other
ways, where we check people further back so that
dangerous people may be eliminated from actually
accessing those routes?
Ms. Elinor Caplan: Actually, I think it's a great
idea. We already have U.S. customs and preclearance
people at some of our major airports in Canada.
You mentioned doing it before they enter. The other
place we're doing it is overseas. Our visa posts have
what they call anti-fraud working groups. Not only do
we take a reasonable approach here in North America,
but we are looking at the opportunity to work with
like-minded countries and partners internationally to
identify routes and to identify, through
intelligence-sharing, criminal organizations and terrorist
organizations and individuals who might try to gain
access to North America.
We have to do more and we
have to do better, but it's not as though we haven't begun.
We have. We have those contacts. We're working very
cooperatively not only with our American neighbours but
also with other like-minded countries. We have to do
better if we're going to be able to stop the kind of
atrocity and terrible acts that we saw on September 11.
We have to redouble our efforts.
Mr. Jerry Pickard: Thank you, Mr. Chairman.
The Chair: Next is Paul, followed by Carolyn and Art.
Mrs. Carolyn Parrish (Mississauga Centre, Lib.):
Thank you very much, Mr. Chairman. I am a guest at
this committee, but I can never resist speaking. Nor
can I resist—
The Chair: I'm sorry, Carolyn, but Paul is next.
Mrs. Carolyn Parrish: Oh, I'm sorry. I thought
you said I was next. Forget the preamble.
Mr. Paul Forseth: I want to ask a supplementary to
the other question about the bilateral agreement with
the United States. I certainly think we need it. I'm
not creating an impression. Citizens can see what the
lineup is like for those trying to get down to the
United States. The borders are crammed, and there's a
lot of busyness around borders now. A large part of
the big lineups that are backing up into Canada is due
to the greater concern and scrutiny of the United
States authorities. That has to do with their lack of
trust with us.
So one of the ways of responding to
that is to get on with the bilateral agreement so that
refugees from Canada are not going down there and
refugees from the United States are not coming up here.
There'll be a tremendous relief to our resources so
that they then will be able to concentrate
on looking at backgrounds
and doing the other duties. I simply ask the
question, then, how are we doing on that file?
I'm very pleased to hear the minister say that she is
sympathetic or whatever to that type of agreement. But
I just say, how far have the negotiations on it gone?
Can we have some specifics about where we're going in
that regard? Could you perhaps give some advice to the
committee? I understand that the committee is going to
be going down to Washington, D.C. Perhaps our
committee can play a vital role in pushing that
agenda along.
Ms. Elinor Caplan: Mr. Chairman, let me make a
very important point. When you're visiting our ports
of entry, you will be struck by the very good working
relationship between Canada Customs and Canada Immigration
staff and their U.S. counterparts. We have the
highest level of a good, trusting, working relationship
with our neighbours to the south.
• 1650
But all the ports of entry are on the highest state of
alert. That's the reality. We are doing everything we
can to speed the movement of legitimate travellers
while still maintaining that high state of alert to
stop those who pose any kind of risk
from coming into Canada, the United States, or North
America.
With regard to the point you're making on the bilateral
agreement for a safe third, here's the reality.
More than 40% of refugee claimants to Canada come from
the United States. A very tiny percentage go from
Canada to the United States.
The reality is that we
are working with our neighbours and friends—
Mr. Paul Forseth: So we're the dumping ground?
Ms. Elinor Caplan: What's your question?
The Chair: Paul, let her answer the question.
Mr. Paul Forseth: I'm sorry, but I just want to get
this in.
Does that mean we're the dumping ground, then?
Is that what you're saying?
Ms. Elinor Caplan: No. What I'm saying to you is
that over 40% of the refugee claimants who come to
Canada come through the United States and make claims
at our ports of entry. Canada, in terms of
the total number of refugee
claimants we receive, is in fact not out of line
with other countries in Europe. In fact it's among the
lower numbers.
Let me see; I think the number in the United
States last year was about
130,000 claimants, or.... In Canada
last year it was
about 37,000 claimants.
Was that the U.S. number?
Last year there were 52,414 claimants into the United
States....
We'll get you those numbers.
Perhaps you should take a look at the numbers not only
for the U.S. but also for Europe. Many countries have
claims in excess of 70,000, 80,000, 90,000. A few years ago
Germany had 400,000 claims in one year. They're now
down to about 120,000 claims.
The reality is that there are more than 23 million refugees
worldwide who are desperate and in need of protection.
We can't take them all. Last year we had 35,000
claims. This year we're expecting in excess of
40,000 to 45,000 claims. Those numbers are consistent
with what
is happening around the world. That's the reality.
A safe third agreement is of interest to us,
obviously, given those numbers, but there are other
measures we are exploring as well.
We're
proud of our tradition of welcoming those in genuine
need of protection, so I resent this connotation of
dumping ground.
Mr. Paul Forseth: Okay.
You mentioned numbers. Perhaps in your
next major report to Parliament, the statutory
requirement, that report can contain a lot more of the
detailed numbers that you keep getting
requests for from the media and us. We can never seem
to get a numerical description of, really, what is the truth on
the ground.
Now, we should have no argument on what the
numbers are, but I would just make that plea in
general. The kinds of numbers that have come
from the department in the past really leave the media,
us, and the average citizen still in the dark
about the overall operations. Talk about—
Ms. Elinor Caplan: I would suggest, Mr. Chairman,
that any questions members of the committee—
The Chair: Excuse me, Minister, one moment.
Paul, you're new
to the committee, and so is Art. I can just tell you
that any time a question is asked with regard to the
performance report or anything about the department in
terms of numbers and everything else, if
you're not getting it from the department,
and you ask for it here, we will make sure you get it here.
Mr. Paul Forseth: Okay.
Ms. Elinor Caplan: And could you add that the
department has been very forthcoming?
The Chair: Oh, they have been very forthcoming.
It's just that Paul hasn't been here.
Mr. Paul Forseth: So I'll ask about some easy
numbers related to security. I say that we need
trained immigration officers and skilled people to
evaluate people. That's what the new protocol about
personal interviews is all about. But I understand
that not all border points have immigration officers.
I'm told that a large percentage do not have that
capacity at all.
Maybe you can tell me how many
border points we have and how many border points don't
have immigration capacity, and where they are.
I would just make the observation, doesn't
that leave us a little vulnerable?
The Chair: We were given those numbers this
morning. I think it's a skill-testing question for the
minister.
Ms. Elinor Caplan: I'm happy to answer.
There are
some 350 ports of entry in Canada. Canada Customs is
present at most of them.
As you know, they are empowered as
immigration officers, and act as the primary inspection
line. They refer to immigration only as a secondary
inspection.
• 1655
Immigration is present at 46 of our ports
of entry.
We have nine international airports, 33 land-border
crossings, and four seaports. Ports of entry are
currently staffed by 561 Citizenship and Immigration
staff, including 426 full-time immigration officers.
Canada Customs, however, has some 3,600 staff members at
these locations who are empowered to act as immigration
officers at the primary inspection line.
And that
doesn't count the almost 300 people
at our visa posts around the world, plus, of course, the
very fine locally engaged staff who assist the Canada-based
officers.
The Chair: Minister, it's amazing, but Elizabeth
gave us those same things.
Ms. Elinor Caplan: Well, what do you know.
The Chair: The members are going
to have that deck tomorrow morning in their office, so
we will all be singing, I think, from the same songbook.
Ms. Elinor Caplan: There is one thing, Mr.
Chairman, and that is, given the new resources—we had $9
million—we will be adding at least 100 additional
members to our ports of entry.
The Chair: Final question.
Mr. Paul Forseth: Just as a comment, you did also
say that we do have ports of entry where we
have neither customs officers nor immigration
officers. You also did say that, didn't you?
Ms. Elinor Caplan: No.
Mr. Paul Forseth: I thought I heard you say that.
Ms. Elinor Caplan: Again, I would caution the
member to not give out information that is going to
suggest something that—
The Chair: Well, let's clarify here; 46 out
of the 350 have Canada Immigration; the rest of them all have
Canada Customs people who in fact act also as immigration
agents.
Ms. Elinor Caplan: That's correct.
The Chair: So everybody's covered at
the 350.
Mr. Steve Mahoney: Which means there no
pile-ons left covering the
country.
The Chair: Right.
Mr. Steve Mahoney: Perfect—unlike the American
border.
The Chair: Carolyn.
Mrs. Carolyn Parrish: Thank you very much, Mr.
Chairman. I'm sorry I was out of sync earlier.
As you know, Madam Minister, we just had a huge
conference for NATO here in Ottawa.
Mr. Hanger
attended, and I'm sure he'll support the comments I'm
about to make.
Ambassador Cellucci, the Speaker of the House of
Representatives, Hastert, and Bereuter,
who's head of their delegation, all
complimented us on the fact that CSIS works with their
security agencies and that our immigration departments work
well together. He said he wasn't going to point
fingers at anybody, because their immigration needed
tightening as well as ours. One of the things he did
point out, after we shared some of Bill C-11 with
him, was that you were visionary.
I'm just passing that
on to you. He thinks our new bill is something that
they're going to be looking at rather closely in the
States.
Now, we often hear in the news that
people destroy their papers. They get on the plane
somewhere and in the process of coming over here
they destroy their papers. I've had some of those people come
into our office. They're very desperate people.
They're leaving a country where their lives are in
danger. They know they have forged papers, and they
are counselled to destroy those papers on the
plane because they will be subject to legal prosecution
here for
being in possession of false documents.
Can you please
explain to everybody, just so that I stop hearing about
this, that these people are not all criminals?
These people are actually following instructions given
to them by people who are trying to be helpful. Their
lives are in danger, and that's how they end up here
without papers.
Ms. Elinor Caplan: You're correct.
As I've said repeatedly, just because someone
shows up without documents it doesn't mean they pose
any kind of risk or are a criminal.
People come to our ports of entry, come to our inland
offices. They walk in, they ask for protection, they
tell their story. They are subject to an interview, and
if there are any concerns, they can be detained. But
if there are no concerns that they pose any security
risk, if there's no concern as to what their identity
is, or where they're from, or that they're going to show up
for hearings, because of course that's in their
interest, then we want them to be working and paying
taxes, not being a burden.
If they are in genuine need of protection, they're going
to be welcomed. They can get on with their lives in Canada
and help us to build this country. Many
people who came to Canada as refugees have been
enormously successful in helping us to not only build a
great country but also to be innovative and dynamic in our
economy, creating fabulous businesses and jobs and
so forth.
The Chair: Thank you.
Ms. Elinor Caplan: I would make one last point.
I want to say thank you to Ambassador
Cellucci. I did meet with him.
The Americans are very interested
in our Bill C-11. They've asked for a full briefing
and for all the information, particularly on our
approach to the refugee determination system and
procedures. They told me their system takes much
too long.
• 1700
The Chair: Well, we're going to do our part,
hopefully, when we're meeting with our counterparts. I
know, Carolyn, you did that with our NATO
partners, and I think that's important. We can always
share information and learn from one another about best
practices, I'm sure. The United States has some too,
and we can learn from them. Information-sharing is
important.
Madeleine, Steve, Inky, and Art, and then hopefully we
can wrap this up.
[Translation]
Ms. Madeleine Dalphond-Guiral: Thank you, Mr. Chairman.
Let me comment on what I would call the obsession of our
Alliance colleagues and their leader with the idea that all
undocumented refugees are criminals. Personally, I do not think so
and I am very concerned to see the official opposition repeatedly
insisting on this.
That being said, it does not mean that there is no problem.
Madam Minister, let me remind you of the situation of the two
Basques the newspapers are talking about, who came to Canada and
applied for refugee status. I think that their application has not
yet been heard, and in the meantime, Spain has asked for their
extradition. Spain has signed the Convention Against Torture, for
which I commend it. On the other hand, these young Basques maintain
that their confessions were obtained under torture.
Given these circumstances, I want to know whether Canada will
extradite them, since there are certainly agreements between Canada
and Spain, and if there is any concern about evaluating the risks
before sending them back. The Convention Against Torture may have
been signed, but sometimes despite that, some persons break the
rules. I can understand that. I would like to know what happens in
such cases. And then I will have another question.
Ms. Elinor Caplan: Thank you very much for your question.
[English]
It's very important that we not discuss individual
cases publicly for a number of good reasons. We don't
want to break the privacy laws, and we also don't want
to prejudge or prejudice the outcome of either
investigations or possible actions.
As you know, extradition is the responsibility of the
Minister of Justice and the Department of Justice.
Deportation is the responsibility of this department,
Citizenship and Immigration, and since you've asked
about extradition, I'm going to refer you to the
Minister of Justice. She can describe to you the
authorities and how the system works if you need
additional information.
It is interesting that one of the issues that was
raised was whether there are countries signatory to the
Geneva Convention we should exclude claims from. In
fact, the Geneva Convention does not permit exclusion
simply on the basis of whether a country has signed the
Geneva Convention.
Secondly, I would point out that if we are concerned
about security threats and terrorists, it is
unfortunately the refugee-producing countries that are
often the breeding grounds for the terrorist
organizations. It's important not to prejudge, and I
speak generally, not specifically, to any cases.
The Chair: Madeleine, ask your final question,
please.
[Translation]
Ms. Madeleine Dalphond-Guiral: My other question is about what
we have heard recently, in connection with the Ahmed Ressam case.
In Montreal, there might be a dozen Algerian terrorists affiliated
with Bin Laden. When this identified group arrived in Canada, and
some of them even returned to Algeria with the blessing of the
RCMP, was there any specific factor that allowed this to happen,
that allowed a dozen terrorists to settle peacefully in Montreal,
although they could just as well have chosen in Toronto or anywhere
else?
• 1705
[English]
Ms. Elinor Caplan: I mean this very respectfully:
We are parliamentarians, we are not detectives. We
must leave the detective work to the experts, and we
must not do anything to interfere with their
investigations.
While we may be curious or even
titillated by what we read in the newspaper, we
shouldn't believe everything we read. If the FBI says
no comment, and the RCMP says no comment, then you're
not going to be surprised when I say—
Ms. Madeleine Dalphond-Guiral: No
comment.
Ms. Elinor Caplan: Yes.
The Chair: Steve.
Mr. Steve Mahoney: It strikes me that there were
terrorists living all over Florida and other places for
many years.
I wonder if you could comment on this. I know you've taken a
number of trips, Minister, and some of them I've gone
on, to London, to Nairobi, Moscow, and other places, to
actually see first-hand how it works. I hope our
critics, particularly from the official opposition, will
take up your invitation to go and see it, because some
in the past have not done so for their own reasons, and
have refused to go.
The Chair: Obviously, this is just to
review the—
Mr. Steve Mahoney: On some of the trips it's
been gruelling work, but it's extremely eye-opening to see
what goes on around the world.
I have to tell you, when I came to this place I was
very concerned about undocumented people arriving on
our shores. As a former municipal politician some
years ago, I was always concerned about the cost, etc.
What I've learned about that system as a result of
being on this committee for almost five years, and
having the opportunity to visit some of our foreign and
domestic posts, has been a real eye-opener.
There have been some suggestions made as to what we
could do. People make them, and phone you about
how you can deal with this issue of the undocumented.
But I heard a couple this morning that, frankly, I'd
like your reaction to.
One of them was exit inspections of all passengers.
Anyone who is not a Canadian citizen
who gets off a plane that lands in our country
from anywhere has to
somehow go through an exit inspection so that we know
who came off what plane.
The other one that I found most bizarre was
something I hadn't heard before, called “pouching”. I
don't know if you've ever heard of this. When
a person gets on the plane in
Heathrow and they have a document, they put it in a
pouch and hand it to the airline staff, who then
give it to them when they de-plane. That way they can't
flush it down the toilet. The suggestion was made in
this committee this morning that this could be done to
anyone who is not a Canadian citizen.
I was wondering whether you think Americans, British, French,
Germans, and a lot of other folks might get a little upset
at having their documentation pouched, if you will,
every time they get on a plane as they travel around
the world on business.
My third question has to do with visa
requirements in this country. Are we more or less
restrictive than is the United States in dealing with
countries that require a visa to come here?
The Chair: Minister, could you respond quickly.
Ms. Elinor Caplan: I'll try to be quick.
We do
disembarkation checks now, based usually on intelligence
information or spot checks on certain routes. And if
you have ever experienced it, or if you've had a
constituent who has experienced it, you've probably had
a complaint to your office, because it does cause delays
and people really don't like it. But we do it, and we
do it now. We don't do it on every flight; we do it
where we have information or where we're doing a spot
check.
On the issue of airlines, airlines now are responsible
and actually financially responsible. If someone gets
off their flight without documentation, they are
required to pay. It's a serious expenditure for the
airlines. I can get you the exact details on costs,
but the airlines or shipping companies are responsible
to ensure that people have documents when they get on,
and if we know what flight they came off, the airline is
held responsible.
• 1710
On the question of “pouching”, it's the first time
I've heard that expression. It is possible to do, and
if this committee wanted to give me their advice and
recommendations, I certainly would be interested to
hear what you have to say. I'm not sure that
there's any quick or simple solution, but certainly
there are a number of ideas and suggestions I've
heard floating around.
As well, on the question on visas, there's a couple of
good examples. I used one this morning. Canada imposes
a visa on Argentina. The United States does not. They
don't think they have a problem. We have a problem.
Argentina is a democracy. We have a lot of refugee
claimants coming from Argentina, and very few of them are
successful. We would like the United States to look at
their visa policy, because what's happening is that the
Argentinians are flying in to the United States, without
a visa, and making a claim at our port of entry. So the
Americans are looking at that as we look at visa
convergence in discussions with them.
Another example is that the United States has a visa on
Mexico, because they have a big problem on their
southern border. We don't have a visa on Mexico and
there's absolutely no problem. Mexicans who come to
Canada do not try to go into the United States
illegally. There's no problem with Mexicans. They
come to Canada, they go back to Mexico. There's a lot
of business and trade. Those are two examples.
However, there are other areas where we do look at the
reasons for imposing visas. We have some small
countries that, you might say, sell their passports.
They have economic citizenship programs. Both the
United States and Canada, and other countries, are very
concerned about that. We look at visa imposition when
we think there's a country that should not be a
refugee-producing country and we have people coming and
making refugee claims. We review that all the time. We
have ongoing discussions with the Americans,
particularly as we look at our regional approach.
I would say that sometimes there are different policy
objectives, or they have a problem and we don't; and we
have a problem and they do. We have to
work very closely together to make sure that our
policies understand the problems of our neighbours and
that, if it's possible for us to respond, we do. The
important thing is that we have those discussions, and
we do have them.
The Chair: Thank you.
Inky, you have one question, please.
Mr. Inky Mark: Thank you.
This question follows up on the questioning of the
RCMP commissioner, who was here. There are two areas I
believe need to be addressed. One is the refugee cases
that have been denied by the IRB. As you know, the
Auditor General indicated that awfully high numbers of
people get lost in the woodwork and end up staying in
Canada.
The other one is refugee claimants who don't show up,
or don't return with their forms filled out. In other
words, what is the follow-up in the department in terms
of ensuring that these people are apprehended and
deported?
Ms. Elinor Caplan: This is where I think Bill
C-11 is very important. On your first question,
however, there are priorities for removal. The first
priority for removal is criminality. We pursue
criminals vigorously. Last year we had 8,636 removals. Over
1,700 of them were people who were criminally
inadmissible to Canada; they had committed a
crime either before they got here or after they arrived, and
they were out of here in a snap. Last year it was 1,700.
The others, the second priority for removal, are
failed refugee claimants who are on social assistance.
We're working with the provinces so that we can
identify those individuals who are not eligible to
stay. They're not eligible for social assistance, and
we want to be able to remove them as quickly as
possible. There we get travel documents as quickly
as we can, and they are removed.
The third is failed refugee claimants in general, and the
fourth priority are other over-stays. And I told you about
the three streams of removals.
On your second question, which related to....
Mr. Inky Mark: Applicants who just don't show up
with the forms filled out.
• 1715
Ms. Elinor Caplan: Actually, you were
referring to withdrawn and abandoned claims,
people who don't show up.
Under Bill C-11, we will stop
an abuse called, I believe, the “revolving door”, where you
withdraw your claim and then you come back and make
another claim. Bill C-11 says one chance at the IRB.
If you withdraw, you cannot make another claim to the
IRB. You can come to Canada and ask for protection, but
the pre-removal risk assessment is where your case will
be considered.
So you have one opportunity under Bill
C-11 to have the refugee determination procedure. We
think that will be a great deterrent to people who come
here, withdraw or abandon their claim, and then want to
come back and make a second attempt.
Mr. Inky Mark: Why would they do that if they know
you're going to boot them out? If they don't show up
with the forms filled out and make the claim—
Ms. Elinor Caplan: You'd be surprised; there
are people who withdraw or abandon their claim and then
come back again. Similarly, there are people who are
refused. There are repeat claims. Right now the
legislation permits someone to make a repeat claim
in Canada after 90 days. We're changing that. If you
are denied refugee status, under Bill C-11, you will
not be eligible to go to the IRB a second time.
Instead, you'll have your case reviewed to see if you
are at risk under a pre-removal risk assessment. If
you're not at risk, it's a very short procedure: you're going
to be removed.
The Chair: Art, one question.
Mr. Art Hanger: Thank you, Mr. Chairman.
I'm curious about something you mentioned in
your presentation, Madam Minister, where you said
they will lose their appeal right; simply put, the new
bill will allow us to remove these people faster.
That's basically what your comment was right here. I'm
very much aware, as you probably are, that there are
countries that will not provide travel documents for
people who are on the deportation or removal list.
One country that is very difficult, I am told, for
removing people to is Vietnam, although there is some
sort of an agreement between Canada and Vietnam to
remove individuals. However, I'm told that those of
ethnic Chinese origin, even though they may be coming
from Vietnam, are not accepted back by that country.
If this is the case, how do you plan on dealing
with that matter?
The other matter is the one
dealing with the Algerians. I'm told again, and I'm
going to go directly to you, Madam Minister, since I
understand this directive came from you, that no one
who is of Algerian background is to be removed from
this country. Is that correct?
Ms. Elinor Caplan: No, and I'm happy to clarify.
Notwithstanding the fact that we do have a list of
countries that we do not generally remove to, if
someone poses a security risk or if they are criminally
inadmissible to Canada, we do remove them even if the
country is on that list. If we have evidence—
The Chair: Excuse me, why would those countries be
on that list? I think it would be good for the
committee and perhaps people to know why such a list
exists.
Ms. Elinor Caplan: I think that's a very good
question, and again I think it's something the
committee might want to take a look at. We have a list
of countries where, because of the situation in the
country—a state of war, for example, where people would
be at risk—we do not remove to that country until the
country is more stable or at peace.
We've just put in place a new process within the
department to review how you get on the list and how
you get off the list. That's in order to watch and see
what the situation is around the world so that when we
remove people, we fulfil our international obligation
on refoulement, which means we will not remove
someone to place them in harm. That's an international
obligation we take seriously.
That said, there is an exclusion from that
obligation for those who are inadmissible because of
criminality or because they pose a security risk,
terrorist and otherwise. As you know, there are some
very high-profile cases in the courts where we are
trying to remove individuals who are claiming they are
at risk.
The Chair: Mr. Hanger, I'm going to allow you a supplement.
• 1720
Ms. Elinor Caplan: The last point I want to make
is on Vietnam. I did discuss, when I was in Vietnam
with the Vietnamese government, the issue of removals.
We have an agreement with them. There have been some
problems on some occasions. We discussed, quite
bluntly, that there is a visitor visa requirement for
that country, as there are for many countries, and that
if we have difficulty in removing, we are that much
tougher, and the higher is the refusal rate in issuing
visitors' visas.
So it's important for countries to work together.
The Chair: The committee should consider
sending Art Hanger to further investigate this matter,
upon further deliberation.
Ms. Elinor Caplan: But it's important for you to
know that these are exactly the kinds of issues I
discuss with my counterparts when I visit our visa
offices internationally. I not only meet with our
staff, who do such a great job on behalf of Canada, but
I also take the opportunity to discuss exactly these kinds
of issues with countries. They have an
obligation to take their nationals back, just as Canada
has an obligation to bring Canadians home.
The Chair: So far, Art, I have you on one-way tickets to
Russia and Vietnam.
Mr. Art Hanger: I don't think I need to go that
far, actually, but I'd be more than happy to look into
this matter further.
I have a final question for the minister.
I have learned that there are more than 7,500 Algerian
refugee claims that are outstanding. No decision has
been reached. A great number of them have gone
underground and have no intention of showing up for
the hearings.
At the same time, an additional 3,000 are
roaming the streets with no
status and no background criminal checks. They're
commonly known as “stateless”.
Ms. Elinor Caplan: I'd ask you to table the
documents you have. I haven't seen any of that
evidence.
I would also suggest that the Immigration and
Refugee Board is an independent body. If you have any
information, if they've given you information, I'd be
pleased to receive it. I haven't received it.
The Chair: Well, we do have the IRB. I think
specifically, though, to the question....
I wonder if you would just repeat
the question.
Mr. Art Hanger: This is a
very legitimate question that has been—
Ms. Elinor Caplan: No, I'd like you to present the
evidence. I haven't seen that evidence.
Mr. Art Hanger: I'm not saying I'm going to
necessarily produce the evidence. I'm making a
statement, and saying that this is what I have learned.
Ms. Elinor Caplan: Well, I'd like you to share
with us the evidence.
Mr. Art Hanger: I'm just asking if it's true.
Ms. Elinor Caplan: I don't think it's true.
Mr. Art Hanger: But it could be?
Ms. Elinor Caplan: I'd like you to produce
the evidence.
Mr. Art Hanger: But it could be? Or you don't think
it's true.
Ms. Elinor Caplan: I have no evidence to
suggest that what you've just said is true. If you have
evidence, please produce it.
Mr. Art Hanger: Okay.
The Chair: And the committee would be happy to receive
it.
We're just about done, Minister, but if I may,
the
chair would like to ask a couple of questions.
This morning we had a very good briefing
from some of your officials with regard to security at
the borders. Obviously, that's what we're doing next
week.
A concept was put forward. As you
know, Canada, like the United States...and perhaps the
figures bear this out. At 350 border points, the
majority of them are covered by Canada Customs people
and 48 are covered by Canada Immigration people, probably
where there is the most traffic. Some of
those customs people have to take on the dual duty of
not only being customs officers but also interviewing,
or at least asking the very important
questions.
It would seem to me that in Canada and the United
States, customs and goods become that much more
important than people. In other words, I suggested
that perhaps we shouldn't use this, but the
priority seems to be customs on the front lines,
and immigration is the secondary line of defence, so to
speak. Even at our borders now, people go to
see customs officers first, and then they get asked
questions of immigration. As you indicated in your
speech, customs officials refer people of question to
your immigration people.
Now, in Europe, where there is a customs union, and
in other countries, immigration becomes
perhaps more important than customs.
This gets me to this whole question I want you
or your officials to comment on. I think there's
a determination on our part as a committee. I think we
did it on Bill C-11, and perhaps post-September 11.
• 1725
There's no doubt that pre-screening, interdiction,
enforcement...and based on some of the questions that have
been raised by all of my colleagues at this table, all
refer to making sure that we have as foolproof a
system as we possibly can.
How many resources are you going to need? I know
you'd like Paul to give you as much money as possible—
Ms. Elinor Caplan: You just answered the
question.
The Chair: No, I know you did get some, but
honestly, in order to do the new job for Bill C-11,
there are some high-technology requirements. I want to make
sure, to tell you the truth, that I have immigration
people at all of those borders. It's not that I don't
trust customs people. They're doing a very good job
for us. I heard that this morning, and I'll probably
hear it again.
How many resources is it going to take overseas,
at our borders, and in technology, to make sure our
system, as we want it, works as best as possible?
I know in 1993, 1994, and 1995 there were
cutbacks. You've gotten some of that money back, but
in light of September 11, and in light of Bill C-11, how
much more in resources do you need? As a committee, we'd like
very much to be able tell the Government of Canada
how much money immigration really needs in order to do
its job to the best possible degree.
Ms. Elinor Caplan: Let me make a comment on the
first point you made and finish up with the last
request.
Customs officers are very important partners with
Citizenship and Immigration. Customs officers are
trained in immigration matters and procedures. In
fact, they act as immigration officers.
There are some places where we are trying some pilot
projects with the Americans, in fact, where their
immigration officers on the front line and our
customs officers are working very closely. There are
some joint facilities that we've been piloting.
We also have some pilot projects where, to speed access
to Canada, we have customs and immigration officers
together. We're also looking at some innovative
approaches at some of our airports. So we're trying
out some new things.
But you should know that customs officers who act as
immigration officers are not only trained; they also
have
access to our FOSS system, which gives them the data
they need and the chance to do a check to see
if there's anyone of concern in our databases.
So when you suggest customs, please don't for a minute
assume they don't have the training or access to
the tools they need.
The Chair: No, I didn't assume that. I'm
talking people, human resources.
Ms. Elinor Caplan: Right.
So it's a
partnership, customs and immigration working
together in partnership.
On the issue of resources, with the approval of Bill
C-11 we received $139 million. As a result of recent
announcements, we received an additional $49 million.
I was asked a very similar question at the Senate
hearings, to which I answered that
I can't imagine any minister of
the Crown coming before a standing committee of
Parliament and saying “I have all the money and
resources I need, I don't need anything more”.
I've never heard a minister say that, and
I'm not going to be the first.
The Chair: So how much more money do you need?
Ms. Elinor Caplan: To be honest, we've been given
some substantial resources to implement the bill.
We've been given additional resources, in light of the
events of September 11, to fast-track the permanent
resident maple leaf card, and also to put in place
additional human resources at our ports of entry.
As we implement the bill and identify additional
needs, we'll be making the appropriate representations.
I believe the Government of Canada is committed
to giving us the resources we need to do our job
as best we can.
The Chair: I'd like to tell you, Minister, that as
we continue next week, and with our meetings in
Washington, in addition, I would hope.... We'll learn
an awful lot, I think, from the border
security points and in Washington, as well as
from our discussions on the regulations.
We
want to take this opportunity to invite you and your
officials back again, because I'm sure we will have an awful
lot more. We'll want to discuss a lot
more how much in human and technology resources you in
fact need.
On the enforcement end, I
don't know who's on the front lines of enforcement, but
I'm sure it's the RCMP. I know the questions relate.
But when immigration officers in my
community have to be both intake and enforcement
officers...and to make sure that those who are supposed to
leave the country don't, and those who are supposed to
be deported don't, obviously that raises a whole bunch of
questions as to whether or not our system is working
and the country is secure.
• 1730
Ms. Elinor Caplan: Mr. Chair and colleagues—
The Chair: I think we believe it is, but also I think
there needs to be a lot more discussion on that end.
Ms. Elinor Caplan: I'd like to just say one last
thing on the issue of resources. When
you consider resources, it's not just immigration you
should be looking at. Our partners, the RCMP and CSIS,
who have also received very significant additional
resources, help us to do our work. They do the
security screening for us, for both the immigration and
the refugee determination systems. It's not only in
Canada, it's overseas as well. Our partners at the
RCMP and at CSIS are the front line on criminality and
security screening. We have expertise within our
department as a partner, but we rely on them. In fact,
we contract with both the RCMP and CSIS to do all
criminality and security checks for immigration
applications as well as for those who come to us and
make refugee claims.
It's also important to know that we're not talking
just about our ports of entry here in Canada. As you
rightly pointed out, Mr. Chairman, all the visa posts
overseas maintain security and help to bring to Canada
those good, honest, hard-working people who are going
to help us build our country. We have our overseas
network of dedicated immigration officers in our visa
posts as well as immigration control officers who do
important interdiction work, stopping certain people
from coming. As you've just said, they are part of the
whole picture of my department as it works with its
partners to meet our dual mandate. It's a matter of
keeping out the bad guys and gals and bringing in the
people we need, just as we've needed them in the past
and are going to need them to ensure future prosperity.
The Chair: Thank you, Minister, and Michel and Joan,
your officials.
To the committee, I guess we're all going different
ways next week, some of us to the west and some of us
to the east, to find those border points. When we come
back, we'll compare notes, and hopefully we will have
some answers for when we go to Washington. I know the
clerk is just trying to finalize when that might be,
taking into account that the situation in Washington is
still in a state of flux.
Thank you all very much.
Meeting is adjourned.