The Standing Committee on Citizenship and Immigration met at 9:06 a.m. this day, in Room 209, West Block, the Chair, David Tilson, presiding.

Olivia Chow moved, — That Vote 1b under CITIZENSHIP AND IMMIGRATION of the Supplementary Estimates (B) 2008-2009: referred to the Committee on Thursday, January 29, 2009, be reduced to zero.

RULING BY THE CHAIR

The Chair ruled the motion out of order because, pursuant to Order made Wednesday, February 11, 2009, the Supplementary Estimates (B) were deemed reported to the House at 5 p.m. that day.

Whereupon, Olivia Chow appealed the ruling of the Chair.

It was agreed, — That the ruling of the Chair be sustained on the following recorded vote: YEAS: Maurizio Bevilacqua, Paul Calandra, Jean Dorion, Rick Dykstra, Nina Grewal, Alexandra Mendes, Devinder Shory, Thierry St-Cyr, Alice Wong — 9; NAYS: Olivia Chow — 1.

The Chair presented the First Report from the Subcommittee on Agenda and Procedure which read as follows:

In accordance with its mandate pursuant to Order made February 3, 2009, your Subcommittee has considered the question of the future business of the Committee.

The Subcommittee recommends that the Committee undertake the following work between now and the end of February:

On Tuesday, February 10, consideration of matters related to the business of the Committee, and of notices of motion;

On Thursday, February 12, hear the Minister on either the plans and priorities of the department, or on the Supplementary Estimates (B); and

On Tuesday, February 24, a briefing from departmental officials on the operations of the department in an informal meeting.

On motion of Rick Dykstra, it was agreed, — That the report be amended by adding “From February 26 to March 12, continue with unfinished business from the 39th Parliament, including the study on undocumented workers and temporary foreign workers and the study on Iraqi refugees”.

On motion of Maurizio Bevilacqua, it was agreed, — That the report, as amended, be concurred in.

The report, as amended, read as follows:

In accordance with its mandate pursuant to Order made February 3, 2009, your Subcommittee has considered the question of the future business of the Committee.

The Subcommittee recommends that the Committee undertake the following work:

On Tuesday, February 10, consideration of matters related to the business of the Committee, and of notices of motion;

On Thursday, February 12, hear the Minister on either the plans and priorities of the department, or on the Supplementary Estimates (B); and

On Tuesday, February 24, a briefing from departmental officials on the operations of the department in an informal meeting.

From February 26 to March 12, continue with unfinished business from the 39th Parliament, including the study on undocumented workers and temporary foreign workers and the study on Iraqi refugees.

Olivia Chow moved, — That the Standing Committee on Citizenship and Immigration reaffirm its previous position on spousal sponsorships in Canada and resubmit the following motion to Parliament: The Committee recommends that the government allow any applicant (unless they have serious criminality) who has filed their first in-Canada spousal or common law sponsorship application to be entitled to a temporary work permit and an automatic stay of removal until a decision is rendered on their application.

Debate arose thereon.

On motion of Alexandra Mendes, it was agreed, — That the motion be modified by adding after the words “common law sponsorship”, the words “permanent residency application”.

Alice Wong moved, — That the motion be amended by adding after the words, “to Parliament” the words, “and allow the government the opportunity to respond”.

Debate arose thereon.

Olivia Chow moved, — That the amendment be amended by adding after the words, “opportunity to respond” the words, “within calendar 30 days”.

After debate, the question was put on the subamendment of Olivia Chow and it was agreed to.

After debate, the question was put on the amendment of Alice Wong, as amended, and it was agreed to.

The question was put on the motion, as amended, and it was agreed to on the following recorded division: YEAS: Maurizio Bevilacqua, Olivia Chow, Jean Dorion, Jim Karygiannis, Alexandra Mendes, Thierry St-Cyr — 6; NAYS: Paul Calandra, Rick Dykstra, Nina Grewal, Devinder Shory, Alice Wong — 5.

The motion, as amended, read as follows:

That the Standing Committee on Citizenship and Immigration reaffirm its previous position on spousal sponsorships in Canada and resubmit the following motion to Parliament and allow the government the opportunity to respond within 30 calendar days: “ The Committee recommends that the government allow any applicant (unless they have serious criminality) who has filed their first in-Canada spousal or common law sponsorship application, accompanied by a permanent residency application, to be entitled to a temporary work permit and an automatic stay of removal until a decision is rendered on their application.”

Olivia Chow moved, — That the Standing Committee on Citizenship and Immigration reaffirm its previous position on Iraq war resisters and submit the following motion to Parliament: The Committee recommends that the government immediately implement a program to allow conscientious objectors and their immediate family members (partners and dependents), who have refused or left military service related to a war not sanctioned by the United Nations and do not have a criminal record, to apply for permanent resident status and remain in Canada; and that the government should immediately cease any removal or deportation actions that may have already commenced against such individuals.

Debate arose thereon.

Rick Dykstra moved, — That the motion be amended by adding after the words, “to Parliament” the words, “and allow the government the opportunity to respond within 30 calendar days”.

The question was put on the amendment and the result of the vote was announced: YEAS: 4; NAYS: 4.

Whereupon, the Chair voted in the affirmative.

Accordingly, the amendment was agreed to.

After debate, the question was put on the motion, as amended, and it was agreed to, by a show of hands: YEAS: 6; NAYS: 5.

The motion, as amended, read as follows:

That the Standing Committee on Citizenship and Immigration reaffirm its previous position on Iraq war resisters and submit the following motion to Parliament and allow the government the opportunity to respond within 30 calendar days: “ The Committee recommends that the government immediately implement a program to allow conscientious objectors and their immediate family members (partners and dependents), who have refused or left military service related to a war not sanctioned by the United Nations and do not have a criminal record, to apply for permanent resident status and remain in Canada; and that the government should immediately cease any removal or deportation actions that may have already commenced against such individuals.

The motion, as amended, read as follows:

That the Standing Committee on Citizenship and Immigration reaffirm its previous position on Iraq war resisters and submit the following motion to Parliament and allow the government the opportunity to respond within 30 calendar days: “ The Committee recommends that the government immediately implement a program to allow conscientious objectors and their immediate family members (partners and dependents), who have refused or left military service related to a war not sanctioned by the United Nations and do not have a criminal record, to apply for permanent resident status and remain in Canada; and that the government should immediately cease any removal or deportation actions that may have already commenced against such individuals.

By unanimous consent, on motion of Thierry St-Cyr, it was agreed, — That the Committee on Citizenship and Immigration denounce the decision of the Immigration and Refugee Board of Canada (IRB) to refuse to allow applicants who express the desire to do so to proceed in French before it; and that this motion be reported to the House at the first opportunity.

At 9:59 a.m., the Committee adjourned to the call of the Chair.