CIMM Committee Meeting

MINUTES OF PROCEEDINGS

Meeting No. 26

Wednesday, May 16, 2001

The Standing Committee on Citizenship and Immigration met at 3:36 p.m. this day, in Room 308, West Block, the Chair, Joe Fontana, presiding.

Members of the Committee present: Mark Assad, Madeleine Dalphond-Guiral, Joe Fontana, Gurmant Grewal, John Herron, Steve Mahoney, Inky Mark, John McCallum, Anita Neville, Jerry Pickard, Yolande Thibeault, Judy Wasylycia-Leis, Lynne Yelich.

Acting Members present: Mark Eyking for Jean Augustine, Rodger Cuzner for Gurbax Malhi, John Richardson for Anita Neville, Andy Savoy for Jean Augustine, Dominic LeBlanc for Gurbax Malhi.

In attendance: From the Library of Parliament: Jay Sinha, Researcher.

Witnesses: From the Citizenship and Immigration Canada: Joan Atkinson, Assistant Deputy Minister, Policy and Program Development; Daniel Therrien, General Counsel, Legal Services; Elizabeth Tromp, Director General, Enforcement Branch; Mark Davidson, Deputy Director, Economic Policy and Programs; Gerry Van Kessel, Director General, Refugees; Dick Graham, Acting Director, Legislative Review, Enforcement; Jennifer Lutfallah, Senior advisor, Asylum Refugees Branch.

Pursuant to its Order of Reference of Tuesday, February 27, 2001, the Committee resumed consideration of Bill C-11, An Act respecting immigration to Canada and the granting of refugee protection to persons who are displaced, persecuted or in danger (See Minutes of Proceedings, Thursday, March 1st, 2001, Meeting No. 2).

The Committee resumed Clause-by-Clause consideration of the Bill.

On Clause 55,

John Herron moved, -- That Bill C-11, in Clause 55, be amended

(a) by replacing lines 22 to 29 on page 25 with the following:

"55. (1) A Deputy Minister or senior immigration officer may issue a warrant for the arrest and detention of a foreign national where a port of entry examination or hearing before the Immigration Division is to be held, or a removal order or conditional removal order has been made with respect to the person, and who the Deputy Minister or the officer has reasonable grounds to believe is a danger to the public or would not appear for examination, an admissibility hearing or removal from Canada.

(2) A Deputy Minister or senior immigration officer may, without a warrant, arrest"

(b) by replacing lines 32 to 37 on page 25 with the following:

"(a) who the Deputy Minister or senior immigration officer has reasonable grounds to believe is a danger to the public or would not appear for examination, an admissibility hearing or removal from Canada; or

(b) if the Deputy Minister or senior immigration officer is not satisfied of the"

After debate, the question being put on the amendment, it was negatived.

Steve Mahoney moved, -- That Bill C-11, in Clause 55, be amended by replacing line 23 on page 25 with the following:

the arrest and detention of a permanent resident or a foreign national

After debate, the question being put on the amendment, it was adopted.

Steve Mahoney moved, -- That Bill C-11, in Clause 55, be amended by replacing lines 30 and 31 on page 25 with the following:

and detain a foreign national, other than a protected person,

After debate, the question being put on the amendment, it was adopted.

Steve Mahoney moved, -- That Bill C-11, in Clause 55, be amended by replacing lines 35 and 36 on page 25 with the following:

examination, an admissibility hearing, removal from Canada, or at a proceeding that could lead to the making of a removal order by the Minister under subsection 44(2); or

After debate, the question being put on the amendment, it was adopted.

Judy Wasylycia-Leis moved, -- That Bill C-11, in Clause 55, be amended by deleting lines 40 and 41 on page 25 and lines 1 to 6 on page 26.

After debate, the question being put on the amendment, it was negatived.

Steve Mahoney moved, -- That Bill C-11, in Clause 55, be amended

(a) by replacing line 40 on page 25 with the following:

(3) A permanent resident or a foreign national may, on entry into

(b) by replacing line 4 on page 26 with the following:

the permanent resident or the foreign national is inadmissible on

After debate, the question being put on the amendment, it was adopted.

Steve Mahoney moved, -- That Bill C-11, in Clause 55, be amended by replacing line 7 on page 26 with the following:

(4) If a permanent resident or a foreign national is taken into

After debate, the question being put on the amendment, it was adopted.

Judy Wasylycia-Leis moved, -- That Bill C-11, in Clause 55, be amended by adding after line 9 on page 26 the following:

"(5) An officer shall not detain a person who is not a Canadian citizen for a term of greater than six months."

After debate, the question being put on the amendment, it was negatived.

Clause 55, as amended, carried.

On Clause 56,

Steve Mahoney moved, -- That Bill C-11, in Clause 56, be amended by replacing line 11 on page 26 with the following:

detention of a permanent resident or a foreign national before the first

After debate, the question being put on the amendment, it was adopted.

Steve Mahoney moved, -- That Bill C-11, in Clause 56, be amended by replacing line 14 on page 26 with the following:

for the detention no longer exist. The officer may impose any conditions, including the payment of a deposit or the posting of a guarantee for compliance with the conditions, that the officer considers necessary.

After debate, the question being put on the amendment, it was adopted.

Clause 56, as amended, carried.

On Clause 57

Steve Mahoney moved, -- That Bill C-11, in Clause 57, be amended by replacing, in the English version, line 15 on page 26 with the following:

Review of detention

57. (1) Within 48 hours after a permanent resident or a foreign

After debate, the question being put on the amendment, it was adopted.

Steve Mahoney moved, -- That Bill C-11, in Clause 57, be amended by replacing line 27 on page 26 with the following:

an officer shall bring the permanent resident or the foreign national

After debate, the question being put on the amendment, it was adopted.

Clause 57, as amended, carried.

On Clause 58,

Steve Mahoney moved, -- That Bill C-11, in Clause 58, be amended

1. by replacing line 31 on page 26 with the following:

order the release of a permanent resident or a foreign national unless

(b) by replacing lines 43 and 44 on page 26 with the following:

(d) the Minister is of the opinion that the identity of the foreign national has not been, but may be, estab-

After debate, the question being put on the amendment, it was adopted.

Steve Mahoney moved, -- That Bill C-11, in Clause 58, be amended by replacing lines 36 and 37 on page 26 with the following:

tion, an admissibility hearing, removal from Canada, or at a proceeding that could lead to the making of a removal order by the Minister under subsection 44(2);

After debate, the question being put on the amendment, it was adopted.

Judy Wasylycia-Leis moved, -- That Bill C-11, in Clause 58, be amended by deleting lines 43 to 47 on page 26 and lines 1 and 2 on page 27.

After debate, the question being put on the amendment, it was negatived.

Anita Neville moved, -- That Bill C-11, in Clause 58, be amended by replacing lines 4 to 7 on page 27 with the following:

the detention of a permanent resident or a foreign national if it is satisfied that the permanent resident or the foreign national is the subject of an examination or an admissibility hearing or is subject to a removal order and that the permanent resident or the foreign national is

After debate, the question being put on the amendment, it was adopted.

Steve Mahoney moved, -- That Bill C-11, in Clause 58, be amended by adding after line 10 on page 27 the following:

(3) If the Immigration Division orders the release of a permanent resident or a foreign national, it may impose any conditions that it considers necessary, including the payment of a deposit or the posting of a guarantee for compliance with the conditions.

After debate, the question being put on the amendment, it was adopted.

Clause 58, as amended, carried.

On Clause 59,

Steve Mahoney moved, -- That Bill C-11, in Clause 59, be amended by replacing line 13 on page 27 with the following:

permanent resident or a foreign national who is detained under another

After debate, the question being put on the amendment, it was adopted.

Clause 59, as amended, carried.

On Clause 60,

Madeleine Dalphond-Guiral moved, -- That Bill C-11, in Clause 60, be amended by replacing lines 18 to 22 on page 27 with the following:

"60. For the purposes of this Division, a minor child shall not be detained."

After debate, the question being put on the amendment, it was negatived.

John Herron moved, -- That Bill C-11, in Clause 60, be amended by replacing lines 21 and 22 on page 27 with the following:

"and if a child under the age of eighteen is detained, that child shall be detained in accordance with the United Nations Convention on the Rights of the Child."

After debate, the question being put on the amendment, it was negatived.

Judy Wasylycia-Leis moved, -- That Bill C-11, in Clause 60, be amended by replacing line 22 on page 27 with the following:

"grounds and criteria including the best interests of the child."

After debate, the question being put on the amendment, it was adopted.

Clause 60, as amended, carried.

On Clause 63,

John Herron moved, -- That Bill C-11, in Clause 63, be amended by replacing line 41 on page 27 with the following:

"foreign national a permanent resident visa on the grounds that
(a) the person who has filed the application does not meet the requirements of the regulations respecting persons who sponsor applications for landing; or

(b) the member of the family class does not meet the requirements of this Act."

After debate, the question being put on the amendment, it was negatived.

Steve Mahoney moved, -- That Bill C-11, in Clause 63, be amended by replacing line 11 on page 28 with the following:

(4) A permanent resident may appeal to the

After debate, the question being put on the amendment, it was adopted.

Clause 63, as amended, carried.

On Clause 64,

Inky Mark moved, -- That Bill C-11, in Clause 64, be amended by replacing lines 19 to 30 on page 28 with the following:

"64. No appeal may be made under subsec-"

After debate, the question being put on the amendment, it was negatived.

Steve Mahoney moved, -- That Bill C-11, in Clause 64, be amended by replacing lines 20 and 21 on page 28 with the following:

Immigration Appeal Division by a foreign national or their sponsor or by a permanent resident if the foreign national or permanent resident

After debate, the question being put on the amendment, it was adopted.

John Herron moved, -- That Bill C-11, in Clause 64, be amended by adding after line 35 on page 28 the following:

"(4) Subsection (1) does not apply to permanent residents who have maintained permanent resident status for five years before being reported under section 44."

After debate, the question being put on the amendment, it was negatived.

Clause 64, as amended, carried.

On Clause 67,

Steve Mahoney moved, -- That Bill C-11, in Clause 67, be amended by replacing, in the English version, line 21 on page 29 with the following:

passionate considerations warrant special relief in

After debate, the question being put on the amendment, it was adopted.

Clause 67, as amended, carried.

On Clause 68,

Steve Mahoney moved, -- That Bill C-11, in Clause 68, be amended by replacing lines 8 to 11 on page 30 with the following:

stayed a removal order against a permanent resident or a foreign national who was found inadmissible on grounds of serious criminality or criminality, and they are convicted of

After debate, the question being put on the amendment, it was adopted.

Clause 68, as amended, carried.

On Clause 69,

Steve Mahoney moved, -- That Bill C-11, in Clause 69, be amended by replacing line 33 on page 30 with the following:

63(4) and the permanent resident is in Canada, it

After debate, the question being put on the amendment, it was adopted.

Clause 69, as amended, carried.

On Clause 70,

Steve Mahoney moved, -- That Bill C-11, in Clause 70, be amended by replacing line 35 on page 30 with the following:

70. (1) An officer, in examining a permanent resident or a foreign

After debate, the question being put on the amendment, it was adopted.

Inky Mark moved, -- That Bill C-11, in Clause 70, be amended by replacing lines 39 and 40 on page 30 with the following:

"(2) If the Minister commences an application for judicial"

After debate, the question being put on the amendment, it was negatived.

Judy Wasylycia-Leis moved, -- That Bill C-11, in Clause 70, be amended by deleting lines 39 to 45 on page 30.

After debate, the question being put on the amendment, it was negatived.

Steve Mahoney moved, -- That Bill C-11, in Clause 70, be amended by replacing lines 42 and 43 on page 30 with the following:

Appeal Division with respect to a permanent resident or a foreign national, an examination of the permanent resident or the foreign na-

After debate, the question being put on the amendment, it was adopted.

Clause 70, as amended, carried.

On Clause 72,

Madeleine Dalphond-Guiral moved, -- That Bill C-11, in Clause 72, be amended by replacing lines 9 to 36 on page 31 with the following:

"or a question raised —; under this Act may be obtained without making an application for leave to the Court."

After debate, the question being put on the amendment, it was negatived.

Inky Mark moved, -- That Bill C-11, in Clause 72, be amended by replacing lines 10 and 11 on page 31 with the following:

"commenced by making an application to the Court."

After debate, the question being put on the amendment, it was negatived.

Steve Mahoney moved, -- That Bill C-11, in Clause 72, be amended by replacing line 17 on page 31 with the following:

(b) subject to paragraph 169(f), notice of the application shall be served

After debate, the question being put on the amendment, it was adopted.

Clause 72, as amended, carried.

On Clause 73,

Inky Mark moved, -- That Bill C-11, in Clause 73, be amended by replacing line 38 on page 31 with the following:

"for"

After debate, the question being put on the amendment, it was negatived.

Clause 73, carried.

On Clause 74,

Inky Mark moved, -- That Bill C-11, in Clause 74, be amended by replacing lines 1 to 6 on page 32 with the following:

1. the judge shall fix the day and place for the hearing of the application;

(b) the hearing shall be no sooner than 30 days and no later than 90 days after the application was made, unless the parties agree to an"

After debate, the question being put on the amendment, it was negatived.

Judy Wasylycia-Leis moved, -- That Bill C-11, in Clause 74, be amended by replacing lines 1 to 10 on page 32 with the following:

"(a) the judge shall dispose of the application in a summary way and shall hold a hearing without delay; and

(b) an appeal to the Federal Court of Appeal"

After debate, the question being put on the amendment, it was negatived.

Clause 74, carried.

On Clause 75,

Madeleine Dalphond-Guiral moved, -- That Bill C-11, in Clause 75, be amended by replacing lines 18 to 20 on page 32 with the following:

"practice and procedure for judicial review and for"

After debate, the question being put on the amendment, it was negatived.

Inky Mark moved, -- That Bill C-11, in Clause 75, be amended by replacing lines 19 and 20 on page 32 with the following:

"tions for judicial review and for"

After debate, the question being put on the amendment, it was negatived.

Judy Wasylycia-Leis moved, -- That Bill C-11, in Clause 75, be amended by replacing lines 19 to 21 on page 32 with the following:

"tions for judicial review and for appeals. These rules shall take into account international obligations with respect to providing court protection for fundamental rights and are binding despite any rule"

After debate, the question being put on the amendment, it was negatived.

Clause 75, carried.

On Clause 76,

Steve Mahoney moved, -- That Bill C-11, in Clause 76, be amended by replacing lines 36 to 39 on page 32 with the following:

"judge" means the Associate Chief Justice of the Federal Court or a judge of the Trial Division of that Court designated by the Associate Chief Justice.

After debate, the question being put on the amendment, it was adopted.

Clause 76, as amended, carried.

On Clause 77,

John Herron moved, -- That Bill C-11, in Clause 77, be amended by replacing, in the English version, line 2 on page 33 with the following:

"General of Canada shall sign a certificate"

After debate, the question being put on the amendment, it was adopted.

Steve Mahoney moved, -- That Bill C-11, in Clause 77, be amended by replacing line 3 on page 33 with the following:

stating that a permanent resident or a foreign national is inadmissible

After debate, the question being put on the amendment, it was adopted.

Steve Mahoney moved, -- That Bill C-11, in Clause 77, be amended by replacing, in the French version, line 10 on page 33 with the following:

visant le résident permanent ou l'étranger au titre de la présente loi tant

After debate, the question being put on the amendment, it was adopted.

Clause 77, as amended, carried.

On Clause 78,

Judy Wasylycia-Leis moved, -- That Bill C-11, in Clause 78, be amended by deleting lines 26 to 29 on page 33.

After debate, the question being put on the amendment, it was negatived.

Steve Mahoney moved, -- That Bill C-11, in Clause 78, be amended by replacing line 34 on page 33 with the following:

(e) on each request of the Minister or the

After debate, the question being put on the amendment, it was adopted.

Steve Mahoney moved, -- That Bill C-11, in Clause 78, be amended

(a) by replacing line 38 on page 33 with the following:

evidence in the absence of the permanent resident or the foreign

(b) by replacing lines 14 to 17 on page 34 with the following:

(h) the judge shall provide the permanent resident or the foreign national with a summary of the information or evidence that enables them to be reasonably informed of the circum-

(c) by replacing line 23 on page 34 with the following:

(i) the judge shall provide the permanent resident or the foreign

After debate, the question being put on the amendment, it was adopted.

Clause 78, as amended, carried.

On Clause 79,

Steve Mahoney moved, -- That Bill C-11, in Clause 79, be amended by replacing line 31 on page 34 with the following:

79. (1) On the request of the Minister, the permanent resident or the foreign national, a

After debate, the question being put on the amendment, it was adopted.

Steve Mahoney moved, -- That Bill C-11, in Clause 79, be amended by replacing line 39 on page 34 with the following:

of the decision to the permanent resident or the foreign national and to the

After debate, the question being put on the amendment, it was adopted.

Clause 79, as amended, carried.

On Clause 80,

Steve Mahoney moved, -- That Bill C-11, in Clause 80, be amended by replacing, in the English version, line 45 on page 34 with the following:

80. (1) The judge shall, on the basis of the

After debate, the question being put on the amendment, it was adopted.

Judy Wasylycia-Leis moved, -- That Bill C-11, in Clause 80, be amended by adding after line 49 on page 34 the following:

"(1.1) Upon determining that the certificate is reasonable, the judge shall provide the person named in the certificate with a reasonable opportunity to present evidence and to be heard with respect to whether, in the circumstances of the case, it would not be detrimental to the national interest to allow the continuation of the person's permanent resident status."

After debate, the question being put on the amendment, it was negatived.

Judy Wasylycia-Leis moved, -- That Bill C-11, in Clause 80, be amended by replacing line 9 on page 35 with the following:

"(3) Subject to subsection (4), the determination of the judge is final"

After debate, the question being put on the amendment, it was negatived.

Judy Wasylycia-Leis moved, -- That Bill C-11, in Clause 80, be amended by adding after line 11 on page 35 the following:

"(4) A foreign national may appeal a determination in respect of a certificate that is signed on grounds of security to the Federal Court of Appeal."

After debate, the question being put on the amendment, it was negatived.

Clause 80, as amended, carried.

On Clause 81,

Steve Mahoney moved, -- That Bill C-11, in Clause 81, be amended

(a) by replacing line 14 on page 35 with the following:

(a) it is conclusive proof that the permanent resident or the foreign

(b) by replacing line 21 on page 35 with the following:

(c) the person named in it may not

After debate, the question being put on the amendment, it was adopted.

Clause 81, as amended, carried.

On Clause 82,

Judy Wasylycia-Leis moved, -- That Bill C-11, in Clause 82, be amended by deleting lines 33 to 36 on page 35.

After debate, the question being put on the amendment, it was negatived.

Steve Mahoney moved, -- That Bill C-11, in Clause 82, be amended by replacing lines 33 and 34 on page 35 with the following:

(2) A foreign national who is named in a certificate

After debate, the question being put on the amendment, it was adopted.

Clause 82, as amended, carried.

Clause 83, carried.

On Clause 84,

Steve Mahoney moved, -- That Bill C-11, in Clause 84, be amended by replacing line 14 on page 36 with the following:

a permanent resident or a foreign national, order their

After debate, the question being put on the amendment, it was adopted.

Clause 84, as amended, carried.

Clause 89, carried.

On Clause 90,

Judy Wasylycia-Leis moved, -- That Bill C-11, in Clause 90, be amended by replacing lines 33 to 36 on page 37 with the following:

"ber Cards."

After debate, the question being put on the amendment, it was negatived.

Clause 90, carried.

On Clause 92,

Steve Mahoney moved, -- That Bill C-11, in Clause 92, be amended by replacing, in the French version, line 27 on page 38 with the following:

document valeur de règlement au sens de la Loi sur les textes réglementaires.

After debate, the question being put on the amendment, it was adopted.

Clause 92, as amended, carried.

On Clause 93,

Steve Mahoney moved, -- That Bill C-11, in Clause 93, be amended by replacing lines 30 and 31 on page 38 with the following:

93. Instructions given by the Minister under this Act and guidelines issued by the Chairperson under paragraph 159(1)(h) are not statutory instruments for the purposes of the

After debate, the question being put on the amendment, it was adopted.

Clause 93, as amended, carried.

On Clause 94,

Steve Mahoney moved, -- That Bill C-11, in Clause 94, be amended
a) by adding after line 10 on page 39 the following:

(b.1) in respect of Canada, the linguistic profile of foreign nationals who became permanent residents;

b) by replacing lines 22 to 24 on page 39 with the following:

any;

(e) the number of persons granted permanent resident status under subsection 25(1); and

(f) a gender-based analysis of the impact of this Act.

After debate, the question being put on the amendment, it was adopted.

Madeleine Dalphond-Guiral moved, -- That Bill C-11 be amended by adding after line 24 on page 39 the following new clause:

"94.1 Within 90 days after the tabling of the report referred to in subsection 94(1), the Standing Committee of the House of Commons on Citizenship and Immigration shall hold public hearings in connection with the application of this Act."

After debate, the question being put on the amendment, it was negatived.

Clause 94, as amended, carried.

On Clause 95,

Steve Mahoney moved, -- That Bill C-11, in Clause 95, be amended

(a) by replacing lines 26 and 27 on page 39 with the following:

a person when

(a) the person has been deter-

(b) by replacing lines 34 to 37 on page 39 with the following:

(b) the Board determines the person to be a Convention refugee or a person in need of protection; or

(c) except in the case of a person

(c) by replacing line 1 on page 40 with the following:

(2) A protected person is a person

After debate, the question being put on the amendment, it was adopted.

Clause 95, as amended, carried.

On Clause 96,

Steve Mahoney moved, -- That Bill C-11, in Clause 96, be amended by replacing, in the French version, lines 6 to 16 on page 40 with the following:

Convention - le réfugié - la personne qui, craignant avec raison d'être persécutée du fait de sa race, de sa religion, de sa nationalité, de son appartenance à un groupe social ou de ses opinions politiques :

a) soit se trouve hors de tout pays dont elle a la nationalité et ne peut ou, du fait de cette crainte, ne veut se réclamer de la protection de chacun de ces pays;

b) soit, si elle n'a pas de nationalité et se trouve hors du pays dans lequel elle avait sa résiden-

After debate, the question being put on the amendment, it was adopted.

John Herron moved, -- That Bill C-11, in Clause 96, be amended by replacing lines 10 and 11 on page 40 with the following:

"membership in a particular social group, political opinion, sexual orientation or gender,"

After debate, the question being put on the amendment, it was negatived.

Madeleine Dalphond-Guiral moved, -- That Bill C-11, in Clause 96, be amended by replacing lines 10 and 11 on page 40 with the following:

"membership in a particular social group, political opinion, sex or sexual orientation,"

After debate, the question being put on the amendment, it was negatived.

Clause 96, as amended, carried.

On Clause 97,

Steve Mahoney moved, -- That Bill C-11, in Clause 97, be amended

(a) by replacing line 21 on page 40 with the following:

person in Canada whose removal to

(b) by replacing line 32 on page 40 with the following:

(i) the person is unable or,

(c) by replacing lines 35 and 36 on page 40 with the following:

(ii) the risk would be faced by the person in every part of that country and

(d) by replacing lines 1 to 4 on page 41 with the following:

(2) A person in Canada who is a member of a class of persons prescribed by the regulations as being in need of protection is also a person in need of protection.

After debate, the question being put on the amendment, it was adopted.

Judy Wasylycia-Leis moved, -- That Bill C-11, in Clause 97, be amended by deleting lines 35 to 38 on page 40.

After debate, the question being put on the amendment, it was negatived.

Steve Mahoney moved, -- That Bill C-11, in Clause 97, be amended by replacing, in the French version, line 38 on page 40 with the following:

(iii) la menace ou le risque ne résulte pas de

After debate, the question being put on the amendment, it was adopted.

Clause 97, as amended, carried.

On Clause 98,

Steve Mahoney moved, -- That Bill C-11, in Clause 98, be amended by replacing, in the French version, line 6 on page 41 with the following:

98. La personne visée aux sections E ou F de

After debate, the question being put on the amendment, it was adopted.

Judy Wasylycia-Leis moved, -- That Bill C-11, in Clause 98, be amended by replacing line 8 on page 41 with the following:

"protection, unless that person has been found to be a person at risk of torture as defined by the Convention Against Torture."

After debate, the question being put on the amendment, it was negatived.

Clause 98, as amended, carried.

On Clause 99,

Steve Mahoney moved, -- That Bill C-11, in Clause 99, be amended

(a) by replacing line 12 on page 41 with the following:

a person outside Canada must be

(b) by replacing line 17 on page 41 with the following:

a person inside Canada must be made

After debate, the question being put on the amendment, it was adopted.

Clause 99, as amended, carried.

On Clause 100,

Steve Mahoney moved, -- That Bill C-11, in Clause 100, be amended by replacing, in the French version, line 24 on page 41 with the following:

100. (1) Dans les trois jours ouvrables suivant la

After debate, the question being put on the amendment, it was adopted.

Steve Mahoney moved, -- That Bill C-11, in Clause 100, be amended

(a) by replacing, in the English version, line 32 on page 41 with the following:

of the eligibility of the person's

(b) by replacing, in the English version, line 36 on page 41 with the following:

whether the person is inadmissible

After debate, the question being put on the amendment, it was adopted.

Clause 100, as amended, carried.

On Clause 101,

Madeleine Dalphond-Guiral moved, -- That Bill C-11, in Clause 101, be amended by deleting lines 24 to 29 on page 42.

After debate, the question being put on the amendment, it was negatived.

John Herron moved, -- That Bill C-11, in Clause 101, be amended by adding after line 42 on page 42 the following:

"(1.1) A claimant for refugee protection is entitled to have a second determination made by the Refugee Protection Division where the circumstances of the claimant have changed or where there have been particular circumstances that have prevented some of the evidence from being adduced during the first determination."

After debate, the question being put on the amendment, it was negatived on the following division.

YEAS: Inky Mark, Lynne Yelich, Madeleine Dalphond-Guiral, Judy Wasylycia-Leis, John Herron (5).

NAYS: Mark Assad, John McCallum, Steve Mahoney, Jerry Pickard, Yolande Thibeault (5).

And the result of the vote having been announced YEAS 5, NAYS 5 whereupon the Chair voted in the negative.

Steve Mahoney moved, -- That Bill C-11, in Clause 101, be amended by replacing line 42 on page 42 with the following:

criminality or organized criminality, except for persons who are inadmissible solely on the grounds of paragraph 35(1)(c).

After debate, the question being put on the amendment, it was adopted.

Steve Mahoney moved, -- That Bill C-11, in Clause 101, be amended by replacing line 8 on page 43 with the following:

ter is of the opinion that the person

After debate, the question being put on the amendment, it was adopted.

Clause 101, as amended, carried on division.

On Clause 104,

Steve Mahoney moved, -- That Bill C-11, in Clause 104, be amended by replacing lines 27 to 29 on page 44 with the following:

claim that is before the Refugee Protection Division or, in the case of paragraph (d), that is before or has been determined by the Refugee Protection Division or the Refugee Appeal Division, give

After debate, the question being put on the amendment, it was adopted.

Steve Mahoney moved, -- That Bill C-11, in Clause 104, be amended by replacing lines 4 to 13 on page 45 with the following:

the claim; and

(b) if given under paragraph (1)(d), it

After debate, the question being put on the amendment, it was adopted.

Clause 104, as amended, carried.

On Clause 105,

Steve Mahoney moved, -- That Bill C-11, in Clause 105, be amended

(a) by replacing line 21 on page 45 with the following:

matter concerning a person against

(b) by replacing lines 29 to 31 on page 45 with the following:

surrender of the person has been made.

(2) If the person is finally dis-

(c) by replacing line 36 on page 45 with the following:

(3) If the person is ordered surren-

(d) by replacing line 6 on page 46 with the following:

(5) If the person has not made a

(e) by replacing line 9 on page 46 with the following:

person may not do so before the

After debate, the question being put on the amendment, it was adopted.

Clause 105, as amended, carried.

On Clause 106,

Steve Mahoney moved, -- That Bill C-11, in Clause 106, be amended by replacing, in the French version, line 11 on page 46 with the following:

d'identité acceptables, le demandeur ne peut

After debate, the question being put on the amendment, it was adopted.

Clause 106, as amended, carried.

On Clause 107,

Steve Mahoney moved, -- That Bill C-11, in Clause 107, be amended by replacing, in the French version, line 17 on page 46 with the following:

selon que le demandeur a ou non la qualité de

After debate, the question being put on the amendment, it was adopted.

Clause 107, as amended, carried.

On Clause 108,

Steve Mahoney moved, -- That Bill C-11, in Clause 108, be amended

(a) by replacing line 31 on page 46 with the following:

be rejected, and a person is not a

(b) by replacing line 35 on page 46 with the following:

(a) the person has voluntarily

(c) by replacing line 38 on page 46 with the following:

(b) the person has voluntarily

(d) by replacing line 40 on page 46 with the following:

(c) the person has acquired a new

(e) by replacing line 1 on page 47 with the following:

(d) the person has voluntarily

(f) by replacing lines 3 to 5 on page 47 with the following:

the person left or remained outside of and in respect of which the person claimed refugee protection in Cana-

(g) by replacing lines 7 and 8 on page 47 with the following:

(e) the reasons for which the person sought refugee protection have

(h) by replacing line 16 on page 47 with the following:

of the person is deemed to be

(i) by replacing line 19 on page 47 with the following:

person who establishes that there are

After debate, the question being put on the amendment, it was adopted.

Clause 108, as amended, carried.

On Clause 109,

Steve Mahoney moved, -- That Bill C-11, in Clause 109, be amended by replacing, in the English version, line 39 on page 47 with the following:

of the person is deemed to be rejected

After debate, the question being put on the amendment, it was adopted.

Clause 109, as amended, carried.

On Clause 110,

Steve Mahoney moved, -- That Bill C-11, in Clause 110, be amended

(a) by replacing line 1 on page 48 with the following:

110. (1) A person or the Minister

(b) by replacing line 7 on page 48 with the following:

person's claim for refugee protec-

After debate, the question being put on the amendment, it was adopted.

Steve Mahoney moved, -- That Bill C-11, in Clause 110, be amended by replacing line 8 on page 48 with the following:

tion, or a decision of the Refugee Protection Division rejecting an application by the Minister for a determination that refugee protection has ceased or an application by the Minister to vacate a decision to allow a claim for refugee protection.

After debate, the question being put on the amendment, it was adopted.

Judy Wasylycia-Leis moved, -- That Bill C-11, in Clause 110, be amended by deleting lines 9 to 11 on page 48.

After debate, the question being put on the amendment, it was negatived.

Madeleine Dalphond-Guiral moved, -- That Bill C-11, in Clause 110, be amended by replacing lines 13 to 15 on page 48 with the following:

"proceed by hearing the parties and by examining the record of the proceedings of the Refugee Protection Division, and may also accept written"

After debate, the question being put on the amendment, it was negatived.

John Herron moved, -- That Bill C-11, in Clause 110, be amended by replacing lines 13 to 15 on page 48 with the following:

"proceed with a hearing, using the record of the proceedings of the Refugee Protection Division, and may accept"

After debate, the question being put on the amendment, it was negatived.

John Herron moved, -- That Bill C-11, in Clause 110, be amended by replacing lines 13 to 16 on page 48 with the following:

"proceed with a hearing where new evidence may be introduced, the record of the proceedings of the Refugee Protection Division is used, and submissions may be made by the Minister, the person"

After debate, the question being put on the amendment, it was negatived.

Clause 110, as amended, carried.

On Clause 112,

Steve Mahoney moved, -- That Bill C-11, in Clause 112, be amended by replacing line 40 on page 48 with the following:

112. (1) A person in Canada, other than a person referred to in subsection 115(1), may,

After debate, the question being put on the amendment, it was adopted.

Steve Mahoney moved, -- That Bill C-11, in Clause 112, be amended

(a) by replacing lines 6 and 7 on page 49 with the following:

(2) Despite subsection (1), a person may not apply for protection if

(b) by replacing line 14 on page 49 with the following:

(c) in the case of a person who has

(c) by replacing lines 27 and 28 on page 49 with the following:

an application for protection if the person

After debate, the question being put on the amendment, it was adopted.

Steve Mahoney moved, -- That Bill C-11 be amended by deleting lines 14 to 17 on page 49.

After debate, the question being put on the amendment, it was adopted.

Steve Mahoney moved, -- That Bill C-11 be amended by replacing lines 13 to 16 on page 49 with the following:

"paragraph 101 (1)(e) to be ineligible; or

(c) in the case of a foreign national who has"

After debate, the question being put on the amendment, it was adopted.

Judy Wasylycia-Leis moved, -- That Bill C-11, in Clause 112, be amended by deleting lines 18 to 25 on page 49.

After debate, the question being put on the amendment, it was negatived.

Steve Mahoney moved, -- That Bill C-11, in Clause 112, be amended by replacing line 18 on page 49 with the following:

(d) in the case of a person who has not left Canada since the application for protection was rejected, the prescribed period has not expired; or

(e) in the case of a person who has

After debate, the question being put on the amendment, it was adopted.

Madeleine Dalphond-Guiral moved, -- That Bill C-11, in Clause 112, be amended by replacing line 38 on page 49 with the following:

"Canada that, if committed in Canada, would be punishable by a term of imprisonment of at least 10 years;"

After debate, the question being put on the amendment, it was adopted.

Clause 112, as amended, carried on division.

On Clause 113,

Steve Mahoney moved, -- That Bill C-11 be amended by replacing lines 10 on page 50 with the following:

"(b) a hearing may be held if the"

After debate, the question being put on the amendment, it was adopted.

Steve Mahoney moved, -- That Bill C-11, in Clause 113, be amended by replacing lines 7 and 8 on page 50 with the following:

only new evidence that arose after the rejection or was not reasonably available, or that the applicant could not reasonably have been expected in the circumstances to have presented, at the time of the

After debate, the question being put on the amendment, it was adopted.

Madeleine Dalphond-Guiral moved, -- That Bill C-11, in Clause 113, be amended by replacing lines 10 to 12 on page 50 with the following:

"(b) a hearing shall be held before the Refugee Appeal Division of the Immigration and Refugee Board;"

After debate, the question being put on the amendment, it was negatived.

Steve Mahoney moved, -- That Bill C-11, in Clause 113, be amended

(a) by replacing, in the English version, line 13 on page 50 with the following:

(c) in the case of an applicant not

(b) by replacing, in the English version, line 17 on page 50 with the following:

(d) in the case of an applicant

After debate, the question being put on the amendment, it was adopted.

moved, -- That Bill C-11, in Clause 113, be amended by replacing lines 26 to 31 on page 50 with the following:

whether the application should be refused because of the nature and severity of acts committed by the applicant or because of the danger that the applicant constitutes to the security of Canada.

After debate, the question being put on the amendment, it was adopted.

Clause 113, as amended, carried on division.

On Clause 114,

Steve Mahoney moved, -- That Bill C-11, in Clause 114, be amended

(a) by replacing line 34 on page 50 with the following:

(a) in the case of an applicant not

(b) by replacing line 37 on page 50 with the following:

(b) in the case of an applicant

(c) by replacing line 41 on page 50 with the following:

applicant was determined to be in

After debate, the question being put on the amendment, it was adopted.

Judy Wasylycia-Leis moved, -- That Bill C-11, in Clause 114, be amended by deleting lines 4 to 9 on page 51.

After debate, the question being put on the amendment, it was negatived.

Clause 114, as amended, carried.

On Clause 115,

Steve Mahoney moved, -- That Bill C-11, in Clause 115, be amended

(a) by replacing lines 13 to 16 on page 51 with the following:

115. (1) A protected person or a person who is recognized as a Convention refugee by another country to which the person may be returned shall not be

(b) by replacing line 24 on page 51 with the following:

of a person

(c) by replacing lines 37 to 40 on page 51 with the following:

(3) A person, after a determination under paragraph 101(1)(e) that the person's claim is ineligible, is to be sent to the country from which the person

(d) by replacing line 44 on page 51 with the following:

the person came to Canada has

After debate, the question being put on the amendment, it was adopted.

Madeleine Dalphond-Guiral moved, -- That Bill C-11, in Clause 115, be amended by deleting lines 23 to 36 on page 51.

After debate, the question being put on the amendment, it was negatived.

Steve Mahoney moved, -- That Bill C-11, in Clause 115, be amended by replacing lines 32 to 34 on page 51 with the following:

opinion of the Minister, the person should not be allowed to remain in Canada on the basis of

After debate, the question being put on the amendment, it was adopted.

Judy Wasylycia-Leis moved, -- That Bill C-11, in Clause 115, be amended by adding after line 45 on page 51 the following:

"(4) Subsection (1) shall apply to a foreign national or protected person who will face risk of torture in their country of return, in contravention of Article 3 of the Convention Against Torture."

After debate, the question being put on the amendment, it was negatived.

Clause 115, as amended, carried.

On Clause 116,

Steve Mahoney moved, -- That Bill C-11, in Clause 116, be amended by replacing line 5 on page 52 with the following:

applications for protection and decisions made under section 115, including the establishment of factors to determine whether a hearing is required.

After debate, the question being put on the amendment, it was adopted.

Clause 116, as amended, carried.

At 9:48 p.m., the Committee adjourned to the call of the Chair.

Jacques Lahaie

Clerk of the Committee