CIMM Committee Report
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CHAPTER 1: RECENT MEASURES — THE
IMMIGRATION AND REFUGEE PROTECTION ACT
Before September 11th, the Committee was already examining many of the issues canvassed in this report. The threat of terrorism was brought home for numerous people by the attacks on New York and Washington, but our country’s border security is not an issue of recent genesis.
Earlier this year, the Committee held extensive hearings on Bill C-11, the Immigration and Refugee Protection Act. Substantive amendments to the legislation were made by the Committee in response to concerns expressed by witnesses and Committee members. The Act received Royal Assent on 1 November 2001 and will come into force in June 2002.
This legislation demonstrates Canada’s continued dedication to the Geneva Refugee Convention and its Protocol. The Immigration and Refugee Protection Act also reinforces Canada’s commitment to welcoming immigrants and refugees, and reflects the long-standing goals of reuniting families and promoting economic growth through immigration.
The new Act will also strengthen security measures. As confirmed by representatives of the intelligence community who appeared before the Committee, the legislation enhances the capabilities of those responsible for our country’s security. The new process of immediately screening refugee claimants (something this Committee recommended in our March 2000 report), the new offence of trafficking in people and the increased penalties for human smuggling were some of the examples cited by witnesses as specific improvements. As well, Bill C-11 expands the powers of arrest and detention and creates new grounds of inadmissibility to Canada. Appeals have been restricted and the security certificate procedure has been condensed.
The Immigration and Refugee Board will also be altered by the new legislation. Refugee hearings will be conducted by a single member and all relevant risks to the claimant will be considered at one hearing. Repeat refugee claims will no longer be permitted and a new Refugee Appeal Division will be created to ensure consistent jurisprudence and a reduced reliance on lengthy Federal Court proceedings. The division responsible for detention review and inadmissibility hearings will now be given access to sensitive protected information through a secure process that was formerly only available in Federal Court. All of these procedures, along with the restriction of appeal rights for serious criminals and those who pose a security risk, will expedite decisions and removals.
The Immigration and Refugee Protection Act represents a significant step in addressing current security concerns. Even though drafted before September 11th, the legislation was clearly created with the threat of terrorism in mind. How the Act will be implemented and what resources will be allocated were key issues considered by the Committee in the preparation of this report.
The Committee notes that the recently introduced Bill C-42, the Public Safety Act, proposes amendments to the current Immigration Act as a way of implementing some of the provisions of the Immigration and Refugee Protection Act before it is scheduled to come into force on 28 June 2002. Of particular note, Bill C-42 would immediately grant immigration officers the expanded powers of arrest and detention set out in the Immigration and Refugee Protection Act. The Committee also notes with approval the obligation Bill C-42 would impose on transportation companies to provide basic data about all Canada-bound passengers prior to their arrival in Canada.