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CIMM Committee Report

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SUPPLEMENTARY OPINION OF THE BLOC QUÉBÉCOIS

As suggested by the Bloc, clause 5(2) of An Act Respecting Immigration to Canada and the Granting of Refugee Protection to Persons who are Displaced, Persecuted, or in Danger (C-11), which stipulated that the regulations, published on December 10, 2001, be referred to committee, demonstrated the sagacity of the law maker. If it were not for this clause, the entry into force of the regulations would have proven the fears of many interveners who, in their commentary on bill C-11, indicated that this legislation would markedly tighten access to Canada for immigrants and refugees.

The Bloc Québécois would like to emphasize the degree to which the testimony of committee witnesses during the last few weeks has been invaluable to the Members of the Committee. It permitted us to determine whether or not the regulations respect the spirit and the objectives of the bill and will be applied with equality, openness, and compassion.

Although the Bloc predominantly supports the recommendations of the report, it seems useful to emphasize a number of additions that we had hoped for.

1.          Retroactivity

This reality touches two groups of applicants: those whose date of application was before December 10, 2001, and those whose date of application falls between this date and that of the entry into force of the new regulations. Even if the parameters given by the Committee for the new selection grid are, in our opinion, fairer, we believe that the new grid should only be used for the second group of applicants, and then after March 31, 2003. After this date, the applicants that do not obtain a passing score with the new grid should be evaluated using the old grid. This would guarantee equality for each applicant and would also serve to validate the new grid.

2.         Selection grid

Even if Québec is responsible for the selection of its own immigrants, and therefore, not affected by this new selection grid, we have serious reservations about the 15 points awarded for arranged employment approved by HRDC, since only 2% of applicants are able to obtain one. The score should thus be reduced to 10 points and these points would ideally be included in the adaptability section. Concerning the points linked to an applicant’s partner’s education, does this not constitute discrimination based on the applicant’s civil status?

3.         Permanent resident card

The introduction of biometric identification is not one to be taken lightly given its impact, notably, on the privacy rights of the individual. This is a question that needs to be examined with all the seriousness that public debates demand, as it is one where the interests of efficiency brutally confront ethical considerations. A decision on this issue should not discriminate against permanent residents.

4.         Detention of minors

We reiterate the position taken in the committee report regarding the detention of minors, keeping in mind that the fact that detention is not a form of protection. A decision to detain should not be taken without a professional evaluation by competent practitioner of child or teenage psychology.

5.         Domestic Workers

The report does not mention the domestic workers program. The Bloc Québécois shares the opinion of our witnesses: permanent resident status should be awarded de facto to the participants of this program and the requirement to live in the same residence as the employer should be removed. Further, the establishment of an employer-employee contract is insufficient to guarantee working conditions and to ensure that these workers, most of whom are women, see their fundamental rights respected.

In conclusion, permit me to pause at the title of the report: Building a Nation/Bâtir un pays. For the Bloc Québécois, immigration plays an important role in the building of our societies. Québec, like Canada, needs these new citizens and our capacity to welcome them is essential to their integration into one or the other of these societies. Further, the Bloc Québécois hopes that the final version of the regulations will be submitted to the Committee before their publication. Finally, how can we not mention the extremely professional and tireless work of our research team, translators, and support personnel. Their competence maintained the focus of the task at hand, and they certainly contributed to the convivial climate that prevailed around the table over the course of the last few weeks. A huge thank-you to all.

Madeleine Dalphond-Guiral

Member of Parliament for Laval-Centre

Citizenship and Immigration critic for the Bloc Québécois

March 20, 2002