Ladies and gentlemen, this is the Standing Committee on Citizenship and Immigration, meeting number 2, on Tuesday, March 16, 2010.
The orders of the day are pursuant to Standing Orders 81(4) and 81(5). We have main estimates 2010-2011, votes 1, 5, and 10 under Citizenship and Immigration, and supplementary estimates (C) 2009-2010, votes 1c and 5c under Citizenship and Immigration. They were referred to the committee on Wednesday, March 3, 2010.
We have today as our guest the Minister of Citizenship, Immigration and Multiculturalism. He has a number of his staff with him; I will let him introduce them.
Minister Kenney, it's a pleasure to have you here today to talk about the estimates. As you know, you have the floor for about 10 minutes.
:
Thank you very much, Mr. Chairman.
[Translation]
First, I would like to welcome my colleague Mr. Denis Coderre and Ms. DeBellefeuille.
Mr. Coderre and I have known each other for a long time. He is new to the world of immigration, but I still think he will have a great deal to contribute.
I would also like to acknowledge the presence of my deputy minister,
[English]
Neil Yeates; chief financial officer Mark Watters; assistant deputy minister for operations Claudette Deschênes; and associate ADM Dawn Edlund.
Mr. Chairman and colleagues, I am pleased today to place before the committee our department's main estimates for the fiscal year 2010-2011 and supplementary estimates (C) for fiscal year 2009-2010.
The total main estimates for 2010-2011 are $1,532 million, an increase of $174.2 million from the previous fiscal year. This change is primarily due to increased funding approved to support settlement services across Canada, including Quebec--that's nearly $96 million--and implement a temporary resident visa for Mexico, $48.4 million. I should mention of course that we also generate revenues from visa fees that go to the general revenue fund. We're also modernizing the immigration system and managing the backlog with $21.9 million and we are reflecting the transfer of the multiculturalism portfolio from Heritage to CIC.
With respect to supplementary estimates (C), the most significant items included address our actions to respond to the earthquake in Haiti--that's $4.8 million, about which I will speak more shortly--and reallocation of resources to support additional pressures on the interim federal health program. That's in part due to our additional coverage for Haitian nationals in Canada. We're also transferring funds to DFAIT for shared costs related to the renovation of our mission in Tunis and transferring funds to the Department of Justice to assist with pressures on the immigration and refugee legal aid envelope.
I would like to answer your questions regarding these and other funding matters, Mr. Chairman.
By helping immigrants find meaningful employment and successfully integrate into Canadian society, we are committed to using immigration to strengthen the economy and build the future of Canada. This future also depends on a successful refugee asylum system. As many of you know, Canada has been a leader in the international challenge to help refugees. Since 1947, more than a million people have been granted protection by Canada, and in fact Canada receives one of every 10 resettled refugees globally each year. We welcomed over 33,000 people who came to Canada seeking asylum in 2009 following an increase of 60% between 2006 and 2008. In fact, our projections were for substantial increase in 2009. That was only precluded by the difficult but necessary decision with respect to TRVs for Mexico and the Czech Republic.
In spite of finalizing over 26,000 claims last year at the IRB, there is still a backlog of approximately 60,000 claims. The good news, though, is it's now beginning to track down a little bit.
I'd like to commend the IRB for, even before they had a full complement of members, managing to perform above their budgeted target of 25,000 finalizations per year.
[Translation]
We have addressed the growing backlog in our refugee protection system with appointments to the IRB. I have personally made 61 appointments and 28 reappointments, so that the Refugee Protection Division of the Board is close to its full complement. It is currently at 96%, and will be increasing shortly.
But still, the number of refugee claims made in Canada each year exceeds our ability to keep pace. So it now takes about 18 months for refugee claimants to have their claims decided and years for failed claimants who pursue the multiple avenues of stays and appeals available to them.
This is unacceptable. Those who need protection should not have to wait for over a year to be processed.
[English]
We also can't continue with what I have called a two-tier immigration system, one for legal immigrants who patiently wait in line to come to Canada through our fair system and another for those who make manifestly false asylum claims in seeking to come to Canada through the back door of our refugee system.
That many of our asylum claimants do not need Canada's protection is demonstrated by the fact that 58% of claims are rejected by the IRB. More are abandoned or withdrawn before they get to the IRB. For example, of the roughly 2,500 claims made by nationals or citizens of Hungary last year, 100% were either withdrawn, abandoned, or rejected, and out of the 2,500 only three claims were finalized with approval by the IRB.
There are organizations that offer to sell advice on how to use Canada's asylum system as an easy way to get into the country and to remain here for years. I recently saw one that offered a service to help people travelling here as tourists to make manifestly false claims. They actually offered to construct a motive for such a claim.
We need balanced and fair reforms to our refugee system.
[Translation]
To achieve this, we are looking at ways to improve the system, to enable both faster decisions and faster removals of failed claimants, as well as ways to increase the support we give refugees to start new lives in Canada. This would help those who truly need our protection and deter applications from those who try to misuse our asylum system. And it would aim to do so at less cost to taxpayers.
[English]
Mr. Chairman, on another matter, the government is committed to fighting immigration fraud.
We will work to ensure fairness and the integrity of our system for obtaining temporary and permanent residence in Canada as well as citizenship. As the Speech from the Throne said, we will work to protect would-be immigrants by taking steps to shut down unscrupulous and unlicensed immigration consultants. We plan to proceed with legislation this spring to impose tougher penalties on people who break our laws or provide fraudulent advice seeking to exploit applicants for immigration to Canada. By regulating consultants in this country, we will crack down on “ghost” consultants as well as others who advise immigrants to make false declarations.
[Translation]
I believe, Mr. Chairman, that we must also guard against fraud by those seeking to violate our very generous citizenship laws.
[English]
While I obviously can't discuss individual cases, I expect committee members are likely aware of media reports regarding investigations of fraud. For example, Radio-Canada did one on a fraud network in Montreal; they identified that 1,400 people appeared to have used immigration consultants to set up fictitious lives in Canada as false evidence of permanent residency in their citizenship applications. Another case is under investigation in Mississauga. It involves as many as 300 people who claim to be living at the same address, if you can believe it. They are claiming to be legitimate permanent residents in Canada.
[Translation]
Mr. Chairman, we need to acknowledge that the problem is out there and known. The law is clear: citizenship can be revoked if a person commits fraud, or conceals material circumstances when they apply for citizenship or permanent resident status.
To respond to the recent earthquake in Haiti, staff at Citizenship and Immigration worked to give priority to new and existing sponsorship applications from Canadian citizens and permanent residents who have close family members in Haiti. As the Canadian Embassy sustained substantial damage and CIC's services were affected, an office in Santo Domingo was set up and assigned the caseload normally processed by Port-au-Prince, particularly for temporary visa applications.
As well, CIC set up a unit in Canada to provide support to the visa office in Port-au-Prince. Over 1,500 temporary resident visas have been issued, the majority of which were to people accompanying Canadian citizens being evacuated from Haiti.
[English]
My time is running short, Mr. Chairman. I would just very briefly say that we have recently announced additional investments to accelerate the integration of newcomers through the foreign credential referral office, including an extension and enlargement of our overseas immigration integration project. We have expanded it to a number of other countries by opening an office and making free seminars available to selected permanent residents in London, England, to serve the Gulf States as well as Scandinavia. We're now providing roughly two-thirds of our permanent resident intake with access to these free seminars.
Of course, in November and I, along with the provinces, announced the pan-Canadian framework for the assessment and recognition of foreign qualifications, which is part of the $50 million investment in Canada's economic action plan.
I look forward to taking questions on that issue or on any others of interest to committee members.
[Translation]
Thank you for your time, Mr. Chairman.
:
Thank you very much, Mr. Chair.
Thank you, Minister, for your presentation. I want to begin my comments by saying that while it's very important that we review the estimates, my major concern as critic of the Liberal Party is that, in fact, new Canadians are falling behind. They're over-represented in the poverty rates, the unemployment rate, and the gender employment rates of this country, and I question the government response to this reality.
I want to cite an editorial comment made recently:
Canada's future prosperity is tied to the economic success of its immigrants. Perennial wage gaps indicate success for immigrants is not a given. It is regrettable that amidst the ongoing stimulus spending, investments to ensure immigrants integrate as speedily and successfully into Canada's economy as possible are not being made.
I tend to agree with that assessment. That is the paramount issue of immigration in Canada. We welcome people, but their expectations are not being met, not because of what they're not willing to do but rather because the system is not allowing them the chance they rightly deserve. That's the macro-picture, Minister, that I want to paint to you.
Secondly, I have some very specific questions in reference to the main estimates. The main estimates indicate that Citizenship and Immigration net spending increases of $175.2 million are due in part to $80 million in funding related to the Canada-Ontario immigration agreement. Is that $80 million new money that was not originally contemplated as part of the $920 million over five years under the agreement, or is that unspent money from previous years? Could you please provide the committee with an accounting of the money that has flowed under the Canada-Ontario immigration agreement as of March 1, 2010, how much money actually flowed in each year?
As you know, this week the citizenship guide comes into effect. There are some questions, obviously, related to that guide, but I do want to give you, Minister, the opportunity to answer just some very straightforward questions related to the guide. That is, did you or anyone in your ministerial office request the removal of references to gay rights or same-sex marriage from the drafts of the citizenship guide? At any time during the process, did public officials suggest that references to gay rights or same-sex marriage be incorporated back into the final product, and if so, what was your office's justification for keeping them out of the guide? Given that the guide is now being used, can we expect that these issues will be reincorporated into the guide, and if so, when?
Thank you.
:
Thank you. There are a lot of questions there.
Mr. Bevilacqua, first of all, I share your preoccupation with the diminished economic outcomes that are experienced by many newcomers to Canada versus 20 years ago, for example. The overall focus of the government's approach to immigration is to improve economic outcomes for newcomers so that immigration works for them and for Canada. That has been the guiding principle in everything we've done.
I read the same editorial that you did. I'm actually sending a letter to correct my friends at the Globe and Mail because they missed the fact that budget 2010 continues the economic action plan's investment of $50 million in additional funds for the implementation of the agreement between the premiers and the , in January 2009, to accelerate and streamline the process of foreign credential recognition. And that $50 million, which we're continuing to invest, is what led to the very important development last November of the pan-Canadian framework.
The budget also includes the continuation of our substantial increase in settlement funding, Mr. Bevilacqua. In 2005-06, this ministry spent $188 million on settlement funding and this year, in 2010-11, it will be $652 million. So this government has more than tripled the investment in settlement services, including language programs for newcomers.
But may I add, Mr. Bevilacqua, that an index of success isn't just spending more, it's better outcomes. I've asked this committee on several occasions to consider studying best practices in settlement programming and it never seems to get picked up. Perhaps it's because it doesn't generate news stories, but I think it's absolutely essential. The taxpayers are spending three to four times more on settlement programming—yes, in Ontario, under COIA, and across the country—than any government did before. Yet we're concerned that we're not seeing a proportionate increase in enrollment in these programs or in outcomes. I've alluded before to the fact that only a quarter of qualified permanent residents are enrolling in the free language classes that we're now offering, which are far more expansive than they've ever been before. We are looking at some ways of innovation, like the voucher pilot program, but I would really encourage this committee to look more broadly at that.
So I reject the premise that we are not investing in newcomers. In fact, the $12 million expansion of the foreign credentials referral office for pre-integration programs abroad is a classic example of this. We want newcomers to get ready for the Canadian labour market, to get a head start on the credential recognition applications, and to make their job applications before they arrive here.
Finally, I think a lot of the expanded programs we have, such as the provincial nominee programs and the Canadian experience class, which is starting to pick up momentum, will lead to better economic outcomes.
In terms of your questions on COIA, I will refer this to our CFO in terms of the $88 million.
:
Pardon me, Mr. Minister, you can respond to the rest in writing. I think it is important for us to speak, given that we only have 10 minutes per caucus.
I would like to refer to Haiti, because it is a major, key issue. I was somewhat disappointed by your parliamentary secretary who, last week, in response to a question on Haiti, said that there was no way we could treat countries in different ways depending on their circumstances. I thought that, in Canada, our definition of the word “humanitarian“ was somewhat different. That said, I would like to ask you some very direct questions on the situation in Haiti.
A supplementary budget of $4,788 million has been allocated to Haiti. Are you telling me that, as of March 5, only 160 permanent resident visas have been issued. There are 1,500 temporary visas. Temporary visas mean that those people will eventually have to return to their country.
I would like to know how many applications you have processed and received since the earthquake and how many new applications you have received. Because you also said that you were making announcements in addition to those that were already in the system. I should say that, given the urgency of the situation and the fact that there are still approximately 1 million displaced people, 160 visas is not a great deal. You have acted on adoption but, when it comes to family reunification, I am extremely concerned. I must tell you that I am not very pleased and neither is the Haitian community. I would like you to provide us with some figures on this matter.
Mr. Minister, I want to talk to you about the use of French in the Immigration and Refugee Board of Canada. I have already spoken to you about this several times. I have asked questions about this issue in the House of Commons and at this committee. However, you have always hidden behind the judicial independence that the members of this board enjoy to tell me, ultimately, that you could not get involved.
Now, the Bolanos file, handled by Mr. Handfield, went before the Federal Court and, through your lawyers, you are directly challenging this person's right to have access to evidentiary documents in the language of his choice. That is clearly the case you are making. I have with me the brief that was presented by the Deputy Attorney General of Canada on behalf of the Minister of Citizenship and Immigration. In paragraph III, it states the following: "The case at hand is not concerned with Mr. Bolanos Blanco's language rights, but it has to do with his right to benefit from a full and complete defence."
I attended the part of the hearing in Montreal that dealt with language, and I was surprised to see how much effort your lawyers expended to tell the court that it did not have to obey its own rules on the use of French. With this in mind, I would like to draw your attention to the Guide to Proceedings before the Immigration Division, prepared by your legal service. Item 6.3.3 is entitled “Consequences of changing the language of the proceeding on the presentation of the documentary evidence“. I will spare you the reading of the whole thing, but let me emphasize that the case described is exactly like the case at hand. In fact, the evidence was first drafted in English, then a request was made to change the language to French. It says:
Under rule 25(2), if the minister provides a document that is not in the language of the proceeding, the minister must provide a translation. Consequently, a change in the language of the proceeding may mean adjourning the hearing so that the documents provided by the minister can be translated [...]
The government has spent a great deal of effort and energy on this situation. It is truly a legal guerrilla war that seeks to demonstrate that the board does not have to follow its own rules, namely that evidence be presented in French.
However, when I ask you questions in the House, you say that you are in favour of using French and that you believe that the board must respect that. What you are saying politically and what your lawyers are saying before the court on your behalf are two different things.
I would like to have an explanation of this discrepancy and I would like to know why you are making such a to-do. Substantial resources have been invested in this.
Your government even issued a deportation order against Mr. Bolanos Blanco before the Federal Court had handed down its decision, which is rather extraordinary. Fortunately, the Federal Court granted a stay.
Why all this excitement? Are you afraid that it will create a precedent that favours the use of French?
I have three questions in three different areas.
We know that hard-working Canadians expect effective, fast, and fair immigration services. The system right now is not fair, is not fast, and is not effective. Let me give you an example.
Recently I was watching the Canadian Olympic hockey game in a bar. I ran into a Canadian surgeon working at the Sick Kids hospital, a wonderful young man. He tells me that he sponsored his wife starting on November 15, 2007. The wife has an MBA, a master's degree from Georgetown, and is totally qualified to work. After 27 months. Anu, the wife, is still waiting for her landed immigrant status. As a result, she can't work, she can't get OHIP, and she is stuck. The Canadian doctor was saying, “I am so fed up with waiting. Why does it take so long for my wife to get landed immigrant status?”
I looked up the Buffalo visa office wait time. It is supposed to be 1.2 years, one year in general, and this one is over two and a half years, almost three years. I then looked up a lot of my constituents from southern China via Hong Kong; the average wait time is four and a half years. I looked up New Delhi. The average wait time is 6.74 years. That's close to 7 years. Nairobi is four years; Islamabad in general is 11 years. My gosh, this is.... In general, these are the wait times.
In this specific case, I'm talking about a family class application. If you are trying to sponsor your father and mother, it takes a long time. I'm really focusing on wait times for family class applicants, not for skilled workers, because I know Bill C-50 and we don't need to revisit that. It is really the family class applicants--the spouses, the parents, and the children--who end up waiting for years and years. I looked at the supplementary estimates (C) and I looked at the main estimates. There is really no initiative, no program, to decrease the wait times.
Last year, you may recall, I asked you about the computer program. Yes, you put in $31 million for a computer program that is supposed to be working this year.
What are we doing? What is your department doing to lower the wait times for family class applicants so that they don't have to wait so long to reunite with their loved ones?
:
Thank you. I acknowledge, that's one of the top concerns of newcomers. People raise it with me all the time, as I'm sure they have with all of my predecessors.
You know, Madam Chow, that over the course of 10 or 15 years we saw a huge growth in the overall inventory, and that included family class. The department is constantly looking at ways to administer these programs more efficiently to accelerate processing times. For example, 80% of spousal sponsorship applications are dealt with in less than a year. So if this chap has been waiting for two and a half years, please make a representation to me, and I'll look at that particular case.
I can point out that we've made progress on parents and grandparents. In 2006 it was taking 60 to 80 months. It is now taking 56 months in 2009. I know for many families that is still far too long, but it is moving in the right direction.
I know that we have, for instance, made some progress in Nairobi with respect to family class applications. We've been reducing the wait times and the backlog there.
I would say, though, that globally the challenge we have is that there are more people who want to come to Canada, by several orders of magnitude, than we can process in a period of time. We have the highest relative level of immigration in the developed world, at 0.8% of our population—up to 265,000 in our planning range. And yet, according to the international survey on migration done by Gallup last year, there are over 40 million people who would like to immigrate to Canada. So we receive more applications for the family class categories than we can welcome to Canada in any given year, given the practical limitations we have both on processing applications and on integrating individuals to Canada.
Essentially, more and more people make applications for the number of positions that are available. That is why over a period of time the backlogs have developed.
As you know, there are some regional problems or challenges. For example, you have raised Hong Kong in southern China. As I mentioned to you in my last appearance, we have faced a wave--
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I would point out to my friends in the opposition that five members on one side are getting as much time as one member on the other side, so I think this is a reasonable question.
I am proud to announce that starting today our ministry will now post its most requested statistics on a quarterly basis on our website.
We are demonstrating our commitment to transparency and open government by ensuring that our most requested data is up to date, easily accessible, and posted in a timely manner. This will ensure that anyone who would like this data can access it free whenever they would like to. The statistics provide current information on the immigration and citizenship processes, such as how many economic-class and family-class applications have been proceeded with in the previous quarter of the year.
So Ms. Chow's research will be rendered even more convenient.
The information also includes operational data on, for example, citizenship statistics, application processing times, and inventories. CIC is also offering public access to a free CD with more detailed statistical information.
Let me add one point, Mr. Chairman, to highlight our commitment to open government. Immigration Canada receives the most requests of any government department under the Access to Information Act—more than double the number of requests received by the next-highest-ranked federal department. So we have a huge volume of ATI requests. But our compliance rate is over 95%. This demonstrates our commitment to transparency and client service. By virtue of our sharing this information proactively on a regular basis, Canadians will have the information they need readily available. I think that demonstrates our commitment to transparency.
:
We covered some of this ground in response to Mr. Coderre, but I can certainly say that our department did remarkable work in accelerating the applications for adoption by Canadian parents. When the earthquake happened, we were contacted by a number of MPs from all parties expressing concern about kids who were abandoned in orphanages and were waiting for a finalization for approval to come to Canada.
In terms of prioritizing or triaging our immigration response to Haiti, we felt it was appropriate to focus on children, who were probably most susceptible to disorder, to a lack of clean water and shelter, to the crisis in general. This is why we proactively contacted parents who had made applications for adoption of Haitian children. We worked with the provincial child welfare agencies responsible for overseeing adoption sponsorships and we worked directly with the orphanages in Haiti and our missions in Port-au-Prince.
I can tell you that as a result of all that, within the first two weeks we succeeded in bringing to Canada about 150 Haitian children to be united with their Canadian families. I want to point out that many of these families were Canadian families of Haitian origin who were helping young Haitians to have a new beginning here. Since then, I think we brought roughly an additional 50 children. There are 203 Haitian children whose adoptions we have accelerated.
In terms of the other cases, we have added, as Madame Deschênes mentioned, resources in Santo Domingo. In Port-au-Prince, notwithstanding the damage caused to our mission there, we've reallocated, and redirected individuals in our Montreal office to be specifically focused on handling inquiries. We opened a designated 1-800 call service for people with inquiries about relatives in Haiti. We triggered extraordinary measures, including accelerated treatment for qualified individuals in Haiti who can be sponsored here as family class.
We have also in a number of cases demonstrated extraordinary flexibility in granting TRVs in extraordinary humanitarian cases.
On the whole, I think our response has been quite remarkable. I would like to commend our officials, particularly those working on the ground in Port-au-Prince and Santo Domingo. As Mr. Coderre points out, once we begin to receive cases that are referred to us by Quebec, we will have several thousand cases: those that were in the queue before the earthquake, the 2,000 or so that have come to our attention since the earthquake, plus some additional ones from Quebec. It will be a challenge.
Because of the limited capacity for medical verification—although that's coming back on stream—we now have a new arrangement. We're back on stream with medical doctors in Haiti who are designated to provide certified medical checks. Of course, we have some logistical challenges regarding security checks because of the destruction of the records in Haiti and the virtual non-existence of the police and the judicial system. But our agents will be using their good sense and due diligence in applying IRPA for applicants to come to Canada, to ensure that they actually are legitimately related to Canadians, that they're qualified to come, and that they meet the medical and security requirements of IRPA.
It's my hope that.... As you see, we've already processed some of these applications, and every week we will be processing more and more. I think the special program will pick up momentum. We have learned lessons from special measures implemented for the Sichuan earthquake, the south Asian tsunami, and so forth.
Minister, I heard your parliamentary secretary talk about transparency. I want to quote a previous minister, Minister Finley, who said:
These principles will ensure Ministerial instructions today and in the future remain fair, open and transparent.
Minister, you talked about timelines. I was on your website this morning and I could see the timeline for processing skilled workers previous to February 27, 2008, was up to 60 months or 78 months.
Minister, you said you were going to update the website every three months. How come you haven't put anything for skilled workers on your website after February 26, 2008?
I'll read you what it says: “Current processing times for Federal Skilled Worker applications received after February 26, 2008 will be available with the next update, in January/February 2010.” We're in March, Minister.
That is the first question, Minister. The second question--
As I mentioned in response to , really my focus and our preoccupation is better outcomes and faster economic integration so that immigration works better for newcomers and for Canada. That is why, after years of stagnation in terms of federal investments in settlement services, our government has more than tripled the federal investment in settlement services, free language classes, and the like.
Ms. Grewal, you're from British Columbia. I'm pleased to say I've met with Dr. Stilwell, my provincial counterpart there. We're working on improving, for example, the services delivered through our devolution agreement with B.C. for settlement services.
Also, I think the changes we've made in immigrant selection for federal skilled workers under the ministerial categories and the action plan for faster immigration will help to better align the skills of newcomers with the jobs that are available in Canada. I should also mention that today we're announcing consultations on those ministerial instructions to make sure they're working for newcomers and for Canada.
I want to reiterate--I say this every time I'm here--that I think one study this committee could do to really substantively help newcomers would be a review of what works and what doesn't in settlement funding. Why is it that only one-quarter of new permanent residents are enrolling in our free language classes? What could we be doing better? We're constantly trying to do that self-assessment internally to determine what kinds of programs work better.
I want to flag another issue for the committee. mentioned COIA--that's the Canada-Ontario Immigration Agreement--through which we agree to fund settlement services in Ontario. I should mention that we're funding far more than the province is even though immigration is a shared jurisdiction.
I also want to say, Mr. Chairman--