CIMM Committee Report

Supplementary Opinion to the Report

Conservative Party of Canada

May 15, 2023

Introduction and Context

Conservative Members of Parliament were pleased to participate in the study of irregular border crossings at the Roxham Road location near St. Bernard de Lacolle, Québec. Conservatives support legal, orderly and a compassionate immigration system through existing lawful processes. There exists many legal and safe means for newcomers and immigrants to establish themselves in Canada and make important contributions to our society and the Canadian economy.

The Liberal government created the problem of unlawful crossings at Roxham Road. Large scale, systemic irregular border crossings at Roxham Road began in earnest with Justin Trudeau’s January 2017 tweet: “To those fleeing persecution, terror & war, Canadians will welcome you, regardless of your faith. Diversity is our strength #WelcomeToCanada.” Trudeau’s irresponsible tweet was widely reported as sending a clear signal that Canada would stop effective border enforcement of its laws and would allow criminal human trafficking networks to profit from the desperation and misery of people fleeing conflict, poor economic conditions and persecution in other countries. Canada had an orderly and welcoming system that was well designed to provide a place of refuge for decades until this irresponsible tweet. Since that time, the Liberal government has spent more than $500 million setting up facilities and accommodations and addressing other needs of the Roxham Road migrants. In the 2023/24 Budget, an addition $1 billion is provided for these tasks.

Eight years of the Trudeau Liberals have brought more people than ever crossing our border outside lawful points of entry. When Justin Trudeau formed government, asylum seekers intercepted by the RCMP were measured in hundreds. Last year alone, nearly 40,000 asylum seekers crossed the border, with more than 100,000 arriving since 2017. Roxham Road will cost Canadian taxpayers over a billion and a half dollars, putting enormous strains on services in our provinces and cities.

The Safe Third Country Agreement

The Safe Third Country Agreement (STCA), as the committee heard during witness testimony, is the treaty signed by the governments of the United States and Canada by a previous Liberal government. The agreement specifies that where an asylum seeker first lands is where they must make their refugee claim.  However, at the time that the committee undertook it’s study the STCA only applied to official ports of entry, and not irregular crossings such as Roxham Road. The designation of safe third countries is consistent with international law and countries such as the United States of America, its with vibrant, liberal democracy is indeed a safe country for refugees as noted by the Minister of Immigration, Refugees and Citizenship as well as government lawyers before the federal courts.

During the hearings, Conservative MPs consistently called for the Trudeau Government to enforce the SCTA equally across Canada’s entire land border. Multiple times, the Minister of Immigration, Refugees, and Citizenship Sean Fraser, argued that the government was engaged in negotiations with the United States but would not agree to Conservative demands to apply the STCA equally across all of Canada.

On March 24, 2023, the President of the United States, Joseph R. Biden, made an official visit to Canada and delivered a speech to the House of Commons. At that time, it was revealed by the US Federal Register that the Canadian and American governments had indeed signed an “Additional Protocol” to the STCA in March of 2022; Minister Fraser signed the agreement on behalf of Canada. Effective, 12:00am the following day on March 25^th, the updated STCA began applying equally to the entirety of Canada’s land border, as Conservative MPs had called for. In fact, on February 21, 2023, the Leader of the Official Opposition, the Honourable Pierre Poilievre, called for the Roxham Road border crossing to be closed within 30 days. Prime Minister Trudeau and other cabinet ministers claimed it was not so easy, too simplistic and offered other excuses when they already knew the border was to be closed having agreed to the “Additional Protocol” nearly a year before.

Official Opposition Shadow Minister of Immigration, Refugees, and Citizenship Tom Kmiec tabled a motion to have Minister Fraser reappear at the committee and explain the discrepancy between his remarks and the fact that he had signed the new STCA months earlier. The motion read:

That, pursuant to Standing Order 108(2), the Minister of Immigration, Refugees, and Citizenship and department officials be invited to appear before the Committee to update it on the 2022 Additional Protocol to the 2002 Canada-U.S. Safe Third Country Agreement signed by the Government of Canada on March 29, 2022, by the Government of the United States of America on April 15, 2022, with a coming into effect on March 25, 2023.

Unfortunately, due to the NDP-Liberal coalition this motion did not proceed, and the committee was unable to get the answers needed.

Recommendations

Conservative Members make the following recommendation:

1)      That the Minister of Immigration, Refugees, and Citizenship provide a written update to the Committee on the 2022 Additional Protocol to the 2002 Canada-U.S. Safe Third Country Agreement signed by the Government of Canada on March 29, 2022, by the Government of the United States of America on April 15, 2022, with a coming into effect on March 25, 2023.

Additionally, Conservative Members of Parliament wish to state that they agree with all recommendations put forward in the main report except for recommendation nine. While Conservatives believe that it is incumbent upon the Department of Immigration, Refugees and Citizenship to deliver government services in a timely and efficient manner it is not necessary to create new processes such as deputizing the Canada Border Services Agency to act on their behalf as a paper delivery service.

Conclusion

Conservative Members are disappointed with the Trudeau Government’s handling of irregular border crossings at Roxham Road. It is clear that Justin Trudeau had the ability to shut down Roxham Road at any time, as was done during COVID restrictions. The agreement to close Roxham Road was signed a year ago. This means there was nothing stopping Justin Trudeau from closing Roxham Road anytime in the last year. Instead, he chose to allow the chaos at our borders to continue.