MENDEL GREEN: Bill targets refugee claimants and permanent residents

MENDEL GREEN: Bill targets refugee claimants and permanent residents

ANTI-HUMAN SMUGGLING BILL

Like Jason Kenny, the Minister, I am against queue jumping, economic migrants seeking refugee status, fraudulent refugee claims and human trafficking, but reality does not justify the inhumane detention the Government proposes for this new Bill which includes:

Providing the Minister with broad and arbitrary power to determine the right way for refugees to come to Canada and limit their rights to access justice upon arrival;

Mandatory detention, including children and surviving victims of domestic violence, genocide, etc. for a year or longer, including authority to detain on mere suspicion;

Making legitimate refugees wait 5 years before allowing them to apply for permanent residence;
Thereafter, the application process will likely take another 2 years to finalize.

I ask Canadians, including Minister Kenney, that if his wife and children were in jeopardy of being persecuted, threatened with death or abused because of his race, religion, membership in a group or political opinion, would he not sell his home, his possessions and car to find a way to get his family to a safe haven that adheres to the United Nations Convention on Protection of Refugees? Would he not take all the money and pay a smuggler to bring them to a country where he could rely upon the law to protect and save his family? I remind Minister Kenney that he cannot travel by plane, boat or train without a valid passport. Frankly, in countries where persecution exists, individuals cannot simply and legally escape persecution by seeking a visa to travel to a country that adheres to the UN Convention on Protection of Refugees. So what would he do if not try to smuggle his family to a country that protects them?

Common sense must prevail. Canada has one of the most outstanding refugee systems in the world. The only problem with it is that it is underfunded and takes years to complete the process. Security and the identity of claimants are valid concerns. The law as it stands is able to protect Canadian interests. The issue is the lack of resources available for effectively implementing our existing laws.

I am the Founding Chairman of the Canadian Bar Association Immigration Section. In 1987 two boats carrying Tamils arrived off the coast of Newfoundland followed by a boat docking at Halifax carrying 174 Sikhs. The Government reacted almost identical to the way they are acting now without reason, without concern for the reality of true refugees. The Mayor of Halifax wanted to put them back in the boat and sent them back. There was unlawful detention. Parliament was called in for emergency sessions to stop what was considered an outrageous abuse of Canada’s refugee system.

As an example, to date over 80% of Sri Lankan claimants have been determined to be bona fide refugees. These same individuals would, under the proposed Bill, be detained and not allowed access to due process without undue delay. The percentage demonstrates clearly these people have arguable refugee claims. It is therefore important that justice must not only be done but must be seen to be done.

I had the distinct privilege of representing the 174 Sikhs. All I attempted to do in defending the 174 people was to ask the Government to follow the laws of Canada which would weed out the abusers. Of course they did not listen. Fortunately for the claimants, the Government’s efforts were subsequently struck down in court challenges and Canada was able to not only meet her international obligations but continue to rely on due process in protecting her national interests.

I should also point out that the proposed Bill targets not just refugee claimants but also permanent residents of Canada. A scary and unprecedented change that will affect permanent resident of Canada is the provision that on mere “reasonable” suspicion, an officer can, without the need to obtain a warrant, detain permanent residents suspected of having committed crimes and/or violating human or international rights.

It may shock Mr. Kenney that I say the system really works. Just give it the resources to work and the problem will go away.