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Thursday, April 6, 2000
New refugee bill tabled
By SUE BAILEY -- Canadian Press
OTTAWA (CP) --
A revamped Immigration Act introduced Thursday would crack down on human
smuggling and refugees who are criminals while welcoming the "best and
brightest," said a tough-talking Immigration Minister Elinor Caplan.
"Closing the back door to those who would abuse the system
allows us to ensure that the front door will remain open," said Caplan.
"Our priority is the safety and national security interests
of Canada. We are not going to be a place that welcomes serious criminals,
terrorists, war criminals or those who committed crimes against humanity.
"If they managed to get here, we want them out of here as
fast as possible."
The new act would safeguard Canada's
humanitarian tradition toward genuine refugees but deter queue-jumpers and
crooks, Caplan said.
| Some Canadian immigration and
refugee facts: |
About 400,000 people around
the world are waiting to immigrate to Canada.
The government
wants to increase the number of newcomers, and has stressed that
immigration spurs the economy and helps all of Canada.
Thirty thousand people arrive each year seeking protection
from persecution back home.
Another 7,300 refugees will have
a chance to relocate in Canada in the coming year, plus 10,000
private- and government-sponsored refugees.
A backlog of
24,000 refugee claimants are waiting to have their cases decided.
Proposed amendments to the Immigration and Refugee Protection Act
are supposed to streamline that process.
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But she left the door open for proposed amendments
to some of the harsher aspects of the bill, saying a Commons committee may
well propose some.
Refugee advocates said the toughest
changes stem from right-wing panic whipped up last summer as ships loaded
with 600 illegal Chinese migrants landed on the West Coast.
"I didn't understand the hysteria at the time," said
Alistair Boulton of Vancouver, vice-president of the Canadian Council for
Refugees.
"I think we'll ultimately look back in shame at
it."
Those who arrive illegally in Canada by plane, boat or
other means would be detained under the new act, Caplan said, to keep
smuggled migrants from fleeing and protect them from those who'd enslave
them for passage debts.
"It removes the economic incentive
from the human smugglers and traffickers. It does not give them access to
their profits, which are those people who put themselves into their
clutches."
New rules that would also detain undocumented
refugee claimants worry Janet Dench, executive director of the Canadian
Council for Refugees.
"You're talking about people who've
been persecuted and to lock them up upon arrival is not much of a way to
welcome them."
The new act would streamline refugee backlogs
and bar "serious criminals" from claiming refugee status, Caplan said,
including anyone convicted of a crime punishable in Canada by up to 10
years in prison or who was sentenced to two years or more in their home
country.
Non-violent crimes or those persecuted for
politically-motivated reasons -- such as South African freedom-fighter
Nelson Mandela -- could be included under that definition, Caplan
conceded.
Those refused a refugee claim on that basis could
still seek a Federal Court review, but such a hearing is not guaranteed.
Caplan said the new Immigration and Refugee Protection Act
would:
- Create penalties of up to $1 million and life in prison smuggling
illegal immigrants into the country.
- Determine whether applicants qualify as refugees in six months for
regular cases, three months for those in detention. The process
currently takes about a year.
- Up-front security checks of all refugee claimants to weed out
criminals and terrorists. Such checks are now done months later when
claimants apply for landed status or citizenship.
- Clarify grounds for detaining refugees. Illegal migrants, those
without documentation and those who are "uncooperative" could be held.
- Allow fewer appeals that delay removing refugee applicants with
serious criminal records.
- Suspend claims for refugees charged with crimes until courts rule.
A backlog of about 24,000 refugees claimants
should be more quickly cleared under the new act and those slated to be
removed from the country would have just one judicial appeal.
"Decisions will be made more quickly . . . (and) will be
fairer," Caplan said.
"And we will not see as many appeals
to the courts and judicial reviews which have frustrated everyone,
including myself."
Advocates were pleased that those refused
refugee status would be given an appeal.
About 400,000
people around the world want to immigrate to Canada and about 30,000
arrive each year seeking protection.
About 35 per cent of
refugee claimants don't make it. Caplan said she doesn't expect that
proportion would change much, even with tougher restrictions in the
proposed act.
Canada should be able to give newcomers fair
hearings in weeks, "not months or years," said Canadian Alliance MP Leon
Benoit.
The proposed new act doesn't do enough to help
people waiting years to be reunited with families, nor will it reach
"untouchable" people smugglers protected by organized crime rings, he
said.
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