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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.


 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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