New bill seeks life term or $1 million fine for `human trafficking'

OTTAWA - A massive overhaul of Canada's immigration laws would make ``human trafficking'' an offence punishable by a $1 million fine or life in prison.

And the government has proposed a sweeping crackdown on immigrants and refugees with criminal records that would strip away many appeal rights, Citizenship and Immigration Minister Elinor Caplan announced yesterday.

But the immigration bill that slams the back door also opens the front by expanding the family class, making it easier for people married to Canadians to get into Canada and allowing rejected refugee claimants a full appeal.

Caplan yesterday chose to emphasize the tough enforcement proposals already causing an outcry among lawyers and human rights advocates.

``I will not mince words. It is a tough bill,'' Caplan said after tabling a bill in the House of Commons that would radically revamp the Immigration Act for the first time since 1976.

Caplan has come under intense pressure since last summer's arrival on the West Coast of 600 Chinese migrants brought by people smugglers.

She wants migrants who come here using smugglers to be detained throughout their refugee hearings, and insists that drastic new penalties for smugglers should deter the trafficking in humans.

Caplan has also proposed a streamlined refugee determination system that would collapse several reviews into one, cranking genuine refugees through the system in six to nine months with unsuccessful attempts taking up to two years. Rejected refugee claimants would get the right to a full appeal on the merits of the case within the refugee board.

A number of other measures would open up the immigration system.

The family class would be expanded; in addition to sponsoring spouses, fiancés, parents, grandparents and dependent children, Canadian residents would have one chance in a lifetime to bring in any other relative.

The definition of dependent children would be changed, from under 19 to under 22. And for the first time, same-sex partners and common-law partners could be sponsored under the family class.

People married to Canadians would be able to apply for permanent residence from inside Canada.

The new act also recognizes the concept of ``dual intent,'' that someone who comes to Canada on a temporary visitor visa could legitimately decide to apply to stay permanently.

Critics say the new human trafficking penalties are a gross overreaction and amount to window dressing since the chances of prosecution are slim.

``It's a reaction to the right-wing frenzy, frankly, that was whipped up,'' said NDP immigration critic Pat Martin.

``The increasing preoccupation with criminality and security has detrimental effects on refugees,'' said Sharryn Aiken, past president of the Canadian Council for Refugees.

But the Canadian Alliance party - which has long advocated many of the measures Caplan has adopted - said the bill is not tough enough and will attract more illegal immigrants.

``By expanding the definition of refugee as is done in this act, Canada will continue to be a target for illegal immigration,'' immigration critic Leon Benoit told reporters.

And Benoit said it is unacceptable that it will still take up to two years to resolve refugee claims.

Caplan said she would consider amendments.

The new measures would classify as ``serious criminals'' refugee claimants and permanent residents sentenced to jail for two years or more.

The offence must be severe enough to carry a potential sentence of 10 years or more.

Such ``serious criminals'' would be lumped in with terrorists and war criminals and would face deportation with no right to appeal and only a limited review of their case.

Refugee claimants who classify as ``serious criminals'' would be denied any chance at a refugee hearing and could only stay in Canada if they could convince immigration officials that they would face danger if deported.

And Caplan made clear yesterday she wouldn't hesitate to deport criminals, even those who risk torture.

``It's the same basket. War criminals, terrorists, serious criminals,'' she said. ``Our priority is the safety and national security interests of Canada. Criminals are inadmissible.''

The new criminal measures also affect permanent residents who have been granted landed immigrant status in Canada. Under the old system, a permanent resident could face deportation if convicted of a crime that could carry a potential sentence of 10 years. But permanent residents had the right to an appeal hearing before deportation.

That right is stripped away.

Under the Criminal Code, such offences as drunk driving causing bodily harm, impersonating someone with intent to commit a crime, and credit-card fraud could be punishable by 10 years in jail.

There are other important changes that affect landed immigrants already in Canada.

Most people on welfare would not be able to sponsor family members as immigrants, and those convicted of spousal abuse or in default of spousal- or child-support payments would also be precluded from sponsoring.

All landed immigrants will have to renew their permanent residence every five years, and prove that they have been physically present in Canada for a cumulative period of two years out of the previous five.

If landed immigrants lose their status for staying out of the country too long, they will lose the right to a full appeal hearing of that decision.

And prospective immigrants outside Canada lose the right to appeal the decisions of visa officers who reject their applications.