Friday, July 30

JANE ARMSTRONG
British Columbia Bureau
Friday, July 30, 1999

Vancouver -- When first rescued off the coast of Vancouver Island, exhausted and famished after 38 days at sea, 123 illegal Chinese immigrants were offered food, shelter and access to an immigration system considered among the most generous in the world.

Most of the questions posed to immigration and police officials concerned the health and well-being of the people saved from the hold of a filthy trawler.

That was last week. Nine days later, after a hunger strike by the immigrants and a lockdown prompted by the discovery of homemade weapons at the Esquimalt detention centre where they have been held in a gymnasium, critics say Canada has been too lax. They say that, once again, Canada is being played as a dupe by individuals who are expert at finding loopholes in immigration laws.

Leading the criticism are Reform Party members, who say illegal Chinese immigrants are flooding the coasts and airports of most developed Pacific Rim countries. What sets Canada apart, they say, is that other countries, namely the United States, Australia and even tiny New Zealand, have responded with tough measures that have stanched the flow of illegal immigrants.

Canada alone has failed to act, Reform justice critic John Reynolds said yesterday. Mr. Reynolds, MP for West Vancouver-Sunshine Coast, said Canadians are frustrated with the kid-glove treatment of people who break the law to enter the country. He was particularly angered to read that Immigration Canada officials released 11 juveniles into a halfway house operated by B.C.'s Ministry for Children, only to have ministry staff send three back to detention because the authorities were not convinced that they were indeed under 18.

"In the U.S., those people would have been in a cell, not a gym," Mr. Reynolds said. "It's an insane process. They let those people go [to the halfway house] knowing that they might never see them again."

On Wednesday, Mr. Reynold's colleague, Leon Benoit, said Australia and the United States have responded quickly to the escalating worldwide problem of human smuggling. Mr. Benoit said Australia and New Zealand have enacted laws that give authorities the right to turn away unmarked ships. The United States can immediately turn away people whose claims appear to be bogus, he said.

However, Australian officials interviewed said the country has no such law. Similarly, U.S. officials conceded that while they have the power to immediately deport a person who is deemed to have no grounds to qualify as a refugee, most claimants are given the benefit of the doubt and granted a hearing.

And while it is true that both countries are struggling with an increase in human smuggling and have responded with tougher legislation, neither has declared the problem solved.

Both countries also note that while boat arrivals are by far the most dramatic and dangerous method of illegal entry and that they have beefed up their respective coast guard patrols, most of the world's undocumented refugee claimants arrive at airports.

Finally, each country has different immigration pressures, and their responses have been tailor-made for these needs. Australia, for example, has 37,000 kilometres of coastline, so it has chosen to spend $124-million on increased surveillance, including the purchase of two Canadian-made Dash 8s.

The United States, the destination of choice for Chinese immigrants, has expedited the removal process for people who immigration officials believe do not have valid claims.

But while illegal Chinese immigration is a major concern in the United States, the worst problem by far is the illegal entry along the southwestern border of people from Mexico and Central America.

Officials from the United States and Australia say the main culprits they are seeking to catch with stricter immigration measures are the ringleaders.

Both countries have increased penalties for human smuggling. Earlier this year, Australia created a new criminal classification for those who organize the illegal entry of groups of five or more people. Those convicted of the offence face a 20-year sentence and a fine of up to $220,000.

However, there was never a suggestion that ships containing illegal immigrants be turned back.

"We don't turn boats away at sea," said Steven Weeks, Principal Migration Officer with Australia's High Commission in Ottawa. "We have legal and humanitarian obligations -- just like Canada."

Rather, once a boatload of illegal immigrants arrives in Australian waters, the passengers enter a refugee-claims process much like Canada's. The average case takes about one year. Those refused refugee status can appeal to the immigration tribunals and later the courts, Mr. Weeks said.

In Canada, meanwhile, federal Immigration Minister Lucienne Robillard has said she does not intend to turn back boatloads of refugees. Canada's immigration and refugee policy, however, is under review.

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