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  • Jun/14/22 2:00:00 p.m.

Hon. Jean-Guy Dagenais: Minister, just this morning, the Journal de Montréal reported that an individual accused of sexually assaulting a 14-year-old girl in Georgia fled the United States and has been living in Canada since 2018. He entered Canada via the infamous Roxham Road and claimed refugee status. Four years later, this criminal is still taking advantage of our system and is fighting in court, at our expense, to avoid being sent back to the United States.

Minister, how do you explain how this man is still in Canada after four years of legal battles? Also, can you tell us how many known criminals have taken advantage of Roxham Road to hide in Canada and how many have been deported?

[English]

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  • Jun/14/22 2:00:00 p.m.

Hon. Pierre J. Dalphond: Thank you for being here today, minister. We’ve heard a lot of questions about work visa backlogs. The wait can be up to 13 months, but we need to shorten these wait times if Canada is to remain competitive.

What would be your ideal target for processing foreign worker applications? Four months, five months? What measures have been implemented to achieve the target processing time that the department has set or that we should set?

[English]

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  • Jun/14/22 2:00:00 p.m.

Hon. Kim Pate: Thank you, Minister Fraser, for joining us. As you know, too many children who come to Canada as immigrants and refugees can end up in the care of the state through no fault of their own. That means the state becomes their parent, and it can be a very quick slide from child welfare into the criminal legal system, which is where they often find out for the first time that they are not citizens. Only unrelenting advocacy and last-minute interventions by the government have currently been accessible to prevent such deportations.

Minister, what does your government intend to do to stop these children from falling through the cracks? Will you commit to the solutions found in Senator Jaffer’s Bill S-235 that could help protect these vulnerable people?

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  • Jun/14/22 2:00:00 p.m.

The Hon. the Speaker: Are honourable senators ready for the question?

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  • Jun/14/22 2:00:00 p.m.

Hon. Percy E. Downe: Minister, in my first question to you I asked if a criminal conviction background check is conducted for all applicants for a study permit in Canada. Obviously, the answer is no.

In the case I mentioned earlier in which an international student sexually assaulted a young woman, he pleaded guilty and received a conditional discharge rather than a criminal conviction. Thus, he would not have to leave Canada before completing his studies at the University of Prince Edward Island.

Since this was not the first case involving someone on a study permit who committed a sexual assault but didn’t receive a criminal conviction, Islanders are wondering if the threat of deportation and therefore having to leave their studies is being used as a “get out of jail free card.”

The woman has paid a high price for the sexual assault. She quit her job, suffers panic attacks and is fearful of being in stores and near strangers, while the international student gets to finish his degree.

Minister, for the safety of all Canadians, why is it not mandatory that all applicants for study permits — rather than merely the ones who mention a criminal record on their applications — be required to pass a criminal background check prior to the study permit being issued?

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  • Jun/14/22 2:00:00 p.m.

Hon. Peter M. Boehm: Thank you, minister, for joining us today.

I want to ask you about an initiative undertaken by students at Wilfrid Laurier University, one of my alma maters. It’s called the International Students Overcoming War initiative. They have added, through a referendum, an $8 levy to their tuition fees so they can fund the placement of students from war-torn countries and regions at the university. There are some who are graduating. They have also come to Ottawa and met with your parliamentary secretary, I believe, and I think with your staff.

So far, 23 students have gone through this program. They have been very successful. Whether they go on to the permanent residency path or return to their countries and make contributions, it has been a success.

Is there something the government can learn from this particular initiative, which is privately done but at the initiative of our young leaders?

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Hon. Mobina S. B. Jaffer, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented the following report:

Tuesday, June 14, 2022

The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its

SIXTH REPORT

Your committee, to which was referred Bill S-4, An Act to amend the Criminal Code and the Identification of Criminals Act and to make related amendments to other Acts (COVID-19 response and other measures), has, in obedience to the order of reference of March 31, 2022, examined the said bill and now reports the same with the following amendment:

1.New clauses 78.1 and 78.2, page 37: Add the following after line 7:

Your committee has also made certain observations, which are appended to this report.

Respectfully submitted,

MOBINA S. B. JAFFER

Chair

(For text of observations, see today’s Journals of the Senate, p. 715.)

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  • Jun/14/22 2:00:00 p.m.

The Hon. the Speaker pro tempore: Pursuant to the order adopted by the Senate on December 7, 2021, Question Period will begin at 3:30 p.m.

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  • Jun/14/22 2:00:00 p.m.

On the Order:

Resuming debate on the motion of the Honourable Senator Coyle, seconded by the Honourable Senator Deacon (Nova Scotia), for the second reading of Bill S-9, An Act to amend the Chemical Weapons Convention Implementation Act.

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  • Jun/14/22 2:00:00 p.m.

Hon. Donald Neil Plett (Leader of the Opposition): Minister, I’m sure we’ve all heard the saying, “There is no end to what you can accomplish if you don’t care who gets the credit.” On May 3, 2022, minister, your parliamentary secretary told the other place that the NDP-Liberal government did not support a proposal in Conservative MP Kyle Seeback’s private member’s bill — Bill C-242 — to allow super visa applicants to purchase private health insurance from foreign companies. She told the House it would be risky and too complex.

A week ago, minister, your government completely changed its tune, and you, minister, issued a press release which passed off two of the three proposals put forward by MP Seeback on Bill C-242 as your own.

Minister, why didn’t you show any respect for your House of Commons colleague by simply acknowledging his work? Why did you pass off Mr. Seeback’s proposals as your own?

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  • Jun/14/22 2:00:00 p.m.

Hon. Sean Fraser, P.C., M.P., Minister of Immigration, Refugees and Citizenship: Thank you very much to one of my Senate colleagues for the question.

Let me be quite clear: I’m actually very grateful for my colleague Mr. Seeback’s work. I sent him a note in the House of Commons to that effect because I think he’s done something important by putting some ideas down in the private member’s bill. I don’t think that the private member’s bill, as it was crafted, had accomplished things in exactly the correct way.

For those of you who might not be completely familiar with the program, the super visa provides an opportunity for family reunification for people who may not have qualified under a permanent residency program —

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  • Jun/14/22 2:00:00 p.m.

Hon. Tony Loffreda: Minister Fraser, thank you for joining us today. I want to discuss infrastructure. I strongly support your government’s intention to welcome over 1.3 million new Canadians in the next three years. Our economy actually depends on that, and hopefully it will contribute to correcting our labour shortages. But it’s one thing to welcome thousands of new citizens to our country, and it’s a whole other thing to properly integrate them by ensuring we have the infrastructure to adequately support and address their needs.

What discussions are you having with your cabinet colleagues and provincial counterparts to ensure that Canada is best positioned to meet the infrastructure needs of its immigrants? I’m talking about community centres, schools and hospitals. A population of 1.3 million Canadians is bigger than Ottawa — it’s the size of Calgary. If we are going to welcome 1.3 million new immigrants, we need infrastructure.

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  • Jun/14/22 2:00:00 p.m.

Hon. Patricia Bovey: Thank you for being with us, minister. My question from Senator Klyne regards the evacuation of interpreters who worked for the Canadian Armed Forces prior to the Taliban seizing control of Afghanistan this past summer.

Canada has faced significant criticism for how it handled the evacuation of those interpreters during the crisis. There is confusion about the process used to determine which employees were evacuated, ongoing concerns for the well-being of those left behind and worries that Canada may have difficulty enlisting the services of interpreters the next time we’re on foreign soil.

Do you share those concerns? What process did your department follow to triage, prioritize and expedite the extraction of Afghan citizens who risked their lives for our Armed Forces?

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  • Jun/14/22 2:00:00 p.m.

Hon. Sean Fraser, P.C., M.P., Minister of Immigration, Refugees and Citizenship: That is a question that involves specific details of an individual going through a process. Realistically, we have processes in place to ensure we can do a proper screening when a person makes an asylum claim.

It’s not lost on me — nor is it lost on the government — that we need to continue to advance negotiations with the United States to modernize the Safe Third Country Agreement. The challenge of irregular migration is one that impacts countries all over the world. Canada is unique in the fact that we’re surrounded by three oceans and have the United States to our south. It is not as great a problem for us as it is for many others. But when we have an individual who seeks to enter Canada contrary to the rules, makes what could potentially be an asylum claim without having the grounds to justify one, particularly when fleeing the laws of another jurisdiction, that’s why we have extradition treaties. When we find someone who is trying to escape justice and makes a false claim for asylum, they will be subject to those extradition treaties.

This is a particularly egregious example that you have just raised. Again, without all of the facts before me, it serves as a justification for me to continue my work to help modernize the Safe Third Country Agreement so we have a better understanding with the United States about how to manage the longest undefended border anywhere in the world.

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  • Jun/14/22 2:00:00 p.m.

Hon. Colin Deacon: Thank you, Minister Fraser, for being with us today.

Following on from Senator Gerba, you know that there is a major labour and talent shortage right across our economy. As a result, I want to ask about attracting and fast-tracking more skilled talent for our innovation sector.

Last week, the United Kingdom launched its High Potential Individual visa stream for global top talent to come to the U.K. Distinct from Canada’s Global Talent Stream, individuals do not require a job offer, and eligible individuals would have the flexibility to work or switch jobs or employers. Additionally, they could extend their stay and obtain permanent residency within the visa category.

I have two questions. Have you looked into the possibility of developing a similar high-potential tech talent visa program in Canada, as suggested by organizations like the Council of Canadian Innovators? And in what ways might the start-up visa program be modified to more successfully attract entrepreneurial tech talent to Canada? Thank you.

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  • Jun/14/22 2:00:00 p.m.

Hon. Sean Fraser, P.C., M.P., Minister of Immigration, Refugees and Citizenship: Thank you very much. Let’s put this in the appropriate economic context. Our economy is firing on all cylinders. About 115% of the jobs lost during the pandemic have now come back; GDP is ahead of prepandemic levels; and the unemployment rate is at the lowest level — forget the pandemic — ever recorded in Canada. Despite these successes, we have hundreds of thousands of job vacancies. We need to focus on growth as we come out of this pandemic to ensure that our economy can provide the services we need.

On the first question, right now my starting point is that the Global Talent Stream is a very good program. To the extent that we can tinker with it to take advantage of the existing opportunities in the economy to attract the world’s talent, all of whom seem to be thinking about what their next move might be right now, we should do so. We don’t have a big announcement to make in the short term, but to the extent that we want to have a follow-up conversation, please know I’m always very interested.

Regarding your second question on the start-up visa, we need to start asking ourselves this: Should we be dedicating resources to both the incubator and the angel stream? Should we be expanding the numbers in what is potentially a modest program by comparison to other streams but also taking a look at the eligibility criteria under the start-up visa to see if we should broaden the scope to expand access for high-growth firms that might not be in the fairly narrowly defined sector that has access today? That will be part of the consultation I will be doing over the summer in advance of next year’s immigration levels plan. I believe the Start-up Visa Program has immense potential to attract people to Canada who will help to create wealth and grow our economy, and do it in a way that leads to more Canadians working for those businesses rather than taking the approach some other countries have taken, where you can more or less buy your way into a legal status in a particular country.

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  • Jun/14/22 2:00:00 p.m.

Hon. Dennis Dawson: Honourable senators, on behalf of the Progressive Senate Group and Senator Cordy who couldn’t be here, I would like to address a few words to the family.

There are numerous reasons why people gather. Many of them are happy, many of them are sad. No matter the occasion, it is undoubtedly better when we are able to mark it with others. It is this important connection that has been missing for us over the course of the last two years as we navigate the pandemic. We are all knit in this together, together and apart. These were crucial statements to keep our family and friends safe.

As things open up somewhat, we are better equipped to manage COVID. We must now catch up with the occasions we were unable to properly mark.

[Translation]

One such occasion is the passing of our former friend and colleague Yoine Goldstein. Many of Yoine’s family members are with us today, and I want to give them my regards. I hope they will find a measure of comfort in this belated commemoration of his life and, more specifically, his time in the Senate.

[English]

Senator Larry Campbell and I were sworn in at the same time as Yoine, and it marked us. I know that Yoine really appreciated the time he spent with us here in the Senate.

[Translation]

Yoine was born in Montreal in 1934. He received a Bachelor of Arts and a Bachelor of Civil Law with distinction from McGill University. During his studies at McGill, he was selected as the articles editor for the McGill Law Journal. In 1960, he obtained his Doctor of Laws from the Université de Lyon and was called to the Quebec Bar the following year. He was recognized nationally and internationally for his expertise in insolvency, bankruptcy and commercial litigation.

[English]

He became an advocate for Canadian students and reforms to the system to ensure that post-secondary education would not saddle them with an insurmountable financial burden. More directly, he also worked with students, sharing his knowledge as a lecturer from 1973 to 1997 at the Faculty of Law at the University of Montreal. Named to the Insolvency Institute of Canada, Yoine was also the only Canadian made to be a fellow of the American College of Trial Lawyers and the American College of Bankruptcy.

Very active in Montreal’s Jewish community — and I’m sure my friend Marc Gold will elaborate on that — Yoine was president from 1995 to 1997 of the Federation CJA, a funding and planning coordinating body for the Jewish community in Montreal. He was also a member of the community advisory board of the Concordia University Chair for Canadian Jewish Studies.

[Translation]

Although he served only four years with us here in the Senate, Senator Goldstein made a significant impact. Not surprisingly, he made a valuable contribution as a member of the Standing Senate Committee on Banking, Trade and Commerce. He was a strong advocate for human rights, often speaking out about tolerance, respect and social justice around the world. His descriptions of the situation in Darfur were particularly important. Internationally, he represented Canada and Canadians at the Parliamentary Assembly of the Council of Europe.

[English]

Senator Goldstein appreciated his time in this place and the opportunity to serve Canadians. In his farewell speech, he said:

Canada is not only physically beautiful; it is a country that has a soul. . . . It is evidenced by the sincere desire and intent of all political parties to make Canada better and, indeed, to try to make it the best it can be.

[Translation]

A country can ask no more of its citizens.

Here is my wish for his wife, Elaine, his children and the rest of his family: I hope you know that he achieved his goals in spades. I know you are still grieving his loss, but I hope the memory of Yoine and this farewell to a dear friend and colleague will help you feel a little better.

[English]

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