Faster Removal of Foreign Criminals Act (Bill C-43)

Elizabeth May: Mr. Speaker, I want the parliamentary secretary to speak directly to one clause of the bill which as I mentioned in my speech I find to be the most egregious. It is not tied, as I can see it, in any way, shape, or form to criminality or criminal behaviour. Clause 8, which creates new section 22.1, states:

The Minister may, on the Minister’s own initiative, declare that a foreign national, other than a foreign national referred to in section 19, may not become a temporary resident if the Minister is of the opinion that it is justified by public policy considerations.

I have looked through the bill and there is no definition or criteria with respect to “public policy considerations”. Why does this clause stand alone in blocking temporary residents without any connection whatsoever to the various issues that the parliamentary secretary has told us are the driving force of the bill, in other words, criminality? No criminality is mentioned in clause 8 as an exclusion for people coming to Canada.

Rick Dykstra: Mr. Speaker, the committee spent a great deal of time dealing with proposed section 22.1.

It should be clear that the provision would create a new authority that would allow the Minister of Citizenship and Immigration to declare that a foreign national may not become a temporary resident where the minister is of the opinion that such a decision is justified on the basis of public policy considerations.

As the member knows, and she has been here long enough to understand, there is the legislative side of how we deal with a particular implementation strategy of a law and there is the regulatory side of a piece of legislation, which supports the clause and which comes into direct implementation when the bill receives royal assent and implementation begins.

I should let the member know and she should understand that while we dealt in great detail with how we would formulate this, the ministry officials, the assistant deputy minister and in fact the deputy minister, indicated that regulations regarding how this piece of legislation would be implemented and carried out would be defined within the regulatory framework that would support this piece of legislation.