Protecting Canada’s Immigration System Act (Bill C-31) (B)

Elizabeth May: Mr. Speaker, this bill has a number of aspects that are likely to be found in violation of the Charter of Rights, particularly the section allowing detention without access to counsel for up to one year for any group of people coming to Canada designated by the minister, without criteria, as an irregular entry. I find that the most egregious section, but there is much in this very complex bill that is worrying.

There are very tight timelines for people arriving here to make a decision and to file within 15 days their appeal and to find a lawyer. There is unrealistic pressure on people coming to our shores, including the requirement that people be put in detention up to one full year without access to counsel.

Would the hon. parliamentary secretary explain how this would pass a charter challenge?

Chungsen Leung: Mr. Speaker, I do not agree with the premise of that question. Anyone who comes to this country and is landed would be given the full treatment under the charter in recognition of their refugee claim. Whether they are detained or not, I think it is grossly unfair to have them wait over thousand days before we process their refugee claims. I think 35 days is much more humane and fair. It would certainly be a swift removal so that they would know exactly where they stood with respect to their refugee claim.