Ms. Jenny Kwan (Vancouver East, NDP)
Mr. Speaker, I rise today to speak in the House to Bill C-23, an act respecting the preclearance of persons and goods in Canada and the United States. I also want to thank the member for Beloeil—Chambly for moving the recent amendment that is before us today related to Bill C-23.
I will outline the reasons I support the recent amendment against the background of where we are today. To do that, I must first point out that the conditions present when the bill was drafted and tabled simply are not the same conditions we are seeing today, and frankly, they are unlikely to revert back anytime soon. What are those changing conditions? Let me state the obvious for the government members, as they have chosen, in my view, to stick their heads in the sand and turn a blind eye to what is happening right under their noses.
As the NDP critic for Immigration, Refugees and Citizenship, I have been compelled on many occasions since the election of President Trump to speak out against the discriminatory immigration and humanitarian policies being enacted by our neighbours south of our border. Unfortunately, despite a welcoming plea to immigrants and refugees by the Prime Minister, the government has failed to match its words with action. Instead, the Prime Minister has chosen to turn a blind eye to the politics of fear and division the Trump administration is fanning against the immigrant and refugee community, most particularly the Muslim community. The government continues to remain silent. Worse, the Minister of Immigration, Refugees and Citizenship has gone so far as to suggest that nothing has changed. Anyone can see that plenty has changed since Trump was elected.
Hundreds of refugees have been forced to risk life and limb to cross illegally into Canada. In fact, the number has more than doubled, and in some cases even tripled, since Trump was elected. Since Trump was elected, there has been constant consternation about the situation, not just here in Canada but in the international community as well. One might ask why these refugees would risk their lives and limbs. They are doing it because they are desperate, because for them, the U.S. is no longer a safe haven.
Border communities are struggling to cope. Yesterday the Province of Manitoba announced that it will put resources into housing and resettlement for these asylum seekers. The Province of Manitoba has actually called for a federal, coordinated response, yet the federal government is missing in action.
Canadians are faced with racial profiling at the U.S. border, and the Prime Minister is busy, frankly, sucking up to Trump and will not even bring those cases to the President's attention. Instead, incidents of hate have reared their ugly heads, and we are seeing them in communities across this country.
The Prime Minister will not stand up and call out Trump's politics of fear and division. New executive orders are on their way, and so far, media reports suggest that these new executive orders will be strikingly similar to Trump's failed discriminatory orders. Perhaps the worst is yet to come.
It is with this information in mind that we must be examining Bill C-23, and not based on the situation when the agreement was signed under the Obama presidency. It is imperative that this legislation be examined under this drastic shift in conditions.
Let me say at the outset that while New Democrats will always be in favour of making it easier to access and cross the border, it must be noted that we feel strongly that this must never be done at the expense of Canadians' rights, privacy, and human rights. This is especially the case when those rights are compromised on Canadian soil. Many of my constituents are very concerned about Bill C-23 and are wondering what the implications are in practical terms, especially in the current troubling climate of uncertainty that has been created by the Trump administration.
Let me be clear. Bill C-23 would not address the concerns Canadians have regarding being interrogated, detained, and turned back at the border based on their race, religion, travel history, or birthplace as a result of policies that may contravene the Canadian Charter of Rights and Freedoms.
In fact, Bill C-23 would increase the powers of U.S. officers on Canadian soil. Let me start with the issue of firearms. If Bill C-23 passes, it would mean that U.S. customs and border protection officers would be authorized to carry firearms in pre-clearance areas in land, rail, and marine stations. In fact, this bill could violate Canadian sovereignty by increasing the powers of American pre-clearance officers on Canadian soil with respect to the carrying of firearms and by not properly defining the criminal liability framework.
What we know is that the way U.S. customs and border protection carries out its national security mandate is very different from that of the Canada Border Services Agency. Many studies have shown that officers are trigger-happy, frankly, and use lethal force much too often. This should be a major concern for Canadians.
However, the authority that would be granted to U.S. customs officers would not stop there. The adoption of Bill C-23 would also mean that strip searches could be conducted by American pre-clearance officers. While U.S. customs officers would have to ensure that a CBSA officer of the same sex as the traveller was present during a strip search, if one was not available or declined to conduct a strip search, a U.S. customs officer would be authorized to do the search. This would be especially problematic during peak hours and the holiday season or when the CBSA was understaffed.
For those from the transgender community, Bill C-23 lacks provisions to protect their rights and freedoms, as the wording of Bill C-23 uses the term “sex” instead of “gender”. What does this mean? It means that those whose biological characteristics do not match their gender identity would be denied access to a pre-clearance officer of the same gender if they were strip-searched.
I will quote from the U.S. customs and border protection website regarding the procedure for searching transgender individuals. It states, “If the individual being searched has undergone the total transformation, the current gender of that person will dictate whether or not a male or female U.S. Customs and Border Protection...Officer performs the search”.
This language is discriminatory, because it ignores the reality of many transgender persons who do not want to, have not, or cannot undergo sex reassignment surgery.
What is more, Bill C-23 would also mean that people could be detained and questioned by U.S. pre-clearance officers on Canadian soil. Under the proposed legislation, travellers would no longer be able to exercise their right to withdraw from questioning. They could be detained and be obliged to answer any questions asked of them by U.S. officers. The act says that a traveller must not be “unreasonably” delayed. However, Bill C-23 does not clearly define what constitutes to “unreasonably delay” a traveller's withdrawal following a request to leave the pre-clearance area.
The implications of Bill C-23 does not stop there. We have seen that searches of electronic devices and requests to access the digital universe of travellers to the U.S. have been on the rise since the inauguration of Trump. In fact, a recent statement by the Trump administration suggests that an order requiring all travellers to disclose the contents of their electronic devices could be adopted. Bill C-23 would do nothing to ensure that Canadians' right to privacy would be protected during searches of electronic devices. While the government will argue that is up to people if they want to provide their devices to U.S. customs officers, the fact is that many travellers would be intimidated by them and would find it difficult to refuse such a request.
In addition, Bill C-23 would also mean that CBSA officers at a U.S. airport could prevent some Canadian permanent residents from boarding their flights if the officer somehow suspected that travellers had breached their permanent residency requirements. The bill also means, for refugees, that they could not make a claim for refugee status in the Canadian pre-clearance perimeter in the U.S.
To top it all off, Canadian officers would not be bound by the Canadian Charter of Rights and Freedoms when they were in positions of authority outside Canadian borders. This would mean that Canada Border Services Agency officers posted to pre-clearance areas in the U.S. could screen Canadian travellers under U.S. law, which is far more permissive in terms of the invasion of privacy.
Since Bill C-23 was first tabled, we have already seen significant developments outside our control with the change to the Trump administration. It is unquestionable that the Trump administration has attempted to quickly enact sweeping, significant, disturbing shifts in American immigration and border policy.
It is also unquestionable that these policies have already had a direct impact on Canadians, and incidents of racial profiling are already taking place. We have heard numerous stories reported in the media of Canadians being interrogated at the Canada-U.S. border. They have been asked intrusive questions about their faith and ethnic background, interrogated for hours, and ultimately refused entry to the U.S. and left humiliated.
Some of these Canadians, while Muslim, have had no connection to the countries included in the ban the Trump administration tried to impose. This was despite assurances by the Canadian government that they would not be impacted by Trump's attempt to bring forward discriminatory travel bans. Despite some of these discriminatory executive orders being suspended by the U.S. court system, we know that Canadians are being impacted already.
Media reports so far suggest that new executive orders from Trump will be strikingly similar to those he tried to bring forward that were struck down by the courts. While I hope that there will be a change in direction with the pending new executive orders from Trump, I am not holding my breath. I fear that the troubling direction the Trump administration has signalled will continue.
With this level of uncertainty, it is my view that it would be irresponsible of the government to move forward with this bill. My colleague, the member for Beloeil—Chambly, moved a recent amendment to Bill C-23. This is a call for the House to decline to give second reading to Bill C-23. The reasons are quite simple. Let me outline them specifically for the House:
(a) neglects to take into account the climate of uncertainty at the border following the discriminatory policies and executive orders of the Trump Administration; (b) does not address Canadians’ concerns about being interrogated, detained, and turned back at the border based on race, religion, travel history or birthplace as a result of policies that may contravene the Canadian Charter of Rights and Freedoms; (c) does nothing to ensure that Canadians’ right to privacy will be protected during searches of electronic devices; and (d) violates Canadian sovereignty by increasing the powers of American preclearance officers on Canadian soil with respect to the carrying of firearms and by not properly defining a criminal liability framework.
Let me be clear, if Bill C-23 passes, the Canadian government will no longer be just complicit in the discriminatory treatment of Canadians at the border. If Bill C-23 passes, U.S. customs and border protection officers would be authorized to carry out these acts of discrimination on Canadian soil. It is unacceptable across the border, but it would become reprehensible if our government allowed this to happen within our own country. I urge all members of this House to reject Bill C-23 and support the reasoned amendment.
I would like to finish my time by sharing the concerns of one of my constituents who took the time to write to me regarding his concerns around Bill C-23.
I am one of your constituents...and a born-and-raised Vancouverite...I am writing today on an issue that is very important to me. For a number of years, I lived in the United States of America, legally. I had an H1B visa that was renewed for my job...I have travelled across the Canada-US border innumerable times in my life. I have also faced mistreatment from border guards on both sides. A lawyer in New York helped me with my immigration case throughout so I did everything by the book; everything above board – and yet I was still treated like a criminal on many occasions. Thankfully, I always had the right to rescind my application for entry and I also stood firm knowing the Canadian government would protect my rights, my safety and – frankly – my body from any infringements on my rights as a free, upstanding, law-abiding citizen. Bill C-23, as I understand it, would strip that safety net away from Canadians such as myself. It would leave us vulnerable to frightening searches and allow border guards to overstep the boundaries of ethics and accountability.
I understand strong border protection is of utmost importance but, as the bill is written now, I have to urge you to vote against it in parliament.
This one email is a sample of many emails I have received in my office. My phone has been ringing off the hook. People have grave concerns with Bill C-23.
Any time we debate legislation that has an impact on how Canadians leave and re-enter our country, it is vital that we take the utmost care in the examining of the details of the legislation, its broader implications, possible unintended consequences, and anticipated changes to the status quo outside of our control. We owe that to Canadians. It is our job to do exactly that.
Without adequate legislative assurances that Canadian rights will be respected in Canada, I simply cannot support the bill. I would urge all members to think about what that means for their constituents. We can hold off and see what will happen with respect to the Trump administration on the new order. We can ensure the government takes action right now to raise the concerns that many Canadians have already said need to be brought to the attention of the Trump administration.
Our government has refused to undertake that work to date. Now we are dealing with allowing increased authority to U.S. officials. It is simply wrong. When will we stand up and fight for Canadian rights and protect those rights? Bill C-23 must not pass. The recent amendment that has been tabled should be adopted. If we adopt that, it will give us time to examine the situation and then to ensure we bring forward measures that are appropriate for all Canadians and, most important, that protect Canadian rights on the border.
Subtopic: Preclearance Act, 2016