Statement made on 01 March 2011 by Senator Mobina Jaffer
Hon. Mobina S.B. Jaffer:
Honourable senators, I rise today to speak on Bill C-35, An Act to amend the Immigration and Refugee Protection Act.
Immigration to our great country has always been a bedrock of our society. Canada, throughout its history, has always served as a global leader in attracting immigrants from all over the world. This trend not only continues today but also is even more evident than ever before. People come here because they want a new beginning. They want to create a new life, not only for themselves but, more importantly, for their children. They want to come to a place where, with hard work and dedication, their potential can be limitless. Canada is a place that can make this dream a reality. I understand this process personally because I came to this country as a refugee with my family nearly 30 years ago.
My husband and I left everything behind and came here because we wanted to give our children a better life. So many other people are prepared to do the same and to use the appropriate word of my colleague, Justin Trudeau; it is "disheartening," that some individuals out there exploit for personal profit the dream of immigrants and refugees of becoming Canadian.
As Bill C-35 has highlighted and now intends to rectify, a flaw in our immigration framework that has allowed unofficial immigration consultants to defraud vulnerable would-be Canadians of their hard-earned finances by portraying themselves as being able to help with attaining citizenship when, in fact, they cannot.
Through the problematic process of charging those who want to become Canadians with consulting and representation fees and not delivering tangible results, these crooked consultants have for much too long been able to swindle innocent individuals and families.
Honourable senators, as highlighted in the House of Commons Standing Committee on Citizenship and Immigration and by the Honourable Senator Eaton, sponsor of the bill in this place, the use of unofficial immigration consultants or "ghost consultants" is a prevalent practice in our immigration framework. The operations and actions of these defrauders has a negative impact on not only those innocent individuals and families they manipulate and hurt but also affects our Canadian society as a whole. It gives our great country a bad reputation in the global immigration framework, and this reputation dissuades people from wanting to immigrate here. This situation is unacceptable because we are a country that has always been, and continues to be, welcoming of the world and its people.
These "ghost consultants" who, for too long, have operated in an illegal, unethical and dishonest manner, have found loopholes in our immigration system that have allowed them to continue their manipulative practices. They have gone unchallenged for too long. Without any proper regulation and punishment of said consultants, we are facilitating their actions. Bill C-35 will attempt to stop this facilitation.
This bill will change the immigration framework so that only authorized immigration representatives are allowed to provide consulting services to would-be Canadians. This bill means that only those lawyers, notaries and authorized consultants who are members in good standing of a governing body authorized by the Minister of Citizenship, Immigration and Multiculturalism may provide advice or representation at any stage of a proceeding or application.
Those who are found to be operating as an unregistered immigration consultant by said governing body will be punished with financial penalty and jail time under this bill. Bill C-35 creates not only a framework of regulation and accountability but also punishment when necessary in terms of immigration consulting services. This bill is exactly what is needed at this moment.
Honourable senators, I have worked in the field of immigration for over 30 years. Throughout this time, I have worked closely with refugees, many of whom have been women.
I can give honourable senators numerous examples of how people's lives have been completely destroyed as a result of not receiving qualified representation from immigration consultants.
A case that stands out in my mind is one that involves a Jordanian woman who, for the purposes today, I will refer to as Fatima — that is not her real name. Fatima was the victim of shoddy work by an immigration consultant. When I first met Fatima, my heart broke. Tears streamed down her face. Her entire body was trembling, and it was extremely clear that she had been physically abused. She had scars all over her face and arms.
It took many meetings with her to piece together why she had fled Jordan, leaving her two daughters behind. Soon I learned that Fatima was not only a teacher who worked long hours at a prestigious private school, she was also a proud mother of two teenaged daughters.
Unfortunately, her husband and his family suspected she was having an affair. Believing that Fatima had stained their entire family's reputation, they attempted to kill her. She was the victim of an attempted honour killing. Although they were unsuccessful in their attempt, Fatima still was forced to spend several months in the hospital. During this time, with the help of her friends and family, she found a way to escape to Canada, upon her release from the hospital.
Once she arrived here in Canada, however, she lost her refugee case because the immigration consultant representing her was not adequately learned in immigration law to represent her.
Honourable senators, in our country, the refugee and immigration convention defines a refugee as a person who fears persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion.
Although Fatima was not seeking refuge for one of the reasons listed in the convention, she would still be considered under the Canadian gender guidelines, which were specifically designed for cases like the one I have described. Unfortunately, the immigration consultant representing her was unfamiliar with the gender guidelines and therefore was unable to represent her case appropriately.
Finally, after a six-year battle, she was allowed to stay in this country. I will never forget the day I told her that she would be allowed to call Canada her home. She was overwhelmed with happiness and once again, tears streamed down her face, except this time they were tears of joy. Although we cannot remove her physical scars, we can provide her with a better life.
Honourable senators, our country gave Fatima a second chance, and welcomed her and her daughters with open arms, affording them with the rights and opportunities granted to all Canadians. Although we may not be able to change her past, we have made sure that this woman and her daughters have a brighter future. For this future, I am certain that she will be eternally grateful to Canada.
The unfortunate reality is that there are many people out there like Fatima, people who have been emotionally and physically victimized and have been robbed of everything they own. This is why it is of great importance that people who are fleeing persecution have access to consultants who can provide adequate and sufficient representation.
Fatima's case should have been resolved in one year. Instead, it took six years. A woman who had already lost everything was taken advantage of by an immigration consultant who was unable to do his job.
I believe that Bill C-35 will ensure that consultants like the one who represented Fatima can no longer prey on victims in vulnerable situations. I have highlighted one story, but there are thousands more. I am sure all honourable senators know of other examples that are equally unjust.
Honourable senators, I have been following the developments of this bill since it was first introduced in the house by the Honourable Minister of Citizenship and Immigration, Jason Kenny. Not only am I pleased with its content, but I am equally pleased that this bill is the product of the joint work of all parties. The passing of this bill is something all parties can take credit for. As we all know, there are times when many of us must differ in terms of ideology on certain issues, and this is acceptable. However, there are also times when we must work together so as to have the greatest effect for change for the most vulnerable.
Honourable senators, Canada as a nation can be proud of its status in the international framework. Canada is a place many people from around the world yearn to be a part of one day, and a place many are privileged to call their home. My family and I chose to come to this great country, Canada, because we knew it would offer to us what no other country could, a place where we would be allowed not only to hold on to our traditions, culture and way of life, but also a place that would provide us with basic dignity, rights and freedoms.
Canada still offers this dream to many people. While some are privileged to one day attain it, many are taken advantage of for this same aspiration. Bill C-35 is the solution to this plagued practice as it will establish a framework that will regulate the immigration consulting process effectively. This bill will help truly the most vulnerable. I urge all honourable senators to support this bill.