Bill C-31 a deterrant to International Human Trafficking & Smuggling
On February 16, 2012, the Minister of Public Safety reintroduced the “designated
foreign national” provisions under Bill C-31
Protecting Canada’s Immigration System Act
This is one of the cornerstones of the government’s immigration reform agenda. It provides the Minister with the discretion to declare persons arriving in Canada or already in Canada as “designated foreign nationals”.
A designated foreign national or group of nationals are immediately to face detention for a period of one year under suspicion of foul play. This is to protect the individuals who have come to Canada from their captors and it is considered a necessary measure that has been imposed in order to completely avoid the exploitation that awaits them by criminal rings operating in the major cities and some smaller cities. This is to ensure the safety of both women and children who have potentially been kidnapped, drugged and smuggled over the borders. Each visa officer will have under the law special Minister’s Designations and powers in order to ensure the safety of people entering Canada.
The Minister differentiated between the smugglers and the smuggled:
The truth is that human smugglers are not at all interested in helping individuals in need. They do not care about individuals. They do not care about families.
They make victims of their passengers, who must pay dearly, and risk their lives to undertake perilous journeys. Human smugglers only care about money and are working every day to increase the profits from their illegal activities. (Minister of Public Safety, Hansard Debates,June 16, 2010)
The Minister’s decision to designate an “irregular arrival” Section 20.1 (1) of provides that the he Minister may, by order, having regard to
the public interest, designate as an irregular arrival the arrival in Canada of a group of persons if he or she:- is of the opinion that examinations of the persons in the group, particularly for:
- the purpose of establishing identity or determining inadmissibility — and any
- investigations concerning persons in the group — cannot be conducted in a
- timely manner; or
- has reasonable grounds to suspect that, in relation to the arrival in Canada of the group, there has been, or will be, a contravention of subsection 117(1) for profit, or for the benefit of, at the direction of or in association with a criminalorganization or terrorist group.
For more information on the new bill C-31, please go to www.cic.gc.ca
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