Bill C-237

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First Reading

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	2nd Session, 37th Parliament, 51 Elizabeth II, 2002
	House of Commons of Canada
	BILL C-237
	An Act to amend the Immigration and Refugee Protection Act
2001, c. 27	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
	*1. The Immigration and Refugee Protection Act* is amended by adding the following after section 105:**
Definition of ``source country''	105.1 (1) For the purposes of this section, ``source country'' means, in relation to a refugee claimant, their country of nationality or, if they do not have a country of nationality, their country of former habitual residence.
Deportation of refugee claimant	(2) Notwithstanding any other provision of this Act, an officer may order that a refugee claimant be deported from Canada to their source country if
	(a) there has been a clear admission by the claimant that they have no fear of persecution in their source country;
	(b) the claimant has failed to produce acceptable documentation establishing their identity and the officer is unable to determine a credible reason for the lack of such documentation, taking into account the statements of the claimant, any other relevant evidence ascertained by the officer and such factors as the political situation in the source country and the means of transportation that conveyed the claimant to Canada;
	(c) there is conclusive evidence that the claimant has engaged in serious criminality within the meaning of subsection 36(1), is engaged in organized criminality within the meaning of subsection 37(1), or is a member of a terrorist group as defined in subsection 83.01(1) of the Criminal Code; or
	(d) the source country is prescribed by regulations made under subsection (4) as a country that respects human rights.
Deportation after investigation	(3) Notwithstanding any other provision of this Act, an officer may, after thirty days have elapsed since a claim for refugee protection was made, order that the refugee claimant be deported from Canada to their source country if it is clear from all relevant evidence ascertained by the best efforts of the officer during that period, including any statements of the claimant, that the claimant left their source country and seeks to remain in Canada solely for economic reasons.
Regulations	(4) The Governor in Council shall, within six months after this section comes into force, make regulations prescribing, for the purposes of paragraph (2)(d), countries that respect human rights.