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QUESTION PERIOD — Ministry of Immigration, Refugees and Citizenship

Study Permit

June 14, 2022


Minister, in my first question to you I asked if a criminal conviction background check is conducted for all applicants for a study permit in Canada. Obviously, the answer is no.

In the case I mentioned earlier in which an international student sexually assaulted a young woman, he pleaded guilty and received a conditional discharge rather than a criminal conviction. Thus, he would not have to leave Canada before completing his studies at the University of Prince Edward Island.

Since this was not the first case involving someone on a study permit who committed a sexual assault but didn’t receive a criminal conviction, Islanders are wondering if the threat of deportation and therefore having to leave their studies is being used as a “get out of jail free card.”

The woman has paid a high price for the sexual assault. She quit her job, suffers panic attacks and is fearful of being in stores and near strangers, while the international student gets to finish his degree.

Minister, for the safety of all Canadians, why is it not mandatory that all applicants for study permits — rather than merely the ones who mention a criminal record on their applications — be required to pass a criminal background check prior to the study permit being issued?

Hon. Sean Fraser, P.C., M.P., Minister of Immigration, Refugees and Citizenship [ + ]

First of all, the experience this woman has had is completely unacceptable. Sexual violence, particularly against women, is an absolute scourge on our society. Frankly, I think that, as men, we need to do whatever we can to encourage men and boys not to be bystanders and witness the kind of behaviour that allows people to transform into these perpetrators of sexual violence.

There should be a criminal record check. I need to dig into the specifics of this individual case. I’m reticent to comment about it, not being aware of the application process of this particular individual.

When it comes to decisions that are taken by the court, senator, I think you will appreciate that they are completely independent of what the government would do. From my perspective, serious criminality is justification to have a temporary resident — under whichever stream they may have used to enter Canada — deported from Canada. In my view, it’s enough to prevent them from arriving in the first place.

To the extent that you would like to follow up with our team to have us dig more deeply into the individual facts of this case, perhaps that is something we can take a look at.

With respect to serious criminality, that is certainly grounds for being denied entry to Canada. I don’t have before me the specific facts on the file of this individual case. What is most important is that we believe and support survivors of sexualized violence and ensure we continue to put tools in place to prevent this kind of thing from ever happening.

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