IMMIGRATION AND SETTLEMENT

1. Best practices for service delivery to trafficked persons

WHEREAS:

1. Canada is a party to the United Nations Convention on Transnational Organized Crime and its Protocol to Prevent, Suppress and Punish Trafficking in Persons;

2. The Protocol includes assistance to and protection of trafficked persons;

3. The federal government has a responsibility for immigration and settlement;

THEREFORE BE IT RESOLVED that the CCR urge the government of Canada to initiate a national strategy for the coordination and implementation of best practices in services to persons trafficked into and within Canada, including all federally funded settlement services.

Resolution also approved by Inland Protection

INLAND PROTECTION

2. Definition of “Trafficked Person” in Canada

WHEREAS:

1. Canada is a party to the United Nations Convention on Transnational Organized Crime and its Protocol to Prevent, Suppress and Punish Trafficking in Persons;
2. The Protocol includes an internationally agreed definition of trafficking in persons;
3. The definition in existing Canadian law relating to the offence of trafficking in persons (in the Immigration and Refugee Protection Act and in the Criminal Code) is not as broad as the internationally agreed definition;
4. More particularly, the definition of “exploitation” in the Criminal Code requires that the trafficked person be afraid for their safety or the safety of someone known to them;
5. Trafficked persons may not feel or demonstrate subjective fear as required by the Criminal Code;

THEREFORE BE IT RESOLVED that the CCR:

1. Formally adopt the international definition of trafficking in persons from the Protocol to Prevent, Suppress and Punish Trafficking in Persons;
2. Urge the government of Canada to meet its obligations under the Protocol by ensuring that its law and procedures fully reflect the internationally agreed definition;
3. Urge the government of Canada, in particular, to amend the Criminal Code to remove the requirement of subjective fear on the part of the trafficked person as a proxy for the motivation of the trafficker.

Resolution also approved by Immigration & Settlement

3. Canadian Commissioner for the Rights of Children

WHEREAS:

1. Canada is signatory to the Convention on the Rights of the Child;
2. The Final Report of the Standing Senate Committee On Human Rights, published in April 2007, concluded that “...one of its primary proposals should be the establishment of a children’s Commissioner at the federal level in Canada...” (p. 202).

THEREFORE BE IT RESOLVED THAT the CCR promote the establishment of a children’s commissioner at the federal level, responsible for, among others, the welfare of immigrant and refugee children.

4. Priority processing for H&C applications involving best interests of the child

WHEREAS:

1. Canada is signatory to the Convention on the Rights of the Child;
2. Timely family reunification and a full and timely assessment of a child’s best interest are fundamental elements of Canada’s obligations under the said Convention;
3. In February 2005, the Minister of Citizenship and Immigration implemented a program to reduce the processing times of sponsorships of spouses living abroad and to prevent, where possible, the separation of spouses in Canada;
4. A child’s interests and rights are of equal or greater concern;

THEREFORE BE IT RESOLVED THAT the CCR advocate in favour of a policy providing that:

1. A humanitarian and compassionate application involving the best interests of any child facing removal, or whose parents face removal, receive a full and proper assessment prior to potential removal from Canada;
2. Applications for permanent residence based on humanitarian and compassionate grounds, made either inland or abroad, that invoke the best interests of a child living abroad be processed in priority; an accelerated priority should be given to those applications which invoke risk concerns to the child living abroad.  

OVERSEAS PROTECTION AND SPONSORSHIP

5.  Visa office referred cases

WHEREAS:

1. The Private Sponsorship of Refugees (PSR) program was established on the principle of additionality;
2. In November 2006, the Minister of Citizenship and Immigration increased the upper limit of the PSR target to 4,500 persons in order to allow for flexibility for sponsors to respond to visa office referred cases without decreasing the number of sponsor referred cases processed;

THEREFORE BE IT RESOLVED that the CCR call for visa office referred cases to be processed in addition to the established targets of both GARs and PSRs at all visa posts.

6. Colombia resettlement levels

WHEREAS:

1. The Colombian conflict has not lessened during the last year;
2. Different international organizations have pointed to the continuation of political persecution and human rights violations;
3. Displacement levels are higher than ever before;

THEREFORE BE IT RESOLVED that the CCR request the Canadian Government to maintain the current resettlement levels for Colombian refugees through the Source Country Class.

ADDITIONAL RESOLUTIONS

7. Somalia

WHEREAS:

1. There has been no functioning central government and/or other public institutions to protect vulnerable groups and/or prevent human rights abuses in Somalia since 1991;
2. In the past year, humanitarian workers and human rights defenders have been the victims of an increased number of targeted killings on the part of both the Transitional Federal Government and armed militia groups;
3. Humanitarian workers, human rights defenders and civilians who are not protected are forced to flee both inside and outside their country in order to find protection;

THEREFORE BE IT RESOLVED that the CCR request that the Canadian government:

1. Where possible provide support to UN institutions, government and non-government agencies in Somalia and in the surrounding countries which aim to protect and support humanitarian workers, human rights defenders and civilians in Somalia;
2. Respond more effectively to the resettlement needs of Somali refugees and their families who are displaced in countries around the world.

8.  Advocacy and training re. Trans issues

WHEREAS:

1. The CCR adopted a resolution in November 1994 in regard to education and guidelines on sexual orientation for the IRB;
2. The 1994 resolution does not address specific training with the IRB in regard to trans communities, nor does it recognize education and training for CIC and CBSA employees;

THEREFORE BE IT RESOLVED that the CCR:

1. Ensure from now on that all CCR policies regarding sexual orientation reflect the diverse lesbian, gay, bisexual, transgender, transexual, queer, questioning and intersex communities;
2. Advocate with the IRB, CIC and CBSA to include education and training on trans specific, transphobia and homophobia issues.