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CCR Resolutions Database
- Res.: 3Whereas:
- The legal definition of family used in the Canadian immigration system is an impediment to family reunification;
- The current definition of the family in immigration law is based on a traditional, first-world (Western or Global North) and heterosexist vision of the family. In effect, this definition is narrow and discriminatory;
- As soon as a dependent person does not meet the current family definition criteria, the application is rejected;
- Past CCR resolutions on family reunification that touch on the definition of family, including the November 2011 resolution: "An increased commitment to family reunification", do not include the reality of LGBTQ+ immigrants and other social groups.
Therefore be it resolved:that the CCR:
- Supports a definition of family that takes into account the family realities observed in various cultural communities and other family dependency situations (multigenerational family, de facto child, brother and sister, etc.), as well as the specific realities of other diverse social groups, including the families of people from LGBTQ+ communities.
- Res.: 1Whereas:
- IRCC has created temporary immigration measures for Ukrainians that allowed for applications for Ukrainians looking to travel to Canada, whether or not they had family in Canada;
- IRCC has highlighted the success of temporary protection and signaled an increasing use of temporary protection as a response to emerging crises;
- There continue to be complex and emerging humanitarian situations in Sudan, impacting both Sudanese nationals and others living in Sudan including refugees from Eritrea and across the African continent;
- The differential approach to Ukrainians and African refugees in terms of the requirement for existing family ties to Canada highlights inequities in the approaches taken by IRCC based on race, nationality, and ethnicity.
Therefore be it resolved:that the CCR calls on:
- IRCC to develop a rapid response framework to respond to humanitarian crises that is transparent and equitable regardless of race, nationality and ethnicity and that respects the principle of additionality
- And to develop equal opportunities for nationals, refugees and others needing humanitarian protection to access temporary and permanent pathways to protection in Canada.
- Res.: 4Whereas:
- Canada relies on the labour of migrant workers including those with closed work permits under the Temporary Foreign Worker Program and their family members, international students (“workers with temporary and precarious status”);
- The number of workers with temporary and precarious status in Canada has been increasing steadily for two decades;
- IRCC-funded services currently exclude workers with temporary and precarious status;
- Workers with temporary and precarious status are not eligible for the vast majority of government-subsidized legal services;
- Issues of exploitation and abuse of workers with temporary and precarious status are documented and systemic;
- Systemic abuse in the recruitment and migration processes creates vulnerabilities for many workers with temporary and precarious status, and lack of access to services exacerbates vulnerabilities they may experience;
- Workers with temporary and precarious status have limited to no access to subsidized legal services which they require when seeking recourse for abuse and exploitation;
- The support needs of workers with temporary and precarious status vary according to a diversity of identities, including gender and sexual identity;
- Economic and Social Development Canada is responsible jointly with IRCC for the Temporary Foreign Worker Program and funds the Migrant Worker Support Program;
- IRCC is responsible for issuing work permits under Canada’s temporary migration work and study programs;
- CCR has long advocated for access to adequate services for refugees and migrants, including access to legal aid from competent legal professionals; (See Resolution 2 May 01 1999; Res. 1 June 01 2019).
Therefore be it resolved:that:
- All workers with temporary and precarious status in Canada have access to IRCC-funded settlement services;
- ESDC funding for support services for migrant workers must be renewed and increased on an ongoing basis;
- Federal and provincial governments fund access to legal aid services for workers with temporary and precarious status seeking access to justice;
- These services must be adapted to meet the intersectional needs of this population.
- Res.: 2Whereas:
- In December 2013, the UN General Assembly adopted resolution 68/237, which proclaimed 2015 to 2024 to be the International Decade for People of African Descent, with the theme “People of African descent: recognition, justice and development”;
- The specific objectives for the International Decade are:
- To strengthen national, regional and international action and cooperation in relation to the full enjoyment of economic, social, cultural, civil and political rights by people of African descent and their full and equal participation in all aspects of society;
- To promote a greater knowledge of and respect for the diverse heritage, culture and contribution of people of African descent to the development of societies;
- To adopt and strengthen national, regional and international legal frameworks in accordance with the Durban Declaration and Programme of Action and the International Convention on the Elimination of All Forms of Racial Discrimination, and to ensure their full and effective implementation.
Therefore be it resolved:that the CCR:
- Recognizes the efforts made by Canada in support of the International Decade’s objectives and the fact that there is a long way to fully achieve these objectives;
- Calls on the Government of Canada to live up to Prime Minister Justin Trudeau’s commitment regarding the International Decade that Canada will take “a whole-of-government approach that builds upon the framework of the Decade, by developing policies and projects that tackle anti-Black racism, discrimination, and bias in public and private institutions.”;
- Calls on IRCC to create a permanent actionable policy to further the objectives of the International Decade for People of African Descent.
- Res.: 1Whereas:
- The CCR is concerned about the deportations of Black and other racialized child welfare survivors;
- All agencies of the State have a duty to act in the best interests of the child in all actions affecting children;
- Child welfare agencies have an obligation to secure citizenship for those in their care;
Therefore be it resolved:that the CCR calls for:
- The immediate suspension of the enforcement of a removal order against any foreign national who came to Canada as a child and spent any period of their childhood in the care of a child welfare agency or foster family, or in kinship care.
- An expedited pathway to permanent resident status through a public policy under s. 25.2 of the Immigration and Refugee Protection Act for any foreign national in Canada who came to Canada as a child and spent any period of their childhood in the care of a child welfare agency, foster family or kinship care.
- An expedited Temporary Resident Permit and accompanying work or study permit and for the waiving of any associated fees, for any foreign national in Canada who came to Canada as a child and spent any period of their childhood in the care of a child welfare agency, foster family or kinship care, where permanent resident status cannot immediately be granted.
- An amendment to the Citizenship Act to recognize as a citizen any foreign national who came to Canada as a child and spent any period of their childhood in the care of a child welfare agency, foster family or kinship care.
- Res.: 1Whereas:
- Housing is a human right.
- Homelessness and lack of safe and adequate housing has a profound and detrimental impact on children and adults, and long-term consequences for their health, mental health and wellness.
- When immigration status is used as eligibility criteria for shelter, housing, related supports, housing rights and entitlements, refugee claimants, migrant workers, international students and other with precarious immigration status or no immigration status are excluded.
- The immigration status bar has a disproportionate impact on racialized people, especially racialized women, who are over-represented among those who are low-income and in need of shelter, housing and related supports.
Therefore be it resolved:the CCR calls on the Government of Canada, and Provincial and Territorial governments to eliminate any and all exclusions to shelter, housing and supports based on immigration status so that all those in need of shelter and housing are eligible to access this basic resource.
- Res.: 2Whereas:
- The Canada Child Benefit (CCB) is an important federal program that provides essential income supports to families, and a critical tool for addressing child poverty in Canada;
- The specific eligibility criteria for the CCB regarding the immigration status of parents renders many refugee and migrant families ineligible to receive the benefit, including:
- Refugee claimants awaiting a determination of their claim;
- Children who cannot leave Canada for reasons beyond their control, such as those whose parents are from countries where Canada has issued a moratorium of removal because of dangerous conditions;
- Children who are Canadian citizens, but whose parents do not fall within the limited immigration eligibility categories;
- Excluding children and families from accessing the CCB based on the immigration status of the parents stands in contravention to numerous articles within the Convention on the Rights of the Child, which Canada has ratified.
- Denying refugee and migrant families access to the CCB based on the immigration status of the parents carries many detrimental consequences for the children who are impacted, including challenges associated with health, child development, income security and housing stability, among others.
Therefore be it resolved:the CCR Call on the Government of Canada to reform the Income Tax Act to eliminate the current exclusions based on immigration status so that every parent in Canada who is considered a resident for income tax purposes is eligible to receive the Canada Child Benefit.
- Res.: 1Whereas:
- The Global Compact on Refugees (GCR), which was affirmed by the United Nations General Assembly in December 2018, recognizes the expansion of resettlement and complementary pathways as one of the four objectives of the GCR;
- In that regard, UNHCR has developed a three-year Strategy (2019 – 2021) on resettlement and complementary pathways with the goal of increasing the number of resettlement spaces envisaged by the GCR;
- This Strategy envisions the admission by 2028 of 2 million refugees through complementary pathways, which are defined as safe and regulated avenues for refugees that complement resettlement by providing lawful stay in a third country where their international protection needs are met;
- The CCR welcomes the expansion of third country solutions through complementary pathways to address the huge gap in securing adequate resettlement spaces for the refugees globally;
Therefore be it resolved:that the CCR call for the following principles to be respected in the development of complementary pathways:
- Complementary pathways must offer a durable solution to refugees.
- Complementary pathways must aim to keep families together and respect the fundamental right to family reunification.
- The development of complementary pathways must not lead to a decrease in commitment to traditional resettlement.
- The development of complementary pathways must include meaningful refugee participation and leadership.
- Effort should be made to ensure complementary pathways are broadly available to diverse refugee populations.
- Complementary pathways should offer the same level of integration support as traditional refugee pathways offer.
- Res.: 2Whereas:
- In the midst of the largest refugee crisis in history, conditions in countries of origin around the world are ever fluid and can change within a matter of days;
- Conditions in countries of origin which may not amount to persecution may still place individuals in severe hardship (for example, climate-related catastrophes);
- H&C applications are the only applications for permanent residence in Canada in which the best interests of the child must be taken into account;
- Canada has a legal obligation under the Convention on the Rights of the Child and the International Covenant on Civil and Political Rights to provide effective remedies to ensure the respect of these rights;
- Persons who may face severe hardships in their countries of origin are barred from accessing H&C applications for one year following the final determination of their refugee claim; and
- Delays in processing of H&C applications are leading to more people, including families and children, being removed from Canada prior to consideration of the best interests of the child and other humanitarian and compassionate factors raised by their cases;
Therefore be it resolved:that the CCR call for people seeking protection in Canada to have access to humanitarian and compassionate considerations at any stage of their legal process following arrival in Canada, and in any event prior to removal.
- Res.: 4Whereas:
- The federal, provincial and territorial governments are increasingly recruiting international students as a source of permanent residents, as they are already partially integrated and therefore require fewer post-diploma settlement services (ex. language training);
- Applicants for students visas are rejected if they express the desire to stay in Canada permanently, while Canada’s economic immigration system encourages international students to apply for permanent residency at the end of their studies;
- Their precarious status puts them in positions of vulnerability (ex. labour exploitation, conjugal violence);
Therefore be it resolved:that the CCR take the position that:
- Prospective international students should not be penalized in their visa application if they declare their desire to apply for permanent residency upon graduation.
- The federal and Quebec governments finance full access to settlement and other support services for international students and their dependants.
- Res.: 2Whereas:
- There remain dangerous gaps in protection and support for unaccompanied and separated migrant and refugee claimant children entering Canada and moving through the refugee determination system and other immigration processes;
- There exists a lack of consistency between and within Provinces, Territories and regions in regards to the assessment, treatment, and available services and supports for unaccompanied and separated migrant, refugee claimant and refugee children;
- Canada still lacks clear and consistent guidelines and legislation to deal fairly with unaccompanied and separated migrant and refugee claimant children;
- Concerns have been repeatedly expressed by the United Nations Committee on the Rights of the Child in regards to the absence of a national policy on unaccompanied and separated migrant and refugee children in Canada, as well as a failure to distinguish between accompanied and unaccompanied children within Canada’s Immigration and Refugee Protection Act;
Therefore be it resolved:that the CCR:
- Call on the federal government, in collaboration with provincial and territorial governments and NGOs, to establish a national framework for unaccompanied and separated migrant, refugee claimant and refugee children.
- Insist that Canada’s national framework for unaccompanied and separated migrant, refugee claimant and refugee children take into account the following:
- the development of appropriate legislation, policy, protocols and safeguards to ensure fair and compassionate treatment of unaccompanied and separated minors at all stages of their settlement in Canada;
- adequate access to services and supports in all areas critical to the minor’s settlement and wellbeing (including, but not limited to: access to safe housing, education, healthcare services, legal assistance, social welfare, basic needs supports and family reunification), and;
- that Canada’s national framework for unaccompanied and separated migrant, refugee claimant and refugee children is developed and implemented in accordance with the United Nations Convention on the Rights of the Child and the United Nations Guidelines for the Alternative Care of Children.
- Res.: 3Whereas:
- Housing is a human right;
- Canada’s affordable housing crisis is impacting all medium to low-income Canadians, including immigrants and refugees. The impact of building further affordable housing through the National Housing Strategy will take time and does not address the crisis of today;
- Social assistance levels allocations are not adequate given the high cost of rents. The need for affordable housing outstrips what is presently available;
- The lack of shelter and dedicated services geared to arriving refugee claimants is creating a crisis within existing shelter systems and is increasing homelessness;
- Refugee claimants face absolute homelessness upon their arrival. Presently, refugee claimants are not eligible for the same supports as government-sponsored or privately sponsored refugees;
- Safe and affordable housing is critical to the successful settlement of refugee families and individuals;
- The CCR passed Res.: 5 , Nov 2005 on housing;
Therefore be it resolved:that the CCR:
- Call on all levels of governments responsible for housing and settlement to allocate more resources for accessible and affordable housing and to review the provision of adequate income and social assistance levels to facilitate access to safe, secure and affordable housing for all refugee claimants.
- Urge the inclusion of refugees and refugee claimants in the development and allocation of affordable housing projects.
- Encourage all levels of government to fund the development of appropriate short-term housing solutions for arriving refugee claimants, which include settlement services.
- Res.: 1Whereas:
- Access to legal aid in immigration related proceedings directly engages fundamental rights;
- Effective functioning of the justice system including the Immigration and Refugee Board requires that individuals are represented by skilled, competent legal professionals;
- In the absence of legal aid, vulnerable individuals will be denied access to representation;
- There are significant disparities in access to legal aid across the country;
Therefore be it resolved:that the CCR:
- Advocate on both the federal and provincial levels for adequate and sustainable legal aid services in immigration and refugee related areas;
- Advocate that federal transfers and provincial legal aid legislation include specific requirements for the delivery of immigration and refugee services.
- Res.: 4Whereas:
- People with precarious immigration status disproportionately experience poverty, homelessness and underhousing, food insecurity and income insecurity;
- Federal, provincial and territorial poverty reduction legislation, policies and strategies implicitly exclude migrant workers and people with precarious immigration status by not naming them;
Therefore be it resolved:that the CCR call on federal, provincial and territorial governments to explicitly include all residents of Canada in poverty reduction measures, including migrant workers, refugee claimants and other residents with precarious immigration status.
- Res.: 2Whereas:
- The Canadian government has shown an interest in integrating artificial intelligence (AI) in decision-making in immigration and refugee matters;
- These far-reaching technologies may have a huge impact on the lives of refugees and immigrants;
Therefore be it resolved:that the CCR advocate with the Canadian government to ensure that:
- Any use of artificial intelligence which may be adopted by the Canadian government, including IRCC, CBSA and IRB, respect international and domestic human rights law and the Canadian Charter of Rights and Freedoms;
- The government provides transparency regarding current practices and future uses of AI, independent oversight mechanisms, and any new binding standards;
- The government consults with the CCR, civil society, academia, policy makers, advocates, and most importantly, affected groups before moving forward with any AI initiatives.
- Res.: 5Whereas:
- The Citizenship Act requires “adequate” knowledge of English or French, and of Canada and the rights and responsibilities of citizenship; these requirements are translated by Immigration, Refugees and Citizenship Canada to require:
- up-front proof of Canadian Language Benchmark Level 4/ Niveaux de compétence linguistique canadiens (NCLC) niveau 4, and
- achieving a score of at least 15/20 on the citizenship exam which can only be written in English or French;
- Women, refugees, and sponsored spouses’ applications for Canadian citizenship are disproportionately refused because of these particular requirements;
- There are several known factors that impede additional language acquisition including: trauma; low literacy in one’s first language; lack of access to formal education; first language distance from English/French, and socio-economic needs;
- The current “compassionate waiver” framework from these requirements emphasizes the need to prove a permanent medical condition through completion of a Medical Opinion Form;
- Challenging citizenship refusals requires obtaining leave from the Federal Court, and therefore the need to hire a lawyer;
- The citizenship fee has tripled in the past 5 years, and is now $630 for adults.
Therefore be it resolved:that the CCR call upon the Canadian government to:
- Ensure the administration of the citizenship regime conforms with the Act to:
- Reduce the language and knowledge requirements to the “adequacy” required;
- Ensure broad compassionate discretion in the assessment of waivers from language and knowledge requirements, and eliminate the Medical Opinion Form.
- Amend the Citizenship Act to:
- Remove the English/French language requirement for writing the citizenship exam
- Revert to the ability of citizenship applicants to challenge a refusal in Federal Court as of right, given the importance of the rights at stake.
- Eliminate the fee.
- The Citizenship Act requires “adequate” knowledge of English or French, and of Canada and the rights and responsibilities of citizenship; these requirements are translated by Immigration, Refugees and Citizenship Canada to require:
- Res.: 3Whereas:
- The CCR has two resolutions on poverty Racialization of poverty (Res.: 1 , Nov 2016) and Poverty circumstances of Government-Assisted Refugees (Res.: 2 , Nov 2005)
- Federal, provincial and territorial government legislation and policies should be based on sound evidence (including, but not limited to demographic and user data) that is representative of the experiences of all residents of Canada;
- Publicly available census and other administrative data is not representative of all residents of Canada;
Therefore be it resolved:that the CCR call on federal, provincial and territorial governments to:
- Collect and make publicly available full access to disaggregated data;
- Ensure that legislation and policies that impact on poverty are informed by disaggregated data.
- Res.: 1Whereas:
- Eliminating root causes has been recognized by the Global Compact on Refugees as the most effective way to achieve solutions through resolving protracted refugee situations and preventing new crises from emerging;
- Canada is implicated in some root causes of forced displacement in many countries in the world;
Therefore be it resolved:that the CCR should, in a systemic manner, incorporate consideration of root causes into its work.
- Res.: 1Whereas:
- Some people commit crimes in Canada. Those who are citizens have one punishment. Those who are permanent residents or protected persons face additional punishments, including:
- criminal inadmissibility (with or without a right of appeal);
- loss of permanent resident status and deportation;
- prohibition on applying for citizenship for a certain period of time.
- People who arrived in Canada as minors, people from racialized communities, and persons living with mental health issues, and who never obtained citizenship, are disproportionately affected by this differential treatment, and may face deportation despite having lived in Canada for most of their lives;
- Discretionary relief on humanitarian and compassionate grounds, while important, is not an adequate remedy;
Therefore be it resolved:that the CCR take the position that criminal inadmissibility should not apply to permanent residents and protected persons in Canada who have lived in Canada for at least three of the past five years.
- Res.: 1Whereas:
- There is prolonged stress on the job in serving refugees and immigrants;
- There is a high risk for front line workers to face vicarious trauma when working with clients;
Therefore be it resolved:that the CCR ask federal and provincial funders of settlement services to increase funding for professional development and designate specific funds for training and support for staff in vicarious trauma, self-care, and trauma informed care.
- Res.: 2Whereas:
- Previous CCR resolutions already call on the IRB, IRCC and CBSA to include education and training on LGBT issues;
- Previous CCR resolutions already call on the IRB to adopt Guidelines for determination of claims of persecution on the basis of sexual orientation but not on other branches of the immigration system to do so;
- The IRB is currently in the process of developing sexual orientation and gender identity (SOGI) Guidelines and the CCR is participating in the related consultation process;
Therefore be it resolved:that the CCR call on IRCC, the CBSA and MIDI, as well as provincial and territorial immigration departments to adopt comprehensive internal policies that promote fair, just and equitable treatment related to sexual orientation, gender identity, and gender expression, and provide ongoing education on these policies.
- Res.: 3Whereas:
- Climate change is having an increasingly dramatic impact on forced migration;
- The Paris Agreement recognized the scientific and ethical imperative to mitigate climate change;
Therefore be it resolved:that the CCR create links with climate justice groups in order to develop a policy and advocate on climate justice issues in the context of uprootedness.
- Res.: 1Whereas:
- The gap between rich and poor in Canada is widening generally, and disproportionately impacts racialized group members;
- Inequalities with respect to economic status, health, learning outcomes and more are deep and persistent among members of racialized groups;
- These are products of structural and systemic racism and exclusion;
Therefore be it resolved:that the CCR call on all levels of government in Canada to:
- Work to expand fair access to institutions and opportunities;
- Promote economic equity and justice;
- Seek investments in opportunity and advancement;
- Work to ensure that racial equity and racial justice efforts are adequately funded and effectively resourced.
- Res.: 2Whereas:
- Permanent residence applications are often refused by IRCC for reasons of medical inadmissibility;
- Those refused include applicants with family members with disabilities;
- A disability is not a health condition,
- A disability is one of the grounds with Charter protection;
Therefore be it resolved:that the CCR:
- Take the position that people with disabilities should not be inadmissible for health grounds;
- Call upon IRCC to review Section 38 of the Immigration and Refugee Protection Act and the procedures and guidelines of medical inadmissibility for discriminatory content against persons with disabilities.
- Res.: 1Whereas:
- Newcomers to Canada like all Canadian residents are treaty peoples;
- The federal, provincial and territorial governments have a responsibility to make newcomers aware of treaties and the history of residential schools, and support their full participation as treaty peoples;
- The Truth and Reconciliation Commission (TRC) of Canada issued 94 Calls to Action to federal, provincial, territorial and Aboriginal governments in its final report in December;
- TRC Calls to Action #93 and #94 specifically charge the federal government with providing a “more inclusive history of diverse Aboriginal peoples in Canada, including information about the Treaties and history of residential schools” and revising the Citizenship Oath to include swearing to “faithfully observe the laws of Canada including Treaties with Indigenous Peoples”;
Therefore be it resolved:that the CCR:
- Call on federal, provincial and territorial governments to:
- Move quickly to allow newcomers to understand and affirm the treaty relationship by implementing Calls to Action #93 and #94;
- Develop strategies in consultation with Aboriginal governments to ensure their implementation, and provide resources;
- Call on federal, provincial, territorial and Aboriginal governments to implement in a timely manner all the other TRC Calls to Action